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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