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PARTIES STATE/LOCAL AGREEMENT (CONSTRUCTION) STP-CM-2900(100) RAYBURN STREET TO MAIN STREET, LATAH COUNTY KEY NO. 5522 MOSCOW LOCAL ROADS Register## 3h g 2 THIS AGREEMENT is made and entered into this 7th day of August , 19_95., 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 Rayburn Street to Main Street in the City of Moscow, to consist of furnishing labor and materials to build a pedestrian and bike path 12 feet wide with plantmix pavement and a 12 foot by 55 foot prestressed concrete bridge, which has been designated as Project STP-CM- 2900 (100) . The Parties agree as follows: SECTION I. 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 construction 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. SECTION II. That the STATE will: 1. Assume no responsibility for the timely performance of this Agreement and in no way guarantee that federal funds herein sought are available or will be made available. In the event federal funds are unavailable, this Agreement is void. 2. Enter into an Agreement with the Federal Highway Administration covering the federal government•s share of project costs. On this project, the f ederal share of 95-66 ---PAGE BREAK--- project costs shall be 80.00% or $257,600, whichever is less. 3. Advertise, open bids, prepare a contract estimate of cost based on the successful low bid and notify the SPONSOR thereof. 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 in accordance with the plans, specifications and estimates 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. 8. Maintain complete accounts of all project funds received and disbursed, which accounting will determine the final project costs. 9. 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 SPONSOR will: 1. Pay to the STATE before the advertisement for bids, the amount of THIRTY-THREE THOUSAND AND NO HUNDREDTHS DOLLARS ($33,000.00), which is the SPONSOR'S estimated share of the cost for construction plus preliminary and construction engineering by the STATE, and after deducting credit for the SPONSOR'S previous deposit of $500.00 as applies to Preliminary Engineering. The ---PAGE BREAK--- actual cost to the SPONSOR will be determined from the total quantities obtained by measurement or computation of the classes of work performed plus the actual cost of engineering and contingencies required to complete the work. 2. Upon approval of the lowest qualified bid received, if the SPONSOR'S share exceeds the amount set forth in Section III, Paragraph l, 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 will be significantly changed. 4. Upon receipt of the statement referred to in Section II, Paragraph 9, indicating an adjustment in cost against the SPONSOR, remit to the STATE a check or warrant in that amount. 5. Maintain the project upon completion to the satisfaction of the STATE . 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. 6. Indemnify, save harmless and defend regardless of outcome the STATE from the 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 act or omission, neglect or misconduct of the SPONSOR or its consultant in the design, construction and maintenance of the work which is the subject of this Agreement. The SPONSOR shall defend and indemnify the STATE and its employees for all claims and losses arising out of the STATE'S duty of supervision and inspection of the project. SECTION IV. 1. 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 - ---PAGE BREAK--- 2. 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. 3. 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 (Preliminary Engineering) by and between the same parties, dated 21 April 1993 on Rayburn Street to Main Street, Moscow, designated as Project CM-2900(100). ---PAGE BREAK--- EXECUTION This Agreement is executed for the STATE by its 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. IDAHO TRANSPORTATION DEPARTMENT APPROVED BY: Ch f En eer APPROVED: RECOMMENDED BY: ATTEST: CITY OF MOSCOW (SEAL) By reg_}l lare? me ng on 4---L2.7-S · hm:C:\LIB\AGRMENT\5522SLA. CON ---PAGE BREAK--- RESOLUTION NO. 95-11 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, SUPPORTING AN AGREEMENT BETWEEN THE IDAHO TRANSPORTATION DEPARTMENT AND THE CITY OF MOSCOW FOR CONSTRUCTION OF A BIKE PATH FROM RAYBURN STREET TO MAIN STREET. WHEREAS, the Idaho Transportation Department, Division of Highways, hereafter called the STATE, has submitted an Agreement stating obligations of the State and the City of Moscow, Idaho, hereafter called the CITY, for the construction of a bike path from Rayburn Street to Main Street; 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 WHEREAS, it is intended that the project shall be developed and constructed so as to receive federal participation; NOW, THEREFORE, BE IT RESOLVED: 1. That the Agreement for Federal-Aid Highway Project STP-CM-2900(100); Key 5522 Rayburn Street to Main Street 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 the Idaho Transportation Department, Division of Highways. ---PAGE BREAK--- PASSED by the City Council and APPROVED by the Mayor this 7th day of August, 1995. c-4ZC2 Paul C. Agidius, Mayor ' ATTEST: # Elaine RusseliitY Clerk"""- CERTIFICATION I hereby certify that the above is a true copy of a Resolution passed at a regular meeting of the City Council, Moscow, Idaho, held on August 7, 1995 . Elaine Russell, · ity Clerk ---PAGE BREAK--- TRANSPORTATION DEPARTMENT PO. BOX 7129 August 25, 1995 The Honorable Mayor and Council City of Moscow P.O. Box 9203 Moscow, Idaho 83843 Attn: Gary Presol, PE/LS BOISE, 10 Project: STP-CM-2900(100); Key 5522 Rayburn Street To Main Street, Moscow Dear Mayor and Council: 83707-1129 (208) 334-8000 Here for your file is a copy of the fully executed original of the State/Local Agreement (Construction), covering the financing, construction, and future maintenance of the Rayburn Street To Main Street, Moscow, project. The agreement has been endorsed by this Department. Sincerely, J F. COLLINS, P.E. t Roads Engineer JFC:dbt:slagcn2.let Encl. - An Equal Opportunity Employer -