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HomeMy WebLinkAboutState/Local Agreement for Construction of W Pine AveSTATE Of IDAHO 4~'AT 6~ O JOHN V.EVANS ~ GOVERNOR yu ~ IOAHO TRANSPORTATION BOARD eA Qq CARL C.MOORE-CHAIRMAN ~>E o~~ TRANSPORTATION DEPARTMENT LLOYD F. BARRON-VICE CHAIRMAN ROY I. STROSCHEIN -MEMBER DARRELL V MANNING DIRECTOR P.O. BOX 7129 BOISE, IDAHO 83707 May 22, 1978 The H®norable Don M. Storey Mayor of Meridian 728 Meridian Street Meridian, ID. 83642 sos-aloo O ~ c.2) West Pine Avenue Meridian Dear Mayor Storey: Enclosed is the. City's copy of the-State/Local Agreement for Construction coeering the above project, which has been duly executed by the State Highway Administrator. Sincerely,. f ~• HILLIP MARSH, P.E. Local Roa s Supervisor fdn Encl. SAfE TRANSPORTAT/ON ,MEANS PR06RESS EQUAL OPPORTUNITY EMPLOYER DH=1841 7-74 RESOLUTION - ,d;,, .~ der ~b WHEREAS, the Idaho Transportation Department, Division of Highways, hereinafter called the State, has submitted a Cooperative Agreement stating ob- ligations of the State and the City of Meridian. Idaho, for the .construction of 1.0 mile of West Pine Avenue between Meridian Street and Linder Road in the City of Meridian, under Federal Aid Project SOS-0.100(1)& (2); 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 par- ticipation in the costs; and WHEREAS, certain functions to be performed by the State involve the expenditure of funds as set forth in the Cooperative Agreement; and WHEREAS, the State cannot pay for any work not associated with the State Highway System; and WHEREAS, the City is fully responsible for all 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 Cooperative Agreement for Federal Aid Highway Project SOS -0100 (I ) & ( 2 ) i s hereby approved 2. That the Mayor and the City Clerk are hereby ,authorized to e~ecut2 the Cooperative Ryreement on behalf of the City. 3. That .duly certified copies of the resolution shall be furnished the Idaho Transportation Department, Division of Highways.. CERTIFICATION "~ .hyr~hy cerkify that the above is- a tyre -copy of a Resolution passed at a , ~-' ~ "` re~~~lar, duly" called special (X out nor-applicable term) meeting of the City Cou~idi"l; Meridian Idaho, held on ~- ~ ~ 19~~'. __ `- -. L--- -~~ ~- c;ty cl k (SEAL) ~~'~ STATE/LOCAL AGREEMENT FOR CONSTRUCTION SOS-0100(1)°& (2) WEST PINE AVENUE MERIDIAN'- THIS AGREEMENT,' Made and entered into this" ~~~~ day of , 19~, by and between the IDAHO TRANSPOR AT DEPARTMENT, DIV'ISI'ON OF HIGHWAYS, hereinafter called the State"; ADA COUNTY HIGHWAY DISTRICT, acting by and through its Board of Commissioners, hereinafter called the "Sponsor"; and the CITY OF MERIDIAN, acting by and through its Mayor and Council, hereinafter called the "City". WITNESSETH: WHEREAS, the Sponsor has requested the State to program a project for Federal participation in the construction costs of a section of West Pine Avenue between Meridian Street and Linder Road in the City of Meridian, to consist of grading, drainage, bas e,plantmix, curb-gutter and sidewalk, which has been designated as Project No. SOS-0100(1) & (2). NOW, THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by each as here- inafter set forth, the Parties do hereby agree as follows: SECTION I. That this Agreement is entered into for the purpose of complying with certain provisions of the Federal Aid Highway Act in obtaining Federal-aid Highway funds participation in the construction of the project. SECTION II. 1. Th.e Sponsor-'.~--preliminary protect cost is $123,000. The ,actual be determined from the total quantiti~ or computation of the classes of work cost of engineering and contingencies work. estimated share of the cost to the Sponsor will ~s obtained by measurement performed plus the actual required to complete the 2. It is the intent to award the contract, after adver- tising, on the basis of the successful low bid received, provided that it does not exceed the State's, estimate, of cost of construc- tion by more than ten percent (10$). 3. Federal participation in the costs of the project will be governed by the applicable section of Title 23, U.S. Code (.Highways) and rules and regulations prescribed or pro- mulgated by the Federal Highway Administration (FHWA). SECTION III. That the State will: 1. Enter into an agreement with the FHWA covering the Federal Government's pro rata share of construction costs. 2. Advertise, open bids, prepare a of cost based on the successful low bid and thereof. 3. Award a contract for constructi~ based on the successful low bid, if it does State's estimate of cost of construction by contract estimate notify the .Sponsor ~n of the project, not exceed the more than ten percent 4. Obtain the concurrence of the Sponsor before award- ing the contract, if the Sponsor's share of the cost, computed by including the contract estimate, exceeds the amount set forth in Paragraph 1, Section II. 5. Provide to the Sponsor a copy of: the Contract Pro- posal, Notice to Contractors, and approved construction plans. 6. Designate a resident engineer and other personnel, as the State deems necessary, to supervise and inspect construc- tion in accordance with the plans, specifications and estimates in the manner required by applicable State and Federal Regula- tions. This engineer, or his authorized representatives, will prepare all monthly and final contract estimates and change orders. 7. Maintain complete accounts of all project funds received and disbursed, which accounting will determine the final project costs. 8. Upon completion of the project, after all costs have been accumulated and the final voucher aid_by._ the_ FHWA~,,roravide a statement to the Sponsor summarizing t e 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 to the Sponsor. SECTION IV. That the Sponsor will: 1. Prior to the advertisement for bids, remit to the State a check or warrant in the amount of ONE HUNDRED TWENTY THREE THOUSAND AND NO/HUNDREDTHS DOLLARS ($123,000.00). -2- t 2. Upon approval of the lowest qualified bid received, if the Sponsor's share exceeds the amount set forth in Para- graph 1, Section IV, transmzt to the State, Sponsor's portion of such excess cost. ^ 3. .Authorize-the State to administer the project and to 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 speci- fications to such~a degree that the costs will be increased or the nature of the completed work significantly changed. 4. Upon receipt of the statement referred to in Para- graph 8, Section III, indicating. an adjustment in cost against the Sponsor, promptly remit to the State a check or warrant in that amount. 5. Maintain the project upon completion to the satis- faction 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. If the project is ilot maintained satisfactorily, the State will notify the Sponsor of the unsatisfactory condi- tions and should the Sponsor fail and refuse to remedy the con- ditions within 90 days after receipt of the notice, Sponsor agrees that the State may then proceed to maintain and/or make repairs on the project at the cost and expense of the Sponsor. Sponsor agrees to reimburse the State when presented with a statement showing the costs of maintenance and/or repairs. 6. Further agrees to indemnify the State and hold it harmless against any and all 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 V. That the City: :; r -,._.~.~ .~,, _ .. -~,. rt,. _. _ . _ - . _ _ 1. Hereby approves the attached plans entitled: Exhibit "A", Project No. SOS-0100(1)&(2) 2. Will relocate or adjust-fire hydrants, connecting pipes and associated valves and meters as designated on Exhi- bit "A". 3. Further agrees to indemnify the State .and hold it harmless against any and .all suits, actions, claims, or losses of every kind, nature and description, including costs, expenses -3- .s and attorney fees that may be incurred by reason of any act or omission, neglect or misconduct of the City of Meridian. in the design, construction and maintenance of the work which is the subject of this Agreement. SECTION VI. 1. .All informational, regulatory and warning signs, curb and pavement or other markings, and traffic signals required,, the cost of which if not provided for in the plans and estimates, must be erected at the sole expense of the Sponsor upon the com- pletion 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 Right of Way of the Federal Aid Systems in the State of Idaho.' SECTION VII. 1. That this State/Local Agreement for Construction upon its execution by each Party, supplements the State/Local Agreement for Preliminary Engineering by and between the State and Sponsor dated 11 August, 1975 on the said Pine Street (Meri- dian), designated as Project No. OS-0100(1). The Sponsor represents that its Board of Commissioners is authorized by propeX resolutions to enter into this Agree- ment, the City represents that its Mayor is authorized by pro- per resolutions to enter into this Agreement, and the State re- presents that the IDAHO TRANSPORTATION BOARD has authorized the Administrator, Division of Highways, to enter into this Agree- ment. -4- . ~ ~ IN WITNESS WHEREOF, the State has caused these presents to be executed by its Administrator, Division of Highway, attested to by his Secretary, and the Seal of the IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF HIGHWAYS, affixed thereto; the Sponsor has caused these presents to be executed by the Board of Commis- sioners, attested to by its Secretary, and its corporate Seal affixed thereto, and the City has caused these presents to be executed by the Mayor, attested to by the City Clerk, and its cor-~sor`a.te ~.eal affixed thereto . 'TEST y - ._ S~retary -- .. ,, IDAHO TRANSPORTATION DEPARTMENT DIVISION OF HIGHWAYS State Highway Administrator SEAL) APPRO AS 0 FORM: _Deputy Attorney General - `~ Transportation ADA COUNTY HIGHWAY DISTRICT P_~ESTt~-C~ BOA D OF COMMI SIGNERS /, -'- _.r- - ~-~ .-~ ~.r ~ Socre ~ _. _ ~ tEE~+) ~ Q Gr~~ G'i ~ ~ ~-C-«--,...~ ATTEST : ; - CIT F MERIDIAN Cle Ma or (SEAL=) _ _ _ ~ _- -5-