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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