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ITD-500 11-94 IDAHO TRANSPORTATION DEPARTMENT Department Memorandum DATE: AUGUST 26,2008 TO: KEN HELM DISTRICT TWO . 'L FROM: HOLLY MCCLURE iJ:,f 11- ROADWAY DESIGN SEVION RE: AGREEMENT Project No.(s): STP-7754(100) Key No.(s): 09153 Project Identification: D STREET PATHWAY MOSCOW Ken, enclosed are two fully executed originals of the State/Local Agreement for construction of the above project Please forward one original to the City of Moscow. The other original is for the District files. Thanks. If you have any questions, please give me a call at 8486. hm Enclosures cc: CAM RD- Mary OHOS/TS, w/att RD, w/att FS -Jennifer Miller, w/att AUG 2 9 2008 DIV. OF HIGHWAYS lE\NISTON. !DAHC RD-Utilities Engineer (for RR agreement only) R/W (Bob Snyder), w/att (for PE agreement only) INF 02 DE DTE TP Young), w/att (for SB & RC&M agreements onlr, 1 MTLS E TP Rowell), w/att (RC&M agreement only} BR INSP (Patty), w/att (RC&M agreement only) DAJ ' RE-A RE-B ¨ PD€ ' MTCE iHEDS QI!M AUJi.UPV - IACT 'v WI' I I ---PAGE BREAK--- PARTIES STATE/LOCAL AGREEMENT CONSTRUCTION PROJECT NO. STP-7754(100) D STREET PATHWAY, MOSCOW LATAH COUNTY KEY NO. 09153 r/z THG AGREEMHT is made and entered into this day of by and between the IDAHO TRANSPORTATfON 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 Project No. STP-7754 (100) for federal participation in the costs of constructing D Street Pathway from Mountain View Road to Eisenhower Street by contract; and by force account with SPONSOR'S forces. Copies of the approved Request for Federal Aid on No-Bid Items of Work (Force Account) forms are attached hereto as Exhibit A. 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 is entered complying with certain provisions of in obtaining federal participation project. into for the purpose the Federal-aid Highway in the construction of of Act the 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. State/Local Agreement tC onstruction) D Street Pathway, A1oscow Key No. 09153 ---PAGE BREAK--- 3. The SPONSOR has obtained approval to perform work on this project under force account as shown on Exhibit A. Eligible items of work performed under force account by SPONSOR forces are to receive federal reimbursement. The SPONSOR will be responsible for all costs in excess of the federal participation. 4. The intent is to award the contract portion of the project, after advertising, on the basis of the successful low bid received, provided that it does not exceed the STATE'S estimate for cost of construction by more than ten (10) percent. 5. All informational, regulatory and warning signs, curb and pavement or other markings, and traffic signals required, 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. 6. 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 Uniform Traffic Control Devices as adopted by the STATE. 7. During construction, the latest edition of the STATE's Guide for Utility Management will be followed in all matters relating to utilities. 8. Should any dispute regarding this Agreement arise between the Parties hereto, the matter shall be referred to the State Highway Administrator or his duly authorized representative(s) whose decision regarding the controversy shall be final. 9. This State/Local Agreement upon its execution by all Parties, Agreement (Preliminary Engineering) Parties, dated April 19, 2004. (Force Account Construction) supplements the State/Local by and between the same 10. Checks for funds owed by the SPONSOR shall be made payable to the "Idaho Transportation Department", and mailed to the District Two Office at PO Box 837, Lewiston, ID 83501. 11. 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 2 State! Local Agreement (Construction) D Street Pathway, .t1oscow Key A'o. 09!53 ---PAGE BREAK--- 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 for the contract portion of the project, open bids, prepare a contract estimate of cost based on the successful low bid, and notify the SPONSOR thereof. 3. If the successful low bid does not exceed the STATE'S estimate for cost of construction by more than ten (10) percent, award a contract for construction of the contract portion of the project. 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 in accordance with the plans, specifications and estimates in the manner required by the 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. 3 Stale/Locctl Agreement (Constructionj D Street Pathway, Jfoscow Key Yo. 09153 ---PAGE BREAK--- 7. Upon completion of the force account work and notification thereof by the SPONSOR, as indicated in Section I I I, Paragraph 8, audit the SPONSOR'S records for compliance with State and Federal regulations, and arrange for federal reimbursement of all eligible costs by the Federal Highway Administration. 8. Notify the SPONSOR when construction engineering and inspection (CE&I) costs have reached approximately 85% of the estimated cost for CE&I. 9. Maintain complete accounts of all project funds received and disbursed, which accounting will determine the final project costs. 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 previously completed project. If no such outstanding balance exists, the excess funds will be returned to the SPONSOR. 11. The STATE reserves the right to terminate this Agreement at any time, upon written notice, in the event of any of the following contingencies: a. If the Project is abandoned or indefinitely postponed. b. If the SPONSOR'S services are, in the judgment of the STATE, unsatisfactory. c. If the SPONSOR fails diligence or fails to time limits specified extended. to execute complete herein the work with due the work within the or as subsequently 13. 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 State/Local Agreement (Construction) D Street Pathway, Jfoscow Key No. 09153 ---PAGE BREAK--- 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 FOUR HUNDRED FIFTY-NINE THOUSAND AND NO HUNDREDTHS DOLLARS ($459, 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. 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. 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 is significantly changed. 4. The SPONSOR will designate to act on the SPONSOR'S behalf order That authorized . . ' tzit R'8= 720c2 x&J. 5 an authorized representative regarding action on change representative's name is Phone No. Srate/Local Agreement (Construction) D Street Pathway, Mo.>·cow Key No. 1!9/53 ---PAGE BREAK--- 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 either of the statements referred to in Section II, Paragraphs 6 and 10, indicating an adjustment in costs against the SPONSOR, remit to the STATE a check or warrant in that amount. 7. Provide services with its own forces and equipment in accordance with the plans and specifications and as required by state and federal regulations. Equipment may be rented, but shall have prior approval of the STATE to be reimbursable. 8. Notify the STATE upon completion of the force account work as itemized on Exhibit A, and submit to the STATE all documents pertaining to such work, including billings for reimbursement of the labor, equipment, materials, and associated expenditures, in proper form and paid for by the SPONSOR. If no previous rates have been established by the SPONSOR, billings and payments for equipment owned and operated by the SPONSOR on this project will be based upon the Federal Emergency Management Agency ( FEMA) equipment rental rates. Rates for equipment not listed shall be approved by the STATE before any work is started. 9. Maintain the project upon its 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. 10. Maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the force account portion of the work, and make such materials available during the Agreement period and for three ( 3) years from the date of final payment under the Agreement, for 6 State/Local Agreement (Construction) D Street Pathway, Moscow Key No. 09/53 ---PAGE BREAK--- inspection by the STATE, Federal Highway Administration or any other authorized representatives of the Federal government, and copies thereof shall be furnished if requested. 11. Comply with Appendix A, Title 49 CFR, Part 21, attached hereto and made a part hereof. 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 negligence of the SPONSOR in the work which is the subject of this Agreement. 7 State/Local Agreement (('onstruction) D Street Pathv.:ay, ,ifoscow KeyXo. 09153 ---PAGE BREAK--- EXECUTION This Agreement is executed for the STATE by its Assistant Chief Engineer; 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 (SEAL) By on Regulae/Special Meeting lfg' hm: 9153 SLAConst. docx 8 IDAHO TRANSPORTATION DEPARTMENT A P PROVED BY: Engineer (Development) RECOMMENDED BY: CITY OF MOSCOW State: Local Agreement (Construction) lJ Street Patlnvay, Jfoscow Key No. 09153 ---PAGE BREAK--- APPENDIX A EXCERPTS FROM TITLE 49 CFR PART 21 During the performance of work covered by this Agreement, the City of Moscm-1 for itself, its assignees and successors in interest (hereafter referred to as the "SPONSOR"), agrees as follows: 1. 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, accoum:s, o-cher 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 wi-ch 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: 6. Withholding of payrnents to the SPONSOR until it has achieved compliance and/or Cancellation, termination or suspension of the contract, in whole or in part. Incorporation of the Provisions: The SPONSOR shall physically include this .;;.ppendix 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 subcontractor or procurement as the Idaho Transportat:ion Department or the Federal Highway Administration may direct as a means of enforcing tr.e 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 lit:igation to protect the interest of the United States. ---PAGE BREAK--- ··2395. 8-97 w REQUEST FOR FEDERAL AID • • ON NO-BID ITEMS OF WORK (FORCE ACCOUNT) (Reference FAPG 635-B) roiect No. STP-7754 (1 00) ocaUon Street . Work to be performed by City of Moscow Street Department Nature of work Furnish materials, labor and equipment to re-set sianaae and place pavement markings. Existing signs will >e utilized but posts will be replaced. Pavement markings will consist of centerline and shoulder striping together with turn >avs and bike path emblems. l. List of items to be furnished· undef' Force :Account . · · LABOR EQUIPMENT' · MATERIALS 1985 Bucket rraffic Technician I Trur.k Type E sign posts \.1aintenance Supv. LazyLiner 7hp 'Jiaintenance II Striper Paint Street Supt. Y. T. Pickup SUPPUES >[Indicate sourer; of Rental Rr>t#:.s) · . • · · . . . . . . . · . . . . 4. Were th<> above materials or supplies obtained throl!PA· competitive bidding process? 0 Yes 1251 No If ves:-indicate Protect No. Note: Materials and supplies vendors are determined bv periodic ohone auotes. Some or-Purchase Or.der No. mat<>rials and supplies to be used on this project mav be 'on-hand'. Date of:Purch'ase · Supplier 5. Cost Effectiveness Analysis · · · . . Unit price for the above items (No. 3) and basis for arrivinc at the total cost of work (or attach estimate) Traffic Technician- 27 hours @ $28.25/hr. $762.75 " City Maintenance Supervisor -5 hours@ $30.53/hr $152.65 of Moscow Maintenance II - 12 hours @ $24/hr $288.00 Finance Department Street Superintendent -4 hour @ $38.73 $154.92 Employee Records" 1985 Chevy, 2Ton Bucket Truck 23 hours@ $35.00 $805.00 A VISTA Corp. Rental Rate (2003) 1g99 Chevy, Y. Ton Pickup -10 hours@ $10/hr $100.00 Rental Company Quote Lazyliner 7hp paint striper - 4 hours @ $1 0/hr $ 40.00 Rental Company Quote Type E Sign Posts -21 @ $27/ea $567.00 FOB Delivery Cost Paint - 17.8 gal @ $7 .64/gal $136.17 FOB Delivery Cost TOTAL $3,006.49 EXHIBIT A ---PAGE BREAK--- ' i-2395. 8-97 . werse) NO-BID REQUEST FOR F,EDERAL AID ITEMS OF WORK(FQRQE ACCOUNT -continued ' . . " . . . - - 7bf Estimated cost includino work by contract. Indicate basis for estimate. lasis Comoarison 'urnish and install Tvoe E Sian Posts - 21 @ $225/ea $4,725 C.O. cost on Proi. STP-29001102) 'urnish and Install Type E Sian Posts- 21 @ $170/ea $3,570 Low Ava. Minimum lTD Unit Price List 'urnish and Install Pavement Markings- 6056'@ $0.09/ft. $ 545 2003 Pav't Markina Contract Moscow Furnish and Install Pavement Markings- 6056'