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PAJlTJ:BS STA.TB/LOCAL AGRJUDIBN'l' ßROJBCT RO. A01t(337) ' SCHOOLS SR28 SAl'Jl'l"Y LA.TAB ComrrY lCBY BO. 1t337 THIS AGREEMENT is made and entered into this day of :raj\..tl '2ol', by and between the mABO TRARSPORTATibil hereafter called the State and the CJ:TY OP llOSCOll, acting by and through its Mayor and Council, hereafter called the Sponsor. PORPOSB The Sponsor has requested. federal participation in the costs of constructing sidewalk along D Street and behind the Moscow Middle School, which has been designated as Project Ro. A014 (337). This Agreement sets out the responsibilities of the parties in the construction and maintenance ot the project. Authority fer this Agreement is established by Section 40- 317 of the Idaho Code. The Parties agree as follows: 1. This Agreement is entered into for the purpose of complying with certain provisions of the Federal-Aid Highway Act in obtaining federal participation in the conliltruction of the project. 2. Federal participation in the costs of the project will be governed by the applicable sections of Title 23, u. s. Code (Highways) and rules and regulations prescribed or promulgated by the Federal Highway Administration, including but not limited to the requirements of 23 u.s.c. §313.23, CFR §635.410, and 20 CFR Part II. 3. Funds owed by the Sponsor shall be remitted to the State through the State's payment portal at: . !\greement No l/ / 9 Schoo/1 SR2SSq/i!IJI Ma.cow Kq No. J.IJJ7 ---PAGE BREAK--- 4. All inforination, regulatory and warning signs, pavement or other markings, and traffic signals, the cost of which is not provided for in the plans and estimates, must be erected at the sole expense of the Sponsor upon the completion of the project. s. The location, form and character of all signs, markings and signals installed on the project, initially or in the future, shall be in conformity with the Manual of Uniform Traffic Control Devices as adopted by the State. 6. This State/Local Agreement (Construction) upon its execution by both Parties, supplements the State/Loca1 Agreement (Project Development) by and between the same parties, dated August 15, 2014. 7. Sufficient Appropriation. It is understood and agreed that the State is a governmental agency, and this Agreement shall in no way be construed so as to bind or obligate the State beyond the term of any particular appropriation of funds by the Federal Government or the State Legislature as may exist from time to time. The State reserves the right to terminate this Agreement if, in its sole judgment, the Federal Government or the legislature of the State of Idaho fails, neglects or refuses to appropriate suf f ic:ient funds as may be required for the State to continue payments. Any such termination shall take effect immediately upon notice and be otherwise effective as provided in this Agreement. SBC'lIOH II. That the State shall: 1. Bnter into an Agreement with the Federal Highway Administration covering the federal government 1 s pro rata share of construction costs. 2. Advertise, open bids, prepare a contract estimate of cost based on the successful low bid and notify the Sponsor thereof. 2 StaWLocal Sdtool6SR1SSajity1,,,.. Mox°" Key No. 14331 ---PAGE BREAK--- . 3. Award a contract for construction ot 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 . If the low l:>id exceeds the estimate by more than 1ot, the bid will be evaluated, and if justified, the contract will he awarded and the Sponsor will be notified. t. Obtain concurrence of the Sponsor before awarding the contract if the Sponsor ' s share of the low bid amount exceed& the amount set forth in Section III, Paragraph 1 by more than ten (10).percent. s. Provide to the Sponsor sufficient copies of the Contract Proposal, Notice to Contractors, and approved construction plans. 6 . 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 and specifications 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 Sponsor for their concurrence. If the Sponsor ' s share of any change order exceeds $1,000.00, the State will submit a statement to the Sponsor indicating the amount owed by the Sponsor. 7. Notify the Sponsor when construction engineering and inspection (CE&I) costs have reached approximately est of the estimated cost for CB&I. 8. Maintain complete accounts of all project received and disbursed, which accounting deteJ:mine the final project costs. funds will g. Upon completion of the project, after all costs have been accumulated and the final voucher paid by the Federal Highway Administration, provide a statement to the Sponsor summarizing the estima.te4 and actual costs, indicating an adjustment for or against the l Slatt LouH Agrmirertt Schoofl SR1S Safety Mtacow KqNo.un1 ---PAGE BREAK--- Sponsor. Any excess funds transmitted by the sponsor and not required for the project will be applied to any outstanding balance the sponsor may have on a previously completed proj ect . If no such outstanding balance exists, the excess funds will be returned to the Sponsor. 10. Subj ect to the limitations hereinafter set forth, State shall indemnify, defend and save ha:cmless Sponsor from and against any and all demands, claims or liabilities caused by or arising out of any negligent acts by State, or State ' • officers , agents, and employees while acting within the course and scope of their employment, which arise f rem this proj ect. Any such indemnification hereunder by State is subject to the limitations of the Idaho Tort Claims Act (currently codified at chapter 9, title 6, Idaho Code). such indemnification hereunder by State shall in no event cause the liability of State tor any such negligent act to exceed the liability limits set forth in the Idaho Tort Claims Act . such indemnification shall in no event exceed the amount of loss, damages, expenses or attorney Ðees attributable to such negligent act, and. shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of Sponsor. SBCTION' :IIJ:. That the Sponsor shall: 1. Pay to the State before the advertisement for bids, the amount of THOUS.AHi) SIX P:IF'l'Y llINB DOLLARS 659) , which is the Sponsor's estimated share of the cost for construction plus preliminary engineering, and construction engineering & inspection ( CB&I) by the State, and after deducting credit for the Sponsor's previous deposit as applies to Preliminary Engineering and the Sponsor's match for the consulting agreement. These costs and the Sponsor ' s match are detailed in the attached Worksheet £or State/Local Construction Agreements marked Exhibit A. The actual cost to the Sponsor will determined from the total quantities obtained by measurement plus the actual cost of engineering and contingencies required to complete the work. construction engineering and contingencies will be approximately 1st of the total construction cost. 4 SlilldLacal {CϾIOlr) SchoaaSR2S ¥fJ' M¾ Ѐ)'No. 11337 ---PAGE BREAK--- . 2. Upon approval of the lowest qualified bid received, if the Sponsor's share exceeds the amount set forth in , Section III, Paragraph 1, transmit to the State the Sponsor's portion of such excess cost. 3. 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 sponsor will be obtained if it is necesaary, during the life of the construction contract, to deviate from the plans and specifications to such a degree that the costs will be increased or the nature ot the completed work will be significantly changed. 4. Designate an authorized representative to act on the Sponsor's behalf regarding action on change orders. That thorizeq representative's name is _Bo 9e.¥: , Phone No. a Ͽ3?1 o. 5. When change orders are submitted by the State for approval pursuant to Section II, Paragraph 6, the Sponsor or its authorized representative shall give approval of same as soon as possible, but no later than ten (10) calendar days after receip t of the change order. If approval is delayed, any claims due to that delay shall be the responsibility of the Sponsor. 6. Upon receipt of any statements referred to in Section II, Paragraphs 6 and 9, indicating an adjustment in cost against the Sponsor, remit to the State a check or warrant in that amount. 7. Maintain the project upon completion to the satisfaction of the State . Such maintenance includes, but is not limited to, preservation of the entire roadway surface , shoulders, roadside cut and fill slopes, drainage structures, and such traf fie control devices as are necessary for its safe and efficient utilization. Failure to maintain the project in a satisfactory manner will jeopardize the future allotment ot federal-aid highway funds for projects within the Sponsor's jurisdiction. 5 SlalULocal Alidtlle Sdroob SJl2S Ͻ AIDINW Key No. /.1337 ---PAGE BREAK--- . 8. To the extent provided by the Idaho Tort Claims Act, 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 negligence of the Sponsor in the work which is the subject of this Agreement. This Agreement is executed for the State by its Engineering Services Division Administrator, and executed for the Sponsor by the Mayor, attested to by the City Clerk, with the imprinted corporate seal of the City of Moscow. A'l"l'BSTs (SEAL) Reviewed by FS hm z 1433 7 SLACon ; doex IDAHO ".l'RAllSPOR'l'A'l'XOB DERAL LOCAL MINUS ALL NON-PARTICfPATING i(l PARTICIPATING TOTAL I 1537,aÝ MATCH PERCENTAGES 92.59% 7.41% PERCENTAGE AMOUNTS $497,978.30 $39,853.32 . MWUS FEDERAL MAXIMUM Ёouu,uou ADD OVERAGE'" Any ro Local} Ü $0 - LOCAL SHARE OF CONSTRUCTION AMOUNT J:$9,853 I ADJUSTllENTS I PLUS ALL NON-PARTICIPATING (From above if work by contract) so MINUS FUNDS ADVANCED BY THE SPONSOR FOR STATE PE (tfom PD Aateement) $10,000 MINUS APPROVED FORCE ACCOUNT WORK (Flom -.WS) $0 MINUS PRELIMINARY ENGINEERING PAID BY LOCAL $3,194 (If LPA has not IWC'd fflimbursement, USB scfual PC dollars paid by I.PA) (If LPA has recϼ telmburssment. use local malr:h "of acfJJa/ PC doNars palrJ by LPA) (Amounts must be supported by Rec:otr1s lfl8P8Cbr Audit) CONSTRUCTION AMOUNT REQUIRED FROll SPONSOR AFTER ADJUSTMENTS :lo.il:0,00½ lJomments: Revised by HM 6-18-15 PREPARED BY: Kenneth G. Helm Data 611812015 rd BIO&