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HomeMy Public PortalAbout1972.04.12 Department of Highways Cooperative Agreement for Maintenance of State Highway gEVISED 4-64 COOPERATIVE AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE MUNICIPALITY OF....MCCALL................... THIS AGREEMENT,made and executed in duplicate this.......-. th........day of.....Apr j 72 - ..... .........19........, by and between the State of Idaho Department of Highways, hereinafter called the "State" and the City/Village of.................... ..............McC811........................................................hereinafter referred to as the "City/Village," WITNESSETH : LRECITALS The parties desire to-provide for the maintenance of State Highway routes within the City/Village as provided in Section 40-120 of the Idaho Code, and to arrange herein for the particular maintenance functions to be performed by the City/ Village and those to be performed by the State and to specify the terms and conditions under which such work will be performed. 2. AGREEMENT This agreement shall supersede all previous Cooperative Maintenance Agreements. In consideration of the mutual covenants and premises herein contained,it is agreed: The City/Village will perform such maintenance work as is specifically delegated to it and the State will perform those particular functions of maintenance delegated to it on the State Highway routes or portions thereof all as hereinafter described under Sections 13,17,and 17A hereof or as said sections may be subsequently modified with the written consent of the parties hereto acting by and through their authorized representatives. a. MAINTENANCE DEFINED Maintenance is defined as follows: (a) The preservation and keeping of rights of way and each type of roadway,structure,and facility,in the safe and usable-condition to which it has been improved or constructed, but does not include,reconstruction or other improvement, (b) Provisions as necessary,for the safety and convenience of traffic and the upkeep of traffic control devices. (c) The general utility services such as roadside planting and vegetation control. (dY The special or emergency maintenance or repair necessitated by accidents or by storms or other weather condi- tions, slides, settlements, or other unusual or unexpected damage to a roadway,structure or facility. (e) Upkeep of illumination fixtures on the streets,roads, highways, and bridges which are required for the safety of persons using the said streets, roads, highways, and bridges, 4. DEGREE OF MAINTENANCE The degree and type of maintenance for each highway or portion thereof shall mean doing the work and furnishing the materials and equipment to maintain the highway facility herein described in a manner as near as practicable to the standard in which they were originally constructed and subsequently improved. 5. LEGAL RELATIONS AND RESPONS113ILITIES Nothing in the provisions of this Agreement is intended to affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of State Highways different from the standard of care imposed by law. It is understood and agreed that neither the State, nor any officer, agent, servant, or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City/Village or in connec- tion with any work,authority or jurisdiction delegated to the City/Village under this Agreement for Maintenenee. The City/Village, its officers, agents, servants, or employees, shall not be responsible for any damage or liability arising in connection with work to be performed by the State which is not otherwise delegated to the City/Village. 6. HIGHWAY Highways, as used herein, includes the entire right of way which is secured or reserved for use in the construction and maintenance of the traveled way and roadsides as hereinafter described. 7. ROADWAY Roadway means the area between the inside face of curbs or the area between the flow lines of paved gutters;otherwise, the entire width within the highway which is improved for vehicular use including improved shoulders and berms if .they exist. 8. IMPROVED ROADSIDES Improved roadside is the area between the roadway, as defined under Section 7, and the right of way boundary lines, including curb and sidewalk. Curb relates to a timber, concrete, asphalt, or masonry structure separating or otherwise delineating the roadway from the remainder of the highway and shall include paved gutters. Medians which separate the roadways for traffic in opposite directions are considered a part of the improved roadsides. Sidewalk applies to the(laved or otherwise improved surface area between the face of curb or edge of roadway and right of way boundary,including paved entrances or driveways. 9. UNIMPROVED ROADSIDES Unimproved roadsides relate to the area between the roadway and right of way boundary wherein curbs and sidewalks do not exist. 10. BRIDGES Bridges are structures which span more than twenty feet measured between abutments along the centerline of the street and multiple span structures where the individual spans are in excess of ten feet measured from center to center of sup- ports along the centerline of the street.All other cross drainage structures shall be classified as culverts. 11. TRAFFIC CONTROL DEVICES Traffic .Control Devices include all signs, traffic signals, pavement markings, and highway illumination placed on or adjacent to the street or highway for the regulation, guidance, warning and aid of pedestrian and traffic movement thereon. The City/Village will not maintain, erect, or install any traffic controls or signs within the limits of the City/Village except in comformity with the Manual of Uniform Control Devices for Streets and Highways as adopted by the State. Page 1. 12. FRONTAGE ROADS Frontage roads are roads constructed on either side of the highway to provide authorized road access to adjacent proper- ties in lieu of access directly from the highway. 13. ROUTINE MAINTENANCE .Routine maintenance to be performed on the roadway or roadsides shall consist of such work as patching, spot sealing, crack sealing, snow plowing, snow removal, sanding, care of drainage, upkeep and repair of bridges, culverts,curbs and sidewalks, street sweeping and cleaning, repair of damage and cleaning up after storms and traffic accidents, control of roadside vegetation, care of landscaped areas, trees or other ornamental plantings, and upkeep and operation of traffic control devices, all in the manner as hereinafter specified. (a) Roadway 1, Surface repair—Such as the patching of holes, depressed areas,spot sealing,undersealing, etc. 2. Crack sealing—The cleaning and filling and sealing of cracks in pavement with sealing compounds. 3. Sweeping and Cleaning—The removal of dirt or litter normally coming onto the roadway from action of traffic or from natural causes, such as flood and storm debris. 4. Snow Removal—The removal of snow from the roadway by plowing,sweeping,and hauling and shall include sanding or salt when required. The hauling away of snow need only apply on those highway sections where snow storage is limited or at such times when accumulations become greater than storage area capacity. 5. Utilities—Including manholes, boxes or other appurtenances shall be� maintained by their owners. 6. Storm sewers—Shall be kept clean and free from debris;traps and sumps cleaned as required after each storm. 7. Culverts—Shall be kept clean and free of debris; inlets and outlets shall be kept free of debris and grow- ing grass or brush. (b) Bridges 1. Bridges—Shall be investigated once each year and oftener if considered necessary. In addition to such annual investigation, routine maintenance to be performed shall include monthly inspection of each bridge by qualified personnel and immediate repairs made of all defects. The District Engineer shall be immediately notified of mayor defects. (c) Improved Roadsides 1. Curbs—Shall be kept in repair by cleansing,patching,lifting,and aligning. 2. Sidewalks—Shall be kept in repair by cleaning, patching,lifting, aligning, and regrading if of gravel or other non-cemented material. 3. Lawn or Grass.Areas—Shall be kept mowed,watered,edges trimmed, and the watering operations shall not flood or sprinkle on the roadway. 4. Trees and plantings—Shall be kept trimmed with dead material removed and hazardous limbs pruned.This agreement shall not be construed as restricting,prohibiting or otherwise relieving the City of the responsibility for inspection and upkeep of trees in a manner that will insure maximum safety to both vehicular and pedes- trian traffic or to xestrict or relieve the City/'Village from following the same policy and procedure generally followed by it with respect to streets of the City/Village in the matter of requiring sidewalk repairs and control of vegetation to be made by or at the expense of abutting owners*ho are under legal obligation to perform such work. (d) Unimproved Roadsides 1. Ditching—Foreslopes, backslopes and ditches shall be bladed and ditched regularly as required to keep as near as possible to the original typical cross section. 2. Cleaning—Foreslopes and backslopes shall be mowed as required. Trees and shrubs shall be kept trimmed, dead material removed and hazardous limbs pruned. Waterways shall be kept free of debris. (e) Traffic Control Devices All traffic control devices—Signs, Signals, and Pavement Markings installed and maintained on the urban extensions of the State Highway System shall be in conformance with the recommendations and specifications of the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS as approved by the American Association of State Highway Officials and adopted by the Idaho Department of Highways. The maintenance to be performed on these items shall consist of furnishing all necessary labor, material,services, and equipment to install,replace,operate, and/or repair in accordance with this Agreement. All traffic control devices installed inside the full control of access limits of the Interstate Highway System shall be the responsibility of the Idaho Department of Highways. 1. Route Guide Signing—This includes all official designation guide signs at junctions of the urban extensions of the State Highway System, all entering community signs and all confirming and reassurance U.S. or State Highway route markers and guide arrows along the urban extensions of the State Highway System nec- essary to properly identify and keep the motorist sure of these routes. 2. Other Guide Signs—This includes all other guide signs of an informational nature identifying streets, city parks,landmarks, and items of geographical or cultural interest which the community desires to sign. 3. Warning Signs—These will include all signs used to indicate conditions that are actually or potentially hazardous to users of the highway or street. 4. Speed Signs—These will include all regulatory signs used to indicate prima facie speed limits which have been designated in accordance with statutory provisions. 5. Other Regulatory Signs—These will include all regulatory signs, other than the speed sign, which are used to indicate the required method of traffic movement or use of the public highway or street. 6. Center and Lane-line Markings—These will include those lines dividing the roadway between traffic moving in opposite directions,lane lines separating two or more lanes of traffic moving in the same direction,painted channelization, pavement edge markings and no passing barrier lines where required. 7. Other Pavement Markings—These include all stop lines, crosswalk lines, parking space limits and word and symbol marking set into or applied upon the pavement surface or curbing or objects within or adjacent to the roadway for the purpose of regulating or warning traffic. 8. Traffic Signals—This will include any power operated traffic control device by which traffic is warned or is directed to take some specific action. All traffic signals shall be of standard approved design and shall be installed, operated and maintained in accordance with the warrants and policies set forth in the Manual on Uniform 'Traffic Control Devices for D....., 1) Streets and Highways as adopted by the State. Warrants must be met before installation can be allowed. Maintenance shall include upkeep of supports, as well as all other items which are an integral part of the installation, electrical energy costs, cleaning, lamp renewal, and other associated material and costs required to maintain the traffic signal in standard operation in conformance with the warrants justifying its existence. Traffic signal replacement parts are furnished by the State at intersections jointly installed by the City/Vil- lage and the State. 9. Highway Lighting—This includes all fixed illumination of the roadway or sidewalk for purposes of providing better visibility of-persons, vehicles or roadway features. All highway lighting shall be installed and main- tained in accordance with current policies of the State. Maintenance shall include all upkeep of supports, interconnecting service, electrical energy costs, cleaning, lamp renewal, and associated labor and material costs required to maintain the lighting system in continuous nighttime operation. 14. ENCROACHMENT PERMITS When authority to issue Encroachment Permits is delegated to the City/Village,the authority shall pertain to all parts of the highway or street throughout the particular length indicated under Section 17 and/or 17-A of the Agreement. Authority to issue encroachment permits shall not be assigned to a City/Village unless they have adequate ordinances governing the encroachments together with an administrative organization and procedure capable of enforcing the ordinances. Permits shall be issued on a form provided by the State, and the City/Village will furnish a copy of each permit to the State. The City/Village agrees to follow current policies of the State regarding encroachment unless the City/Village by ordinance or other regulation imposes more restrictive regulations as stated below. Prior approval of the State shall be secured before any permit is issued for the original installation of any utility line,driveway or other permanent encroach- ment within the highway right of way. If the City/Village by ordinance or other regulation imposes more restrictive regulations and requirements regarding signs, marquees and/or driveways than above set forth or as provided in current State policies, nothing in these provi- sions shall be construed to prevent the City/Village from enforcing such restrictive regulations in the granting or refusing of permits with respect to any State highway. Where authority to issue permits is delegated to the State, all local ordi- nances which are more restrictive than State policy will be observed. When authority to issue Encroachment Permits is delegated to the State,approval of the City/Village will be secured prior to the issuance of a permit.Permit forms of the State will be used and a copy will be forwarded to the City/Village for its record. The City/Village or State shall comply with its usual policy with respect to collecting costs from permittees in such cases as fees or charges are made by the City/Village or State for similar work on streets or highways. No signs, billboards, or structures other than those authorized and installed by the Department of Highways or the City/Village as necessary for the regulating, warning, and guiding of traffic shall be permitted within or to overhang the right of way of any'State Highway, except in accordance with these provisions. Signs or marquees extending over the sidewalk and right of way may be installed on a pern:)ft basis in business districts only, subject to the following restrictions: No sign or marquee shall be permitted to project over the roadway nor to extend beyond a vertical line located eighteen inches outside the inside face of the curb. Signs extending over the sidewalk area shall have no part thereof less than twelve feet above sidewalk or ground level. Marquee's extending over the sidewalk area shall have no part thereof less than eight feet above sidewalk or ground level. Displays or signs overhanging the right of way may by authorized on a permit basis only outside of business districts when the display is placed flat against and supported by the building and providing it does not extend more than twelve inches into the right of way. All signs and marquees shall conform to the City/Village Building and/or Sign Code excepting that minimum clearance requirements as herein specified must be complied with.They shall at all times be maintained in a good appearing and structurally safe condition. Any existing sign or marquee suspended or projected over any portion of State Highway right of way which constitutes a hazard shall be immediately repaired or removed. Signs or displays will not be permitted which resemble,hide, or because of their color,interfere with the effectiveness of traffic signals and other control devices. Illuminated signs or displays containing red, yellow, or green lights will not be permitted to overhang the right of way. Temporary municipal decorations may be installed and suspended over the highway on a permit basis only. They will not be permitted in locations that interfere with the visibility and effectiveness of traffic control devices. 1�. TRANSPORTATION PERMITS Transportation permits will be required for all vehicles and their loads which exceed legal limitations. Where authority to issue transportation permits is delegated to the City/Village, such authority shall pertain only to travel that origi- nates and terminates within the corporate limits. 16, ROUTE DESCRIPTION Route No. Milepost Length Miles Description of Routing 1. SH 55 1 4 - l 1.04 From 50. city limits via 3rd St. /� 4.2,9M to Lenora St. 2. SH 55 19958 - .V)9-rw 0.21 From Lenora St. to the inter- F1,81M section of Lake St. and 1st St. 3. SH 55 qln7w- 102_rfi- 3.01 From 1st St. by way of Lake St. to the West City Limits. M.P. 202.90 Pao.e d! 17. DELEGATION OF MAINTENANCE The maintenance work to be performed by the City/Village or State shall conform to the provisions hereof and shall include those operations as hereinafter indicated. MAINTENANCE FUNCTION AGENCY TO PERFORM WORK Route No. Route No. Route No. Route No. Route No. Roadway #1 #2 #3 1. Surface repair .........311-1...... .............5------- -----------s......... 2. Crack sealing ............3.......... .............a........ .........._.S.......... ........................ ............. 3. Sweeping and cleaning ............ .. ...... .............0.......- ----------..S.......... ........................ -_..._.......... ...._ 4. Snow removal ............S._I�..... .............C_....... ....._......5#.._.. 5. Utilities ..-----C.......... .............G........ C....... 6. Culverts ...........S.......... f;.-..._._ 7. Storm sewers .......C.......... .............0 ....._ �..,._._.. Bridges 1. Main Structure -- -_....5.___..__. ........ .......... ...................... ---•--------- 2. Pedestrian Walks ._........0.......... ....... �..... � Improved Roadsides 1. Curbs G.. ...... .............C......... .--.....---,C---------- ------ ........... ..................... .._ 2. Sidewalk ...........C - G..... C......_... 3. Lawn or grass areas .......... .............C-1-1-1. --------C--- ....... 4. Trees and planting ..........0.......... .............G........ .........C.......... 5. Medians ...........C.......... {'. ..._. C Unimproved Roadsides 1. Ditching -----------S.......... -----C......... $.......... ........ 2. Cleaning -----------S.......... ............C......... ------ :..--- ------.--- .. 3. Weed eradication ...........S........... ............C___-----• Traffic Control Devices 1. Route Guide Signs .............._..._.... .S.. ...........5_...._.... 2. Other Guide Signs ............- . C 3. Warning Signs __..C___........ ......... ..........._.. ........................ ..................... 4. Speed signs ........... ........... ............�'.,......... •-.........S - ... ..... --••-------------_,_.._ 5. Other regulatory signs ..........C---.......- •...........C--------- C._ 6. Center and Lane-line Markings ..........S--•........ ............ ......... ------..---S.......... ............... ...... 7. Other Pavement Markings ----------C........... ............ ... _..........C.......... 8. Traffic Signals ........... ........... ............ ......... ...........Q_......._. 9. Highway lighting ._........0........... ......... C........_ ...........C........... S Issue Permits Encroachments ..........,Se----------- ....---•-••-$---•...__ $_......._.. Issue Permits Transportation ..........S........... s......... ....... S---._...... ...-._.. _..... S = State C = city The City shall prohibit parking along Route between the hours of 1:00 A.M. and 6:00 A.M. During the snow season to facilitate snow removal. PA GAA 17-A DELEGATION OF MAINTENANCE---FRONTAGE ROADS The maintenance work to be performed by the City/Village or State shall conform to the provisions hereof and shall include those operations as hereinafter indicated: MAINTENANCE FUNCTION AGENCY TO PERFORM WORK Route No. Route No. Route No. Route No. Route No. Roadway 1. Surface repair .........................: 2. Crack sealing 3. Sweeping and cleaning ...................I.... ........................ 4. Snow removal ________________________ 5. Utilities ........................ 6. Culverts I....................... 7. Storm sewers ........................ Bridges 1. Main Structure ........................ ...........,.......... ......................... 2. Pedestrian Walks ...................... Improved Roadsides 1. Curbs ........................ 2. Sidewalk ------------------------ 3. Lawn or grass areas ........................ ...... ...... 4. Trees and planting - ......---•............. ...................... ­­-................ 5. Medians ......:........... ...... Unimproved Roadsides 1. Ditching ---I.................... ..........:............. ........................ ....I................... -----,........_.. 2. Cleaning ....................... 3. Weed eradication Traffic Control Devices 1. Route Guide Signs ........................ --------------.......... 2. Other Guide Signs •...................... ....................... ........................ ........................ 3. Warning Signs 4. Speed signs .............. 6. Other regulatory signs ______________________ 6. Center and Lane-line Markings ........................ ---•-------------------- --- ------•- ........................ .............................. 7. Other Pavement Markings ....................... .................. ................... ........................ ........................ 8. Traffic Signals ........................ 9.'Highway lighting .....---:............... ....................... Issue Permits Encroachments ........................ Issue Permits Transportation -----------------.._.... 18. DELEGATION OF COSTS All agencies shall bear all costs of maintenance.obligations assigned to them under this agreement. 19. SUB$EQUENT IMPROVEMENTS When a highway section or portion thereof is improved to urban standards, i.e., with curbs, sidewalks, etc., the delega- tion of maintenance shall'automatically change to conform to the provisions as provided for similar sections under this agreement. 20. TERM OF AGREEMENT This.agreement shall becorne effective........................................ and shall remain in full force and effect until]amended or terminated. The Agreement as above may be amended upon the mutual consent of the parties thereto. The Agreement as above may be terminated at any time upon thirty days written notice by either party thereof to the other. IN WITNESS WHEREOF,the parties have set their hands and seals the day and year first above.written. Approval Recommended: CITY D--------istr------- -- ..... ...__... ---------------------------------------------- By.._....... . ... :. ict Engineer ayor --------------- .... ........*. . ........... ...........------------------ ------------------------ V h. Maintenance E neer City Clerk VILLAGEOF.........'--------------------------------------------------- -- -------- -- ---._....._'................................................•--'---• Trustee ........................'-•----._............. ...........------...... Trustee .................._._....... -----...._. Trustee STATE OF IDAHO Attest: I?EPARTMENT OF HIGHWAYS I , By............................._..... E .... Secretary St a Highway ngineer PavnY_ YdY �.. , 4 m ox _ 4 ,D N a rem. El 111! Ilk-