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Home My WebLink About1982, Jan 20 Construction of BridgeDH-71'L lU-SU STATI3/LOCAL AGREEMENT (CONS'TRUCTIOAI) M-7716(003) 1589 REX6URG CANAL CULVERT (South 5th tJest Street) nna~~rrc TItIS AGREEMENT, made and entered into this 1~ day of v , 19~, by and between the IDAUO TRANSPORTATION DEPARTMENT, DIVISLON OP HZGH- 4fAY5, hereafter called the "State," and the CITY OF REXI3URG , acting by and through its Mayoi° dnd CounCll hereafter called the "Sponsor.n PURPOSIi The Sponsor has requested the State to program a project Eor Federal ation in artici the construction costs of replacing a bridge over the p p Rexburg Canal on Sotrth 5th ldest Street between MP 0.10 and~1p~11 In the City of Rexburg , to consist nE grading, drainage, base, plant mix, seal coat, curb-gutter, sidewalk, concrete structure, ti°affic control and miscellaneous items needed to complete the work which has bee^ designated as Project M-7716(003) The Parties agree as follows: SECTION I. 1. Pectoral parttci.pation :tn the costs of the project will be governed by the applicable section of 'Citle 73, U.S. Code (Highways) and rules and regulations prescribed or promulgated by the Federal Higlnvay A~iminlstratlon (FilwA). ?_. The State assumes no responsibility Eor the timely performance of this Agreement and in no way guarantees that federal funds herein sought are available or will he made available. SECTION II. That the State will: 1. Enter into an agreement with the PIAdA covering the federal govern- ment's pro-rata share of construction cos CS. 2. Advertise, open bids, prepare a contract estimate of cost based on the successful lew bid and notify the Sponsor thereof. 3. 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 (1O) percent. 4. Obtain concurrence of the Sponsor before awarding 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 III. 5. Provide to [he Sponsor a copy of: the Contract Proposal., Notice to Contractors, and approved construction plans. 6. Designate a resident engineer and other personnel, as the State deems necessary, to supervise and inspect construction in accor- dance with the plans, specif.ication:; and estimates in the manner required by applicable State and federal regulations. This engin- eer, or his authortzed representatives, will prepare all monthly and final contract estimates and change orders. 7. Pfa:tntain complete accounts of all project Funds received and dis- bursed, which sccounCing will determine the final project costs. 6. Upon completion of the project, after all costs have `ueen accumu- lated and the final voucher paid by th¢ P41WA, provide a statement to the Sponsor sunnuaei.zing the estimated and actual costs, indi- cating an adjustment Eor or ageiinst the Sponsor. Any excess funds transmitted by the Sponsor and not required for the project will be returned. -~- anc'rtuN III. That the Sponsor. will: 1 Before the advertisement for bids, remit to the State a check or warrant in the amount of FOURTEC-N THOUSAND, EIGHT HUNDRED AND P10/HUNDREDTHS nol.l..~ss ($14:800.00 ) which is the Sponsor's preliminary estimated share of the project r_os[. The .actual cost m the Sponsor will. he determined from the total quantities obtained by measurement or computation of the classes of woriz performed plus the actual cost of engineering and' contingencies required to complete [he work. 2. Upon approval of the lowest qual.:tfied bid received, if the Sponsor's share exceeds the amount set forth in Paragraph 1, Section III, transmit to the State the Sponsor's portion o.f such excess cost. 3. Authorize the State to administer the project and to maize any neces- sary changes and de cis ions within the general scope of the plans and specifications. Prior approval of the Sponsor will be obtained if it is necessary, durtng the life of the construction contract, to deviate. from the plans and specifications to such a degree that the. costs w111 be increased or Che nature of the cn!npleted woriz significantly changed. 4. tipon receipt of. the statement referred to in Paragraph 8, Sec- tion II, indicating an adjustment in cost against the Sponsor, promptly remit to the State a check or warrant in that amount. 5. N[aintain the project upon completion to the satisfaction of [he 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 jurlsd:iction. If the project is not maintained satisfactorily, the State will notify the Sponsor of the unsatisfactory conditions, and should the Sponsor fail and re- fuse to remedy the conditions within ninety (90) days after receipt of the notice, the Sponsur agrees that the State may then proceed to maintain and/or make repairs on the project at the cost and _3_ eicpan.~e of tr,e sponsor. Sponsor agrees to reimburse the State when presented with a statement showing the costs of maintenance and/or repairs. 6. Further agree to indemnify the Slate and hold it harmless against any and all suits, ac[lons, claims br losses of every kind, nature and rlescripti.on, includini*, cos CS, expenses and at[orney fees that ' may be incurred by reason of any act or omission, neglect or mis- conduct of the Sponsor or its consultant in the design, construc- tion and maintenance of the work which is the subtect of this Agreement. SECTIOAI IV. 1, All informational, regulatory and warning signs, curb and pavement or other markings, traFfic signals required, the cost of which is not provided for 1n the plans and estimates, must be erected at the sole expense of [he Sponsor upon the completion of the project. 2. 'Phe location, Perm and character of all signs, markings and signals installed, on the protect, initially or in the future, shall be in conforml ry with the Manual of Uniform Traffic Control Devices as adopted by Chc State. 3. ,The use and occupancy of the right of way of this protect by util- ity facilities will be controlled by the State`s Policy For the Accommodation of Utilities Within Right of lJay of the Federal-aid Svstems in the State of Idaho. SECTION V. 1 Protect That thie State/Local Agreement (Construction) upon Its execution by both Parties, supplements fhe State/ Local Agreement (Prelimi- nary Engineering) by and between the same parties, dated 5 duly 19 78, on the Rexburg Canal Qridge (South 5th West Street) designated as M-7716(002) -4- __.._ _. _...~. __._. .- .__..- ... _tT~. ~.....-. . , ., ...-:'L ,. ~ CeW> <, ..... i >P.,, .-.T r~F*v??s'~^ a r ei' *~ n.r .~~~TSSxr.WF The Sponsor represents that its riuyvr is authorized by proper resolutions to enter into this Agreement, and the State. represents that the IDAHO TRH^S15POR'PA_TION BOAEtD has authorized the Sf.ate highway Adminitrat:or tv enter into this Agreement, ZN WITPEESS WHEREOF, the State has caused these presents to be executed by its State Highway Administrator, attested to by Iris Secretary, and the Seal of the IDAHO TRANSPORTATION DEPARTMENT, DIVISIOPI OP i37GHWAYS, affixed hereto; and the Sponsor has caused these presents to be executed by the Mayor City Clerk attested to by its and tts corporate Seal affixed hereto. ATTEST: Secretary IDAHO TRANSPORTATION DEPARTPIENT DI' SI~GN~OI~,'~HI~GHWAYS - ~~_ ~y/ State Highway Administrator {SEAL) ArresT: (SEAL) Cit lerA CITY OF REXaURG ~_ Mayor Approved as to Donn tO/IIO L.G.ft. Sy Kegular "_ Meeting on 3~D~ / ~L -7-