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HomeMy WebLinkAboutCooperative Agreement and Amendment - Cherry Lane and Fairview, US-30, Ada County, State of Idaho Transportationx STATE OF 1 DA H® JOHN V.EVANS GOVERNOR 'AHO TRANSPORTATION BOARD CARL C. MOORE -CHAIRMAN LLOYD F BARRON -viCE CHAIRMAN '~-?0v I. STROSCHEIN - MEMBER DARRELL V MANNING DIRECTOR TRAtUSPORTATIOIV DEPARTII~fNT ?0 BCx 7129 801SE, IDAHG 837C7 13 August 1979 Gary Funkhouser, Director Ada County Highway District 318 East 37th Street Boise, Idaho 83704 Re: h1-8673(003) US 30 & Cherry Lane Intersection Meridian, Ada County, Idaho Dear Gary: Thank you for the remittance of the local share of construction cost on this project. ~~ ~ ~. 6 1919 Here's the Sponsor's copy of the Cooperative Agreement, which has been duly executed by the State Highway Administrator. A copy of the Agreement is also being sent to the City of P~teridian, Co-Sponsor of the project. Sincerely, /'~'.yc .~.s~ JOHN E. WANAt~1AKER, P.E. Engineering Project Supervisor Local Roads fdh Enclos re cc: ity of Meridian SAfE TRANSPORTAT/ON MEANS PROGRESS EC:iA~ :. Px .. ' . ~ t COOPERATIVE AGREEMENT M-8673(003) US-30 & CHERRY LANE INTERSECTION Meridian, Ada County, Idaho THIS AGREEMENT, made and entered into this _ day of ,,~,, 1979, by and between the IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF HIGHWAYS, hereafter called the "State", the Party of the First Part; the ADA COUNTY HIGH6JAY DISTRICT, acting by and through its Board of Commissioners, hereafter called the "Highway District", the Party of the Second Part; and the CITY OF MERIDIAN, acting by and through its Mayor and Council, hereafter called. the "City", the Part of the Third Part. ~~1ITNESSETH: WHEREAS, the Parties have mutually agreed that it is in the public interest to reconstruct the intersection of U.S. Highway 30 and Cherry Lane,, which improvement is to consist of grading, base, draining, curb-gutter, .SP-4: elocate Water System surfacing, lighting, signalization, and traffic controls on 0.34 mile of highway within the City of Meridian to be constructed under Federal-Aid Project No, M-8673(003); and WHEREAS, the City by authority of Idaho Code, Title 50, may adopt and enforce traffic control ordinances within its corporate limits; and I~JHEREAS, the improvements to be constructed under Project No. M-8673(003) are a recommended part of the Ada County Planning processes; and WHEREAS, the Parties are agreeable to assuming such portions of the costs and obligations of such improvements as are hereafter set forth. NOW THEREFORE, in consideration of the premises and the several promises tp be faithfully performed by each Party as hereafter set forth, the Parties agree as follows; SECTION T, Definition of Terms 1, Project Limits. Where used in this Agreement, the term "Project Limits" shall mean the boundaries of that part of the State highway and local streets to be improved in accordance with the attached plans, entitled Exhibit "A" and made a part of this Agreement. /a zo R E S O L U T I O N WHEREAS, the Idaho Transportation Department, Division of Highways, has submitted a Cooperative Agreement stating obligations of the State and the City of Meridian, Idaho, for the construction of the intersection of US Highway 30 and Cherry Lane within the corporate limits of the City of Meridian, Ada County, Idaho, as described in the Cooperative Agreement, which improvement is to consist of grading, base, draining, curb-gutter, surfacing, lighting, signaiization, and traffic controls on 0,34 mile of highway within Meridian to be constructed under Federal-Aid Project M-8673(003); and WHEREAS, the allotment of Federal and State funds for the improvement is contingent upon compliance with the laws governing State highways and State highway traffic, availability of necessary right of way and adequate provision for the maintenance of the completed improvement, and the establishment of traffic control measures and means of enforcing them. --' N04! THEREFORE, BE IT RESOLVED: 1. That the Cooperative Agreement for Federal-Aid Project No, M~8673(003) is hereby accepted and approved, 2. That the Mayor and the City Clerk are hereby authorized to execute the Cooperative Agreement on behalf of the City of Meridian. 3. That duly certified copies of this Resolution shall be furnished the Division of Highways. CERTIFICATION I hereby certify that the above is a true copy of a Resolution passed at a regular mete/ting of the City Council, Meridian, Idaho, held on r 1979. .~.-- A~~~ City. Clerk (S E A L) SECTION II. That the State Will: 1. Assume its share of all construction and engineering costs of the project including: acquisition of rights of way, excavation and grading, base, draining, curb-gutter, surfacing, lighting, signalization, other traffic controls, and miscellaneous items necessary to complete the work, excepting items hereafter stated as obligations of the Highway District and City, in accordance with Exhibit "A" of this Agreement. 2. Designate a resident engineer and other personnel, as the State deems necessary, to supervise and inspect construction 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 monthly and final contract estimates, and initiate change orders when required to be submitted to the Highway District for its approval. 3. In cooperation with the Highway District, establish and cause to be maintained all detours deemed necessary to best serve the public interest and expedite the work. 4. Furnish and install all official guide signs at junctions of the urban extensions of 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 highways and keep the motorist sure of the route. 5. Furnish, as its share of the cost of the traffic signal installation, all of the signal and illumination materials, including: poles, signal. heads, detector amplifiers, cabinets, controller with cabinet and luminaires with lamps. 6. Upon request by and at no cost to the Highway District, furnish individual replacement parts, except lamps or equipment as a unit, necessary to maintain standard operation of the traffic signal equipment to be installed in accordance with Exhibit "A" of this Agreement. 7. Upon request of and at the expense of the Highway District, perform the maintenance necessary to provide standard operation of the traffic signal equipment. -2- 8. Upon completion of the project, after all costs have been accumulated and the final audit accomplished, provide a statement to the r Highway District summarizing the estimated-and actual costs, indicating any adjustments, and further, will remit any money which may be due the Highway District. SECTION III. That the Highway District: 1. Hereby approves the aforementioned plans. 2. Will not maintain, erect or install any traffic control devices or signs within the. project limits except in conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways, as adopted by the State. 3. In the future, will not vacate or close any right of way within the project limits without concurrence of the, State. 4. In the future, will not accept any. street or alley right of way entering the project limits without concurrence of the State. 5. Agrees to cooperate with the State in the selection and designation of suitable detour routing during project construction. 6. Will comply with all pertinent sections of the State's Division of Highways Standard Specifications for Highway Construction in accomplishing all future trench backfill and pavement repairs on the State highway within the project limits. 7. Without prior concurrence of the State, will not plant or permit the planting of any trees, shrubs or flowers on the State highway right of way within the project limits. 8. Agrees that the use and occupancy of the right of way of this project by utility facilities will be controlled by the State's Policy for the Accomodation of Utilities Within Rights of Way of the Federal-Aid Highway System in the State of Idaho. 9. Wi11 pay to the State, immediately following .execution of this Agreement, the amount of ELEVEN THOUSAND, TWO HUNDRED NINETY SIX FIFTY HUNDREDTHS DOLLARS ($11,296.50), which sum is the District's share of the estimated project cost. -3- 10. Will furnish all the labor, equipment and miscellaneous materials not furnished by the State necessary to install the traffic singal in accordance with Exhibit "A" of this Agreement. 11. Agrees to assume all operation and maintenance responsibilities and the cost thereof, except as provided in Section II, Item 6 of this Agreement, required to maintain the traffic signal equipment in continuous operation in conformity with the justifying warrants as set forth in the Manual of Uniform Traffic Control Devices for Streets and Highways, as adopted by the State. 12. Agrees that should the Highway District fail to maintain the signal installation in standard operation, the necessary maintenance will be performed by the State, at Highway District expense. 13. Will not remove, alter or abandon the traffic signal equipment without concurrence of the State. At the time a major signal modification is necessary or the signal is to be abandoned, the traffic signal equipment will be divided equally between the two parties on the basis of the salvage value of the equipment at the time of salvage. 14. Will not, without prior concurrence of the State, use the traffic signal poles or cables for any purpose other than to support traffic control devices. 15. Will provide the State with copies of vouchers and records confirming all labor, equipment and material costs expended on this project. 16. Will retain its records of the project for a period of three years after completion. 17. Following completion of the project, will pay to the State the amount of any final costs which may exceed the estimated amount indicated in Section III, Item 9 of this Agreement. SECTION IV. That the City: 1. Hereby approved the project. 2. Agrees to enforce all existing applicable laws and ordinances so that the total design effectiveness of the improvements shall be realized. 3. Agrees to obtain concurrence of the State prior to installing or constructing any new, or relocating any existing City owned sanitary sewer or other facilities on the State highway within the project limits. -4- 4. By appropriate ordinance and police action, will prohibit the use of any part of the right of way within the project limits for the purpose of advertising or for displaying, selling or dispensing any merchandise or goods, or the erection of any sign or structure that will encroach upon the right of way. 5. Will prohibit parking of motor vehicles or trailers within the project limits. 6. Agrees to accept from 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 required to maintain the equipment in continuous service during hours of darkness and will not remove, alter or abandon the lighting equipment without prior concurrence of the State. In the event that the "Average Maintained Foot Candles" of the lighting system drop below 70% of the original installed values, the City shall cause the light intensity to be restored to approximately the original values. Any combination of relamping and/or cleaning of fixtures may be used to achieve the necessary desired intensity. ~7, bill not, without prior concurrence of the State, use the light pole or traffic signal poles for any purpose other than to support traffic control devices. This Agreement shall become effective on the first date mentioned above and shall remain in full force and effect until amended or replaced upon the mutual consent of the parties hereto. The Highway District represents that its Board of Commissioners i:s authori:zed by proper resolution to enter into this Agreement; the City represents that its Mayor is authorized by proper resolution to enter into this Agreement; and the State represents that the Idaho Transportation Board has by proper resolution authorized the Administrator, Division of Highways, to enter into this Agreement.. 5 IN WITNESS WHEREOF, the Parties have caused these presents to be executed, the Party of the First Part by its State Highway Administrator, attested to by his Secretary and the Seal of the Division of Highways affixed hereto; the Party of the Second Part by its Commissioners, attested to by the Director and the Seal of the Highway District affixed hereto; and the Party of the Third Part by the Mayor, attested to by the City Clerk and the Seal of the City affixed hereto. ATTEST; IDAHO TRANSPORTATION DEPARTMENT DIVISION OF HIGHWAYS Secretary ,~,~- ate Highway dmin strator (S E A L) Party of the First Part APP~ED AS TO FORM; of Legal counse A ATTEST; ;, Direct r -'- 'P~(SEAL) ',.~ _ f"~ _. ~, /~~l .~ _ ADA COUNTY HIGHWAY DISTRICT ATTEST; 'ty Clerk .(SEAL) CITY~OF MERIDIAN e arty of the Third Part 6 Party of the Second Part STATE OF l DA HO Qp.'T SEgl ~~ 4 O ~~ ~ v JOHN V. EVANS ~ f / -: GovERNOR R .ij 1~ c~~~o~~, O,~ IDAHO TRANSPORTATION BOARD ~;~ ..ti~ _~ ,~ ~ CARL C. MODRE _CNA~RMAN ~=~~rr~~riF`° TRANSPORTATION DEPARTMENT LLOYD F BARRON-VICE CN AIRMAN ROY I. STROSCHEIN -MEMBER DARRELL V MANNING 7129 0 O IDAHO 83707 BOISE DIRECTOR P . B X , August 5, 1980 The Honorable Mayor and Council City of Meridian 728 Meridian Street Meridian, Idaho 83642 Re: M-8673(003), U.S. Highway 30/Cherry Lane Intersection Gentlemen: Here's your copy of Amendment No. 1 to the Cooperative Agreement between the State, Ada County Highway District and the City of Meridian. The Amendment has been duly executed by the State. Sincerely, JOHN E. WANAMAKER, P.E. Local Roads Engineer br Encl. SAFE TRANSPORTAT/ON MEANS PROGRESS EQUAL OPPORTUNITY EMPLOYER R E S O L U T I O N WHEREAS, the Idaho Transportation Department, Division of Highways, has submitted Amendment Number 1 to the Cooperative Agreement stating obligations of the State and the City of Meridian, Idaho, for construction under Federal- Aid Project M-8673(003), of 0.34 mile of highway at the intersection of U.S. Highway 30 and Cherry Lane within the corporate limits of the City of Meridian, Ada County, Idaho, which improvement is to consist of grading, base, draining, curb-gutter, surfacing, lighting, signalization, sprinkler system, landscaping, sidewalk and traffic control; and WHEREAS, the allotment of Federal and State funds for the improvement is contingent upon compliance with the laws governing State highways and State highway traffic, availability of necessary right of way and adequate provision for the maintenance of the completed improvement, and the establishment of traffic control measures and means of enforcing them. NOW THEREFORE, BE IT RESOLVED: 1. That Amendment Number 1 to the Cooperative Agreement for Federal- Aid Project Number M-8673(003) is hereby accepted and approved. 2. That the Mayor and the City Clerk are hereby authorized to execute Amendment Number 1 to the Cooperative Agreement on behalf of the City of Meridian. 3. That duly certified copies of the Resolution shall be furn- ished the Division of Highways. CERTIFICATION I hereby certify that the above is a true copy of a Resolution assed at a regular meeting of the City Council, Meridian, Idaho, held on ~-` ~ ~ C a 1980. ~' ,~ Cit Cle (SEAL) AMENDMENT NUMBER 1 TO COOPERATIVE AGREEMENT U.S. Highway 30 and Cherry Lane Intersection Meridian, Ada County, Idaho M-8673(003) THIS AGREEMENT, made and entered into this ~~day of 1980, by and between the IDAHO TRANSPORTATION DEPARTMEN , DIVI- SION OF HIGHWAYS, hereafter called the "State"; the ADA COUNTY HIGHWAY DISTRICT, acting by and through its Board of Commissioners, hereafter called the "Highway District"; and the CITY OF MERDIAN, IDAHO, acting by and through its Mayor and Council, hereafter called the "City". WITNESSETH: WHEREAS, the State, Highway District and City entered into a Cooper- ative Agreement on 6 August 1979, covering reconstruction of the U.S. Highway 30 and Cherry Lane Intersection within the City of Meridian; and WHEREAS, it is in the public interest to amend the Cooperative Agree- ment by providing for a change in the scope of work to include install- ation of a sprinkler system and landscaping in lieu of paving the traffic island at the intersection of U.S. Highway 30 and Cherry Lane; and WHEREAS, authority for this Agreement is established by Section 40-120, Idaho Code. NOW THEREFORE, in consideration of the premises and the several promises to be faithfully performed by each as hereafter set forth, the parties do mutually agree to amend the aforementioned Agreement as follows: -1.- 1. Section II shall be changed by adding paragraph 9, as follows: 9. By Change Order, delete certain items of work and make substitution therefore, as shown on Exhibit "B", attached to and made a part of this Agreement. 2. Section III shall be changed by adding paragraph 18, as follows: 18. Agrees to the changes as referred to in Section II, Paragraph 9 and as shown on Exhibit "B". 3. Section IV shall be changed by adding paragraphs 8 through 11 as follows: 8. Will, at City expense, furnish, plant and maintain low- growth vegetation within the confines of the traffic island to be constructed as a part of this project at the intersection of U.S. Highway 30 and Cherry Lane. 9. Will operate and maintain the sprinkler system at City expense, providing all the water necessary to support the vegetation to be planted. 10. Will ensure that none of the sprinklers to be in- stalled as a part of this project will be directed onto the traveled way. 11. Will keep the traffic island free and clear of all trash, weeds, paper, dead vegetation and other foreign materials. The Highway District represents that its Board of Commissioners is authorized by proper resolution to enter into this Agreement; the City represents that its Mayor is authorized by proper resolution, a copy of which is attached hereto, to enter into this Agreement, and the State represents that the Idaho Transportation Board has, by proper resolution, authorized the Administrator, Division of Highways, to enter into this Agreement. -Z- IN WITNESS WHEREOF, the State has caused these presents to be exe- cuted by its State Highway Admininistrator, attested to by his Secretary, and the seal of the Division of Highways affixed hereto; the Highway Dis- trict by its Commissioners, attested to by its Director and the Seal of the Highway District affixed Hereto; and the City, by resolution of the Council, has caused these presents to be executed by the Mayor, attested to by the Clerk, and its corporate seal affixed hereto. ATTEST: IDAHO TRANSPORTATION DEPARTMENT DIVIS OF HIGHWAYS `ei~ Secre ry State Highway Admini ator (SEAL) APPROVED AS TO FORM: ~- -sr l Couns . Idaho Transportation Department ATTEST: ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS D' ec r (SEAL) Commission ~,` - Commissioner ATTEST: ~`` ' ty Clerk (SEAL) CITY OF ERIDIAN ~ - Ma -3- EXHIBIT "B" M-8763(003) U.S. Highway 30 and sherry Lane Intersection Meridian, Ada County, Idaho ESTL:'~1ATED PF'OJECT DELETIONS ITEM 3/4-Inch Aggregate for Base Plant Mix Pavement Miscellaneous Pavement Asphalt ESTIMATED PROJECT ADDITIONS ITEM Sprinkler System Top Soil Mulch Concrete Sidewalk QUANTITY UNIT PRICE COST 164 CY $ 4.08 $ 669.12 89 Tons 16.28 1,448.92 640 SY 2.00 1,280.00 6 Tons 181.50 1,089.00 TOTAL $4,487.04 QUANTITY UNIT PRICE COST 1 LS $2,575.00 $2,575.00 70 CY 9.50 665.00 70 CY 13.50 945.00 35 SY 8.55 299.25 TOTAL $4,484.25