HomeMy WebLinkAbout1994-005 Traffic Signal Yellowstone/Breneman CITY OF CHUBBUCK
RESOLUTION NO. 5-94
WHEREAS, the Idaho Transportation Department, hereinafter
called the State, has submitted a Cooperative Agreement stating
obligations of the State and the City of Chubbuck, hereinafter
called the City; and WalMart Stores, Inc., hereinafter called
WalMart; for the construction and maintenance of a traffic signal
at the intersection of Yellowstone Avenue (U.S. 91) and Breneman
Road wi_thin the corporate limits of the City; 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
WHEREAS, Wa]Mart is fully responsible for it share of project
costs;
NOW, THEREFORE, BE IT RESOLVED:
1. That the Cooperative Agreement for the traffic signal at
Yellowstone Avenue and Breneman Road 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 State.
CERTIFICATION
I hereby certify that the above is a true copy of a Resolution
passed at a regular meeting of the City Council, City of Chubbuck,
Idaho held on MARCH 22, , 1994.
PASSED AND APPROVED BY THE MAYOR AND
~~ ~ ~~ COUNCILOF THE CITY 0F CHUBBUCK, THIS
THIS, 22ND. DAY OF MARCH, 1994.
City Clerk
John O. Cta t, Mayor
etc321res.itd Ron C~Conlin, City Cleric
LOCALROADS
COOPERATIVE AGREEMENT
(TRAFFIC CONTROL/SIGNAL) R~i~®r# ~-~--~D ....
YELLOWSTONE AVE. (US 91) AND BRENEMAN ROAD
CHUBBUCK, IDAHO
This Agreement is made and entered into this 7/~ day of
r.'/1994 and between the Idaho
by
Transportation
,
Department ("State"), and the City of Chubbuck, Idaho ("City") and
Wal-Mart Stores, Inc. ("Developer" or "Wal-Mart").
WHEREAS, Wal-Mart is the developer of a department store
located adjacent to the Yellowstone Avenue and Breneman Road
intersection ("Intersection") in the City of Chubbuck, Idaho;
WHEREAS, Yellowstone Avenue is on U.S. Highway 91 ("U.S. 91"),
and is, therefore, a part of the State Highway System;
WHEREAS, it is contemplated by the parties that in the near
future the volume of traffic at the Intersection will warrant the
construction and operation of a traffic signal, and related street
improvements, to regulate traffic at the Intersection for the
purpose of affording safety for public travel through the area and
increased convenience;
WHEREAS, a traffic signal and improvements will benefit and
serve businesses located near the Intersection, within the City of
Chubbuck, including Wal-Mart and the Pine Ridge Mall ("Benefit
Area") by improving access to such businesses and increasing
traffic safety for business customers;
WHEREAS, the City is authorized to enter into this agreement
pursuant to Idaho Code Section 50-301 and Chubbuck City Ordinance
17.16.045, 17.16.020, 17.16.040 and 17.16.050;
WHEREAS, the State is authorized to enter into this agreement
pursuant to Idaho Code Section 40-317;
WHEREAS, the parties desire to construct a traffic signal and
to equitably allocate the costs of designing, constructing and
installing the traffic signal;
NOW, THEREFORE, in consideration of the mutual covenants
contained herein and for other good and valuable consideration the
parties hereby agree as follows:
Section I: Definition of Terms.
1. Siqnal. Where used in this Agreement, the term "traffic
signal" or "signal" shall mean the complete signal installation,
including poles, signal heads, controller, interconnect circuit to
other adjacent signals, and any other items required to complete
the installation.
Page 1 of 5
2. Specifications. Where used in this Agreement, the term
"specifications" or "state specifications" shall mean the State of
Idaho Transportation Department, Division of Highways Standard
Specifications for Highway Construction, Edition of 1990 and
current standard supplements.
Section II. The State Will:
1. Not guarantee that funds are available now or in the
future for the performance of its responsibilities under this
agreement.
2. Issue Form DH-2109 "Application and Permit to Use Right-
of-Way, Approaches and Other," and issue any additional permits or
authorizations required to allow the Developer and the Developer's
selected contractor to perform work within the rights-of-way of
U.S. 91 in connection with the approaches ~^stations 158+51.16
and 155+32.37. ~
3. Review and approve the design and construction plans and
specifications for the traffic signal installation to be prepared
and submitted by the Developer's contractor.
4. Provide the necessary inspection and testing of the
traffic signal.
5. Assume ownership of the controller and cabinet for the
traffic signal to be installed and assume all necessary maintenance
responsibilities and costs thereof, except as provided in Section
III, that will be required to keep the traffic signal, as
installed, in continuous operation in conformance with the
requirements of the Manual on Uniform Traffic Control Devices for
Streets and Hiqhways, as adopted by the State.
6. Train representatives designated by the City in emergency
procedures related to signal shutdown or partial operation due to
power failure, accidents, or equipment malfunction (including the
replacement of lamps).
7. Upon completion of construction and annually thereafter,
perform a complete check of the traffic signal equipment and
operation; replace all signal lamps on a scheduled basis; furnish
the City with signal lamps for emergency replacement; and respond
promptly to notification from the City that a traffic signal
related emergency exists. Response will normally be the next
working day.
8. Indemnify, save harmless and defend regardless of outcome
the Developer, the Developer's contractor, and the City 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 State in the maintenance of
the work or other performance under this Agreement.
Page 2 of 5
9. Share the cost of all future improvements to the traffic
signal with the City on a fifty/fifty (50/50) basis.
Section III. City will:
1. Review and approve the traffic signal plans and details
to be submitted by the Developer for design, construction and
installation of a traffic signal at the intersection.
2. Upon request to energize, assume all energy costs
required to operate the traffic signal and monitor its operation,
replacing signal lamps as necessary with those furnished by the
State, and perform emergency measures as necessary, including
prompt notification to the State of any equipment malfunction or
required maintenance.
3. Assume ownership of the traffic signal to be installed
with the exception of the controller and cabinet which are to be
retained by the State as described in Section II, paragraph 5.
4. If necessary, grant permission and authority to the
Developer and the Developer's contractor to use any City rights-of-
way in order that construction of the traffic signal may proceed.
5. Provide periodic inspection of the Developer's
construction of the traffic signal. The traffic signal loops shall
be inspected by the State.
6. Obtain concurrence of the State, before using the traffic
signal poles or mast arms for any purpose other than to support
traffic control devices or luminaires.
7. Upon completion of the traffic signal installation
project, accept from the Developer, ownership of all highway and
street lighting equipment to be installed in accordance with
project plans and upon request to energize, assume all operation,
and the costs thereof, required to maintain the equipment in
continuous service during the hours of darkness and not remove,
alter or abandon he lighting equipment without the prior
concurrence of the State. In the event that the "Average
Maintained Foot-Candles" of the lighting system drops below seventy
(70) percent of the original installed values, Chubbuck 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 intensity.
8. Indemnify, save harmless and defend regardless of outcome
the Developer, the Developer's contractor and the State from
expenses of and against suits, actions, claims or losses of every
kind, nature an description, including costs, expenses and attorney
fees that may be incurred by any reason of any act or omission,
neglect or misconduct of the City in the maintenance of the traffic
signal or other performance under this Agreement.
Page 3 of 5
9. Share the cost of all future improvements to the traffic
signal with the State on a fifty/fifty (50/50) basis.
10. Obtain from the Pine Ridge Mall Company, its successors
and/or assigns, a roadway right-of-way easement to use 100 feet by
60 feet of roadway right-of-way property located southwest of the
Intersection adjacent to the Pine Ridge Mall subdivision for the
purpose of facilitating signal loop construction and maintenance,
and future traffic signal maintenance and improvements.
Section IV. The Developer will:
1. Design and construct the traffic signal in accordance
with State specifications and Title 16 of City Code. The Developer
will also design and construct any necessary additional road
pavement, curb and gutter work. An engineer licensed to practice
in the State of Idaho responsible for designing and overseeing
construction of the traffic signal and related road improvements
shall be selected by the Developer. Design drawings and detailed
specifications necessary for construction of the traffic signal and
road improvements shall be submitted to the State and the City for
approval.
2. The developer shall pay all costs of design and
construction of the traffic signal and related street improvements.
3. Transfer ownership of the signal to the City or State as
set forth in Sections II and III upon completion of the project and
written acceptance by the City and the State.
4. Indemnify the State and City and hold them harmless
against any and all suits, actions, claims or losses of every kind,
nature and description, including costs, expenses and attorneys'
fees that may be incurred by reason of any act or omission, neglect
or misconduct of the Developer in construction and maintenance of
the signal or other performance under this Agreement.
Section V. Developer's Dedication of Riqht-of-Wa¥ Easement
The Developer, its successors and/or assigns, hereby dedicates
to the City a permanent easement right to use 100 feet by 60 feet
of roadway right-of-way property located southeast of the
Intersection adjacent to the Wal-Mart store for the purpose of
facilitating signal loop construction and maintenance, and future
traffic signal maintenance and improvements. In connection with
this dedication, the Developer shall furnish to the City and State
a true copy of a recorded plat identifying the dedicated right-of-
way. The dedicated property shall be labeled on the plat as
"dedicated" and described by identifying the location of the
property by section, township, and range, of tract as required by
Chubbuck City Ordinance 17.12.310. The recorded plat shall be
attached as Exhibit "A" and be made part of this agreement Pursuant
to Chubbuck City Ordinance 17.12.310, all areas labeled as
"dedicated" on the plat are hereby conveyed to the City for the
benefit of the public in perpetuity for the purpose of facilitating
signal loop
Page 4 of 5
construction and maintenance, and future traffic signal maintenance
and improvements. Pursuant to Chubbuck City Ordinance 17.12.310,
the public may have access to such areas, subject to municipal
regulation; improvements to the dedicated right-of-way are hereby
similarly dedicated; and responsibility to maintain the right-of-
way easement shall pass to the City when the dedication has been
accepted. Pursuant to 17.12.250,
A final plat shall constitute an offer of any dedicated lands,
streets, utilities, pedestrian ways, parks or recreation areas
depicted therein. However, approval of the final plat shall
not constitute the City's acceptance of the offer. Such
acceptance shall become effective only upon the execution by
the Mayor of a separate instrument for that purpose, after the
council has found that all structures and improvements
relating to the dedicated lands, streets or utilities have
been completed and have been approved upon inspection by the
City.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement, the day and year first above written.
IDAHO TRANSPORTATION DEPARTMENT
APPROVED BY:
St~ Hi~y Administrator
APPROVED AS TO FORM: RECOMMENDED:
"-~TD Legal s Engin
ATTEST:
Ron C. Conlin
/ Mayor
WAL-MART STORES, INC.
etc321res.sgl Page 5 of 5
CITY OF CHUBBUCK
RESOLUTION NO. 5-94
WHEREAS, the Idaho Transportation Department, hereinafter
called the State, has submitted a Cooperative Agreement stating
obligations of the State and the City of Chubbuck, hereinafter
called the City; and WalMart Stores, Inc., hereinafter called
WalMart; for the construction and maintenance of a traffic signal
at the intersection of Yellowstone Avenue (U.S. 91) and Breneman
Road within the corporate limits of the City; and
W~EREAS, 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
WHEREAS, WalMart is fully responsible for i~share of project
costs;
NOW, THEREFORE, BE IT RESOLVED:
1. That the Cooperative Agreement for the traffic signal at
Yellowstone Avenue and Breneman Road 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 State.
CERTIFICATION
I hereby certify that the above is a true copy of a Resolution
passed at a regular meeting of the City Council, City of Chubbuck,
Idaho held on MARCH 22, , 1994.
PASSED AND APPROVED BY THE MAYOR AND
~~7 ~ ~;~~ COUNCII,OF THE CITY OF CHUBBUCK, THIS
THIS, 22ND. DAY OF MARCH, 1994.
City Clerk ~
John O. Cta t, Mayor
etclllres.it~ Ron C..Conlin, City Clerk