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Mou/Moa - 1978 - ITD STA-3321 (511) State Street (SH 44) And Eagle Road (SH 69) - Cooperative Traffic Signal Agrt - 1/24/1978 STATE OF IDAHO Idaho Transportation Department, Division of Highways Cooperative Traffic Signal Agreement Project STS-3321(511) State Street (SH 44) and Eagle Road (SH 69) Eagle, Ada County Highway District THAT THIS AGREEMENT, made and entered into this of ~....~~ Department, D V1Slon of Highways, Party of the First Part, hereinafter called d(~a , day , 19 1!, by and between the Idaho Transportati on the "State", the Ada County Highway District, acting by and through its commissioners, Party of the Second Part hereinafter called the "Highway District," and the City of Eagle, acting by and through its Mayor and Council. Party of the Third Part, hereinafter called the "City." WITNESSETH: WHEREAS, in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways, as adopted by the State, warrants and vehi- cular safety considerations exist to justify the installation of a traffic signal on an urban extension of the State Highway System within the City of Eagle at the intersection of State Street (SH 44) and Eagle Road (SH 69), and; WHEREAS, the traffic signal installation will be installed in conform- ance with State Highway Project STS-3321(511) and in conjunction with the plans listed as Exhibit "A" Part "A" and "B" attached to and made a part of this agree- ment, and; WHEREAS, authority for this agreement is established by Section 40-120 of the Idaho Code, and; WHEREAS, a Cooperative Traffic Signal Agreement was negotiated on Sept- ember 13, 1977 covering the Traffic Signal installation at the above intersection, and; WHEREAS, the parties are agreeable to assuming portions of the costs and obligations of the installation as hereinafter set forth, ~n~~.~.. ;.-: :-'._:1,.'.' ,.', f '~~.'__,'~. . Regmtcr 1)'" 1{, ()(~ NOW THEREFORE, in consideration of the several promises to be faith- fully performed by each party as hereinafter set forth, the parties do hereby mutually agree as follows: SECTION I - THAT THE STATE WILL: 1. Assume its share of the project cost as prorated on the basis of the number of approaches on the State Highway System in accordance with Exhibit "B." 2. Initiate a construction project for the construction of the roadway portion of the project in accordance with the attached plans entitled Exhibit "A," Part "A". 3. Furnish all traffic signal and illumination material for instal- lation by the Highway District in accordance with the attached plans entitled Exhibit "A", Part "B". 4. Retain ownership of all existing Flashing Beacon equipment to be removed. 5. Upon request by the Highway District, and at no cost to the Highway District, furnish replacement parts, except lamps, necessary to maintain standard operation of all equipment listed in this agreement. (Replacement parts shall consist of individual parts rather than the equipment as a unit). 6. Upon request of the Highway District and at the Highway District expense, perform the necessary maintenance to provide standard operation of the traffic signal equipment. SECTION II - THAT THE HIGHWAY DISTRICT: 1. Hereby approves the aforementioned plans. 2. Will pay to the State, immediately following execution of this Agreement. the amount of $7.000.00, which is the Highway District1s share of the project in accordance with Exhibit "B". 3. Will furnish labor and equipment to install all traffic signal and illumination material furnished by the State in accordance with the attached pl ans entitl ed Exhi bi t II A", Part "B". 4. Upon written notification by the State of the project completion, agrees to assume all operation and maintenance responsibilities and the cost thereof except as provided in Section I, Item 5, and will be required to maintain the traffic signal equipment as installed, in continuous operation in conformance with warrants justifying its existence and the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, as adopted by the State. However, if at any time the Highway District fails to maintain the installation in conformance with the above requirements, the necessary main- tenance will be done by the State. The Highway District agrees to reimburse the State for all costs so incurred. 5. Agrees to hold harmless the State against suits, actions or claims of any character, brought because of injury or damages sustained or received by any person, persons, or property, resulting from or allegedly resulting from, failure of the Highway District to maintain the installation in conformance with the requirements of this agreement. SECTION III - THAT THE CITY: 1. Hereby approves the aforementioned plans. 2. Will, by appropriate ordinance and police action prohibit the park- ing of motor vehicles at the locations shown on the plans. SECTION IV - ALL PARTIES HERETO MUTUALLY AGREE THAT: 1. The previously negotiated cooperative traffic signal agreement dated September 13, 1977 at the above named intersection shall become null and void. 2. The traffic signal equipment will not be altered or abandoned with- out prior concurrence of all parties. 3. The traffic signal equipment in service at the time a major signal modification is necessary or the signal is abandoned will be divided between the State and the Highway District. These parties will receive equipment equal to approximately 50 percent of the value based on the salvage value at the time of salvage. 4. 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. IN WITNESS WHEREOF, the Parties have caused these presents to be executed, the Par~y of the First Part by its State Highway Administrator attested to by its Secretary and the Seal of the Idaho Transportation Department affixed thereto, the Party of the Second Part by its Commissioners, attested to by the Secretary and the Seal of the Highway District affixed thereto, and the Party of the Third Part by the Mayor, attested to by the City Clerk and the Seal of the City affixed thereto. ATTEST: ~&~ See ,.tary /_ -- ,./ APPROV AS ORM: Attorney STATE OF IDAHO, acting by and through the IDAHO TRANSPORTATION BOARD ~i!~1n~r Deputy Attorney General TransportaA~~ COUNTY HIGHWAY DISTRICT Party of the First Part (SEAL),() ~ ) t ',-- ~~-.... ..l. Secretary ~~1. Chai~ an Party of the Second Part CITY OF EAGLE (SEAL) ~~/j, Cb ~ AL/ " EXHIBIT "B" Project STS-3321(511) State Street (SH 44) and Eagle Road (SH 69) Eagle, Ada County Highway District DISTRIBUTION OF COST Total Estimated Cost of Project Part "A" Work By Contract Total Part "A" (Including E & C and P.E.) State Share @ 75% Highway District Share @ 25% Part "B" Work By State and Highway District Total Part "B" (Including E & C and P.E.) State Share @ 75% Highway District Share @ 25% HIGHWAY DISTRICT COST Highway District Share (Part "A" and "8") Allowance for Labor and Equipment Furnished Payment from Highway District to State $ 56 , 100 . 00 24,634.00 18,475.50 6,158.50 31,466.00 23,599.50 7,866.50 14,025.00 7,025.00 7,000.00 STATE OF IDAHO Idaho Transportation Department. Division of Highways Cooperative Traffic Signal Agreement Addendum No. 1 Project STS-3321(511) State Street (SH 44) and Eagle Road (SH 69) Eagle, Ada County Highway District /7rk- THAT THIS AGREEMENT ADDENDUM, made and entered into this _ day of ~, 19~. by and between the Idaho Transportation Depart- ment, Division of Highways, Party of the First Part, hereinafter called the "State", the Ada County Highway District, acting by and through its Commissioners, Party of the Second Part hereinafter called the "Highway District," and the City of Eagle, acting by and through its Mayor and Council, Party of the Third Part, hereinafter called the "City." WITNESSETH: WHEREAS. a Cooperative Traffic Signal Agreement was negotiated on January 24, 1978 covering the Traffic Signal Project at the above intersection, and; WHEREAS, because of mutually advantageous changes in furnished equipment, it is necessary to modify the existing Cooperative Traffic Signal Agreement for the purpose of assigning responsibilities to each of the parties for performance of the various items of work, materials, and cost of construction and maintenance of the proposed project. WHEREAS, the parties are agreeable to assuming portions of the costs and obligations of the project as hereinafter set forth, and; NOW THEREFORE, in consideration of the several promises to be faith- fully performed by each party as hereinafter set forth, the parties do hereby mutually agree as follows: ~ \'.~' :~:~-r~tf:'~'JL r.a~;~kr 1i~,_ 7; tJ91 __ Page 2 SECTION I - THAT THE STATE WILL: 1. Assume its share of the project cost as prorated on the basis of the number of intersection approaches on the State Highway System. 2. Furnish all traffic signal and illumination material for instal- lation by the Highway District in accordance with the plans entitled Exhibit II A" , Part "8", attached to the original agreement, except signal control equipment as listed in Section II, Item 2. 3. Upon request by the Highway District, and at no cost to the Highway District, furnish replacement parts, except lamps and Highway District furnished signal control equipment as listed in Section II, Item 2, deemed necessary to "maintain standard operation of the traffic signal. (Replacement parts shall consist of individual parts rather than the equipment as a unit.) 4. Upon request of the Highway District and at the Highway District expense, perform the necessary maintenance to provide standard operation of the traffic signal equipment. 5. Maintain a complete cost accounting record of all project associated cost including E & C and P. E. for the project. SECTION II - THAT THE HIGHWAY DISTRICT: 1. Assume its share of the project cost as prorated on the basis of the number of intersection approaches off the State Highway System. 2. Furnish and install a signal. controller, cabinet and associated accessories for a complete traffic signal control assembly. 3. Maintain a complete cost accounting record of all project associated cost for the project. SECTION IV - ALL PARTIES HERETO MUTUALLY AGREE THAT: 1. The traffic signal equipment in service at the time a major signal modification is necessary or the signal is abandoned will be divided between the Page 3 State and the Highway District. The State will receive equipment equal to 75% and the Highway District will receive equipment equal to 25% of the value based on the salvage value at the time of salvage. 2. The Highway District shall defer their payment to the State as was required in Section II, Item 2 of the original Agreement. 3. Upon completion of the project, after all costs have been accumulated and the final audit accomplished, the actual cost of the project w{ll be divided between the State and the Highway District on the prorated basis of 75% State and 25% Highway District and further, the State or the Highway District will remit to the other any money which may be due. 4. All other items of the original Agreement dated January 24, 1978, shall remain in force. 5. This Agreement Addendum 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. Page 4 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 its Secretary and the Seal of the Idaho Transportation Department affixed thereto, the Party of the Second Part by its Commissioners, attested to by the Secretary and the Seal of the Highway District affixed thereto, and the Party of the Third Part by the Mayor, attested to by the City Clerk and the Seal of the City affixed thereto. ATTEST: see'?'l/!. - /':; . // ~ ~- /' / ,<"./ /' ;.' "'--~.' / / //~ '/l(r~L-c.-c-- At~y Deputy Attorney General Party of the TransportatiorJ\DA COUNTY HIGHWAY DISTRICT STATE OF IDAHO, acting by and through the IDAHO TRANSPORTATION BOARD ~)! ~4./:t: First Part (SEAL) Secretary Chair an ' . . (1 _ ~ /: ~:?t/ 2 .1L ~. i'A-,~_/,~-~-~:--:~ CO~~ Co~issione Party of the Second Part CITY OF EAGLE a; . /'ljLQ.0(k~~~/ er ~7 ) -$~ Part