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PARTIES STATE/LOCAL AGREEMENT (CONSTRUCTION) PROJECT NO. A019(161) I ' N POLK STREET SAFETY IMPROVEMENTS, PHASE II LATAH COUNTY KEY NO. 19161 THIS AGREEMENT is made and entered into this -tk_, day of A rtl , 02.l>J!, by and between the IDAHO TRANSPORTAT ON BOARD by and through 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 federal participation in the costs of constructing North Polk Street Safety Improvements, Phase II, which has been designated as Project No. A019 (161). 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, including, but not limited to, the requirements of 23 U.S. C. §313. 23, CFR §635. 410, and 28 CFR Part II. c\greement NoJR 3 7 0 - State/Local Agreement (Construction) N Polk St Safety Improvements, Phase II Key No. 19161 ·11Jl5-Z4 ---PAGE BREAK--- 3. Checks for funds owed by the Sponsor shall be made payable to the "Idaho Transportation Department", and mailed to Jennifer Miller, Financial Services, PO Box 7129 , Boise, ID 8 3707- 1129 . 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. 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 a contract estimate of cost based on the successful low bid and notify the Sponsor thereof. 3 . Award a contract for based on the successful the State's estimate of 2 construction of the project, low bid, if it does not exceed cost of construction by more State/Local Agreement (Construction) N Polk St Safety Improvements, Phase fl Key No. 19161 ---PAGE BREAK--- 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 al 1 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. Appoint the Local Highway Technical Assistance Council as the contract administrator for the State. 8 . Notify the Sponsor when construction engineering and inspection (CE&I) costs have reached approximately 8 5% of the estimated cost for CE&I. 9 . Maintain complete accounts of all project received and disbursed, which accounting determine the final project costs. funds will 10. 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 estimated and actual costs, indicating an adjustment for or against the 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 3 State/Local Agreement (Construction) N Polk St Safety Improvements, Phase II Key No. 19161 ---PAGE BREAK--- . . previously completed project. If no such outstanding balance exists, the excess funds will be returned to the Sponsor. 11. 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 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 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, expenses or attorney fees attributable negligent act, and shall not apply to loss, expenses or attorney fees attributable negligence of Sponsor. SECTION III. That the Sponsor shall: damages, to such damages, to the 1. Pay to the State before the advertisement for bids, the amount of NINE THOUSAND NINE HUNDRED DOLLARS 900) , which is the Sponsor's estimated share of the cost for construction plus preliminary engineering, and construction engineering & inspection (CE&I), and after deducting credit for the Sponsor's previous deposit as applies to Preliminary Engineering. These costs and the Sponsor's match are detailed in the attached Worksheet for State/Local Construction Agreements marked Exhibit A. 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. Construction engineering and contingencies will be approximately 19 . 5% 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) N Polk St Safety Improvements, Phase II Key No. 19161 ---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 to act on the Sponsor's behalf regarding action on change orders. That authorized representative's name is K<:tc..JU\IL.I Li.l 'J , Phone No. OUIS- 3-iO'"l..'5° 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 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 any statement referred to in Section II, Paragraphs 6 and 10, 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 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 . 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. 5 State/Local Agreement (Construction) N Polk St Safety Improvements, Phase II Key No. 19161 ---PAGE BREAK--- EXECUTION . . . . 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. ATTEST: (SEAL) By on JULY 12 1887 Reviewed by FS: 911v 3-:31-5 hm: 19 161 SLAConst. docx IDAHO TRANSPORTATION DEPARTMENT APPRONL Engineering Services Division Administrator CITY OF MOSCOW &6aM Mayor 6 State/Local Agreement (Construction) N Polk St Safety Improvements, Phase II Key No. 19161 ---PAGE BREAK--- RESOLUTION NO. 2015 - 09 A RESOLUTION OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, TO ENTER INTO AN AGREEMENT FOR CONSTRUCTION OF NORTH POLK STREET SAFETY IMPROVEMENTS, PHASE IL WHEREAS, the Idaho Transportation Department (hereinafter "ITD") has submitted State/Local Agreement (Construction) Project No. A019 (161) N Polk Street Safety Improvements, Phase II Latah County Key No. 19161 (hereinafter "Agreement") stating obligations of ITO and the City of Moscow (hereinafter "City") for construction of North Polk Street Safety Improvements, Phase II; and WHEREAS, ITD is responsible for obtaining compliance with laws, standards and procedural policies in the development, contruction and maintenance of improvements made to the Federal-aid Highway System when there is federal participation in the costs; and WHEREAS, certain functions to be performed by ITD involve the expenditure of funds as set forth in the Agreement; and WHEREAS, ITD can only pay for work associated with the State Highway system; and WHEREAS, City is fully responsible for its share of Project costs; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow as follows: That the Agreement for Federal Aid Highway Project A019 (161) is hereby approved; That the Mayor and City Clerk are hereby authorized to execute the Agreement on behalf of City; and That duly certified copies of the Resolution shall be furnished to the Idaho Transportation Department. That this Resolution shall become effective as of 201h day of April, 2015. PASSED AND APPROVED by the Mayor of the City of Moscow, Idaho, this 20th day of April, 2015. RESOLUTION 2015 - ITO, CITY NORTH POLK SAFETY IMPROVEMENTS, PHASE II APRIL 20, 2015 PAGE l OF I ---PAGE BREAK--- . . WORKSHEET FOR STATE I LOCAL CONSTRUCTION AGREEMENTS Key No: 19161 Project No: A019(161) Project Name: Polk Street Safetv. Phase 2, Moscow Sponsor: City of Moscow Description of work: Safety Improvements Date of State/Local AQreement for Project Development: n/a Phase 11 of Key 13448 TOTAL ESTIMATED COST OF CONSTRUCTION Includes E&C & Non-Bid Items $140,603 APPROVED FORCE ACCOUNT WORK PLUS PE BY STATE (from 2101) $1,000 PLUS PC BY LHTAC (from 2101) $4,000 PLUS PC (from PC Agreements) FEDERAL MINUS ALL NON-PARTICIPATING PARTICIPATING TOTAL I $145,603 MATCH PERCENTAGES 92.66% PERCENTAGE AMOUNTS $134,915.74 MINUS FEDERAL MAXIMUM $0 ADD OVERAGE (If Any To Local) LOCAL SHARE OF CONSTRUCTION AMOUNT I ADJUSTMENTS I PLUS ALL NON-PARTICIPATING (From above if work by contract) MINUS FUNDS ADVANCED BY THE SPONSOR FOR STATE PE (from PD Agreement)* MINUS APPROVED FORCE ACCOUNT WORK (From above) MINUS PRELIMINARY ENGINEERING PAID BY LOCAL (If LPA has not rec'd reimbursement, use actual PC dollars paid by LPA) (If LPA has rec'd reimbursement, use local match % of actual PC dollars paid by LPA) (Amounts must be supported by District Records Inspector Audit) CONSTRUCTION AMOUNT REQUIRED FROM SPONSOR AFTER ADJUSTMENTS Comments: LOCAL 7.34% $10,687.26 $0 $10,687 $0 $800 $0 $9,887 * These funds were transferred from the deposit paid for Key No. 13894, a project that was cancelled. PREPARED BY: I Holly McClure I I DatE 3-31-15 Exhibit A