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Home My WebLink About2000 08-31 ( ( Meridian City Council Agenda August 31, 2000, at 7:30 P.M. City Council Chambers Roll-Call : X Tammy deWeerd X Cherie McCandless X Ron Anderson X Keith Bird X Mayor Robert Corrie AGENDA 1. Agreement with Idaho Transportation Department: State I Local Agreement for Five Mile Creek Pathway Project: Approved Meridian City Council Agenda - August 31, 2000 Page 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. / ( ( MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Thursday, August 31 ,2000 @ 12:00 P.M. Noon CITY COUNCIL CHAMBERS X Tammy deWeerd Ron Anderson Cherie McCandless Keith Bi rd Roll-Call : Mayor Robert Corrie AGENDA 1. Agreement with Idaho Transportation Department: State I Local Agreement for Five Mile Creek Pathway Project: tt?f70"1' R- c( Meridian City Council Agenda - August 31, 2000 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents or hearings, please contact the City Clerk's Office, 888-4433 at least 48 hOUrs Prior to the PUbliC meeting. ~ lAIt~ 1/ ~ ITO-liOO 11-94 ( (- IDAHO"'1'RANSPORT A TION DEl"' ARTMENT """. Department Memorandum DATE: AUGUST 25, 2000 Project No.(s): CM-0100(114) TO: BRUCE MACEWAN DISTRICT THREE Key No.(s): 5729 FROM: HOLLY MCCLURE ROADWAY DESIGN SECTION Project Identification: FIVE MILE CREEK PATHWAY MERIDIAN · RE: STATE/LOCAL AGREEMENT Bruce, enclosed are two originals, and a copy for your files, of the State/Local Agreement (Construction) for the above project. Legal has approved it. Please obtain the appropriate signatures from the City of Meridian, and then return both originals to me for further processing. If you have any questions, please give me a call at 8486e hm Enclosures cc: ACE(D) CAM RD - Collins TRAF, WIATT RD, W/A TT Cpy DISTRICT 3 fACT I INFO DIST. ENGR , POE PLANNER ADE(E) ~. ~ DESIGN ~ LOCA TION ENV MTLS RIW TRAFF Ie AOE(O) SFT'fITRAIN REG 1 2 3 4 MTCE SHOP MTCE FRMN MTCE SHEDS DBM SUPPLY DRI DP ACHD ~~ RECEIVED AUG 2 B 2000 DIST. NO 3 DNISION OF HIGHWAYS STATE/LOCAL AGREEMENT (CONSTRUCTION) CM-OIOQ(114) FIVE MILE CREEK PATHWAY, MERIDIAN ADA COUNTY KEY NO. 5729 PARTIES is made and entered into this 31 sp day of , ~C70 0, by and between the IDAHO TRANSPORTA ION DEPARTMENT, hereafter called the STATE and the CITY OF MERIDIAN, 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 Five Mile Creek Pathway, Meridian, to consist of a bicycle/pedestrian pathw~y along Five Mile Creek from Meridian to Linder, which has been designated as Project No. CM-OIOO(114). This agreement sets out the responsibilities of the parties in the construction and maintenance of the project. 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 I u. s. Code (Highways) and rules and regulations prescribed or promulgated by the Federal Highway Administration. SECTION II. That the STATE will: 1. Not 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 Administration covering the federal rata share of construction costs. Federal Highway government I s pro 3 . Advertise, open bids, prepare a contract estimate of cost based on the successful low bid and notify the SPONSOR thereof. ~ \:.~~! . ,(/U_ ( 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 SPONSORIS 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 monthly and final contract estimates and change orders, and submi t all change orders to the SPONSOR for their concurrence. If the SPONSOR'S share of any change order exceeds $1,000.00, the STATE will submit a statement to the SPONSOR indicating the amount owed by the SPONSOR. 8. Maintain complete accounts of all project funds received and disbursed, which accounting will determine the final project costs. 9 . Upon completion of the proj ect, 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. 10. Indemnify, save harmless and defend regardless of outcome the SPONSOR 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 STATE in the construction of the work which is the subject of this Agreement. SECTION III. That the SPONSOR will: 1. Pay to the STATE before the advertisement for bids, the amount of ONE HUNDRED ELEVEN THOUSAND AND NO HUNDREDTHS . ( .. r DOLLARS ($111,OOO.OO), 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 SPONSORIS previous deposit of $2, 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. 2. Upon approval of the lowest qualified bid received, if the SPONSOR I S share exceeds the amount set forth in Section III, Paragraph I, transmit to the STATE the SPONSOR1s 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. The SPONSOR will designate an authorized representative to act on the SPONSOR'S behalf regarding action on change orders. That authorized representative I s name vNt2- ~~k ecY~Qo--n~l'( 'b"Y~c---hv -3s 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, promptly 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 includesJ but is not limited to, preservation of the entire roadway surfacel shoulders, roadside cut and fill slopes, drainage structures I and such traffic control --3~ (;"' / \ {It;; ~ .i/-"i" ~ ~ :t.:. >. ~~'~' ,:.. ;...:: :':..:~j.~~ ,. :'='~~./ ;..::, - .~A.. . .,l.~..~'2: . ~: ~:t.-; :'40. ,.~:~. '....'~ .,. '.. >~.. /;.;.; ...,$..;i:. ...-<~ ~ .. :;;.: :. ~::.:'::: ~~ ;.: +.~ ..:. '....: ~.J. '.0:0. :.:"". ..-., . y. ~ devices as are necessary for its - safe and efficient utilization. Failure to maintain the proj ect 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. 9. 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. 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 Policv for the Accommodation of Utilities With.in Riqhts-of-Wav 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 December 23, 1993 on proj ect No. CM- 0100 (114)-. -4- < { (.....'....... I~.".~"'.... ~A,,"J',2i#. ~1\ ~f~~~'L;;;";:jL;!<';<l~t,.a~~~...ii:.~.a;7;'j,i;;~i:';;';;~i;"",;;".",.;r,. _ """.M<~,;;~,,.,.. ," ,_ '_~.. EXECUTION .,. '. '.~. ': .~ ...7'- f~ .~,;>;~.. ..".~. '.,. ~ 'h-"' - .. .i., .$. . ..... . J _ < . ,. . ':T ..,;: . .. .. 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 MERIDIAN. Approved by ITD Legal Counsel Steven M. Parry May 23, 2000 ATTEST: ( SEAL ) By on meeting 000 hm:S729 slaconst.doc IDAHO TRANSPORTATION DEPARTMENT APPROVED BY: Assistant Chief Engineer (Development) RECOfv1rv1ENDED BY: Roadway Design Engineer CITY OF MERIDIAN ay . \\ ,..HUUll1 "'11// . ~\.' of lft::"",_ II" "~x ~ ..-.....rmS/~ $'r~ ~ ''-'' ~ ~ , ~ ~ -~ ~ 2 ;. ~ ~ = SEAL = ~ - i"l'L # ff ~ -w .v(,~ ".D ~ ~~ '0 '~..j r lS"t 11 ~.$ .. ~/ ~ ..<"\ ~ .,.....~ 1"// 0f'\t .'~rr~ 'v \" ~, ~I~ t l' \' '/1, ,\\\ llfU~;:~ ~~i\\'\ -5- ~ : ( APPENDIX A EXCERPTS FROM TITLE 49 CFR PART 21 During the perfonnance of work covered by this Agreement, the City of Meridian 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 perfonned 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 fmn providing or proposing services based on race, color, religion, sex, national origin, age or non-jab-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-jab-related handicap. 4. Information and Reports: The SPONSOR shall provide all information and reports required by Regulations andlor 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: (a) Withholding of payments to the SPONSOR until it has achieved compliance and/or (b) Cancellation, termination 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 $1 0,000 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 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. ..- '. .. ,..,Me: 1..; .~,; ,->~.nfti"~""< ~.. r~'-~~iJJ:i~~w;,~(F-'."".. ~...wniw~.~~).~"'k~'>,~~~ r' : .. ('-- RESOLUTION WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of the STATE and the CITY OF MERIDIAN, hereafter called the CITY, for construction of Five Mile Creek 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: 1. That the Agreement for Federal Aid Highway Project CM-OIOO(114) 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. CERTIFICA TION I hereby certify that the above is a true copy of a Resolution passed at a regul applicable term) meeting of the City Council, City of Meridian, held on . ",Ul'UIl""'11 \\.\.1{ ".",;: I, , I ~~A' ~ ''';r~ (8 I) :,-' ,.... ' ~ ea ~v ~ ~ ~ ~ ~ ~ ~ = S _ SEAL , ~ R 2 ~ -'8 ~l' "'LO :: ~'C ."Sr lS~ ' ~ $ ""......... ~ ..<"\ ~ ....~ "'" ~ \"'" " ~~/I'> .....uU'NT'l. \\", IIJ ,\\ IltlJHi :1\"" J duly called sRecial (X-out non- , 2000. ,0..., ITD.1983 7-96 W 27 -132000-4 (' \... ~ i (r-~ Figure 515-01 LOCAL PUBLIC AGENCIES CERTIFICATE OF RIGHT-OF-WAY OF A FEDERAL-AID PROJECT PART A The proposed construction project did not require the acquisition of additional real property rights. _ Check here if Part A Pertains then skip to Part C and complete date/ signature area of form below. (If not applicable please complete Part Band Part C below) PARTB The proposed construction project required the acquisition of additional real property rights. There were -L ownerships involved and ~ relocations of persons as a result of said acquisitions. I hereby certify that all acquisitions and relocations, if any, were performed in accordance with OUI assurances to comply with state and federal laws and regulations related to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and amendments thereto. It is further certified that in all cases where the real property rights were obtained through donation, that the property owner(s) was fully informed of the right to receive just com pensation and the owner has released our agency from its obligation to appraise the property in'the event that the estimated value may exceed $2,500.00. PART C _ Check here if there is no utility involvement on this project. /' Check here if arrangements have been made to coordinate the relocation of any/all utility facilities. Date: &IInU,ClI~ Attest: --- .... : ~,( - 4f . .. ~ l '\ , , ~ '.~ ~ . \ . , ) - t ~ ~ " · r ., '. , ,t I ~ : "'J 0 I <2: o , . 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QJ ~ MAYOR Robert D~ Come ( HUB OF TREASURE VALLEY A Good Place to Li ve ( LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 PUBLIC WORKS BUILDING DEPARThfENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING DEPARTh1ENT (208) 884-5533 · Fax 888-6854 CITY COUNCIL MEMBERS Ron Anderson Kei th Bird Tammy deWeerd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887 -4813 City Clerk Office Fax (208) 888-4218 NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at Meridian City Hall, 33 East Idaho, Meridian, Idaho, on Thursday I August 31 st, 2000 at 12:00 PM Noon. The City Council will meet to discuss and approve an agreement with the Idaho Transportation Department for State I Local Construction Agreement for the Five Mile Creek Pathway Project. The public is welcome to attend. DATED this 29th day of August, 2000. SEAL ;? &' 2 ~ ~ ,QJ ...0 2 %"c "l_~3r 15\ · ~;- """'''1. ~~ '" ;" a " /" OU.~ f'or"' ( " 1>)/ ~\; 1- i 't \\\\' 'Ilt:.: 1:~i'" (/-- ( CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT 11 W Bower, Meridian, 10 83642 Phone: (208) 888-3579 Fax: (208) 898-5501 ~~~~~~~~~~iiijiii~~mtlit.J~i~~ 4380868 ~~~~~~~~~~~~~~~~~~~~III~~If:jiilJ~j 08/30/2000 ~~~~~~~~~i~~~~~~~~leii_~~ill~ Tom To: Idaho Transportation Dept. Meridian City's portion of the 01-5200-93401 $111 ,000.00 5-Mile Creek Pathway project TOTAL $111 ,000.00 0-30--00 Date: rw)o - OZ/ Date: (- . CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT 11 W Bower, Meridian, 10 83642 Phone: (208) 888-3579 Fax: (208) 898-5501 ~~~~~~~~~~lIiiiiiijjgt.a!t~~i~~ 4380868 j~~I~Iljj~j~jjlirA~~If:jirl!~j 08/30/2000 j~~~~~~~~~~~~~~~~~~ll.Iii_~~jai~~ Tom To: Idaho Transportation Dept. 10 ~~~~~Ij~j~j~~~~~~~~~~~~~~~Ij~jjj~jt~Ijjj~j~I~~~~~~j~~~1.~~~~~~~~~j~~~~~j~j~jlj~~~~~~~~~~~j~j~j~jjjj~~jjj~Ij~~~~lI1mj ~~~~~j~I~j1~1~1~~~llIlliiBlf1~~~~~~~j~~~~~~~~~j~~ j~j~j~1j~Ij1jSQ9gINltfjjjjljljj1j1~1jj ~mf!limj~g.lm~ Meridian City' 5 portion of the 01 -5200~93401 $1 1 1 ,000.00 5..Mile Cree k Pathway project TOTAL $1 1 1 ,000.00 o __ 3"-' -- Co Date: Approved By: Date: