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ITD-510 4-98 STATE/LOCAL AGREEMENT (PROJECT DEVELOPMENT) BR-7724(100) JOSEPH STREET BRIDGE, MOSCOW LATAH COUNTY KEY NO. 7783 ROADWAY DESIGN REGISTER NQ. _ _ PARTIES THIS AGREEHENT is made and entered into this d/ day of , 19, by and between the IDAHO TRANSPORTATION DEPARTMENT, hereafter called the STATE, and the CITY OF MOSCOW, acting by and through its Hayor and Council, hereafter called the SPONSOR. PURPOSE The SPONSOR has requested the STATE to program for construc tion Federal-Aid Highway Project BR-7724(100) described as Joseph Street Bridge, Hoscow, the project development for which is to be performed by SPONSOR'S staff/Consultant Engineers. 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, 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 right of way acquisition and construction costs of the project. Federal-aid for project development is not available on this project. Project development is the SPONSOR's responsibility. 2. All information, regulatory and warning signs, pavement or other markings, and traffic signals required and 99-4? ---PAGE BREAK--- warranted \'llill be developed as a part of regardless of whether the work is done as a the contract or by the SPONSOR'S forces. the plans, portion of 3. If the project is terminated by the SPONSOR prior to completion, and the SPONSOR has been reimbursed with federal funds for preliminary engineering and/or right of-way acquisition, the SPONSOR will be required to pay back those federal funds. 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 project development: 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 Environmental Evaluation and recommend other appropriate environmental documentation. 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 utilities for agreements with public carriers and on behalf of the SPONSOR. g. Hold utility hearings or advertise the opportunity therefore when necessary. 2 ---PAGE BREAK--- h. Review the Engineers» plans, estimates, reports and environmental studies, and issue notice of approval to the SPONSOR and the Engineer following the Concept, PreliminaDJ and Final Design Reviews and the Design Study Report. l . Supply roadvJay summary sheets and such standard draw ings as may be required to supplement the plans. J. Prepare title sheet. k. Print and assemble plans, special provisions, speci fications and contract. 1. Advertise for bids 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. 3. Submit a statement to the SPONSOR indicating the additional costs anticipated for preliminary engineering if preliminary engineering costs incurred by the STATE exceed the amount paid by the SPONSOR pursuant to Section III, Paragraph 1. 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 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 HUNDREDTHS DOLLARS ($10,000.00), estimated to be the total expense to the STATE. 2. Upon receipt of the statement referred to in Section II, Paragraph 3 indicating additional costs anticipated for preliminary engineering services to be provided by the STATE, remit to the STATE a check or warrant in that amount. Upon project completion, if the total estimated expense does not reflect the true cost of the 3 ---PAGE BREAK--- work performed by the STATE, an adjustment will be made accordingly. 3. Upon termination of the project by the SPONSOR, and upon receipt of the statement referred to in Section II, Paragraph 4 indicating the amount of federal funds to be paid back by the SPONSOR, remit to the STATE a check or warrant in that amount. 4. Reimburse the STATE for all services rendered and material furnished in connection with the project. 5 . Acquire with the STATE'S assistance as noted i n Section II, Paragraph 2d, all rights-of-way/easements needed to provide for construction and maintenance of the project. 6. Furnish all appraisals required for the project to be reviewed by the STATE. 7. 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. 8. Make every reasonable effort to acquire the real property by negotiation. 9. 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. 10. 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; the Idaho Real Property Acquisition Act of 1971; Title 40, Chapter 29; and Title 58, Chapter 11; 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 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. 4 ---PAGE BREAK--- 11. To the greatest extent p2::-acticable, 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. 12. 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. 13. 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. 14. 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. 15 16. Comply with Appendix A, Title 49 CFR, Part 21, attached hereto and made a part hereof. **15. Each party to this Agreement agrees to indemnify and hold hannless the other from any and all liability for any injury, damage or claim sustained by any person or property caused by the party or its (employees while perfonning under this Agreement. 5 ---PAGE BREAK--- EXECUTION This Agreement is executed for the STATE by its Chief Engineer, and executed for the SPONSOR by the Mayor, attested to by the City Clerk, with the imprinted Corporate Seal of the CITY OF MOSCOW. IDAHO TRANSPORTATION DEPARTMENT Chief pngineerv RECOMMENDED BY: LkaiCOUilSeJ: 6 ---PAGE BREAK--- APPENDIX A EXCERPTS FROM TITLE 49 CFR PART 21 Durir;.g the per:ormance of q·:ork covered by this .A.greement, City of Nosco'> lt.sel:, it:s assignees and S'..lccessors in interest (hereaft.er 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 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 -,.;ill 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. 7