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PARTIES STATE/LOCAL AGREEMENT (CONSTRUCTION) A009(756) PED PATH; SWEET AVE TO BLAINE ST, MOSCOW LATAH COUNTY KEY NO. 09756 THIS J*fR. EE . MENT 1is made an;J e11tered into this day of u.J , 7J8, 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 SPONSOR. PURPOSE The SPONSOR has requested the STATE to program a project for federal participation in the costs of constructing a bike/pedestrian path from Sweet Avenue to Blaine Street in Moscow. This Agreement sets out the responsibilities of the parties in the construction and maintenance of the project. Authority for this Agreement is established by Section 40- 317 of the Idaho Code. The Parties agree as follows: SECTION I . GENERAL 1. This Agreement complying with Highway Act in construction of is entered into for the purpose of certain provisions of the Federal-Aid obtaining federal participation in the 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. 3. Checks for funds owed by the SPONSOR shall be made payable to the "Idaho Transportation mailed to the District Two Office Lewiston, ID 83501-0837. Department", at PO Box and 837, State/Local Agreement (Construction) Ped Path, Swee£ Ave to Blaine St., Moscow Key No. 09756 ---PAGE BREAK--- 4. All information, 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. 5. 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 . During construction, the latest edition of the STATE's Guide for Utility Management will be followed in all matters relating to utilities. 7. This State/Local Agreement (Construction) upon its execution by both Parties, supplements the State/Local Agreement (Project Development) by and between the same parties, dated March 24, 2006. 8. 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 sufficient 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. SECTION II. That the STATE shall: 1. Enter into an Agreement with the Federal Highway Administration covering the federal government's pro rata share of construction costs. 2. Advertise, open bids, prepare cost based on the successful SPONSOR thereof. 2 a contract estimate of low bid and notify the State/Local Agreement (Construction) Ped Path, Su,eet Ave to Blaine St., Moscow Key No. 09756 ---PAGE BREAK--- 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. If the low bid exceeds the estimate by more than 10%, the bid will be evaluated, and if justified, the contract will be awarded and the SPONSOR will be notified. 4. Obtain concurrence of the SPONSOR before awarding the contract if the SPONSOR'S share of the low bid amount exceeds the amount set forth in Section III, Paragraph 1 by more than ten (10) percent. 5. 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 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 85% of the estimated cost for CE&I. 8. 9. Maintain received determine complete accounts of all project and disbursed, which accounting the final project costs. funds will Upon completion of the project, been accumulated and the final after all costs have voucher paid by the Federal Highway Administration, provide a statement to the SPONSOR summarizing the estimated and actual costs, indicating an adjustment for or against the SPONSOR. Any excess funds transmitted by the SPONSOR 3 State/Local Agreement (Construction) Ped Path, Sweet Ave to Blaine St., ,Moscow Key No. 09756 ---PAGE BREAK--- and not required for the project will be any outstanding balance the SPONSOR may previously completed project. If no such balance exists, the excess funds will be the SPONSOR. applied to have on a outstanding returned to 10. Subject to the limitations hereinafter set forth, STATE shall indemnify, defend and save harmless SPONSOR from and against any and all demands, claims or liabilities of every nature whatsoever, caused by or arising out of any negligent acts by STATE, or STATE's officers, agents, and employees while acting within the course and scope of their employment, which arise from or which are in any way connected with this project. 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 for 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 fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of SPONSOR. SECTION III. That the SPONSOR shall: 1. Pay to the STATE before the advertisement for bids, the amount of TWENTY-TWO THOUSAND DOLLARS ($22, 000) , which is the SPONSOR'S estimated share of the cost for construction plus preliminary engineering, and construction engineering & inspection (CE& 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 consultant agreement. The actual cost to the SPONSOR will be determined from the total quantities obtained by measurement plus the actual cost of engineering and contingencies required to complete the work. CE&I will be approximately 15% of the total construction cost. 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. 4 State/Local Agreement (Construction) Fed Path. Sweet Ave to Blaine St., Afoscow Key No. 09756 ---PAGE BREAK--- 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 necessary, 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 of the completed work will be significantly changed. 4. Designate an authorized representative SPONSOR'S behalf regarding action on That . authori . zed representative's f ' to act on the change orders. name Phone is No. 5. When change orders are submitted by the STATE for approval pursuant to Section I I, 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 receipt 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 either of the in Section II, Paragraphs 6 adjustment in cost against the to the STATE a check or warrant statements referred to and 9, indicating an SPONSOR, remit 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 traffic 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 of federal-aid highway funds for projects within the SPONSOR'S jurisdiction. 8. Comply with Appendix A, Title 49 CFR, attached hereto and made a part hereof. Part 21, 5 State/Local Agreement (Construction) Ped Path, S>Yeet Ave to Blaine Sr., Afoscow Key No. 09756 ---PAGE BREAK--- 9. 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. EXECUTION This Agreement is executed for the STATE by its Assistant Chief Engineer (Development) , and executed for the SPONSOR by the Mayor, attested to by the City Clerk, with the imprinted corporate seal of the CITY OF MOSCOW . Approved as to form Steven M. Parry Deputy Attorney General 11 7-06 ATTEST: hm:9756 SLAConst. docx IDAHO TRANSPORTATION DEPARTMENT APPROVED BY:/ RECOMMENDED BY: CITY OF MOSCOW 6 State/Local Agreement (Construction) Ped Path, Sweet Ave to Blaine St., lvfoscow Key :Vo. 09756 ---PAGE BREAK--- APPENDIX A EXCERPTS FROM TITLE 49 CFR PART 21 During the performance of work covered by this Agreement, the City of Moscow for itself, its assignees and successors in interest (hereafter referred to as the SPONSOR), agrees as follows: L Compliance with Regulations: The SPONSOR during the performance of work covered by this Agreement shall comply with all regulations of the United States Department of Transportation relative to Civil Rights with specific reference to Title 49 CFR Part 21, Title 41 CFR Part 60, Civil Rights Act of 1964 as amended and Executive Order 11246. 2. Non-Discrimination: The SPONSOR, with regard to the work performed during the term of this Agreement, shall not in any way discriminate: against any employee or applicant for employment; subcontractor or solicitations for subcontract including procurement of materials and equipment; or any other individual or firm providing or proposing services based on race, color) religion, sex, national origin, age or non-job-related handicap. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by bidding or negotiation, made by the SPONSOR for work or services performed under subcontract, including procurement of materials and equipment, each potential subcontractor or supplier shall be made aware, by the SPONSOR, of the obligations of this Agreement and to the Civil Rights Requirements based on race, color, religion, sex, national origin, age or non-job-related handicap. 4. Information and Reports: The SPONSOR shall provide all information and reports required by Regulations and/or Directives and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Idaho Transportation Department or the Federal Highway Administration. The SPONSOR will be required to retain all records for a period of three years. 5. Sanctions for Non-Compliance: In the event the SPONSOR is in non-compliance with the Civil Rights Provisions of this Agreement, the Idaho Transportation Department shall impose such sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: Withholding of payments to the SPONSOR until it has achieved compliance and/or Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of the Provisions: The SPONSOR shall physically include this Appendix in every subcontract of $10,000 or more to include procurement of materials and leases of equipment unless exempt by Regulations, Orders, or Directives pursuant thereto. The SPONSOR shall take such action with respect to sub contractor or procurement as the Idaho Transportation Department or the Federal Highway Administration may direct as a means of enforcing the provisions, including sanctions for noncompliance, provided in event the SPONSOR becomes involved in, or is threatened with litigation with the subcontractors or suppliers as a result of such direction, the SPONSOR may request the STATE to enter into such litigation to protect the interest of the STATE, and in addition the SPONSOR may request the United States to enter into such litigation to protect the interest of the United States. ---PAGE BREAK--- RESOLlJTION NO. 2008 • 18 A RESOLUTION OF THE CHY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF lDAHO, AGREEING TO SUPPORT CONSTRUCTION OF A PEDESTRIAN/BIKE PATH FROM SWEET AVENUE TO BLAINE STREET; PROVIDING THAT THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of tbe STATE and the CITY OF MOSCOW, IDAHO, hereafter called the CITY, for construction of a path from Sweet Avenue to Blaine Street; and WHEREAS, the STATE is responsible lor obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to tbe Federal-aid Highway System when there is federal participation in the costs; WHEREAS, certain functions to be performed by the STATE involve the expenditure of funds as set forth in the Agreement; and \VHEREAS, the STATE can only pay for work associated with the State Highway System; and WHEREAS, the CITY is fu!Iy responsible tor its share of project costs; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow, Idaho as follows: I. That the Agreement for Federal Aid Project A009(756) is hereby approved. 2. That the Mayor and 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 Idaho Transportation Department. PASSED AND A.PPROVED by the City Council of the City of Moscow, Idaho, this 18'h day of August, 2008, RESOLtrnoN 2008- t g JULY 12 Hl87 OF PEIYBlKE PATH S\VEEI'T(i BlAINE !IDAHO TRANSPORTATION DEPARf'MENT PAGEl OF I ---PAGE BREAK--- IDAHO TRANSPORTATiON DEPARTMENT P.O. Box 837 Lewiston, ID 83501-0837 August 20, 2008 The Honorable Nancy Chaney Mayor of Moscow P.O. Box 9203 Moscow, ID 83843 RE: Project No. A009(756); Key No. 09756 Pedestrian Pathway Sweet Ave. to Blaine Street, City of Moscow State and Local Agreement Dear Mayor Chaney: (208) 799-5090 itd. idaho.gov Enclosed is your original copy of the fully executed Agreement between the City of Moscow and the Idaho Transportation Department for the above-referenced project. If you have any questions, please contact Ken Helm or me at (208) 799-5090. District Project Development Engineer CJA:DJF:jw /8-034 7/ Z:\ADMJN,OM\WRDFILES\ADM\9756 chaney agreemcnt.docx Enclosure