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HomeMy WebLinkAboutCooperative Agreement for Maintenance of State Hwy f STATE OF IDAHO IDAHO BOARD OF .mss HIGHWAY DIRECTORS ROSCOE C. RICH -CHAIRMAN LEONARD K. FLOAN - MEMBER y EQ hoa ~r , ~ d` DAVID P. JONES - McMeeR 0 DEPARTMENT OF HIGHWAYS P. o. Box aye BOISE, IDAHO April 6, 1955 E. V. MILLER STATE HIGH WAY ENGINEER Honorable Don M. Storey, Mayor City of Meridian i~4eridian, Idaho _. _.. _._ Dear Mayor Storey: - We enclose herewith duly executed copy of Maintenance Agreement between the State of Idaho and the City of Meridian covering the maintenance of State Highway routes through your City. Please retain this copy for your files. Yours very truly, E. V, T~SLLER State Highway Engineer ~~ y~ UVivi. P. I3UGI S Urban Engineer ~•dPH~NLI~t~dd Encl cc: N. L. McCrea Di.~~iGt ,~3 w/encl _ .. COOPERATIVE AGREEIVIENT FOR MAINTENANCE OF STATE HIGHWAY IN THE MUNICIPALITY OF... ~:~ ............. THIS AGREEMENT, made and executed in duplicate this ..........~.~ .......... ... day of ..-......cw~k+~....---.........:., 19..J ~--, by and between the State of Idaho Department of Highways, hereinafter called the "State" and the City/ of .............................. ~..--.......---............... hereinafter referred to as the "City/~'. WITNESSETH: 1. RECTTALS The parties desire to provide for the maintenance of state highway routes within the City/Village as provided in Chapter 93-1951 Idaho Session Laws, and to arrange herein for the particular maintenance functions to be per- formed by the City/Village and those to be performed by the State and to specify the terms and conditions under which such work will be performed. 2. AGREEMENT This agreement shall supersede all previous Maintenance Agreements. In consideration of the mutual covenants and premises herein contained, it 'is agreed: The CitylVillage will perform such maintenance work as is ,specifically delegated to it and the State will perform those particular functions of maintenance delegated to it on the state highway routes or portions thereof all as hereinafter described under Section 13, 17, and 17A hereof or as said sections may be subsequently modified with the written consent of the parties hereto acting by and through their authorized representatives. 3. MAINTENANCE DEFINED Maintenance is defined as follows: (a) The preservation and keeping of rights of way and each type of roadway, structure, and facility, in the safe and usable condition to which it has been improved or constructed, but does not include reconstruction or other improvement. (b) The necessary provision for safety convenience and devices. (c) The general utility services such as roadside planting and vegetation control. (d) The special or emergency maintenance or repair necessitated by accidents or by storms or other weather conditions, slides, settlements or other unusual or unexpected damage to a roadway, structure or facility. (e) Such illumination of streets, roads, highways and bridges which is required for the safety of persons using the said streets, roads, highways and bridges. 4. DEGREE OF MAINTENANCE The degree and type of maintenance for each highway or portion thereof shall mean doing the necessary work and furnishing the necessary materials and equipment to maintain the highway facility herein described in a manner, as near as practicable to the standard in which they were originally constructed and subsequently improved. 5. LEGAL RELATIONS AND RESPONSIBILITIES Nothing in the provisions of this Agreement is intended to affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of state highways different from the standard of care imposed by law. It is understood and agreed that neither the State, nor any officer, agent, servant, or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by'the CitylVillage or in connection with any work, authority or jurisdiction delegated to the City/Village under this Agreement for Main- tenance. The City/Village, its officers, agents, servants or employees, shall not be responsible for any damage or liability arising in connection with work to be performed by the State which is not otherwise delegated to the City/ Village. 6. HIGHWAY Highway, as used herein, refers to the whole right of way which is secured or reserved for use in the construction and maintenance of the traveled way and roadsides as hereinafter described. 7. TRAVELED WAY Traveled Way means the area between the inside face of curbs where curbs exist; otherwise, the entire width with- in the highway which is improved for vehicular use, and improved shoulders and berms if they exist. 8. IMPROVED ROADSIDES Improved roadsides relates to the area between the traveled way, as defined under Section 7, and the right of way boundary lines, including curb and sidewalk, wide medians in divided highways, as hereinafter described. Curbs relate, to a timber, concrete or masonry structure separating or otherwise delineating the traveled way from the remainder of the highway. Sidewalk applies to the paved or otherwise improved surface area between the face of curb and right of way boun- dary, including paved entrances or driveways. 9. UNIMPROVED ROADSIDES Unimproved roadsides relate to the area between the traveled way, and right of way boundary wherein curbs and sidewalks do not exist. T 10. BRIDGES Bridges, as used herein, refer to structures of a span of more than twenty feet (20') measured under the copings along the center line of the street and multiple span structures .where the individual spans are in excess of ten feet (10') measured from center to center of supports along the center line of the street. All other cross drainage structures shall be classified as culverts. 11. TRAFFIC SERVICES Traffic service, as used herein, refers to all features which aid, regulate or control the movement of traffic over the highway. Among other things those items of guide, regulatory and warning signs, pavement markings, traffic sig- nals and highway lighting are included. Page 1. 12. FRONTAGE ROADS Frontage roads apply to roads constructed on either side of the highway traveled way to provide authorized road access to adjacent properties in lieu of access directly to the highway. 13. ROUTINE MAINTENANCE Routine maintenance to be performed on the traveled way or roadsides, shall consist of such work as patching, spot sealing, crack sealing, snow plowing, snow removal, sanding, care of drainage upkeep and repair of bridges, culverts, curbs and sidewalks, street sweeping and cleaning, repair of damage and cleaning up after storms and traffic acci- dents, control of roadside vegetation, care of landscaped areas, trees or other ornamental plantings, and upkeep and operation of traffic service devices, all in the manner as hereinafter specified. (a) Traveled Way 1. Surface repair; such as the patching of holes, depressed areas, spot sealing, under sealing, etc. 2. Crack sealing; The cleaning and filling and sealing of cracks in pavement with sealing compounds. 3. Sweeping and Cleaning; The removal of d[rt or litter normally coming onto the tra~~eled way from action. of traffic or from natural causes, such as flood and storm debris. 4. Snow Removal; the removal of snow from the traveled way by plowing, sweeping, and hauling and shall include sanding or salt when required. The hauling away of snow need only apply on those highway sections where snow storage is limited orat such times when accumulations become greater than storage area capacity. 5. Utilities; including manholes, boxes or other appurtenances shall be maintained by their owners. 6. Storm sewers; shall be kept clean and free from debris; traps and sumps cleaned as required after each storm. 7. Culverts; shall be kept clean and free from debris; inlets and outlets shall be kept free from debris and growing grass or brush. (b) Bridges 1. Bridges; shall be investigated once each year and oftener if considered necessary. In addition to such annual investigation, routine maintenance to be performed shall include monthly inspection of each bridge by qualified personnel and immediate repairs made of all defects. The District Engineer shall be immedi- ately notified of major defects. (c) Improved Roadsides. 1. Curbs; shall be kept in repair by cleaning, patching, lifting and aligning. 2. Sidewalks; shall be kept in repair by cleaning, patching, lifting and aligning. 3. Parkways; shall be kept mowed, watered, edges trimmed and the watering operations shall not flood or sprinkle on the traveled way. 4. Trees and plantings; shall be kept trimmed with dead maierial removed and hazardous limbs pruned. This agreement shall not be construed as restricting, prohibiting or otherwise relieving the-City of the responsibility for inspection and upkeep of trees in a manner that will insure maximum safety to both vehicular and pedestrian traffic or to restrict or relieve the City/Village from following the same policy and procedure generally followed by it with respect to streets of the City/Village in the matter of re- quiring sidewalk repairs and control of ve>etation to be made by or at the expense of abutting owners who are under legal obligation to perform such work. (d) Unimproved Roadsides 1. Ditching; Foreslopes, back slopes and ditches shall be bladed and ditched regularly as required to keep as near as possible to the original typical cross section. 2. Cleaning; Foreslopes and back slopes shall be mowed as required. Trees and shrubs shall be kept trim- med, dead material removed and hazardous limbs pruned. Waterways shall be kept free of debris. (e) Traffic Services The maintenance to be performed on Traffic Services shall consist of furnishing all necessary labor, ma- terial, services and equipment to install, replace, operate and/or repair the following items in accordance with the policies and procedures herein referred to: 1. Guide Signs; will include all signs used to direct traffic along a route or toward a destination. 2. Warning Signs; will include all signs used to indicate conditions that are actually or potentially hazard- ous to users of the highway or street. 3. Speed Signs; will include all regulatory. signs used to, indicate, prima facie speed limits which have been designated in accordance with statutory provisions. 4. Other Regulatory Signs; will include all regulatory signs, other than the speed sign, which are used to indicate the required method of traffic movement or use of the public highway or street. All signs of all types installed on urban extensions of the State Highway System shall contain standard legends and shall be placed and maintained in accordance with current policies and procedures as adopted by the State, or as otherwise specifically authorized by the State. 5. Center and Lane-line Markings; will include those lines marking the center of a roadway on which traffic moves in both directions, or dividing the roadway between traffic moving in opposite directions and lines, other than center lines, separating two traffic lanes. Barrier lines, when required are also included in this category. 6. Other Pavement Markings; shall include all lines, patterns, words, colors, or other devices, except center and lane lines, set into or applied upon the pavement surface or curbing or objects within or adjacent to the roadway for the purpose of regulating and warning traffic. All pavement markings of all types shall conform with and be placed in accordance with current policies and procedures as adopted by the State or as otherwise specifically authorized by the State. ?. Traffic Signals; will include any power-operated traffic control device by which traffic is warned or is directed to take some specific action. All traffic signals shall be of standard design and shall be installed, operated and maintained in accord- ance with current policies and procedures as adopted by the State or as otherwise specifically authorized by the State. Standard warrants as established by State Policy must be met before installation will be allowed. Maintenance shall include upkeep of supports, as well as all other items which are an in- tegral part of the installation. Page 2 Highway Lighting; will include all fixed illumination of the roadway or sidewalk for purposes of providing better visibility of persons, vehicles or roadway features. All highway lighting shall be installed and maintained in accordance with current policies of the State or as otherwise specifically authorized by the State. 14. ENCROACHMENT PERMITS When authority to issue Encroachment Permits is delegated to the City/Village, the authority shall pertain to all parts of the highway or street throughout the particular length indicated under Section 17 and/or 17-A of the Agree- ment. Permits shall be issued on a form provided by the State and the City/Village will furnish a copy of each permit to the State. The City/Village agrees to follow current policies of the State regarding encroachment unless the City/ Village by ordinance or other regulation imposes more restrictive regulations as stated below. Prior approval of the State shall be secured before any permit is issued for the original installation of any utility line, driveway or other major encroachment within the highway right of way. Routine permits for signs or marquees shall be handled by the City/Village without prior approval of the State. No sign or marquee shall, however, be permitted to be installed within or project over the traveled way nor extend beyond a point within eighteen (18) inches of a line drawn perpendicularly upward from the curb line. No sign of any kind except State authorized official signs, or temporary municipal decorations, shall be permitted to be suspended over the roadway. Signs extending over the sidewalk area shall have no part thereof less than twelve (12) feet above sidewalk or ground level. Marquees extending over the sidewalk area shall have no part thereof less than eight (8) feet above sidewalk or ground level. All signs and marquees shall conform to the City/Village Building and/or Sign Code ex- cepting that minimum clearance requirements as herein specified must be complied with. They shall at all times be maintained in a good appearing and structurally safe condition. Any existing sign or marquee suspended or projecting over any portion of State highway right of way which constitutes a hazard shall be immediately repaired or removed. Illuminated displays containing either red or yellow lights may be permitted to overhang the sidewalk area in busi- ness districts only. Displays containing red or yellow illumination may be authorized on a permit basis outside of business districts only when the display is placed flat against and supgorted.,by the building and providing it does not extend more than twelve (12) inches into the right of ,way. Extreme care must be taken in granting permits for red, yellow or green illuminated signs in areas where Stop and Go signals are in operation. Permits will not be granted for displays which interfere with, hide, or because of their color background make differentiation of Stop and Go signals difficult. When authority to issue Encroachment Permits is delegated to the State, approval of the City/Village will be secured prior to the issuance of a permit. Permit forms of the State will be used and a copy will be forwarded to the City/ Village for its record. If the City/Village by ordinance or other regulation imposes more restrictive regulations and requirements regard- ing signs, marquees and/or driveways than above set forth or as provided in current State policies, nothing in these provisions shall be construed to prevent the City/Village from enforcing such restrictive regulations in the granting or refusing of permits with respect to any State highway. Where authority to issue permits is delegated to the State all local ordinances which are more restrictive than State policy will be observed. The City, Village or State shall comply with its usual policy with respect to collecting costs from permittees in such cases as fees or charges are made by the City, Village or State for similar work on streets or highways. 15. TRANSPORTATION PERMTTS Transportation permits will be required for all vehicles and their loads which exceed legal limitations. Where author- ity to issue transportation permits is delegated to the City/Village, such authority shall pertain only to travel that originates and terminates within the corporate limits. Page 3 16. ROUTE DESCRiPTION Route No. No. ~. 1 Length Miles .Description of Routing On U.3. 30 troy Cottonwood Avenue eia 8sst First Street and the 3ta~e Fiigh~ray to the North fast pity L3,mite. Page 4 17. DELEGATION OF MAINTENANCE The maintenance work to be performed by the City/Village or State shall conform to the provisions hereof and shall include those operations as hereinafter indicated: MAINTENANCE FUNCTION AGENCY TO PERFORM WORK Route No. Route No. Route No. tcoute No. tcouie loo. Traveled Way 1• 1. Surface repair .............~~.....-...... .......................... .......................... ........-,....-........... ........-•----............ 2. Crack Sealing ............ 5........... ......................... .......................... .......................... .......................... 3. Sweeping & cleaning .............~~............ .......................... .......................... .......................... ................:..---..,. 4. Snow removal .............~~............ .....-.................... .........---....-........- ---•---.......-•---....... .......................... 5. Utilities ............~.......-•-• .......................... .......................... .......................... .....................:.... 6. Culverts ....----....fie ........... .......................... .......................... ...........•---........... ....................,....- 7. Storm sewers ............~`r ........... ......................... .........................• ---•--............-....... .........--•--••--•------- S Bridges .......................... .......................... .......................... .................•---..... .......................... Improved Roadsides 1. Curbs .............~t........... ......-................... .......................... ..................---..... ........................-. 2. Sidewalks .............~e........... -......................... .......................... .......................... .......................... 3. Parkways .............Ci........... .......................... .......................... .......................... ....................-..... 4. Trees & planting ......-----.~e ........... .......................... .......................... .......................... .......................... Unimproved Roadsides 1. Ditching .............~...---..... .. ..............-........ ..--......-.-....-----.... .--..............-........ ..-...-................--. 2. Cleaning ........................ .......................... .......................... Traffic Services 1. Guide signs .............{~........... ....---..........-...-.... .......................... ..-..-.........-.......... .....................-.... 2. Warning signs .............~'t........... --•--...---•--.........-. ........--••----...-...-.. ..-.....-................. .......................... 3. Speed signs .............~.......... -------•--................ ...........-........-.-... ..........-........._...-- -....-..............-..... 4. Other Regulatory Signs .............~`e......-•--- ......-................... ............-............- .........-................ ........................-. 5. Center & Lane lines .............~!.......... -.............:.......... .....................-.... ..-..----.......-......... .......................... 6. Other Pavement markings .............~r........... .......................... ...............-.......--• •---......-......-........ .......................... 7. Traffic Signals .............4'r....--..... .......................... ........-................. ..-•----•--....-.......... .......................... 8. Highway Lighting .......................... .......................... .......................... Issue Permits Encroachments .~ .......... .. ....•-----•--.......... .-........-...-•----...-•- ----.-...---.-............ ...........----........... Issue Permits Transportation .............~.......... •----..-........._....... .......................... ........................_ ...-.................`-•-- S - 3tat,~ w G3.ty Page 5 v 17-A DELEGATION OF MAINTENANCE -FRONTAGE ROADS The maintenance work to be performed by the City/Village or State shall conform to the provisions hereof and shall include those operations as hereinafter indicated: MAINTENANCE FUNCTION AGENCY TO PERFORM WORK Route No. Route No. Route No. Route No. Route No. Traveled Way 1. Surface repair .......................•-- ••-•---.-...-•----........ .--......----------•------ •---•-••----.-......----.. .....-..-......--•-------- 2. Crack Sealing .......................... ..............•----•-----. ..........--.... 3. Sweeping & cleaning .......................... .......................... ................••-•-•-•-- ----.....-......---....... 4. Snow Removal .......................... .......................... .....-..........--------.. 5. Utilities .......................... .-•----......-........... ...----••---..-..--•------ ..-.....----•--•-----•-•.. 6. Culverts .......................... .........-..-..---•--•--. ............--...---.....- -----------•-------.....-- 7. Storm Sewers .........................• --------....---.-....-.... .---.-......_•.---..-.... Bridges ..-----•--••-•------------ - ----------------_.. _~,~,~.>.....:.. ..............-.........:. ..... Improved Roadsides 1. Curbs .....................•---• --------••----..-......... .......................-- •---..........-........... ..-...-..........-•---•--- 2. Sidewalks .................:........ .......................... ............•--•---------- --------------------....-. .....-•-----------•--•---- 3. Parkways .........................• --------...-.-......---•.. ......-..-•--•-•---••----- -.......-..-.......-...-•- •--•-•--....-............. 4. Trees & Planting .......................... .......................... •---- --•---•------------- •-------....--------•-••-- Unimproved Roadsides 1. Ditching --•--• .................... ---•---.-......._........ ......-........---••----- •-------•-----------•---.. .-•-•---.....-.-.......--- 2. Cleaning -------------------------- --------••-•-------••--••- •--••--•------- ---------• ------•-----•--•---------- •----------------- ------• Traffic Services 1. Guide Signs ......................•--. ......---...............-. ........----..-........... ....-...-------........... -------...........-------• 2. Warning signs .........................• ---------.............-.-. ---................---... .--------................. ........----...------..... 3. Speed signs -------------------------• -------................... .---..-.....------........ ---..-..-----------..-..-. ........------------------ 4. Other Regulatory Signs .......................... .......................... .......................... ......................... .......................... 5. Center & Lane lines .......................... .......................... .......................... .......................... .......................... 6. Other Pavement markings .......................... ...•---................... .......................... ........---............-.. ..-..-.................... 7. Traffic Signals .......................... .......................... .......................... .......................... .......................... 8. Highway Lighting .......................... ..•---.................... .........-............... ........----•--..:........ .....--................... _ . _.__.,~...._.,T.._~... ~...~ ....~~,.-....._.._~~.T_.. --... _-:.....rte,-.,,.,~...-.,~. _.._ Issue Permits Encroachments .......................... .•--------.......----..-.. ............:...........:. --.....-.................. ..----•--...------.....--- Issue Permits Transportation .......................... ..•---..........._....... .......................... .......................... .-.-......---•-----------• Page 6 18. DELEGATION OF COSTS All agencies shall bear all costs of maintenance obligations assigned to them under this agreement. 19. SUBSEQUENT IMPROVEMENTS When a highway section or portion thereof is improved to urban standards, ie., with curbs, sidewalks, etc., the dele- gation of maintenance shall automatically change to conform to the provisions as provided for similar sections under this agreement. 20. TERM OF AGREEMENT This agreement shall become effective .... 4~:./,~~---/.-`T-,i:s?.--- and shall remain in full force and effect until amended or terminated. The Agreement as above may be amended upon the mutual consent of the parties thereto. The Agreement as above may be terminated at any time upon thirty days written notice by either party thereof to the other. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. Approval o nde . s District Engineer ,~ ',~~ Maintenance Engineer -- CITY OF ::a~I11N Mayor __ i City er VILLAGE OF ------------ -----------•----•-------------•-------...------•--•--...---..-..---- Trustee Trustee Trustee ,...,-p......,t.,__ .._ Village Clerk - - _ •-~ . Attest - •_-i :~ ,. ~_ _ , _ l -- •---• •-- .-...4~s :::...... .. .........•----..................-•----- Secre ary - ~ ~ _ STATE OF IDAHO DEPARTMENT OF HIGHWAYS BY--•--...----• •--' •- - -.. - .- .- -- ••-•---------------------•--....---------•-- State Highway Engineer Page 7 ~e ~ ~~ 6 e ~ @ pQQ ~ ~ n $ °~ ~ ~~ ~' ~ ~ v W G dR W ,q . W~ m e p 8 = ~ i .: ga ..~_ ~. m 3 z ~~