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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. -3- 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) . -4- 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 -5-