HomeMy WebLinkAboutResolution 003-2006 RESOLUTION No.03-06
WHEREAS,the DEPARTMENT OF TRANSPORTATION acting through the South Dakota
Transportation Commission concurs in the proposal with the CITY and BMU for the new construction or
improvement of a street identified as South Dakota, Federal Aid Construction Project No.NH
0014(142)420-PCN 6462, Brookin s�County,hereinafter designated as the PROJECT, extending through
portions of City of Brookings, South Dakota, located and further described as follows.
US 14 from Medarv Avenue to Twenty Second Avenue in Brookings. Gradin�, Storm Sewer,
C&G,PCC Pavin�, Traffic Si agn ls,Lightin�,Pavement Marking,Permanent Signin�and
Purchase 2 Portable Si�nal Tailors.
WHEREAS,BMU desires the STATE to let in combination with PROJECT a water main and sanitary
sewer project number WW0601-PCN X126,US14 from Medary Avenue to Twenty Second Avenue and,
WHEREAS,the Statutes of the State of South Dakota give assent to the provisions of the Safe,
Accountable,Flexible,Efficient Transportation Equity Act and acts amendatory thereof or
supplementary thereto and regulations issued pursuant thereto by the Federal Highway Administration,
Department of Transportation,United States of America,which hereinafter collectively will be
designated as the Act, and charge of the STATE,the CITY and BMU to do all things necessary to fully
carry out the cooperation contemplated and provided for in the Act; and
WHEREAS,the section of the PROJECT within the CITY will be subject to the provisions of the Act,
and is within the legal jurisdiction of the CITY for traffic regulations and the control of building
setbacks,zoning, sidewalks,utilities, etc.;and
WHEREAS,the construction of the PROJECT is conditioned upon the fulfillment of the obligation of
the CITY and BMU in a manner satisfactory to the STATE and the Federal Highway Administrator,or
their authorized representatives:
THEREFORE, BE IT RESOLVED that the City of Brooking duly authorizes the City Manager of the
City of Brooking to sign the Letting, Financial and Maintenance/Encroachment Agreement Among the
City of Brookings, BMLJ, and the State of South Dakota for Federal-Aid Highway Improvement Project
NH 0014(142)420-PCN 6462.
This resolution is effective immediately upon passage.
Adopted this 10�'day of January 2006.
Scott D Munsterman,Mayor
7 City of Brooking
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LETTING, FINANCIAL AND MAINTENANCE/ENCROACHMENT
AGREEMENT AMONG THE CITY OF BROOKINGS,
BMU AND THE STATE OF SOUTH DAKOTA
FOR
FEDERAL-AID HIGHWAY IMPROVEMENT PROJECT
NH 0014(142)420-PCN 6462
This Agreement, effective the �d� day of January, 2006, is entered into between the State
of South Dakota, by and through its Department of Transportation (hereinafter"STATE") and the City
of Brookings, South Dakota(hereinafter"CITY") and Brookings Municipal Utilities, a duly formed
municipal utility under a separate utility board as allowed by SDCL 9-39-6 (hereinafter"�3MU").
WHL+'REAS,the DEPARTMENT OF TRANSPORTATION acting through the � °uth
Dakota Transportation Commission concurs in the proposal with the CITY and BMU for ti �ew
construction or improvement of a street identified as South Dakota, Federal Aid Constructi� 'roject
No._NH 0014(1421420-PCN 6462, Brookin�s Countx, hereinafter designated as the PROJLCT,
extending through portions of Citv of Brookin� South Dakota, located and further described as
follows.
US 14 from Medarv Avenue to Twentv Second Avenue in Brookings. Grading, St �•m Sewer,
C & G,PCC 1'aving,Traffic Si�nals, Lighting, Pavement Marking, Permanent Si� ing and
Purchase 2 Partable Signal Tailors.
WHEREA�, BMU desires the STATE to let in combination with PROJECT a water main and
sanitary sewer project number WW0601-PCN X126, US14 from Medary Avenue to Twenty Second
Avenue and, �
WHEREAS, the Statutes of the State of South Dakota give assent to the provisions of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act and acts amendatory thereof or
supplementary there�o and regulations issued pursuant thereto by the Federal Highway Ac'�ninistration,
Department of Tran�portation,United States of America, which hereinafter collectively v� .'i be
designated as the Act, and charge of the STATE, the CITY and BMU to do all things nect::...iry to fully
carry out the cooperation contemplated and provided for in the Act; and
WHEREAS, the section of the PROJECT within the CITY will be subject to the provisions of
the Act, and is within the legal jurisdiction of the CITY for traffic regulations and the control of
building setbacks, �oning, sidewalks, utilities, etc.; and
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WHEREA�,the construction of the PROJECT is conditioned upon the fulfillment of the
obligation of the C'ITY and BMU in a manner satisfactory to the S"1'ATE and the Federal Highway
Administrator, or ttieir authorized representatives:
NOW THEREFORE, be it agreed for and in consideration of the undertaking of the
PROJECT under tl�e requirements of the Act, with the STATE's approval, that insofar as its legal
jurisdiction over the PROJECT is concerned, the CITY and BMU assent to the requirements of the Act
and pledges its good faith to the carrying out the purposes stipulated in the Act and to this end, the
CITY and BMU hereby agree:
I. LETTING CONDITIONS;
1. The STATE will let BMU water main and sanitary sewer project number WW0601-PCN X126 in
combination with the STATE PROJECT. Bidders will be required to submit a bid on BMU
project WW0601-PCN X126 and STATE PROJECT with award of the contract to the same
bidcier based on the total combination bid for the two projects.
2. The lowest re4�onsible bid on the STATE PROJECT will be the basis for determining State and
Federal Funds participation. In the event the total low combination bid for the BMU Project and
the STATE PROJECT combined does not have as part of that bid the lowest bid on the STATE
PR03ECT, BMU agrees to pay the STATE the difference between the bid awarded on the
combination project and the lowest bid on the STATE PROJECT.
3. The STATE will award and will issue a contract for both the STATE PROJECT and the BMU
Project WW0601-PCN X126; however, the CITY will be the contracting party for BMU Project
Number WW0601-PCN X126 and will make payments to the contractor. BMU's estimated cost
for I3MU Project WW0601-PCN X126 is$830,000. Actual costs will be based upon bids and final
quantities.
4. BMU will pro� <de plans, specifications, and estimates, for its project.
5. BMU will provi��e construction engineering including construction supervision and i�lspection of
the water main a �d sanitary sewer construction project described herein. BMU will ; 'spect the
physical installatiti�n of the water mains and sanitary sewer, including measuring in pla��e quantities
and documenting location for as built records. BMU will conduct all physical testing� 'the water
mains and sanitary sewer for final acceptance.
6. The STATE agees to provide testing of trench backfill and conduct trench compaction testing for
that portion of the BMU project WW0601-PCN X126 under the surface of the highwa:l with a
copy of the comp�ction tests being sent to BMU's Office. The cost to BMU for this se vice is
$5,000.00 (100 tests @$50.00 each).
II. MAINTENANC`;/ENCROACHMENT:
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1. That encroachments on the public right-of-way shall be treated as follows:
A. In outlying commercial areas and through residential areas all encroachments on or
above the right-of-way shall be prohibited.
B. The use of the right-of-way by owners or lessees of abutting property for the storage of
vehicles, placement of portable signs or other private use thereof shall be prohibited.
C. Where the highway passes through established business districts and the buildings are
at the property line and are contiguous or very elosely spaced, encroachments
overhanging the right-of-way will be prohibited except under the following conditions:
a. Awnings, canopies,marquees and similar installations on buildings shall be
permitted to remain in place until such time that they become functionally or
structurally obsolete,providing that the edge of such encroachment be not less three
feet(one meter)back from the face of the curb.
b. Advertising or other similar signs which are less than three feet(one meter)back
from the face of the curb and are supported wholly from the front of the building shall
be permitted to remain in place until such time that tliey become functionally or
structurally obsolete, providing that the bottom of such encroachment be not less than
14.5 feet(four and one half ineters) above the curb etevation.
c. The replacement of obsolete or the installation of new awnings, canopies, marquees,
advertising signs or similar installations supported wholly from the building shall b�
permitted provided that no part of the encroachment is less than three feet(one met�r)
back from the face of the curb and 8 feet(two and one half ineters) above the curb
elevation.
d. In the event the encroachments referred to in(a), (b) and(c) above,by reason of
color or placement, obscure or in any way detracts from the effectiveness of the
highway signs, traffic signals, pedestrian safety, or interferes with the free or safe llow
of the traffic, the city shall cause the removal of such encroachments or take appro��riate
measures to improve highway signs or traffic signals and traffic safety.
e. The provisions of paragraph(C) and subparagraphs (a), (b), (c)and(d) above shall
not apply to isolated business or commercial buildings in outlying areas.
f. In cases where there are encroachments of long standing which will in no way
impair the highway operation or interfere with the free and safe flow of traffic and in
the opinion of the STATE, the immediate removal would impose unreasonable
hardship, the STATE at its discretion may permit the encroachment to reniain for a
specific period. This permission is subject to revocation or extension at tl � STATE's
discretion. Each such encroachment shall be described in the attached Exhibit A.
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2. Ozi Federal Aid Projects, the permitting of such encroachments as described in the previous
p<<ragraph shall be in conformance with 23 CFR 1.23.
3. That BMU will control the location and maintenance of utilities within the right-of-way so as
to not impair the free flow of traffic and provide the maximum safety to the traveling public.
4. That CITY will not designate a speed limit on State Trunk System Projects until after
appropriate engineering and traffic investigation has been made and such speed liinit has been
approved by the STATE.
5. That CITY will prohibit all parking in the traffic lanes constructed under this PROJECT. It
further agrees that it will prohibit double parking and control all parking where and if allow� -.1
in a manner satisfactory to the STATE or their authorized representatives.
The CITY further agrees that where curbs are not installed and are not to be installed under the
proposed imi�rovement, the curbs when proposed to be constructed in the future shall be at a
lateral distance approved by the STATE.
6. That CITY will not allow access to the street/highway at points other than constructed as p��rt
of the PROJECT without prior approval of the STATE or their authorized representatives.
7. That when a sig�ial and/or roadway lighting system is installed on this street CITY will provide
electric power necessaty to operate the signal and/or roadway lighting system and all necessary
maintenance and replacements, in kind, of all parts and apparatus of said system, including
lamps so as to insure the continuing operation of said signals and/or roadway lighting syste�ns
until such time as the parties to this agreement shall agree to discontinue the operation of the
said system. CITY will also be responsible for replacement of poles which may be damaged
due to weather or by vehicle accidents. That if a signal is coordinated through the use of leased
telephone lines, CITY will pay the required hookup fee and monthly rental fees.
CITY further agrees that on the State Trunk System, prior to changing the signal timing from
that origiiially set by the STATE, the City will submit the necessary data and proposed timing
to the South Dakota Department of Transportation for approval.
Upon coinpletion of construction of the PROJECT, the CITY agrees to indemnify and hold the
STATE, its officers, agents and employees harmless from and against any and all suits,
damages, liability or other proceedings that arise as a result of CITY's operation and
maintenance of the lighting and signal systems. This section does not require CITY to be
responsible for or defend against claims or damages arising from errors or omissions of the
STATE, its officers, agents or employees.
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8. That, if plastic pavement marking is applied on this street, CITY will use plastic material
approved by the STATE, to maintain those plastic pavement markings which are the
responsibility of the City.
9. That BMU does acknowledge that the members of its governing board and/or engineering staff
have examined the plans for the Project prepared under the supervision of the STATE referred
to in this Agreement.
10. That the CITY will enact such ordinances as are necessary to properly enforce any of the above
provisions.
11. That the City Manager and the Executive Vice PresidendGeneral Manager of Bn1U are
authorized t�� enter into a mutual agreement with the City Council providing for t(ie
understanditig of this project under the considerations described above.
12. The CITY 1nd BMU agree to indemnify and hold the STATE of South Dakota, its �>fficers,
agents and employees harmless from and against any and all actions, suits, damage . liability or
other proceedings that may arise as a result of CITY's performance under this agre�� cient. This
section does not require CITY to be responsible for or defend against claims or daf �ges
arising from crrors or omissions of the STATE, its officers, agents or employees.
DATED this�day of � ,, , 2006.
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CITY OF B OKINGS
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(S E A L) �
BROOKINGS MUNICIPAL UTILITIES
BY• ^
RAIG S OG
ITS: Executive Vice President d
General Manager
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SOUTH DAKOTA
DEPARTMENT OF TRANSPORTATION
APPROVED AS TO FORM:
Project Development Engineer
Assistant Attorney General
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AGREEMENT BETWEEN THE POLITICAL SUBDIVISION AND THE STATE
FOR
FEDERAL AID HIGHWAY ENCROACHMENTS
' EXHIB�T "A"
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Sta 38+50 Pizza Ranch Sign. The pole is out o�ROW, the sign overhangs into the ROW by
approximately one foot(1'). A permit to occupy Xhe right-of-way will be issued allowing the
pole and sign to remain in place for period of not,7nore than 10 years. The sign does not pose a
safety hazard, is outside of the clear zone and does not cause any sight distance problems. A
Revocable Occupancy Permit will be executed w��th the owner with conditions stating that within
the 10 year period if the sign ever is replaced, up�raded or refurbished for any reason, it will be
removed from the ROW. '
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