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Home My Public Portal About2014.05.06 ITD Cooperative Agreement North Fork Payette River BridgeCOOPERATIVE AGREEMENT FOR IMPROVEMENTS AND MAINTENANCE OF THE SH-55 NORTH FORK PAYETTE RIVER BRIDGE ITD Project No. A013(392) This AGREEMENT ("Agreement") is made and entered into this 24 day of April, 2014, by and between the Idaho Transportation Department (hereinafter, "State"), and the City of McCall, an Idaho municipal corporation, (hereinafter, "City") (collectively, the "Parties"). RECITALS WHEREAS, the North Fork Payette River Bridge, Project No. A013(392), on State Highway 55, in McCall, Idaho, at Mile Post 145 (hereinafter, "Project") will utilize the design -build contracting method; and WHEREAS, the City has requested that the State approve the expenditure of transportation funds for the Project; and WHEREAS, the City is committed to protecting the investment of these funds by performing certain maintenance as agreed upon between the Parties; and WHEREAS, authority for this Agreement is established in Section 40-317, Idaho Code, which allows for cooperative agreements between the State and municipalities for the construction of and improvements to bridges and state highways; and NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties do mutually undertake, promise, and agree as follows: I. Appropriation of Funds This Agreement contemplates a) that the State will provide sufficient funds to design and construct improvements included in the Project and specifically detailed in Exhibit A, State Improvements, attached hereto and incorporated herein. II. Responsibilities of State 2.1 State agrees it will pay for improvements for the Project, listed on Exhibit A, in accordance with the Project Request For Proposals. 2.2 State will coordinate with City on aesthetic features and other items that require City approval. Page 1 of 10 ITD Cooperative Agreement North Fork Payette River Bridge April 24, 2014 2.3 State agrees to hold contractors/subcontractors responsible for any and all damages to the improvements resulting from contracted work on the Project. 2.4 State shall provide a sediment and grease trap which meets the specifications provided by the State and attached hereto as Exhibit B. Installation of the sediment and grease trap shall be at the southwest corner of SH-55 and Mather Road. This Project feature is mitigation for the wetland impacts identified as part of the Project action. 2.5 If full closure option is utilized by the design -build firm, State will provide snow removal on Deinhard Lane and Boydston Street during the actual full closure period. If single lane partial closure option is utilized, the State will provide snow removal on SH- 55 per existing procedures. 2.6 State will provide as -constructed plans to the City upon project completion. 2.7 State will coordinate with the City on future installations of pedestal art that meets the specifications provided by the State and attached hereto as Exhibit C, including issuance of a permit. State will allow installation of pedestal art that meets the specifications in Exhibit C. III. Responsibilities of City 3.1 City will coordinate with State on aesthetic features and other items that require City approval. 3.2 Before the Project construction begins, the City shall grant a permanent easement to the State for the right-of-way needed for the Project, shown in Exhibit D which will be transferred from the City to the State under separate agreement. 3.3 City shall grant a temporary construction easement to the State for the purpose of installing electrical and irrigation lines from the structure through Rotary Park to a connection point, the required area is shown in in Exhibit E. 3.4 City shall coordinate with the design -build firm on the installation of the sediment and grease trap, referenced in part 2.4. 3.5 City will allow the use of either single lane partial closures or a full closure. Full closure periods will be restricted to either: 1) September 2, 2014 to December 23, 2014, or 2) February 9, 2015 to May 21, 2015. Single lane partial closure periods will be restricted to: between September 2, 2014 and December 23,2014, between January 2, 2015 and January 28, 2014, and from February 9, 2015 to May 21, 2015; and include Page 2 of 10 ITD Cooperative Agreement North Fork Payette River Bridge April 24, 2014 two full day closures within the full closure periods. Single lane closures will be allowed per Idaho Transportation Department Standard Specifications for Highway Construction and as approved by the Engineer. 3.6 City will be responsible for connecting the electrical and irrigation lines from the terminated ends in Rotary Park to the City's services. IV. General Upon completion of construction of the Project, the existing Maintenance Agreement dated April 12, 1972 shall be reinstated in full force and effect. V. Indemnity Should any part of the improvements within the State retained right-of-way and maintained by the City be damaged or destroyed though the wrongful or negligent act of any third party, the State will make every effort to determine the identity and whereabouts of the responsible party and the State will attempt collection of the costs of the repair or replacement. If the State is able to collect the cost of repair or replacement, it will advance the funds to the City, based on City estimates or repair invoices. Nothing in this Cooperative Agreement shall be construed as limiting or expanding the statutory or regulatory responsibilities of any involved individual in performing functions granted to them by law; or as requiring either entity to expend any sum in excess of its respective appropriation. Each and every provision of this Cooperative Agreement is subject to the laws and regulations of the state of Idaho and of the United States. Nothing in this Cooperative Agreement shall be construed as expanding the liability of either party. In the event of a liability claim, each party shall defend their own interests. Neither party shall be required to provide indemnification of the other party. VI. Term of Agreement This Cooperative Agreement shall remain in force unless formally terminated by either party after thirty (30) days written notice to the other party. VII. General Provisions 6.1 Contact Information: The contact for the Idaho Transportation Department shall be the District Three Engineer Manager at (208)334-8300. The contact for the City of Page 3 of 10 ITD Cooperative Agreement North Fork Payette River Bridge April 24, 2014 McCall shall be Michelle Groenevelt the Community Development Director at 634-5229. 6.2 Termination of Interagency Agreement/Non-appropriation: Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article Vill, Section 3 of the Idaho Constitution. 6.3 Attorney Fees: In the event of any controversy, claim, or action being filed or instituted between the Parties to enforce the terms and conditions of this Agreement, or arising from the breach of any provision hereof, the prevailing Party will be entitled to receive from the other Party all costs, damages, and expenses, including reasonable attorneys' fees including fees incurred by the prevailing party. The prevailing Party will be that Party who was awarded judgment as a result of trial or arbitration. 6.4 Choice of Law: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Idaho. 6.5 Exhibits: All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. 6.6 Entire Agreement: This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the Parties with regard to the transaction contemplated herein, and no Party shall be liable or bound to the other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. 6.7 Acknowledgments and Modifications: No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure there from, shall be effective unless in writing and signed by State and City. 6.8 Headings: The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. 6.9 Counterparts: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same instrument. End of Agreement [Signature page follows.] Page 4 of 10 ITD Cooperative Agreement North Fork Payette River Bridge April 24, 2014 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF McCall (1 ckie Aym y1 ayor, City of McCall Attest: (BessieJ4Waner) City Clerk ITD Cooperative Agreement North Fork Payette River Bridge April 24, 2014 IDAHO TRANSPORTATION DEPARTMENT (Amy Schroeder) District Engineering Manager, District 3 Page 5 of 10 EXHIBIT A State Commitments: 1. Pedestals (four: corners of bridge, two: equally spaced on south side, minimum of two: on north side) will have: a. Electrical outlets b. Pedestrian down lighting with photocell sensor c. Art mounting base (except the two equally spaced pedestals on the south side and possible not all the pedestals on the north side) d. Provision for irrigation system (except the two equally spaced on the south side and possible not all the pedestals on the north side) 2. Viewing platform located on the north side of the structure a. Minimum 8 feet beyond the sidewalk b. Minimum of 50 feet long 3. Decorative railing approved by the City 4. Steel plate armoring on the traffic face of the sidewalk 5. Formliners a. Abutments 6. Color treatment of concrete (stain/dye) a. Abutments b. Outer parapet c. Inner parapet d. Pedestals e. Outside girders (if concrete is used) Page 6 of 10 ITD Cooperative Agreement North Fork Payette River Bridge April 24, 2014 EXHIBIT B Sediment/Grease Trap Specifications: u D am BACK OF SIDEWALK _ N ict UI k ■ V) m � I Fig z Fm F" z < m m,' g X 5. m P m 0 e > q Zhxz -A pp 71 rC~"or,AmtiAZ� C, ;u smog 'I ti "mm nZ_ �3i CD O M U X p D2P• n m r) U; UN060 m Z D CCP> o8-A?;VE M NN" 9 4A M.8 Qvp P'NO t f Aj ooS, N t 4w n� _ Zl S A AWnS Ao"pp y `v gi pPm, z -y to ONN4 ITD Cooperative Agreement North Fork Payette River Bridge April 24, 2014 Page 7 of 10 Pedestal Art Specifications: TACK w I" BOLT • EXHIBIT C PLAN ^' PEDESTAL (4) 1 " P THREADED SLEEVES DR APPRDVED PROPRIETARY EMBED INSERT HOT DIP GAL VANIZED MIN. EDGE DISTANCE PER DESIGN OR MFR. EL E VA TION ' EMBED PER MFR. TACK • FOR THREADED SLEEVE; PROPRIETARY EMBED MAY DIFFER Maximum Allowable weight tor Art worK: SUU LKJ FIG. 1: ART PEDESTAL MOUNTING BASE DETAIL Page 8 of 10 ITD Cooperative Agreement North Fork Payette River Bridge April 24, 2014 EXHIBIT D Permanent Easement from City to ITD: Page 9 of 10 ITD Cooperative Agreement North Fork Payette River Bridge April 24, 2014 FoR,sG,iEN, DESCRIPTION FOR LARDO BRIDGE ROTARY PARK PERMANENT EASEMENT-500 Sq. Ft. A parcel of land being a portion of Lot 7 of Block H of Brundage Subdivision, as filed for record in Book of Plats at Page 6, records of Valley County, Idaho and lying in Section 8, T.18N., R. 3E., B.M. City of McCall, Valley County, Idaho and being more particularly described as follows: Commencing at the Northwest corner of said Section 8, thence South 0'14'33" West 2645.42 feet to the West 1/4 Corner of said Section 8, thence South 89'59'22" East 1607.34 feet along the common line between Government Lots 2 and 3 of said Section 8 to the centerline of Idaho State Highway 55 and W. Lake Street, thence along said centerline South 73'31'09" East 453.64 feet; thence South 73'40'46" East 31.89 feet to the approximate ordinary high water line of the Payette Lake (OHWL); thence North 14'56'S2" East 25.01 feet along said OHWL to the POINT OF BEGINNING: Thence North 600918" East 14.33 feet along sold OHWL; Thence leaving said OHWL, South 73040'46" East 36.73 feet along a line Northeasterly of and parallel to said centerline; Thence South 16'19'14" West 14.10 feet to the Southerly line of said Lot 7; Thence North 73'40'46" West 34.20 feet along said Southerly line to the POINT OF BEGINNING, comprising 0.0115 acres or 500 Square Feet;, more or less. us H44 0 U N egg ='v Z 0 oil ia ®,c oil g t.141 all v _w / a 3�r z� ~�Y a" Ole b ILL� I I I 9 €� .9� 1--milk vd v° — il Oda EXHIBIT E Temporary Construction Easement: Page 10 of 10 ITD Cooperative Agreement North Fork Payette River Bridge April 24, 2014 O Rt O dD m O u O ik\v, e w1loi, N a) U la. 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