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11-04 STATE/LOCAL AGREEMENT (PROJECT DEVELOPMENT) STP-0002 (125) PAVEMENT OVERLAY PROJECTS LATAH COUNTY KEY #9680 PARTIES THIS AG¤EEMENT is made and entered into this day of , by and between the IDAHO TruiNSPORTATION DEPARTMENT, represented by the Local Highway Technical Assistance Council, 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 development and construction Federal-Aid Project STP-0002 (125) , described as PAVEMENT OVERLAY PROJECTS IN THE CITY OF MOSCOW, the project development for which is to be performed by SPONSOR'S staff/Consultant Engineers. The purpose of this agreement is to set out the terms and conditions to accomplish the project development phase of this project. NOTE: Securing the services of a consultant for project development services must follow the process outlined in the Idaho Transportation Department Guidelines for Local Public Agency Projects. Since certain functions under this Agreement are to be performed by the STATE, requiring 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 incurred by the STATE related to the project. Authority for this agreement is established by Section 40-317 of the Idaho Code. The Parties agree as follows: SECTION I. It is necessary specifications in to develop construction plans and order that federal participation may l 2005-07 ---PAGE BREAK--- be obtained in the construction costs of the project. Federal-aid for project development and right of way is available on this project. 2. Federal participation in the project is at the rate of 92. 66%; local participation is 7. 34%. Scheduled funding for this project is listed on the approved Idaho Transportation Department Highway Development Program, and subsequent revisions. Current estimated funding is as follows: a. Project Development (State, Consultant, Local) $ 100, 000. 00 b. Right-of-Way - $ 0. 00 c. Utilities - $ 0. 00 d. Construction Engineering - $ 7 5, 000. 00 e. Construction - $ 425, 000. 00 f. Total Estimated Project Costs $ 600, 000. 00 3. The SPONSOR'S match for this project will be provided as follows: a. Estimated cash in the amount of 7 . 34 percent of the entire project (currently $ 44, 040. 00); 4. This project is to be designed to State Standards as defined in the Idaho Transportation Department's Design Manual, 2003 edition or as subsequently revised. 5. 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. 6. If the project is terminated prior to completion, and the SPONSOR has been reimbursed with federal funds for preliminary engineering and/or right-of-way acquisition, the SPONSOR shall repay to the STATE all federal funds received. SECTION II. That the STATE shall: 1. Not 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, except that SPONSOR shall be liable to the STATE for any un reimbursed incidental expenses as provided for in Section 2 ---PAGE BREAK--- II, Paragraph 2 of this Agreement. 2 . Provide the following services incidental to the project development: a. Assist SPONSOR in the selection of a Consulting Engineer and negotiations as needed, 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. Furnish to the Engineers copies of materials test reports and other data applying to the project and available to the STATE. d. Advertise for required formal public hearings and provide a hearing officer to conduct the hearings. e. Review rights-of-way appraisals and assign personnel to determine relocation entitlements and assistance which might be required by the project. f. 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. g. Assist in negotiations with public carriers and utilities for agreements on behalf of the SPONSOR. If requested by a utility company, hold utility hearings before the Idaho Transportation Board or issue IT Board Orders to the utilities on behalf of the SPONSOR. During development, the latest edition of the STATE's Guide for Utility Management will be followed in all matters relating to utilities. h. Review the designing 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 su¥¦ary sheets and such standard draw ings as may be required to supplement the plans. 3 ---PAGE BREAK--- j. Unless otherwise included in the scope of work for the Consultant agreement, prepare the title sheet. k. Print and assemble plans, special provisions, speci fications and contract. l. Advertise for bids and let the construction contract. Prior to construction, a separate agreement will be entered into covering responsibilities of the parties relating to construction. 3. Upon receipt of appropriate documentation from the SPONSOR showing expenditure of funds for project development, reimburse the SPONSOR at the approved Federal-aid rate for eligible expenses. 4. Bill the SPONSOR for costs incurred by the STATE under this agreement for project development, if those costs exceed the amount set out in Section III, Paragraph 1. 5. Bill the SPONSOR for any federal funds to be repaid by the SPONSOR if the project is terminated prior to completion, and the SPONSOR has been reimbursed with federal funds for preliminary engineering and/or right of-way acquisition. SECTION III. That the SPONSOR will: 1. Pay to the STATE, before the STATE begins the incidental services referred to in Section II, Paragraph 2, the sum of TEN THOUSAND AND NO HUNDRETH DOLLARS ($10, 000. 00) , estimated to be the total expense to the STATE. Pay to the STATE the cost of all incidental services provided by the STATE upon receipt of the billing provided for in Section II, Paragraph 4. Checks shall be made payable to the "Idaho Transportation Department". 2. SPONSOR warrants that it will reimbursements on this project terminated prior to completion. repay if the any federal project is 3. With the assistance of the STATE, hire a consultant for development of the project. 4. JVlake timely payment of all consultant invoices throughout the design of the project. Periodically the SPONSOR may 4 ---PAGE BREAK--- submit allowable Consultant invoices and receipts to the STATE showing payment of same. The STATE will reimburse the SPONSOR for eligible expenses less the SPONSOR'S match. 5. Acquire 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. 6. Furnish all appraisals required for the project to the STATE for review. 7 . Review the appraisal reviewer's statement of the estimated fair market value and approve an amount to be just compensation for each parcel to be acquired. 8. Complete a right-of-way status report, ITD-2161, and forward it to the Local Project Coordinator. 9. Before initiating negotiations for any real property required for right-of-way, establish an amount considered to be just compensation, under Idaho law, and make a prompt offer to acquire the property for the full amount established. 10. Make a good faith effort to acquire the real property by negotiation. 11. 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. 12. Provide relocation assistance and payments for any dis placed person, business, farm operation, or nonprofit organization in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; 49 CFR 24; 23 CFR 7 10; the Idaho Real Property Acquisition Act of 197 1; Title 40, Chapter 29; and Title 58, Chapter 1 1; Idaho Code, as amended, and regulations promulgated thereunder. No individual or family shall be displaced until decent, safe and sanitary replacement housing is available to the relocatees for irm:nediate 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, 5 ---PAGE BREAK--- the cost of which will be assumed by the SPONSOR at the time of negotiation. 13. To the greatest extent practicable, no person lawfully occupying the real property shall be required to move from his home, farm or business without at least ninety (90) days' written notice prior to advertisement of the project. 14. 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 the provisions of this Section. Provide a value of any right-of-way donations obtained, which may be credited as a matching share. 15. Evaluate the impact the project might have on the quality of the human environment and prepare and furnish to the STATE an environmental evaluation, which includes cultural resources, and any other documents required by the National Environmental Policy Act. 16. 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. 17. Comply with Appendix A, Title 49 CFR, Part 21, attached hereto and made a part hereof. 18. Maintain all project records, including source documentation for all expenditures and in-kind contributions, for a period of three 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 must be retained until completion of the action and resolution of all issues that arise from it. 19. Comply with all other applicable State and Federal regulations. 6 ---PAGE BREAK--- EXECUTION This Agreement is executed for the STATE by its Assistant Chief Engineer (Development) , and executed for the SPONSOR by the MAYOR, attested to by the CITY CLERK, with the imprinted Corporate Seal of CITY OF MOSCOW. Approved as to form Scot R. Campbell Deputy Attorney General November 18, 20 0 4 ATTEST: 9680 - City of Moscow IDAHO TRANSPORTATION DEPARTMENT APPROVED BY: Assistant Chief Engineer ( Development) RECOMMENDED BY: CITY OF MOSCOW 7 ---PAGE BREAK--- APPENDIX A EXCERPTS FROM TITLE 49 CFR PART 21 During the performance of work covered by this Agreement, CITY OF MOSCOW for itself, its assignees and successors in interest {hereafter referred to as the SPONSOR), agrees as follows: 1. Compliance with Regulations: The SPONSOR during the performance of work covered by this Agreement shall comply with all regulations of the United States Department of Transportation relative to Civil Rights with specific reference to Title 49 CFR Part 21, Title 41 CFR Part 60, Civil Rights Act of 1964 as amended and Executive Order 11246. 2. Non-Discrimination: The SPONSOR, with regard to the work performed during the term of this Agreement, shall not in any way discriminate: against any employee or applicant for employment; subcontractor or solicitations for subcontract including procurement of materials and equipment; or any other individual or firm providing or proposing services based on race, color, religion, sex, national origin1 age or non-job related handicap. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by bidding or negotiation, made by the SPONSOR for work or services performed under subcontract, including procurement of materials and equipment, each potential subcontractor or supplier shall be made aware, by the SPONSOR, of the obligations of this Agreement and to the Civil Rights Requirements based on race, color, religion, sex, national origin, age or non-job-related handicap. 4. Information and Reports: The SPONSOR shall provide all information and reports required by Regulations and/or Directives and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Idaho Transportation Department or the Federal Highway Administration. The SPONSOR will be required to retain all records for a period of three years. 5. Sanctions for Non-Compliance: In the event the SPONSOR is in non-compliance with the Civil Rights Provisions of this Agreement, the Idaho Transportation Department shall impose such sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: Withholding of payments to the SPONSOR until it has achieved compliance and/or Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of the Provisions: The SPONSOR shall physically include this Appendix in every subcontract of $10,000 or more to include procurement of materials and leases of equipment unless exempt by Regulations, Orders, or Directives pursuant thereto. The SPONSOR shall take such action with respect to subcontractor or procurement as the Idaho Transportation Department or the Federal Highway Administration may direct as a means of enforcing the provisions, including sanctions for noncompliance, provided in event the SPONSOR becomes involved in, or is threatened with litigation with the subcontractors or suppliers as a result of such direction, the SPONSOR may request the STATE to enter into such litigation to protect the interest of the STATE, and in addition the SPONSOR may request the United States to enter into such litigation to protect the interest of the United States. 8 ---PAGE BREAK--- RESOLUTION WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of the STATE and the CITY OF MOSCOW, hereafter called the CITY , for construction of PAVEMENT OVERLAY PROJECTS; 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 WHEREAS, The STATE can only pay for work associated with the State Highway system; and WHEREAS, the CITY is fully responsible for its share of project costs; and NOW, THEREFORE, BE IT RESOLVED: l . That the Agreement for Federal Aid Project STP-0002 (125) 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, duly called special (X-out non-applicable term) meeting of the City Council, City of MOSCOW, held on (Seal) c 9 ---PAGE BREAK--- RESOLUTION NO. 2005- 03 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AGREEING TO SUPPORT FEDERAL AND HIGHWAY PROJECT STP-0002 {125); PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, the Idaho Transportation Department {hereinafter referred to as "STATE"), has submitted an Agreement stating obligations of STATE and City of Moscow, Idaho (hereinafter referred to as "CITY"), for Pavement Overlay Projects in the City of Moscow; and WHEREAS, 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 STATE involve the expenditure of funds as set forth in the Agreement; and WHEREAS, STATE can only pay for work associated with the State Highway system; and WHEREAS, CITY is fully responsible for its share of project costs; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow, Idaho as follows: I. That the Agreement for Federal Aid Project STP-0002{ 125) 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 this Resolution shall be furnished to the Idaho Transportation Department. PASSED AND APPROVED by the Mayor of the City of Moscow, Idaho, this day of March, 2005. RlOSOl_\!TlON 2005 03 PAVf-_MF:\ r ()VERl,A Y PR(lJECTS IN T!iE CiTY OF MOSCOW!lDAHO TRANSPORTArlON l)EPART:VH.::J'-iT PAGE I OF j