HomeMy Public PortalAbout2015.05.11 ITD Cooperative Agreement for Improvements & Maintenance SH-55 N Fork Payette River Bridge ITD Project no A013(392) 1
COOPERATIVE AGREEMENT FOR
IMPROVEMENTS AND MAINTENANCE
OF THE SH-55 N FORK PAYETTE RIVER BRIDGE
ITD Project No. A013(392)
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This AGREEMENT ("Agreement") is made and entered into this ( I ^day of
, 2015, by and between the Idaho Transportation Department
(hereinafter, and the City of McCall, an Idaho municipal corporation,
(hereinafter, "City") (collectively, the "Parties").
RECITALS
WHEREAS, during the construction of the State's SH-55 N Fork Payette River
Bridge, Project No. A013(392), in McCall, Idaho, (hereinafter, "Project"); the City
requested that the State include reconstruction of the north/south running sewer line
on the west side of the project; and
WHEREAS, the City is willing to provide certain funds to reimburse the State's
expenditures for the installation of the City's sewer facilities and is committed to
protecting the investment of these funds by performing certain maintenance as agreed
upon between the Parties; and
WHEREAS, the state has agreed to participate in a 50/50 split of the costs of the
improvements due to the benefit to the state for doing the improvements now instead
of having the pavement cut later; and
WHEREAS, during the cleanout operation of the south sewer line a crack was
discovered and the city decided to repair the sewer line and requested the repair be
included in the project to facilitate the work; and
WHEREAS, the City is willing to provide certain funds to reimburse the State's •
expenditures for the repair of the City's sewer facilities and is committed to protecting
the investment of these funds by performing certain maintenance as agreed upon •
between the Parties; and
WHEREAS, authority for this Agreement is established in Section 40-317, Idaho
Code, which allows for cooperative agreements between the State and municipalities
for the construction of and improvements to bridges and state highways; and
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the Parties do mutually undertake, promise, and agree as follows:
I. Appropriation of Funds
SH-55 N FORK PAYETTE RIVER BRIDGE COOPERATIVE AGREEMENT - 1
This Agreement contemplates a) that the State will provide sufficient funds to design
and construct improvements included in the Project and specifically detailed in
attached hereto and incorporated herein and b) that the City will provide sufficient
funds for the cost to perform the sanitary sewer work as itemized on c La
x a `% City's share."
II. Responsibilities of State
2.1 Include the installation of the City's sewer facility improvements in the Project,
per the project construction documentation for installation of sewer facilities on the
Project.
2.2 Designate a resident engineer and other appropriate personnel as the State
deems necessary to supervise and inspect construction of the Project in accordance
with the project construction documentation in the manner required by applicable
State regulations.
2.3 State agrees to hold contractors/subcontractors responsible for any and all
damages to the improvements resulting from contracted work on the Project.
2.4 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 facilities.
2.7 Upon acceptance of the sewer work by the City and prior to project closeout,
the State will bill the City for the amount that the actual contract cost of the installed
sewer facilities as as,15rataiiiitahibitA
Ill. Responsibilities of City
3.1 Review plans pertaining to the City's sewer facility improvements and provide
design comments on the Project construction plans and specifications, prior to
approval of the Project plans by the State.
3.2 Within 60 days of acceptance of the sanitary sewer work, pay to the State the
amount that the actual contract cost of the labor, materials and equipment that
exceeds the "Estimated Cost of City's Share".
3.3 Inspect the installation of the City's sewer facility improvements.
3.5 Upon completion of construction of the Project, City will assume responsibility
for maintenance and care for maintenance of the City's sewer facility.
IV. Indemnity
SH-55 N FORK PAYETTE RIVER BRIDGE COOPERATIVE AGREEMENT- 2
City does hereby indemnify, save and hold harmless the State from and against any
and all liability, damages or costs, known or unknown, relating to or as a result of
City's maintenance of the Project site and not as the result of the negligence of the
State.
State does hereby indemnify, save and hold harmless the City from and against any
and all liability, damages or costs, known or unknown, relating to or as a result of
defects in the construction of the Project resulting in additional cost to the City to
plant, repair, replace or maintain the improvements which are the subject of this
Agreement and not as the result of the negligence of the City.
V. Term of Agreement
It is agreed that 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.
VI. Execution
This agreement is executed for the State by its District Three Engineer, and executed
for the City by the Mayor, attested to by the City Clerk.
CITY OF McCall IDAHO TRANSPORTATION DEPARTMENT
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favor, Ci McC II strict Engineer, District Three
Attest: li c mmenJed-by:411111V 4
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City Clerk
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SH-55 N FORK PAYETTE RIVER BRIDGE COOPERATIVE AGREEMENT - 3
City does hereby indemnify, save and hold harmless the State from and against any
and all liability, damages or costs, known or unknown, relating to or as a result of
City's maintenance of the Project site and not as the result of the negligence of the
State.
State does hereby indemnify, save and hold harmless the City from and against any
and all liability, damages or costs, known or unknown, relating to or as a result of
defects in the construction of the Project resulting in additional cost to the City to
plant, repair, replace or maintain the improvements which are the subject of this
Agreement and not as the result of the negligence of the City.
V. Term of Agreement
It is agreed that 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.
VI. Execution
This agreement is executed for the State by its District Three Engineer, and executed
for the City by the Mayor, attested to by the City Clerk.
CITY OF McCall IDAHO TRANSPORTATION DEPARTMENT
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ayor, Ci McC District Engineer, District Three
Attest: Recommended by:
ilk
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City Clerk
Approved As To Form:
Deputy Attorney General
Idaho Transportation Department
SH-55 N FORK PAYETTE RIVER BRIDGE COOPERATIVE AGREEMENT - 3
EXHIBIT A
*Cost of North South Sewer Line:
• North/South Sewer Work $24,739.69
*As shown of lTD Change Order #5
City's Share of North South Sewer Line:
• City's share at 50/50 split $12,369.84
• City's share of Contractor O&P $868.49
*Cost of South Sewer Line Repair:
• Sewer Repair Work $50,281.26
• Contractor O&P $3,014.06
*As shown on lTD Change Order #7
Total Cost the City to Pay ITD $66,533.65
SH-55 N FORK PAYETTE RIVER BRIDGE COOPERATIVE AGREEMENT - 4