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PARTIES COOPERATIVE AGREEMENT PROJECT NO. A008(835) US95; A STREET TO RODEO DRIVE, MOSCOW LATAH COUNTY KEY NO. 08835 ;n;ps AGREEMENT 1s made and entered into this 9 · day of ' ' by and between the IDAHO TRANSPORTATION DEPARTMENT, eafter called the STATE, and the CITY OF MOSCOW, hereafter called the CITY. PURPOSE The STATE has scheduled a project to improve a portion of US-95 within the CITY limits of Moscow. The project is located between A Street, (MP 345.47) and Rodeo Drive (MP 346.25) on US-95 (Main Street). The existing surface at the intersections of Main Street and D Street will be removed and replaced with a concrete surface. The intersection will be constructed one half at a time, requiring closure of one half of the intersection while construction is on-going. The rest of the project will be to mill and overlay with plant mix pavement. This Agreement is to assign responsibilities for allowing the temporary closure of the D Street intersection, and improvements to the CITY's water distribution system. The CITY wants to add water distribution system improvements to this project because part of their system will be located within the project limits. Authority for this Agreement is established by Section 40-713, Idaho Code. The parties agree as follows: SECTION I: That the STATE will: 1. Add the CITY's water distribution system improvement project plans and proposals to the STATE'S plan set to be incorporated with the advertisement of this project. 2. Advertise for construction of the project, open bids, and prepare a contract estimate of cost based on the successful low bid if it is not over ten (I 0) percent above the estimate for cost of construction. f/S95, A Strea to Rodeo Drive A008r835; Ke_v 08835 2008-07 ---PAGE BREAK--- 3. Notify the CITY should the bids on the water distribution system improvements project come in above ten percent 4. Designate a resident engineer and other personnel, as the STATE deems necessary, to supervise and inspect construction of the project in accordance with the plans, specifications and estimates in the manner required by applicable state and federal regulations. This engineer, or his authorized representatives, will prepare all and final contract estimates and change orders, and submit all change orders to the CITY for their concurrence. If the CITY'S share of any change order exceeds $1,000.00, the STATE will submit a statement to the CITY indicating the amount owed by the CITY. 5. Prior to detouring city street traffic around the temporary intersection closure, coordinate with the CITY on the proposed detour routes. 6. Prior to detouring State highway traffic onto a CITY street, coordinate with the CITY and document the existing conditions of the proposed detour. 7. At the conclusion of a detour use, and in coordination with the CITY, document the post-detour condition of the streets that received State highway traffic. 8. Repair, as necessary, any damage to the listed streets caused by the detouring of State highway traffic. The necessary repairs will be determined by reviewing the pre-detour and post-detour conditions surveys. 9. Adjust/correct Storm Sewer Manholes. I 0. Upon completion of the project and after all costs have been accumulated, provide a statement to the CITY summarizing the estimated and actual costs, indicating an adjustment for or against the CITY. Any excess funds transmitted by the CITY and not required for the project will be returned to the CITY. 11. Indemnify, save harmless and defend regardless of outcome the CITY from expenses of and against suits, actions. claims, or losses of every kind, nature aud description, including costs, expenses and attorney fees that may be incurred by reason of any act or omission, neglect or misconduct of the STATE iu the construction of the project. SECTION II. That the CITY will: I. At their ov.n expense, design and furnish all plans, specifications, special provisions and cost estimates for the CITY'S water distribution system improvements to the STATE to be incorporated in the STATE project documents. Such documents shall be in the STATE'S format. 2 CS95, A ,)'treetlo Rodeo Drive Ai!i!8!835) Key Xo. 08835 ---PAGE BREAK--- 2. Prior to advertisement of the project, pay to the STATE the amount of Four Hundred Twenty-Three Thousand Two Hundred Dollars ($423,200) for construction of the CITY's water distribution system improvements. All checks shall be made payable to the Idaho Transportation Department and mailed to the District Two Office at 2600 Frontage Road, Lewiston, Idaho 83 50 I. 3. Should the CITY decide to remove the water distribution system improvements from the contract if they are over the 1 0% as stated in Section I, 3, the CITY would be responsible for the Change Order costs to do this. 4. Allow the STATE to temporarily close D Street during construction of this concrete intersection. 5. Allow the STATE to utilize city streets, as needed, for detours aD called out in this Agreement. 6. Coordinate with the STATE in the selection of the proposed detour routes. 7. Coordinate with the STATE in documenting pre-detour and post-detour conditions of the streets that received State highway traffic. 8. Be responsible for any water distribution system improvements construction costs in excess of the $423,200 furnished under Section II, Paragraph 2 of this Agreement. Payment of these additional costs is to be made within one month from receipt of a statement from the STATE. 9. Be responsible for the construction inspection of the CITY'S water distribution system improvements portion of the project. 10. Adjust/correct all affected CITY Sanitary Sewer Manholes and Water Valve Covers and Risers. 11. IndemnifY, save harmless and defend regardless of outcome the STATE from expenses of and against suits, actions, claims, or losses of every kind. nature and description, including costs, expenses and attorney fees that may be incurred by reason of any act or omission, neglect or misconduct of the CITY in the construction of the project. 3 US'95: A Street to Rodeo Drive A008(835) Ke_v XoJ)8835 ---PAGE BREAK--- SECTION III. It is agreed that: 1. This Agreement shall become effective on the first date mentioned above and shall remain in full force and effect until amended or replaced upon the mutual consent of the STATE and the CITY. EXECUTION This Agreement is executed for the STATE by its Assistant Chief Engineer, and executed for the CITY by the Mayor, attested to by the City Clerk, with the imprinted corporate seal of the CITY OF MOSCOW. APPROVED AS TO FORM: " beputy Attorney Genetal (SEAL) By regl