Resolution - 2021 - 21-23 - Approving State/Local Agreement With Itd For Sh-55 Eagle Road Bike/Ped Bridge - 12/14/2021RESOLUTION 21-23
WHEREAS, the Idaho Transportation Department, hereafter called the State, has
submitted an Agreement stating obligations of the State and the City of Eagle, hereafter called
the CITY, for development and construction of SH55, Bike/Ped Bridge over Boise River; 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
and
WHEREAS, The State can only pay for work associated with the State Highway system;
WHEREAS, the CITY is fully responsible for its share of project costs; and
NOW, THEREFORE, BE IT RESOLVED:
That the Agreement for Federal Aid Highway Project A020(841) 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 true copy of a Resolution passed at a regular, meeting
of the City Council, City of Eagle, held on December 14 , 2021
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Mayor
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KACOUNCIL\Resolutions\draft resolutions\21-23 Eagle Road Ped Bike Bridge State & Local
STATE/LOCAL AGREEMENT
(CONSTRUCTION)
PROJECT NO. A020(841)
SH55, BIKE/PED BR OVER BOISE RV, EAGLE
ADA COUNTY
KEY NO.20841
PARTIES
THIS AGREEMENT is made and entered into this day of
by and between the IDAHO TRANSPORTATION
DEPARTMENT, hereafter called the State and the CITY OF EAGLE, 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 SH55, Bike/Pedestrian Bridge over Boise River, which has been designated
as Project No. A020(841). This Agreement sets out the responsibilities of the parties in the
construction and maintenance of the project.
Authority for this Agreement is established by Section 40-317 of the Idaho Code.
The Parties agree as follows:
SECTION I. GENERAL
This Agreement is entered into forthe 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, including, but not limited to,
the requirements of 23 U.S.C. §313, 23 CFR §635.410, and 28 CFR Part II.
3. Funds owed by the Sponsor shall be remitted to the State through the State's
payment portal at: https:i'apps.itd.idaho.Qov'Pay]TD.4.
4. The following table identifies actions regarding payment and reimbursement of
project construction funds:
Staf elLocal Agreement (Construction)
SH55. Bike/Ped Br Over Boise Rv, Eagle
4»ment No 7 Key No. 20841
Page l
2023
Scheduled
Funding
CE
$5,000
Sponsor pays when
State/Local Construction
These funds will be shown
as deposit on the project
CL
$75,000
Agreement Signed
once funding is available in
2023.
CC
$475,000
Sponsor will pay the
Once funding is available in
consultant invoices.
2023 the sponsor can
submit for 92.66%
reimbursement.
CN
$3,082,922
Sponsor will pay the
Once funding is available in
contractor invoices.
2023 the sponsor can
submit for 92.66%
reimbursement.
This State/Local Agreement (Construction) upon its execution by both parties,
supplements the State/Local Agreement (Project Development) by and between the
same parties dated July 31, 2018 and subsequently amended January 24, 2019.
SECTION II. That the Sponsor shall:
Upon execution of this agreement, pay to the State the amount of Eighty Thousand
Dollars ($80,000) for construction services as identified in Section I, Paragraph 4.
2. Before advertisement for bids, provide to the State a certification that all rights -of -
way, easements, permits, materials sources, and agreements necessary for the
construction and maintenance of the project have been acquired. The Sponsor will
also certify that the contract proposal includes FHWA Form 1273 (Federal -aid
Contract Provisions), and will provide an environmental determination in
accordance with 23CFR 771.117.
3. Before advertisement for bids, provide to the State for review and approval a copy
of the Contract Proposal form, Notice to Contractors, and construction plans,
specifications, and estimate. After the project is advertised for bids, provide the
State with a copy of the bidding documents.
4. Advertise for the construction of the project, open bids, prepare a contract estimate
of cost based on the successful low bid in accordance with State laws on
procurement procedures for local governments, and request State concurrence prior
to award.
State/Local Agreement (Construction)
SH55, Bike/Ped Br over Boise Rv, Eagle
Key No. 20841
Page 2
5. Award a contract for construction of the project based on the successful low bid,
and provide the State a copy of the contract.
6. During construction of the project, Sponsor will provide a project manager and staff
to administer and inspect the project, and to provide inspection diaries and support
to the State's Resident Engineer. The individuals who will be performing
inspection or certifying the sampling and testing results of any materials must be
qualified in the appropriate inspector/sampler/tester area as identified in Memo 17B
in the Transportation Alternatives Program Manual.
7. In cooperation with the State, establish and cause to be maintained all construction
traffic controls deemed necessary to best serve the public interests and to expedite
the work in accordance with the Manual of Uniform Traffic Control Devices
(MUTCD) as adopted by the State.
At no cost to the federal -share, cause to be replaced to original, equal, or better
condition any existing pavement, regulatory signs, and other similar items damaged
as a result of the contractor's operation, except as hereafter stated as obligations of
the State.
9. During design and construction of the project, be responsible for payment of all
invoices for work performed on the project. The Sponsor will maintain monthly
invoices, and proof of payment of same to be available to the State for
reimbursement of the federal -aid share, up to a maximum of $2,101,529. The State
will not reimburse the Sponsor the federal -aid share until federal -aid becomes
available.
10. Maintain all project records, including source documentation for all expenditures
and in -kind contributions, for a period of three (3) years from the date of final
acceptance. If any litigation, claim, negotiation, or audit has been started before
expiration of the three-year period, the records shall be retained until completion of
the action and resolution of all issues that arise from it.
11. Maintain the project upon completion to the satisfaction of the State. Such
maintenance includes, but is not limited to, preservation of the bike/pedestrian
bridge as is necessary for its safe and efficient utilization. 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.
12. Agree that in the event future Federal funding for the advance construction portion
is not available for the project, the Sponsor forfeits all claims for reimbursement of
all funds paid for the project, including costs previously reimbursed with Federal
funds in the event the project is not completed.
13. Comply with all other applicable state and federal regulations.
State/Local Agreement (Construction)
SH55, Bike/Ped Br over Boise Rv, Eagle
Key No. 20841
Page 3
14. To the extent permitted by Idaho law and as provided by the Idaho Tort Claims Act,
indemnify, save harmless the State, regardless of outcome, 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, or Sponsor's failure to comply with any state or federal statute, law,
regulation, or rule. Nothing contained herein shall be deemed to constitute a waiver
of the State's sovereign immunity, which immunity is hereby expressly reserved.
SECTION III: That the State shall:
Enter into an Agreement with the Federal Highway Administration covering the
federal government's pro rata share of project.
2. Submit to FHWA a request for partial advance construction approval for the cost
of construction of the project. FHWA approval of the partial advance construction
request will allow a portion of the costs of construction incurred by the Sponsor as
of the date of FHWA approval to be eligible for federal participation in a future
Federal -aid project agreement with FHWA. The amount scheduled for advance
construction is $3,637,922.
3. Review and approve the project plans and specifications.
4. Authorize the Sponsor to administer the project and make any necessary changes
and decisions within the general scope of the plans and specifications.
5. Designate a resident engineer and other personnel, as the State deems necessary, to
supervise construction in accordance with the plans, specifications, and estimates
in the manner required by applicable state and federal regulations. The State will
review for approval all change orders submitted by the Sponsor, and conduct a final
inspection of the project when completed.
6. When the federal -aid share becomes available and upon receipt of monthly invoices
and payments from the Sponsor submit same to the Federal Highway
Administration for reimbursement at the federal -aid participation rate of 92.66%,
up to a maximum of $2,101,529.
7. Maintain complete accounts of all project funds received and disbursed, which
accounting will determine the final project costs.
8. Cooperate with the Sponsor in selection and designation of suitable construction
traffic control during project construction.
State/Local Agreement (Construction)
SH55, Bike/Ped Br over Boise Rv, Eagle
Key No. 20841
Page 4
SECTION IV. Both Parties agree as follows:
1. Federal participation is contingent upon ultimate completion of the project. If for
any reason the project is removed from the program without being completed, then
the Sponsor shall be responsible for One Hundred Percent (100%) of all project
costs, and shall pay back to the State all costs previously reimbursed. If the
Sponsor's deposit exceeds project costs, then the State shall return the unspent
balance to the Sponsor.
2. 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 Idaho 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 Idaho Legislature 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.
3. All information, regulatory, and warning signs, pavement or other markings, and
traffic signals required for which the cost 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.
4. 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 (MUTCD) as adopted by the State.
5. This Agreement shall become effective on the first day mentioned above, and shall
remain in full force and effect until amended or replaced upon mutual consent of
the State and the Sponsor.
State/Local Agreement (Construction)
SH55, Bike/Ped Br over Boise Rv, Eagle
Key No. 20841
Page 5
EXECUTION
This Agreement is executed for the State by its Highways Construction and Operations
Division Administrator, and executed for the Sponsor by the Mayor, attested to by the City
Clerk, with the imprinted Corporate Seal of the City of Eagle.
IDAHO TRANSPORTATION DEPARTMENT
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Division Administrator
Highways Construction and Operations
CITY OF EAGLE
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B re ular pecial meeting
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hm:20841 SLAConst
State/Local Agreement (Construction)
SH55, BikwPed Br over Boise Rv, Eagle
Key No 20841
Page 6