Full Text
PARTIES STATE/LOCAL AGREEMENT (CONSTRUCTION) STP-2900(102) BLAINE AVE TO MOSCOW ECL PATHWAY LATAH COUNTY KEY NO. 7654 THIS AGREENT is made and e?tered into this day of N viJ-t1 ' CJr!(f/ ' 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 Blaine Avenue to Moscow ECL Pathway, to consist of construction of a bicycle/ pedestrian path from Blaine Avenue to the Moscow east city limits, which has been designated as Project No. STP-2900 (102). 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. 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. - 1 - 2001-62 REGISTER DESIGN lftj@CjJ ---PAGE BREAK--- SECTION II. That the STATE will: 1. Not guarantee that federal funds herein sought are 2. 3. available or will be made available. In the event federal funds are unavailable, this Agreement is void. Enter into an Agreement with the Administration covering the federal rata share of construction costs. Federal Highway government's pro Advertise, open bids, prepare cost based on the successful SPONSOR thereof. a contract estimate of low bid and notify the 4. 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. 5. 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. 6. Provide to the SPONSOR sufficient copies of the Contract Proposal, Notice to Contractors, and approved construction plans. 7. 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. 8. Notify the SPONSOR when construction engineering and inspection (CE&I) costs have reached approximately 85% of the estimated cost for CE&I. ---PAGE BREAK--- 9. Maintain complete accounts received and disbursed, which the final project costs. of all project funds accounting will determine 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 returned. SECTION III. That the 1fO SOR,wil 1. Pay to the STATE before the 2 . amount of ggLARS ($24,000.60), 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 of 000. 00 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. Upon approval of the lowest qualified bid received, the SPONSOR'S share exceeds the amount set forth Section III, Paragraph 1, transmit to the STATE SPONSOR's portion of such excess cost. if in the 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 . The SPONSOR will designate an authorized representative to act the SPONSOR'S behalf regarding action on authorized ive' s name - 3 - ---PAGE BREAK--- 5. When change orders are submitted by the STATE for approval pursuant to Section II, Paragraph 7, 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 7 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 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, Part 21, attached hereto and made a part hereof. SECTION IV. 1. 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 83501-0837. 2. All information, regulatory and warning signs, pavement or other markings, 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. 3. 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 s as adopted by the STATE. - 4 - ---PAGE BREAK--- 4. The use and occupancy of the right-of-way of this project by utility facilities will be controlled by the STATE'S Policy for the Accommodation of Utilities Within Rights-of-Way of the Federal-aid Systems in the State of Idaho. SECTION V. 1. That 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 29, 1999 on Project No. STP- 2900 (102). - 5 - ---PAGE BREAK--- 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 by lTD Legal Counsel Patrick W. Fanning Deputy Attorney General July 24, 2001 ATTEST: Clerk (SEAL) By regular/s@9ial meeting jl /Jj on hm:7654 slaconst. doc IDAHO TRANSPORTATION DEPARTMENT APPROVED BY: (Development) RECOMMENDED BY: Roadwaf Design E gineer CITY OF MOSCOW - 6 - ---PAGE BREAK--- RESOLUTION NO. 2001-22 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO. WHEREAS, 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 construction of Blaine Avenue to Moscow ECL Pathway; and WHEREAS, the STATE is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction 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 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; and NOW THEREFORE, be it resolved by Mayor and Council of the City of Moscow, Idaho, as follows: 1. That the Agreement for Federal Aid Highway Project STP-2900(1 02) 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 Idaho Transportation Department. ---PAGE BREAK--- CERTIFICATION I hereby certifY that the attached is a true copy of a Resolution passed at a regular, dniy called meeting of the City Council, City of Moscow, held November 5, 2001 ---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: 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 1 96 4 as amended and Executive Order 1 1246. 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 Cancel1ation, tennination 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.