HomeMy WebLinkAbout1997-002 Hawthorne/Siphon Intersection RESOLUTION ~2 9'/
WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has
submitted an Agreement stating obligations of the STATE and the CITY OF CHUBBUCK,
hereafter called the CITY, for construction of Int. Hawthorn & Siphon Roads, Chubbuck; 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 STP-7031 (100) 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 tree copy of a Resolution passed at a regular, d~t~2cv, Yaxt
~mal~x~K,,~l~.~d~i~~ meeting of the City Council, City of Chubbuck, held on
~A¥ 27, ,1997.
City Clerk
STATE/LOCAL AGREEMENT
(CONSTRUCTION)
STP-7031 (100)
INT. HAWTHORN & SIPHON ROADS, CHUBBUCK
BANNOCK COUNTY
KEY NO. 5411
PARTIES
THIS AGREEMENT is made and entered into this day of
, 19__, by and between the IDAHO TRANSPORTATION
DEPARTMENT, hereafter called the STATE and the CITY OF CHUBBUCK,
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 Int. Hawthorn
& Siphon Roads, Chubbuck, to consist of constructing a retaining
wall, box-culvert, guardrail, plant-mix pavement, and irrigation
structures, which has been designated as Project STP-7031(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 pro
rata share of construction costs.
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 monthly 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 THOUSAND TltREE R73NDRED T~IRTY-EIGHT AND
NO RT~NDREDT~S DOLLARS ($5,338.00), 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 $3,000.00 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.
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, promptly 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. Ail 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.
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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 Riqhts-of-Way of the Federal-aid Systems in tho
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 March 3, 1994 on Int. Hawthorn &
Siphon Roads, Chubbuck, designated as Project STP-
7031(100) .
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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 CHUBBUCK.
IDAHO TRANSPORTATION DEPARTMENT
APPROVED BY:
Chief Engineer
APPROVED: RECOMMENDED BY:
Legal~ounse~ Local Roads Engineer
ATTEST: ~~
City Clerk $4ayor
(SEAL)
By~~specia_l_ meeting
on~--~F/~ ~$: Iqq'7 .
hm:5411 sla con.doc
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