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ITD-510 2/90 PARTIES STATE/LOCAL AGREEMENT (PRELIMINARY ENGINEERING) STP-7674(100) MTN VIEW RD, 6TH ST TO F ST, MOSCOW CITY OF MOSCOW KEY NO. 5985 . S AGREEMENT is made and entered into this 5 day of 0: rJL7. L , 19 by and between the IDAHO TRANSPORTATION DEPARTMENT, hereafter called the STATE, and CITY OF MOSCOW, acting by and through its Mayor and Council hereafter called the SPONSOR. PURPOSE The SPONSOR has requested the STATE to program for construction Federal-Aid Highway Project STP-7674(100) described as MTN VIEW RD, 6TH ST TO F ST, MOSCOW, the preliminary engineering for which is to be performed by SPONSOR'S staff/Consultant Engineers (x-out non applicable term) . NOTE: Securing the services of a consultant for preliminary engineering services must follow the process outlined in the LPA Guidelines. Since certain functions under this Agreement are to be performed by the STATE, involving the expenditure of funds, and since the STATE can only pay for work associated with the State Highway System, the SPONSOR is fully responsible for all costs related to the project. The Parties agree as follows: SECTION I. 1. This Agreement is entered into for the purpose of developing construction plans and specifications in order that federal participation may be obtained in the construction costs of the project. 2. All information, regulatory and warning signs, pavement or other markings, and traffic signals required and warranted will be developed as a part of the plans, regardless of whether the work is done as a portion of the contract or by the SPONSOR'S forces. 95-]6 ---PAGE BREAK--- SECTION II. That the STATE will: 1. Assume no responsibility for the timely performance of this Agreement and in no way guarantee that the federal funds herein sought are available or will be made available. In the event federal funds are unavailable, this agreement is void. 2. Provide the following services incidental to the preliminary engineering: a. If required, assist in the selection of a Consultant Engineer, negotiate, and furnish the Agreement for Engineering Services and any supplements thereto, to be used between the SPONSOR and Consultant Engineers on this project. b. Review Preliminary recommend other documentation. Environmental appropriate Evaluation and environmental c. Advertise for required formal public hearings and provide hearing officer. d. Review rights-of-way appraisals and assign personnel to determine relocation entitlements and assistance which might be required by the project. e. File with the Federal Highway Administration applica tions for exceptions to AASHTO Standards when appropriate and for government land withdrawals for rights- of- way and airport clearance. f. Assist in negotiations with public carriers and utilities for agreements on behalf of the SPONSOR. g. Hold utility hearings or advertise the opportunity therefore when necessary. h. Review the Engineers' plans, estimates, reports and environmental studies, and issue notice of approval to the SPONSOR and the Engineer following the Concept, Preliminary and Final Design Reviews and the Design Study Report. i. Supply roadway summary sheets and such standard draw ings as may be required to supplement the plans. j. Prepare title sheet. 2 ---PAGE BREAK--- k. Print and assemble plans, special provisions, speci fications and contract. 1. Advertise for bi9s and let the construction contract. m. Furnish to the Engineers copies of materials test reports and other data applying to the project and available to the STATE. SECTION III. That the SPONSOR will: 1. Pay to the STATE, before the STATE begins the incidental services, the sum of THREE THOUSAND AND NO HUNDREDTH DOLLARS ($3,000) , estimated to be the total expense to the STATE. Upon project completion, if the estimated expense does not reflect the true cost of the work performed by the STATE, an adjustment will be made accordingly. 2. Reimburse the STATE for all services rendered and material furnished in connection with the project. 3. Acquire, at its sole expense, with the STATE'S assistance as noted in Section II, Paragraph 2d, all rights-of-way and easements needed to provide for construction and maintenance of the project. 4. Furnish all appraisals required for the project to be reviewed by the STATE. 5. Before initiating negotiations for any real property, establish an amount considered to be just compensation, under Idaho Code, and will make a prompt offer to acquire the property for the full amount established. 6. Make every reasonable effort to acquire the real property by negotiation. 7. Inform the property owner, in those cases where he indicates a willingness to donate a portion of his real property for rights-of-way, of all the facts including his right to full compensation in money for land and damages, if any, in accordance with Idaho Code. 8. Provide relocation assistance and payments for any displaced person, business, farm operation, or nonprofit organization in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the Idaho Real Property Acquisition Act of 1971; Title 40, Chapter 29; and Title 58, Chapter 11; Idaho Code, as amended, and 3 ---PAGE BREAK--- 9. regulations promulgated thereunder. No individual or family shall be displaced until decent, safe and sanitary replacement housing is available to the relocatees for immediate occupancy. Advise the STATE of any relocations required by the project and authorize the STATE to negotiate in its behalf for all relocation assistance and payments, the cost of which will be assumed by the SPONSOR at the time of negotiation. To the greatest extent practicable, schedule the ment and subsequent construction of the project person lawfully occupying the real property required to move from his home, farm or business least ninety (90) days' written notice. advertise so that no shall be without at 10. Before advertisement for bids, provide a certification that all rights-of-way, easements, permits, materials sources and agreements necessary for the construction of the project have been acquired in accordance with Paragraph 8, this Section. 11. Evaluate the impact the project might have on the quality of the human environment and prepare and furnish to the STATE an environmental evaluation and any other documents required by the National Environmental Policy Act. 12. At all required public hearings, furnish all necessary exhibits and provide for a representative of the SPONSOR to describe the project; present information about the location and design, including alternates; discuss the tentative schedules for rights-of way acquisitions and construction; discuss the SPONSOR'S relocation assistance program; discuss +the economic, sociological, and environmental effects of the project; and answer all questions concerning the project. 13. Indemnify, save harmless and defend regardless of outcome the STATE 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. 14. Comply with Appendix A, Title 49 CFR, Part 21, attached hereto and made a part hereof. 4 ---PAGE BREAK--- EXECUTION This Agreement is executed for the STATE by its Chief Engineer, and executed for the SPONSOR by the Mayor and Council, attested to by the City Clerk, with the imprinted corporate Seal of CITY OF MOSCOW. APPROVED AS TO FORM: 2 --Legal Counsel = ATTEST: (SEAL) .db- City Clerk By regular/special meeting on /7/_r&L