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COOPERATIVE AGREEMENT NH-4114(062) MOSCOW COUPLET, SOUTH CONNECTION KEY NO. 2483 ROADWAY DESIGN REGISTER NO. - PARTIES THIS AGREEMENT is made and entered into this day of !99f, by and between the IDAHO TRANSPORTATION DEPARTMENT, hereafter called the STATE, and the CITY OF MOSCOW, hereafter called the CITY. PURPOSE The parties wish to establish the terms for the design, construction and maintenance of the CITY's sanitary sewer line, water line, curb and gutter, and sidewalks to be located in a section of US 95 on the STATE's Project No. NH-4114(062), Moscow Couplet, South Connection, in the City of Moscow, and other work associated with the University of Idaho's Sweeet Avenue Blvd. Project, all as described in the attached Exhibit A, and as shown on the final construction plans. Authority for this Agreement is established by Section 40-317 of the Idaho Code. The Parties agree as follows: SECTION I. That the STATE will: I. Assume no responsibility for the timely performance of this agreement. 2. Perform all surveying, engineering, and design activities related to Project No. NH-4114(062). 3. Review for compatibility the plans provided by the CITY for their sanitary sewer line, water line, curb and gutter, and sidewalks to be installed on the project. 4. Advertise for the of the project, including the CITY's work, open bids, prepare a contract estimate of the cost based on the successful low bid, and notify the CITY thereof. 5. Award a contract for construction of the project based on the successful low bid, if it is not over ten (I 0) percent above the estimate for cost of construction. 6. Provide to the CITY a copy of the Contract Proposal form, Notice to Contractor, and approved construction plans. 99-19 ---PAGE BREAK--- 7. Assume its share of all construction and engineering costs for the project, excepting items stated hereafter as obligations of the CITY. 8. 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, specifications and estimates in the manner required by applicable State regulations. This engineer, or his authorized representatives, will prepare all and final contract estimates and changes orders, and will bill the CITY for its share of the costs of inspection and supervision directly related to the sanitary sewer line at completion of the project. 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 bid and change order costs have been accumulated, provide a statement to the CITY summarizing the bid and actual costs for the CITY's work, indicating an adjustment for or against the CITY. II. Indemnify, save harmless and defend regardless of outcome the CITY from expenses of and against suites, 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 STATE in the construction of the work. SECTION II. That the CITY will: I. Provide to the STATE a copy of the plans for the CITY's sanitary sewer line, water line, curb and gutter, and sidewalks. 2. 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 CITY 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 CITY's share of the costs or the nature of the completed work will be increased significantly. 3. Pay to the STATE prior to advertisement for bids the amount of THREE HUNDRED FORTY-THREE THOUSAND FIVE HUNDRED SEVENTY AND NO HUNDREDTHS DOLLARS ($343,570.00) for the construction of the CITY's work as described in Exhibit A. 4. Upon notification by the STATE of the lowest qualified bid received, if the CITY's share exceeds the amount set forth in Section II, Paragraph 3, transmit to the STATE the CITY's share of the excess cost. 2 ---PAGE BREAK--- 5. Upon receipt of the statement referred to in Section I, Paragraph 10, indicating an adjustment in cost against the CITY, remit to the STATE a check or warrant in that amount. 6. Comply with all pertinent sections of the STATE's Standard Specifications for Highway Construction in accomplishing all future trench backfill and pavement repairs on the state highways within the project limits. 7. Obtain concurrence of the STATE before installing or constructing any new, or relocating any existing sidewalk or any existing water, storm sewer, sanitary sewer or other facilities on the state highways within the project limits. 8. Upon acceptance of the completed project, maintain at its own expense the sanitary sewer line, water line, curb and gutter, and sidewalks to be installed within the project limits of Project No. NH-4114(062), Moscow Couplet, South Connection, and the work associated with the University of Idaho's Sweet Avenue Blvd. project, all as described in Exhibit A. 9. Indemnify, save harmless and defend regardless of outcome the STATE from expenses of and against suites, 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 CITY in the perfonnance of the work under this agreement. SECTION III. All parties agree as follows: I. That this Agreement shall become effective on the first date mentioned above, and shall remain in full force and effect until amended or replaced upon the mutual consent of the STATE and the CITY. 3 ---PAGE BREAK--- EXECUTION This Agreement is executed for the STATE by its Chief Engineer; and executed for the CITY by the Mayor, attested to by the City Clerk, with the imprinted corporate seal of the CITY OF MOSCOW, ATTEST: ATTEST: hm:2483 coop.doc IDAHO TRANSPORTATION DEPARTMENT APPROVED J21Jief Engineer RECOMMENDED BY: 4 ---PAGE BREAK--- RESOLUTION 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 Moscow Couplet, South Connection; 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: I, That the Agreement for Federal Aid Highway Project NH-4114(062) 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. CERTIFICATION I hereby certify that the above is a true copy of a Resolution passed at a refl}ar, duly called special (X-out non-applicable term) meeting of the City Council, City of Moscow, held on f£i1:§Z.uAfly l& , 199f.'1 l.J City Clerk