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STATE/LOCAL AGREEMENT CM-2900 (104) PUBLIC TRANSPORTATION FEASIBILITY STUDY, MOSCOW LATAH COUNTY KEY NO. 8329 PARTIES T GEMENT is made and entered into this _L day of / , 2001, by and between the IDAHO TRANSPORTATION DEPARTMENT, hereafter called the STATE, and the CITY OF MOSCOW, acting by and through its Mayor and Council, hereafter called the SPONSOR. PURPOSE The SPONSOR has requested the STATE to program Federal-Aid Highway Project CM-29 00 (104), described as Public Transportation Feasibility Study, Moscow, which is to be developed by SPONSOR'S Consultant. NOTE: Securing the services of a consultant for the work 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, 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 for work off the State Highway System. The Parties agree as follows: SECTION I. 1. This Agreement is entered into for the purpose of obtaining federal participation in the project, SECTION II. That the STATE will: 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. 1 2001-08 ---PAGE BREAK--- 2. Assist in the selection of a Consultant, negotiate, and furnish the Agreement for Consultant Services and any supplements thereto, to be used between the SPONSOR and Consultant on this project. 3. Upon receipt of appropriate documentation showing expenditure of funds for development of this project, reimburse the SPONSOR for the Federal-aid share at the rate of seventy-five percent 4. Submit a statement to the SPONSOR indicating the amount of federal funds to be paid back by the SPONSOR if the project is terminated by the SPONSOR prior to completion, and the SPONSOR has been reimbursed with federal funds for project development. SECTION III. That the SPONSOR will: 1. Pay to the STATE the sum of TWO HUNDRED DOLLARS ($200.00), estimated to be the total expense to the STATE for this project. Upon project completion, if the estimated expense does not reflect the true cost of the work performed by the STATE, the SPONSOR shall remit to the STATE the additional sum needed to cover the actual costs incurred by the STATE. 2. Reimburse the STATE for all services rendered and material furnished in connection with the project. 3. With the assistance of the STATE, secure the services of a consultant to prepare the feasibility study. 4. Make timely payment of all consultant invoices throughout the development of the project. Upon completion of the feasibility study, submit to the STATE copies of all allowable consultant invoices and receipts showing payment of same. 5. Upon termination of the project by the SPONSOR, and upon receipt of the statement referred to in Section II, Paragraph 3 indicating the amount of federal funds to be paid back by the SPONSOR, remit to the STATE a check or warrant in that amount. 6. Comply with Appendix A, Title 49 CFR, Part 21, attached hereto and made a part hereof. 2 ---PAGE BREAK--- EXECUTION This Agreement is executed for the STATE by its Assistant Chief Engineer (Development), and executed for the SPONSOR by the Mayor, attested to by the City Clerk, with the imprinted Corporate Seal of the CITY OF MOSCOW. APPROVED: Ll ATTEST: (SEAL) By on regular/$pecial meeting C) ,i¢/as;/a-01)/ . hm:8329 sla. doc IDAHO TRANSPORTATION DEPARTMENT APPROVED BY: RECOMMEND£ BY: CITY OF MOSCOW 3 ---PAGE BREAK--- APPENDIX A EXCERPTS FROM TITLE 49 CFR PART 21 During the performance of work covered by this Agreement, the City of Lewiston, for itself, its assignees and successors in interest {hereafter referred to as the SPONSOR), agrees as follows: l. 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 origin, 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. 4 ---PAGE BREAK--- RESOLUTION 2001-04 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 development of a public transportation feasibility study; 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 BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MOSCOW AS FOLLOWS: 1. That the Agreement for Federal Aid Highway Project CM-2900 (104) 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. PASSED by the City Council and APPROVED by the Mayor this 5th day o February, 2001. CERTIFICATION: passed at a Regular Meeting February 5, 2001. ---PAGE BREAK--- DiSTRiCT 2 PO BOX 837 LEWISTON. /0 • 83507-0837 (208j 799-5090 March 6, 2001 The Honorable Marshall H. Comstock Mayor of Moscow P.O. Box 9203 Moscow, ID 83843 Re: Project No. CM-2900(104); Key No. 8329 Public Transportation Feasibility Study State/Local Agreement Dear Mayor Comstock: Enclosed are the fully-executed Cooperative Agreement and the Resolution between the city of Moscow and the Idaho Transportation Department for the referenced project. If you have any questions, please contact Ken Helm or me at (208) 799-5090. Sincerely, DAVID 8. KUISTI, P.E. District Project Development Engineer DBK: DF: ks/01-0 155/z:\Admin\OM\WRDFILES\ADM\Public Transportation. doc Enclosures - An Equaf Opportunity Employer -