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STATE/LOCAL AGREEMENT (CONSTRUCTION) STP-M-7564(005) lOCAl ROADS Reg1ster * 3 5 IS STREET, FARM ROAD TO LINE STREET, MOSCOW LATAH COUNTY KEY NO. 3548 PARTIES THIS AGREEMENq J: made and entered into this J day of OC..Io \S.G-L , 19 , by and between the IDAHO TRANSPORTATION DEPARTMENT, hereafter called the STATE and the CITY OF MOSCOW, hereafter called the SPONSOR. PURPOSE The SPONSOR has requested the STATE to program a project for federal participation in the costs of constructing approximately 0.5 miles of 1 A11 Street between Farm Road and Line Street in the City of Moscow, to consist of grading and drainage; Plant Mix Pavement; seal coat and right-of-way, which has been designated as Project STP-M-7564(005). 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 pro rata share of construction costs (92. 66 percent). 3. Advertise, open bids, prepare a contract estimate of cost based on the successful low bid and notify the SPONSOR thereof. - 94-73 ---PAGE BREAK--- . ' . . SECTION II. (Cont.) 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 FIVE HUNDRED TWENTY THOUSAND AND NO/HUNDREDTHS DOLLARS ($520, 000), 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 000. 00 as applies to Preliminary Engineering. The 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 1, transmit to the STATE the SPONSOR's portion of such excess cost. ---PAGE BREAK--- , ' r I ' • t" > SECTION III. (Cont.) 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. 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 Riohts of-Way of the Federal-aid Systems in the State of Idaho. ---PAGE BREAK--- . ' \ . 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 parties1 dated 18 April 1985 on 1 A11 Street (Line to Jackson) designated as Project M-7564(004). EXECUTION This Agreement is executed for the STATE by its State Highway Administratori and executed for the SPONSOR by the Mayor/ attested to by the City Clerk1 with the imprinted corporate Seal of the CITY OF MOSCOW. APPROVED AS TO FORM: IDAHO TRANSPORTATION DEPARTMENT APPROVED BY: A n - ATTEST: (SEAL) By secial ting on . I 9, . hm:3548sla. con RECOMMENDED BY: ocal Roads Eng1neer CITY OF MOSCOW ---PAGE BREAK--- TRANSPORTATION DEPARTMENT P.O. BOX 7129 BOISE, ID 83707-1129 October 12, 1994 The Honorable Board of Commissioners City of Moscow P.O. Box 9203 Moscow, Idaho 83843 2081334-8000 _ PROJECT: STP-M-7564(005), Key No. 3548, Street, Farm Road To Line Street, Moscow Dear Commissioners: Here for your file is a fully executed original of the State/Local Agreement (Construction), covering the financing, construction, and future maintenance of the Street, Farm Road To Line Street project. The agreement has been endorsed by this Department. Sincerely, flc: N E. WANAMAKER, PE/LS Local Roads Supervisor JW:DBT:3548slc2.let Encl. - An Equal Opportunity Employer - _