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HomeMy WebLinkAbout1993-003 I-86/Chubbuck Interchange RESOLUTION ~3-93 R~i~er~ WHEREAS, the Idaho Transportation Department, hereafter called the State, has submitted an Agreement stating obligations of the State and the City of Chubbuck, Idaho, for the construction of enhancements to the Chubbuck Interchange on Interstate Highway 86; and WHEREAS, the State is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of enhancements 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 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 Agreement for Federal-Aid Highway Project STP-86-2(012)61 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 by the Idaho Transportation Department. CERTIFICATION I hereby certify that the above is a true copy of a Resolution passed at a regular, duly called special (X-out non-applicable term) meeting of the City Council, Chubbuck, Idaho, held on 27th. APRIL , 1993 . ~ ~ ~. City Clerk ~SEAL~, COOPERATIVE AGREEMENT STP-86-2(012)61, KEY 5544 CHUBBUCK I.C. LANDSCAPING CITY OF CHUBBUCK PARTIES THIS AGREEMENT is made and entered into this 27th. day of April , 1993, by and between the ID]tHO TRANSPORTATION DEPARTMENT, hereafter called the STATE, and the CITY OF CHUBBUCK, hereafter called the CITY. PURPOSE The Parties agree that it is in the public interest to landscape a portion of Interstate Highway 86 Interchange within the CITY'S corporate limits, which improvements are to be made in accordance with the preliminary concept for Federal-Aid Highway Project STP-96-2(012)61, marked Exhibit "A", attached to and made a part of this Agreement. Authority for this Agreement is established by Section 40-317 of the Idaho Code. 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-aid to construct the project. 2. By entering into this Agreement, the STATE does not guarantee that federal-aid is available now or in the future. In the event federal-aid is unavailable, this Agreement is void. SECTION II. Definition of Project Limits: 1. Where used in this Agreement, the term "Project Limits" shall mean the boundaries of that part of the state highway and local streets within the CITY, to be enhanced in accordance with Exhibit "A", which boundaries are the right-of-way lines inclusive of easements. SECTION III. That the STATE will: 1. Program the construction of the project and execute all necessary agreements with the Federal Highway Administration, securing the federal government's pro rata participation in the eligible construction costs. 2. Advertise for the construction of the project, open bids, prepare a contract estimate of cost based on the successful iow bid and notify the CITY thereof. 3. Award a contract for construction of the project based on the successful low bid, if it is not over ten (10) percent above the estimate for cost of construction. 4. Obtain the CITY'S concurrence before awarding the contract, if the bid on the CITY,S participating contract items exceeds the preliminary estimate by ten (10) percent. 5. Provide to the CITY a copy of: Contract Proposal form, Notice to Contractors and approved construction plans. 6. Assume its share of all construction and engineering costs for the project, including grading, waste disposal, drainage, landscaping, irrigation system, utility adjustments, other traffic control and miscellaneous items necessary to complete the work, excepting items stated hereafter as obligations of the CITY, in accordance with Exhibit "B", attached hereto and made a part of this Agreement. 7. 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 and federal regulations. This engineer, or his authorized representatives, will prepare all monthly and final contract estimates and change orders. 8. In cooperation with the CITY, establish and cause to be maintained all construction traffic controls deemed necessary to best serve the public interests and to expedite the work. 9. Cause to be replaced to original, equal or better condition any existing sidewalks, curb and gutter, pavement, regulatory signs, sewer facilities, and other similar items, except as hereafter stated as obligations of the CITY. 10. Permit the CITY to retain, maintain, connect to and improve all existing city-owned water, storm sewer, and sanitary sewers now in place on the state highway right-of-way. 11. Maintain complete accounts of all project funds received and disbursed, which accounting will determine the final project costs. 12. 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 CITY summarizing the estimated and actual costs, indicating an adjustment for or against the CITY. Any excess funds transmitted by the CITY and not required for the project will be returned. SECTION IV. That the CITY will: 1. Provide project plans and specifications according to State guidelines for the Chubbuck Interchange enhancement. 2. Authorize the STATE to administer the CITY'S portion of 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 will be increased or the nature of the completed work is significantly changed. 3. Immediately following the completion of the plans and specifications, provide the STATE with documentation of actual costs of producing the plans and specifications including all related administrative costs. The actual costs up to a maximum of THIRTY THOUSAND AND NO/HUNDREDTHS DOLLARS ($30,000.00) will then be deducted from the amount of the CITY,S share of the project. 4. Provide to the STATE, before the start of construction, FORTY THOUSAND AND NO/HUNDREDTHS DOLLARS ($40,000.00) less the actual design engineering costs not to exceed THIRTY THOUSAND AND NO/HUNDREDTHS DOLLARS ($30,000.00) as specified in SECTION IV, Paragraph 3, which is the CITY'S estimated share of cost for Project STP-86-2(012)61, as itemized on Exhibit "B". 5. Upon approval of the lowest qualified bid received, if the CITY'S share exceeds the amount set forth in Section IV, Paragraph 3, transmit to the STATE the CITY,S share of such excess cost. 6. Upon receipt of the statement referred to in Section III, Paragraph 12, indicating an adjustment in cost against the CITY, promptly remit to the STATE a check or warrant in that amount. 7. Cooperate with the STATE in selection and designation of suitable construction traffic control during project construction. 8. Assume all operation and maintenance responsibilities and the costs thereof, and will maintain the vegetation in a healthy condition, adequately watered with the landscaped area including all materials and labor for replacement plants, grass and irrigation system as adopted by the STATE. If the CITY fails at any time to maintain the landscaping as required, the necessary maintenance will be done by the STATE and the CITY agrees to reimburse the STATE for all costs so incurred. 9. Comply with all pertinent sections of the STATE'S Standard Specifications for Hiqhway Construction on all future trench backfill and pavement repair on the State highway within the project limits. 10. Obtain concurrence of the STATE before planting or permitting the planting of any trees, shrubs, flowers or other vegetation on the State highway right-of-way within the project limits. 11. Maintain, erect or install within the project limits only 3 those traffic control devices, including signs, that are in conformance with the Manual of Uniform Traffic Control Devices for Streets and Hiqhways, as adopted by the STATE. 12. Comply with all pertinent sections of the STATE,S Standard Specification for Highway Construction in accomplishing all future trench backfill and pavement repairs on the state highways within the project limits. 13. Obtain concurrence of the STATE before installing or constructing any new, or relocating any existing sidewalk or any existing city-owned water, storm sewer, sanitary sewer or other facilities on the state highways within the project limits. 14. Indemnify, save harmless and defend regardless of outcome the STATE from 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 CITY in the construction and maintenance of the work, which is the subject of this Agreement. SECTION V. Both Parties agree that: 1. The landscaping area will not be altered or abandoned without the prior concurrence of both parties. 2. Should any of the landscaping be damaged or destroyed through the wrongful or negligent act of any third party, the CITY will make every effort to determine the identity and whereabouts of the responsible party, and the STATE will attempt collection of the cost of repair or replacement. The Parties will share equally in the costs of such repair or replacement. 3. This Agreement shall become effective on the first date mentioned above and shall remain in full force and effective until amended or replaced upon the mutual consent of the CITY and STATE. 4 EXECUTION This Agreement is executed for the STATE by its State Highway Administrator and executed for the CITY by the Mayor, attested to by the City Clerk with the imprinted corporate Seal of the CITY OF CHUBBUCK. IDAHO TRANSPORTATION DEPARTMENT APPROVED BY: ~/~ta te~i gh~ a ~A~i~ ~ r~ ~o~ APPROVED AS TO FORM.' RECOMMENDED BY: --~ ~ocal Roads Engineer ATTEST: Cj~ O~ CHUBBU~K /__~ City Clerk ~ayor (Seat9 -- By regular/~ meeting on APRIL. 27. 1~g3 5