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COOPERATIVE AGREEMENT NH-STP-F-4161(007) WASHINGTON STATE LINE TO LINE STREET, MOSCOW PARTIES CITY OF MOSCOW KEY NO. 4469 ROADWAY DESIGN REGISTER THIS AGREEMENT is made and entered into this 7 day of , 19 by and between the IDAHO TRANSPORTATION DEPARTMENT, hereafter called the STATE, and the CITY OF MOSCOW, acting by and through its Mayor and Council, hereafter called the CITY. PURPOSE The parties mutually agree that it is in the public interest to construct a section of S.H. B. beginning at Milepost 0.000 and terminating at Milepost 1.482, including reconstruction of certain public roads not a part of the State Highway System within the CITY's corporate limits as shown in the attached plans entitled, Exhibit A, Idaho State Project No. NH-STP-F-4161(007) , and made a part of this Agreement. Authority for this Agreement is established by Section 40-317 of the Idaho Code. The Parties agree as follows: SECTION I: That the STATE will: 1. Program the construction of the project. 2. Provide detailed construction plans and advertise, open bids, prepare a contract estimate of cost based on the successful low bid and notify the CITY. 3. Award a contract for construction of the project, based on the successful low bid, if it does not exceed the STATE'S estimate of cost of construction by more than ten (10) percent. 4. Provide the option to the CITY to reject any bid in which the CITY shares in the project cost as described in Section I I, Paragraphs 2, 3, and 4, which exceeds the estimated cost by more than 10 percent. 95-88 ---PAGE BREAK--- 5. Provide to the CITY a copy of the Contract Proposal, Notice to Contractors, approved construction plans, and a set of 11As Built11 plans. 6. Reconstruct a section of road between Milepost 0. 000 and Milepost 1. 482 of State Highway 8 and assume its share of all construction and engineering costs for the project, excepting items stated hereafter as obligations of the CITY. 7. Construct an 811 water line relocating four fire hydrants, installing one new fire hydrant, installing four street monuments, and a 1011 sanitary sewer line, as shown on the attached Exhibit A. 8. 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 regulations. This engineer, or his authorized representatives, will prepare all and final contract estimates and change orders. 9. In cooperation with the CITY, establish and cause to be maintained all detours deemed necessary to best serve the public interests and to expedite the work. 10. Cause to be replaced to original, equal or better condi tion any existing sidewalks, curb and gutter, pavement, regulatory signs, sewer facilities, water lines, fences and other similar items, except as hereafter stated as obligations of the CITY, and excluding shrubs and other plantings within the right-of-way, removed or damaged by construction operations. 11. Furnish and install all official guide signs at junctions of the urban extensions to the state highway system and all confirming and reassurance route markers and guide arrows along the urban extensions of the state highway system necessary to properly identify the highways and keep the motorist sure of the routes. ---PAGE BREAK--- 12. Permit the CITY to retain, maintain, connect to and improve all existing city-owned water, storm sewer, and sanitary sewers now in place on the state highway right of-way. 13. Replace a section of sanitary sewer line between Station 439+78 and Station 443+43. All other sanitary sewer lines that require replacement will be at CITY expense. 14. Maintain complete accounts of all project funds received and disbursed, which accounting will determine the final project costs. 15. Upon completion of the project, after all cost 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 will be returned. 16. Indemnify, save harmless and defend regardless of outcome the CITY 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 STATE in the construction and maintenance of the work. SECTION II: That the CITY will: 1. Hereby approve the plans. 2. Authorize the STATE to administer the project and make any necessary changes and decisions within the general scope of the plans and specifications. Prior approval of the CITY will be obtained if it is necessary during the life of the construction contract, to deviate from the plans and specifications to such a degree that the CITY's share of the costs will be increased or the nature of the completed work is significantly changed. 3. Pay to the STATE prior to advertisement for bids the amount of ONE HUNDRED TWENTY-FIVE THOUSAND SEVEN HUNDRED EIGHTY AND NO/HUNDREDTHS DOLLARS ($1251780.00) for the work to be performed by the STATE as outlined in Section I, Paragraph 7. ---PAGE BREAK--- · . . 4. Upon approval of the lowest qualified bid received, if the CITY's share exceeds the amount set forth in Section II, Paragraph 3, transmit to the STATE the CITY's share of the excess cost. 5. Move said items at the following locations: Water Meter; 30 feet left of Station 432+45, 3 3 feet left of Station 433+22, 29 feet left of Station 43 5+10, 37 feet left of Station 436+92, 21 feet left of Station 438+59, 23 feet left of Station 440+10, 32 feet left of Station 442+91, 39 feet left of Station 445+50, 42 feet left of Station 449+72, 37 feet left of Station 4 50+47, 39 feet left of Station 451+89, 39 feet left of Station 4 53+21, 38 feet left of Station 453+66, 43 feet left of Station 455+76; 6. Upon receipt of the statement referred to in Section I, Paragraph 15, indicating an adjustment in cost against the CITY, remit to the STATE a check or warrant in that amount. 7. 8. Cooperate with the STATE in the designation of suitable detour routing construction within the city limits. selection and during project STATE before vacating or connecting to the state limits. Obtain concurrence from the closing any right-of-way highways within the project 9. Obtain concurrence from the STATE before accepting any new street or alley right-of-way connecting to the state highways within the project limits. 10. Comply with all pertinent sections of the STATE's Standard Snecifications for Highway Construction in accomplishing all future trench backfill and pavement repairs on the state highways within the project limits. 11. Obtain concurrence of the STATE before installing or constructing any new, or relocating any existing sidewalk or any existing CITY-owned water, storm sewer, sanitary sewer or other facilities on the state highways within the project limits. ---PAGE BREAK--- . · 12. 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 and maintenance of the work done by the CITY. SECTION III: Both parties agree that: 1. Maintenance responsibilities within the project limits of Idaho State Project No. NH-STP-F-4161(007) will be in accordance with the Cooperative Maintenance Agreement dated June 30, 1981, or as subsequently modified by mutual consent. 2. This Agreement shall become effective on the first date mentioned above and shall remain in full force and effective until amended or replaced upon the mutual consent of the CITY and STATE . • ---PAGE BREAK--- · . . EXECUTION This Agreement is executed for the STATE by its Chief Engineer; and executed for the CITY by the Mayor, attested to by the City Clerk, with imprinted corporate Seal of the CITY OF MOSCOW. IDAHO TRANSPORTATION DEPARTMENT APPROVED BY: APPROVED: 416. Legal Counsel ATTEST: .12Aed- City Clerk (Seal) By t@î/special meeting on December 18, 1995 hm:C:\LIB\AGRMENT\4469COOP. AGR RECOMMENDED BY: For Design Engineer CITY OF MOSCOW Mayor ---PAGE BREAK--- . . RESOLUTION NO. 95-17 \VHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of the STATE and the City of Moscow, hereafter called the CITY, for the construction of improvements to S.H. 8 including reconstruction of portions of public roads not a part of the State Highway System; and WHEREAS, certain functions to be performed by the STATE involve the expenditure of funds as set forth in the Agreement; and 'WHEREAS, the STATE can only pay for work associated with the State Highway System; and WHEREAS, the CITY is fully responsible for its share of project costs; NOW, THEREFORE, BE IT RESOLVED: 1. That the Agreement for State Highway Project NH-STP-F-4161 (007) is hereby approved. 2. That the Mayor and the City Clerk are hereby authorized to execute the Agreement on behalf of the CITY. 3. That duly certified copies of the Resolution shall be furnished to the STATE. CERTIFICATION I hereby certify that the above is a true copy of a Resolution passed at ai'ei duly called special (x-out nonapplicable term) meeting of the City Council, City of Moscow, Idaho, held on December 18 , 19 95 City lerk