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Dfi-1841 12-80 RESOLUTION 91-16 WHEREAS, the Idaho Transportation Department, Division of Highways, hereafter called the State, has submitted an Agreement stating obligations of the State and the City Idaho, for the construction of the North Moscow Couplet from Main Street to Jackson Street and WHEREAS, the State is responsible for obtaining compliance with laws, standards and procedural policies in the development,' construction and maintenance of improvements made to the Federal-Aid Highway System when there is federal participation in the costs; and {IEREAS, certain functions to be performed by the State involve the expenditure of funds as set forth in the Agreement; and \fHEREAS, the State can only pay for work associated with the State Highway System; and WHEREAS, the City is fully responsible for its share of project costs; and WHEREAS, it is intended that the project shall be developed and constructed so as to receive federal participation; NOW, THEREFORE, BE IT RESOLVED: 1. That the Agreement for Federal-Aid Highway Project !F"-#4$l%J&O'((lu0Ll)l is hereby approved. 2. That the Mayor and the City Clerk are hereby authorized to execute the Agreement on behalf of the City. 3. That duly certified copies of the Resolution shall be furnished the Idaho Transportation Department, Division of Highways. CERTIFICATION I hereby certify that the above is a true copy of a Resolution passed at a duly called special (X-out non-applicable term) meeting of the City ' " s t b 9 91 -.-",\COJ!llncif;14St;".7, M'sr , Idaho, held on ep em er , 19 J " D q W$ L/_y"'ffi I . 0 ' \ i I \ (SEAL) I ' Jf ' \ V - - ---PAGE BREAK--- 8/90 COOPERATIVE AGREEMENT (TRAFFIC CONTROLS/SIGNALS) PROJECT NO. F-4110(101 NORTH MOSCOW COUPLET - US HIGHWAY 95 (MAIN STREET TO JACKSON STREET) MOSCOW, LATAH COUNTY, KEY #5004 PARTIES THIS AGREEMENT is made and entered into this 2"'1 t{ day of , 19 7 I , by and between the IDAHO TRANSPORTATION DEPAR MENT, hereafter called the STATE, and the CITY OF MOSCOW, hereafter called the CITY. PURPOSE This Agreement is entered into for the purpose of complying with certain provisions of the Federal-Aid Highway Act in obtain ing federal-aid to construct the project. The Parties mutually agree that it is in the public interest to construct a section of U. S. Highway 95 between Milepost 0. 544 and Milepost 0. 677, which includes: grading, drainage, base, sur facing, signing, illumination, and the reconstruction of certain public roads, not a part of the state highway system, and the closing of certain streets under local jurisdiction, all as shown on the attached plans entitled Exhibit Federal Project No. F-4110(101) , and made a part of this Agreement. Authority for this Agreement is established by Section 40-317 of the Idaho Code. The Parties agree as follows: SECTION I. That the STATE will: 1. Assume no responsibility for the timely performance of this Agreement and in no way guarantees that federal-aid is available now or in the future. In the event federal aid is unavailable, this Agreement is void. 2. Program the construction of the project and execute all necessary agreements with the Federal Highway Administra tion, securing the federal government's pro rata partici pation in the eligible construction costs. 3. Provide detailed construction plans and advertise open bids, prepare a contract estimate of cost based on the successful low bid and notify the CITY thereof. ---PAGE BREAK--- 4. Award a contract for construction of the project based on the successful low bid, if it does not exceed the STATE's estimate of cost of construction by more than ten ( 10) percent. 5. Provide to the CITY a copy of: Contract Proposal form, Notice to Contractors and approved construction plans, and a set of "As Built" plans. 6. Close Street between Main Street and Jackson Street, as shown on the project plans, marked Exhibit 7. Remove Street between Main Street and Jackson Street, First Street between Main Street and Washington Street, Jackson Street between the new alignment of u.s. Highway 95 southbound and Street, and also Main Street between First Street and the new alignment of U. S. Highway 95 northbound from the State Highway System. 8. Construct a connection from alley to the new alignment of U. S. Highway 95 at Station 144+28.56, Right, as shown on the project plans, marked Exhibit 9. Designate a resident engineer and other personnel, as the STATE deems necessary, to supervise and inspect construc tion of the project in accordance with the plans, specifications and estimates in the manner required by applicable state and federal regulations. This engineer, or his authorized representatives, will prepare all and final contract estimates and change orders. 10. In cooperation with the CITY, establish and cause to be maintained all detours deemed necessary to best serve the public interests and to expedite the work. 11. Cause to be replaced to original, equal or better condi tion any existing sidewalks, curb and gutter, pavement, regulatory signs, sewer facilities, water lines, fences and other similar items, except as hereafter stated as obligations of the CITY, and excluding shrubs and other plantings within the right-of-way, removed or damaged by construction operations. 12. Furnish and install all official guide signs at junctions of the urban extensions to the state highway system and all confirming and reassurance route markers and guide arrows along the urban extensions of the state highway system necessary to properly identify the STATE'S highways and keep the motorist sure of the routes. 13. Permit the CITY to improve all existing and sanitary sewers right-of-way. retain, maintain, connect to and city-owned water lines, storm sewers now in place on the state highway ---PAGE BREAK--- 14. Give the CITY ownership of all proposed luminaires, luminaire poles, and junction boxes. 15. Provide the washington underground necessary electrical service agreements with Water Power Company for installing an service. 16. Indemnify the CITY and hold it harmless against any and all suits, actions, claims, or losses of every kind, nature and description, including costs, expenses and attorney fees that may be incurred by reason of any act or omission, neglect or misconduct of the STATE in the construction or maintenance of the project. SECTION II. That the CITY will: 1. Hereby approve the plans, including the closures and con nections described in Section I, Paragraph Nos. 4 and 6. 2. Accept as a portion of its street system, those routes described in Section I, Paragraph 5. 3. Authorize the STATE to administer the project and make any necessary changes and decisions within the general scope of the plans and specifications. 4. By appropriate ordinance and police action, prohibit the use of any part of the highway right-of-way within the project limits for the purpose of advertising, dis playing, selling, or dispensing any merchandise or goods. 5. Prohibit the on-street parking of motor vehicles or trailers within the project limits. 6. Maintain, erect or install only those traffic control devices, including signs, within the project limits that are in conformance with the Manual of Uniform Traffic Control Devices for Streets and Highways, as adopted by the STATE. 7. 8. Maintain the paved area left and bounded Street and Street between Station 142+50 144+40 as shown on the project plans marked by Jackson and Station Exhibit Obtain concurrence of the STATE closing any right-of-way entering within the project limits. before vacating or the state highway 9. Obtain concurrence from the STATE before accepting any new street or alley right-of-way entering the state highway within the project limits. All new approaches to the state highway shall conform to either the STATE's Standard Approach Policy or to the CITY's ordinances, whichever are more restrictive. Copies of all permits issued for access to the state highway shall be submitted to the STATE. ---PAGE BREAK--- 10. Cooperate with the STATE in the selection and designation of suitable detour routing during project construction. 11. Comply with all pertinent sections of the Idaho Transpor tation Department's Standard Specifications for Highway Construction in accomplishing all future trench backfill and pavement repairs within the project limits. 12. Obtain concurrence of the STATE before planting or permitting the planting of any trees, shrubs, or flowers on the highway right-of-way within the project limits. 13. Obtain concurrence of the STATE, upon completion of this project, ownership of all highway and street lighting equipment to be installed within the project limits and to assume all operation and maintenance costs in accordance with the Cooperative Maintenance Agreement dated May 18, 1981, required to maintain said equipment in continuous service during hours of darkness and will not remove, alter, or abandon any lighting equipment without prior concurrence of the STATE. 14. Provide all necessary permits and inspections necessary to complete the permitted work. 15. Indemnify the STATE and hold it harmless against any and all suits, actions, claims, or losses of every kind, nature and description, including costs, expenses and attorney fees that may be incurred by reason of any act or omission, neglect or misconduct of the CITY in the construction and maintenance of the project. ---PAGE BREAK--- EXECUTION This Agreement is executed for the STATE by its State Highway Administrator; and executed for the CITY by its Mayor, attested to by the City Clerk, with the imprinted corporate Seal of the CITY OF MOSCOW. APPROVED AS TO FORM: ATTEST: (Seal) By ¤¥¦§/special meeting on September 9, 1991 tar/lramoscow IDAHO TRANSPORTATION DEPARTMENT APPROVED BY: k tate RECOMMENDED BY: CITY OF MOSCOW Mayor . ---PAGE BREAK--- September 25, 1991 Mr. Gary Presol City of Moscow Post Office Box 9203 Moscow, ID 83843 Re: Project No. F-4110(101) ; North Moscow Couplet Key No. 5004 Dear Mr. Presol: For your records, enclosed is the original of the fully-executed Cooperative Agreement for construction of the North Moscow Couplet, Main Street to Jackson Street. If you have any questions, please call me at 746-1345. Sincerely, litl : I \ D. McATEE, P. E. District Project Development Engineer DJM:jw Enclosure cc: Mayor Paul Agidius