HomeMy Public PortalAboutILA-GC-TRAN-2009INTERLOCAL AGREEMENT
By and Between
The City of Moab (the "City") and Grand County (the "County")
PERTAINING TO THE JOINT FUNDING OF ROADWAY
IMPROVEMENTS TO MILL CREEK DRIVE
RECITALS
WHEREAS, the Interlocal Cooperation Act (Sections 11-13-1 et Seq. Utah Code
Annotated) allows local governmental agencies to enter into agreements that benefit the
constituencies of the agencies entering into said agreements; and
WHEREAS, the City is planning to solicit bids for the construction of several bicycle
and pedestrian access improvements located generally along the Mill Creek Drive
transportation corridor in order to provide a pedestrian and bicycle travel route
connecting Grand Vu Subdivision to the existing Mill Creek Parkway; and
WHEREAS, the route crosses lands within the City's corporate limits, and lands in
unincorporated Grand County and is intended to serve both City and non -City residents
alike; and
WHEREAS, the governing body of Grand County has determined that the proposed
roadway improvements will directly benefit county residents; and
WHEREAS, the City and County intend to share the cost of the proposed public
improvements to the transportation system in the manner set forth in this agreement.
AGREEMENT
1. Definition of Terms.
For the purposes of this Agreement, the following terms shall be interpreted as
having the meanings defined in this paragraph:
a. "the Project" shall mean all of the transportation facility improvements
planned by the City including paved pathway sections, pedestrian bridges,
primitive trail sections, widening and resurfacing of existing roadway to
accommodate bicycle lanes, sidewalk, curb and gutter, signage and
striping, and incidental items associated with these improvements.
b. "Roadway Improvements" shall mean only that portion of the Project that
involves the resurfacing and widening of the existing Mill Creek Drive
roadway and the delineation of new dedicated bicycle lanes with pavement
striping, marking symbols, and signs; together with all items of work such
as mobilization, traffic control, dust suppression, and the like that are
necessary to complete said improvements.
c. "actual cost of construction" shall mean the amount payable by the City,
evidenced by paid invoices, for all labor, equipment, and materials
necessary for the completion of the work
2. Provision of Services
a. The City agrees to construct the Roadway Improvements as defined herein.
The City shall perform said improvements on or before May 30, 2010. Said
improvements shall be constructed in accordance with the final construction
documents for the Project.
b. The County agrees to permit the City to construct the Roadway Improvements
within the existing County road right-of-way.
c. Each party hereto agrees to confer and coordinate with the other party as
needed in providing the services outlined herein.
3. Financial Responsibilities
a. The City agrees to contribute the amount of $71,700 towards the actual cost of
construction of the Roadway Improvements. The funds contributed by the
City will come from multiple sources including State of Utah Trails &
Pathways Grant, Recreation Special Service District Grant, and the City
General Fund.
b. The County agrees to fund the remainder of the actual costs of construction of
the Roadway Improvements, provided that the amount of the County's
contribution shall not exceed $65,000.
c. In the event that the bid price for the Roadway Improvements exceeds the sum
of the amounts set forth in paragraphs (3.a) and (3.b), the City reserves the
right to elect not to award the bid, or to award a bid for a reduced quantity of
work. If the bid is not awarded due to budget constraints, the County agrees to
release the City from its obligations under this Agreement.
d. In the event that the work is completed and the actual cost of construction of
the Roadway Improvements exceeds the amount of funding set forth in
Paragraphs (3.a) and (3.b), the City agrees to accept full responsibility for the
overage amount unless an alternate arrangement is agreed to in writing by
both parties.
e. Payments due by the County under this agreement shall be made within 45
days of receipt of an invoice and substantiating receipts from the City.
4. Administration of Agreement
The parties agree that the City Manager and the County Council Administrator
will administer this agreement.
5. Ownership and Maintenance of the Roadway Improvements
The parties hereby acknowledge that the Roadway Improvements are being made
to an existing County Class B road. Upon completion, the Roadway
Improvements will be an integral part of the existing Class B County road and the
improvements will be owned by the County in the same manner as all roads that
are a part of the County road system. The administration and maintenance of said
road shall be performed by the County, in accordance with policies and
regulations of the County and the State of Utah as pertain to Class B roads. The
subject length of road, extending from the bridge over Mill Creek southward to
Murphy Lane, will remain a County road unless and until a transfer agreement is
approved by the governing bodies of both parties.
6. Effective Date and Duration of Agreement
This agreement shall become effective immediately upon its approval by each
party's governing body and by the execution of the agreement by the appropriate
officials. This agreement shall remain in effect until the satisfaction of the
obligations provided for herein.
SIGNED AND DATED this 13th day of October, 2009.
ATTEST:
Rachel Ellison, City Recorder
GRAND COUNTY COUNCIL
By:
Bob Greenberg, Coun
CITY 91 MOAB, UTAH
By:
David L. Sakrison, Mayor