HomeMy WebLinkAboutResolution No 2023 - 17 ITD Cooperative Agreement Interchange Sewer Lines Repair & ReplaceInstrument # 469932
REXBURG, MADISON, IDAHO
12-21-2023 01:38:28 PM No. of Pages: 1
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 0.00
Ex-Offlcio Recorder Deputy
Resolution for a Project Development Agreement with Idaho
Transportation Department for the Repair and Replacement of Sewer
Lines at the Intersections of US-20 & Exit 333 and US-20 & Exit 332
Project Nos. A021(798) and A021(799)
Resolution No 2023 -17
WHEREAS, the Idaho Transportation Department, hereafter called the
STATE, has submitted an Agreement stating obligations of the STATE and the
CITY OF REXBURG, hereafter called the CITY, for installation of City sewer
line by the State during construction of the State's project; 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, 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 A021(798) and A021(799)
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.
Passed by the City Cou�,Q,gW approved by the Mayor this 20th day of December
2023. �eN
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Mer , C of Rexburg or Ma Y
ATTEST:
Deborah Lovejoy, City Clerk
CERTIFICATE
I, Deborah Lovejoy, City Clerk, do hereby certify that the foregoing is a full, true,
and correct copy of Resolution No. 2023 - 17 adopted at a regular meeting of the
City Council held on the 20th day of December 2023, and that the same is now in
full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and impressed the official
seal of the City, this 20th day of December 2023.
Deborah Lovejoy, City Clerk
COOPERATIVE AGREEMENT
PROJECT NO. A021(798) and A021(799)
US-20 REXBURG DDI'S, REXBURG
MADISON COUNTY
KEY NO.21798/21799
This AGREEMENT is made and entered into this day of
�L c evvt � o-v -- by and between the Idaho Transportation Department,
hereinafter called the State, and the City of Rexburg, hereinafter called the City.
PURPOSE
The City has requested that the State include the replacement and repair of select City
sewer lines at the intersection of US-20 & University Blvd (Exit 332) and US-20 & SH-33/Main
Street (Exit 333) during the construction of the State's project at these interchanges. The City
will be responsible for the costs of such installation, as well as maintenance of the sewer lines
upon completion of construction. The City has also requested that certain cosmetic and
landscaping items be included. This Agreement will set out the roles and responsibilities of the
parties to accomplish this work.
Authority for this Agreement is established by Idaho Code Section 40-317.
The Parties agree as follows:
SECTION I: The State will:
1. Include the installation of the select City's sewer lines in the State's project.
2. Maintain complete accounts of all project funds received and dispersed which will be
used to determine the actual contract costs of the City's sewer lines.
3. Upon acceptance of the sewer line work by the City and prior to project closeout, the
State will meet with the City to reconcile the actual costs of installing the sewer lines. In
the event that the amount paid by the City pursuant to this Agreement exceeds the actual
costs of the complete installation, the State shall refund such amount to the City prior to
project closeout.
4. Include the installation of the following items in the State's project:
a. 575-005A Textured Concrete Surface (MSE Wall)
b. 652-005A Underground Sprinkler System
c. S904-05B Landscape
d. S915-05A Landscape Rock
Agreement No. 7442
Cooperative Agreement
US-20, Rexburg DDT's
Key No. 21798121799
Page 1
5. Upon acceptance of the work from item 4 by the City and prior to project closeout, the
State will meet with the City to reconcile the actual costs of installing said items. In the
event that the amount paid by the City pursuant to this Agreement exceeds the City's
agreed portion of the actual costs of the complete installation, the State shall refund such
amount to the City prior to project closeout.
SECTION II: The City will:
1. Assume responsibility of full payment for the following work items:
a. 205-005B Storm Sewer Excavation = $33,750.00
b. 605-215A 8" Sanitary Sewer Pipe = $41,940.00
c. S904-05C Storm Sewer Repair = $35,000.00
d. S904-05D Sewer Valve = $9,500.00
e. S901-05D Rexburg City Signs (4) _ $60,000.00
2. Design and submit construction plans and specifications for the City's sewer line
replacement to be included in the State's project contract.
3. Assume responsibility of payment for the following work items by percentage of total
cost as indicated:
a. 575-005A Textured Concrete Surface (MSE Wall) @ 5% _ $11,521.00
b. 652-005A Underground Sprinkler System @ 5% _ $8,650.00
c. S904-05B Landscape @ 5% _ $9,200.00
d. S915-05A Landscape Rock @ 5% _ $8,990.63
4. Upon execution of this Agreement, pay to the State the sum of $218,551.63, which is the
estimated cost of the labor, materials and equipment to perform the sewer line work and
landscape items. In addition, within 60 days of acceptance of the sewer line work, pay to
the State the additional amount owed for the work, if any.
5. Funds owed by the City must be remitted to the State through the ITD payment portal at:
https: //apes. itd. idaho.gov/PayITD .
6. Provide sewer line inspection, testing sign -off, and final acceptance of the construction of
the City's sewer line replacement.
7. Cooperate and facilitate the project during construction to the fullest extent possible.
8. Upon completion of construction of the project, assume ownership and responsibility for
maintenance of the City's sewer line.
Cooperative Agreement
US-20, Rexburg DDI's
Key No. 21798121799
Page 2
GENERAL
1. Sufficient Appropriation. It is understood and agreed that the State is a governmental
agency, and this Agreement shall in no way be construed so as to bind or obligate the
State beyond the term of any particular appropriation of funds by the Federal
Government or the State Legislature as may exist from time to time. The State reserves
the right to terminate this Agreement if, in its sole judgment, the Federal Government or
the legislature of the State of Idaho fails, neglects or refuses to appropriate sufficient
funds as may be required for the State to continue payments. Any such termination shall
take effect immediately upon notice and be otherwise effective as provided in this
Agreement.
2. This Agreement shall become effective on the first date mentioned above and shall
remain in full force and effect until amended or replaced upon the mutual consent of the
State and the City.
Cooperative Agreement
US-20, Rexburg DDI's
Key No. 21798121799
Page 3
EXECUTION
This Agreement is executed for the State by its District Engineer, and executed for the
City by the Mayor, attested to by the City Clerk, with the imprinted corporate seal of the City of
Rexburg.
ATTEST:
Clerk ity
(SEAL)
By egular special meeting
on IfA��T
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IDAHO TRANSPORTATION DEPARTMENT
District Engineer
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Cooperative Agreement
US-20, Rexburg DDT's
Key No. 21798121799
Page 4