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COOPERATIVE AGREEMENT (Design and Construction) CITY STREET APPROACH- RODEO DRIVE CITY OF MOSCOW ROADWAY DESIGN REGISTER NO. q Bb PARTIES THIS AGREEMENT is made and entered into this )Sf.. day of _fllq__J >/J'M , , by and between the IDAHO TRANSPORTATIONDEPARTMENT, he after called the STATE, and the CITY OF MOSCOW, hereafter called the CITY. PURPOSE This Agreement is made for the purpose of establishing the terms for the design, construction and maintenance of additional turn lanes and a new CITY street approach to US Highway 95, knov·m as Rodeo Drive, at or near MP 346.1, as shown on the attached Exhibit A. The parties mutually agree as follows: SECTION I. Definition of the Construction Limits. The work to be performed under this Agreement is to construct a new CITY street approach and additional turn lanes at or near MP 346.1 on US-95 within the CITY limits. SECTION II. That the STATE will: I. In accordance with the Cooperative Agreement for Maintenance of State Highways in effect between the parties, dated May II, 1999, review and provide concurrence with right-of-way use permits for the work by others, to consist of right and left turn lanes, proposed for the highway right-of-way within the CITY limits. 2. Review and issue concurrence for a right-of-way use permit from the CITY for the design and construction of a new city street approach to US Highway 95 by the CITY's designated licensed contractor. 3. Upon tina! approval of construction, accept and maintain the tum lanes in accordance with the Cooperative Agreement for Maintenance of State Highways in effect between the parties, dated May 11, 1999. 4. Should the traffic volume on the State Highway increase enough to cause Idaho Transportation Department (ITD) signal warrant attainment, due solely to the new CITY street approach, the STATE shall provide written notice to the CITY of the requirement for a signal system installation by the CITY within 180 days of the 'Written notification, pursuant to lTD Administrative Policy A-12-16. If the increase in normal traffic volumes cannot be attributed solely to the addition of the new CITY street approach, the State will participate in signal system installation as directed in ITD Administrative Policy A-12-16. ---PAGE BREAK--- SECTION III. That the CITY shall: 1. Be responsible for the design and construction of the right and left turn lanes and new CITY street approach on US-95 at or near MP 346.1 as shown on Exhibit A. 2. Receive and process right-of-way use permits for the work proposed on the US-95 highway right-of-way within the CITY limits, in accordance with the Cooperative Agreement for Maintenance of State Highways dated May 11, 1999, in effect between the STATE and the CITY. 3. Provide to the STATE for review and concurrence, a permit for a new CITY street approach to US-95 at or near MP 346.1 as shown on Exhibit A. 4. Provide to the STATE, at no cost, a formally recorded deed for additional highway right-of-way necessary to accommodate right and left turn lanes on US-95 for the new CITY street access to the developed area. This right-of-way deed is to specifY the new right-of-way as controlled access, with the only access to the highway being designated at the new CITY street and a future northbound 16-foot wide skewed entrance-only driveway to Block 1, Lot 1 of Park View Estates. 5. Upon the STATE approval of the design, construct or cause to be constructed by others, a formally permitted CITY street approach to US-95, including left and right turn lanes, at the location shown on Exhibit A. 6. Insure compliance with all pertinent sections of the STATE's Standard Specifications for Highway Construction in accomplishing all work within the construction limits. 7. Upon final approval of construction, accept and maintain the new CITY street approach in accordance with the Cooperative Agreement for Maintenance of State Highways in effect between the parties, dated May 11, 1999, and the Development Agreement, Park View Estates Addition, City of Moscow, Idaho, dated January 5, 2000. 8. Indemnify, save harmless and defend, regardless of outcome, the STATE from expenses of and against 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 work which is the subject of this Agreement. 2 ---PAGE BREAK--- EXECUTION THIS Agreement is executed for the STATE by its Assistant Chief Engineer, and executed for the CITY by its Mayor, attested to by the City Clerk, with the imprinted corporate seal of the CITY OF MOSCOW. IDAHO TRANSPORATION DEPARTMENT APPROVED BY: APPROVED: RECOMMENDED BY: CITY OF MOSCOW hm:moscow coop.doc 3 ---PAGE BREAK--- RESOLUTION 2000-08 WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of the STATE and the CITY OF MOSCOW, hereafter called the CITY, for design and construction of additional turn lanes and a new city street approach to US 95; and WHEREAS, certain functions to be performed by the STATE involve the expenditure of funds as set forth in the Agreement; and WHEREAS, 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 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MOSCOW AS FOLLOWS: 1. That the Agreement for design and construction of additional turn lanes and a new city street approach to US 95 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 to the Idaho Transportation Department. PASSED by the City Council and APPROVED by the Mayor this 17th day of April, 2000. / sh:t!'. May: c; 7 y AtXJIJ <7 I Christine Bainbridge, City Cl1J k CERTIFICATION Resolution true copy of a Resolution passed at a City of No 01-1, held on Apr i l 17, 2000. f Page 1 of l ---PAGE BREAK--- I :I I "MUTCO ollows !!'tOP lln,.. of 4' ,:tnd " 38' f I"Orl" rn't:e.""!ft•! t.lr" S toe Ltne snell beo hne tf eross•t:tl..,. _J Shoulde,.._ • 1 Ol> %J . 5 • us-'15" liM'. RI&I.J" /