Document Moscow_doc_ae251d232e

STATE/LOCAL AGREEMENT (PROJECT DEVELOPMENT) PROJECT NO A013(014) MOUNTAIN VIEW RD, MOSCOW LATAH COUNTY KEY NO. 13014 PARTIES THIS AGREEMENT is made and entered into this 
y of f21c.t.!-·i , 6l)), by and between the IDAHO TRANSPORTATI¢N BOARD, by and through the IDAHO TRANSPORTATION DEPARTMENT represented by the Local Highway Technical Assistance Council (LHTAC) , hereafter collectively called the State, and CITY OF MOSCOW, acting by and through its City Council and Mayor, hereafter called the Sponsor. PURPOSE The Sponsor has requested that the State include in its Idaho Transportation Investment Program Federal-Aid Project No. A013(014) , described as Mountain View Road Reconstruction. Project development 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: 1 State/Local Agreement (PD) .Mountain View Rd Key No. 13014 2..0I'L· 'lC ---PAGE BREAK--- SECTION I. GENERAL 1. It is necessary to develop construction plans and specifications in order that federal participation may 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 in the approved Idaho Transportation Investment Program, and subsequent revisions. Current estimated funding is as follows: a. Project Development (State, Consultant, Local) $306,000 b. Right-of-Way - $62,000 c. Utilities - $0 d. Construction Engineering - $330,000 e. Construction - $1,650,000 f. Total Estimated Project Costs $2,348,000 3. The Sponsor's match for this project will be provided in cash in the amount of 7. 34 percent of the entire project (current estimate $172,343) 4. This project shall be designed to State Standards as defined in the current version of the Idaho Transportation Department's Design Manual, or as subsequently revised. The current version of the Design Manual can be viewed at the following web site: http: //itdċidaho. gov/manuals/ManualsOnline. htm 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, the Sponsor shall repay to the State all federal funds received for the project, and shall be liable to the State for any un-reimbursed incidental expenses as provided for in Section II, Paragraph 1 of this Agreement. 2 State/Local Agreement (PD) Mountain View Rd Key No. 13014 ---PAGE BREAK--- 7. Sufficient Appropriation. It is understood and agreed that the State is a governmental agency, and this Agreement shall in no way be construed so as to bind or obligate the State beyond the term of any particular appropriation of funds by the Federal Government or the State Legislature as may exist from time to time. The State reserves the right to terminate this Agreement if, in its sole judgment, the Federal Government or the legislature of the State of Idaho f ails, neglects or refuses to appropriate sufficient funds as may be required for the State to continue payments. Any such termination shall take effect immediately upon notice and be otherwise effective as provided in this Agreement. 8. The Stewardship Agreement dated November 8, 2011, (and subsequent revisions) shall dictate the division of the duties listed under Section II of this Agreement between the Idaho Transportation Department and the Local Highway Technical Assistance Council. SECTION II. That the State shall: 9. Provide the f ollowing 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. Review copies of materials test reports and other data applying to the project and available to the State. d. Provide a hearing officer to conduct a formal public hearing. e. Assign personnel to determine entitlements and assistance which required by the project. relocation might be 3 State/Local Agreement (PD) Mountain View Rd Key No. 13014 ---PAGE BREAK--- f . File with the Federal Highway Administration applications for exceptions to AASHTO Standards when appropriate and for government land withdrawals for rights-of-way and airport clearance. g. If required, assist in negotiations with public carriers and utili ties for agreements 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 Consultant plans, estimates, reports and environmental studies, and issue notice of approval when required as provided for in the Stewardship Agreement. i. j . Supply roadway summary sheets drawings as may be required plans. Unless otherwise included in for the Consultant agreement, sheet. and such standard to supplement the the scope of work prepare the title k. Print and assemble plans, special provisions, specifications and contract. 2. Advertise for bids and let the construction contract. Prior to construction, the parties will enter into a separate agreement 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 f or eligible expenses at the approved Federal-aid rate. 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 f or any federal the Sponsor if the project is completion, and the Sponsor has f ederal f unds f or preliminary right-of-way acquisition. 4 f unds to be repaid by terminated prior to been reimbursed with engineering and/or State/Local Agreement (PDJ Mountain View Rd Key No. 13014 ---PAGE BREAK--- SECTION III. That the Sponsor shall: 1. Pay to the State, before the State begins the incidental services referred to in Section II, Paragraph 1, the sum of TEN THOUSAND DOLLARS ($10, 000), as a deposit toward expenses incurred by the State. In addition, 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 3. Checks shall be made payable to the "Idaho Transportation Department", and mailed to ITD Headquarters, PO Box 7129, Boise, ID 83707-1129, attention Jennifer Miller. 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. Make timely payment of all consultant invoices throughout the design of the project. Periodically the Sponsor may 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. 6. 7. Advertise required for required formal public hearing if If requested by a utility before the City Council or The Sponsor will issue orders company, hold hearings Board of Commissioners. to the utilities. Acquire Section provide project. with the State's assistance as noted in II, all rights-of-way and easements needed to for construction and maintenance of the 8. Employ an approved appraiser to complete all appraisals and an independent appraiser to review appraisals required for the project. 9. 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. 5 State/Local Agreement (PD) Mountain View Rd Key No. 13014 ---PAGE BREAK--- 10. Provide a right-of-way status report, and forward it to the Agreement Administrator. 11. 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. 12. Make a good faith effort, in accordance with Real Property Acquisition Policies Act of 1970, to acquire the real property by negotiation. Employ an Approved Negotiator if necessary. 13. Inform the property owner, J.n 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. 14 . 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; 4 9 CFR 24; 23 CFR 710; the Idaho Real Property Acquisition Act of 1971; Title 40, Chapter 20; 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. In addition, 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. 15. 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. 16. Before advertisement for bids, provide a certification that all rights-of -way, easements, permits, materials sources and agreements necessary for the construction 6 State/Local Agreement (PD) Mountain View Rd Key No. 13014 ---PAGE BREAK--- 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. 17. 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. 18. 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. 19. Comply with Appendix A, Title 4 9 CFR, Part 21, attached hereto and made a part hereof. By this agreement Sponsor agrees to comply with and be bound to the Civil Rights provisions of Title VI of the Federal Code and to generally insert those provisions in all contracts that it enters into that are federally funded on this project. If property acquired for this project with Federal financial assistance is transferred, the recipient of the property will be subject to Appendix A if the property is used for the same purpose it was originally acquired or for another purpose involving similar services or benefits to the general public. Sponsor should contact the State prior to disposing of any property acquired under this agreement. 20. 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 shall be retained until completion of the action and resolution of all issues that arise from it. 7 state/Local Agreement (PDJ Mountain View Rd Key No. 13014 ---PAGE BREAK--- 21. Comply with all other applicable State and Federal regulations. EXECUTION This Agreement is executed for the State by its Highways Program Oversight Engineer, 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 Deputy Attorney General ATTEST: (SEAL) By on hm:l3014 SLAPD.docx IDAHO TRANSPORTATION DEPARTMENT APPROVED BY:

h . Hlg ways Program Overslg t Englneer RECOMMENDED BY: CITY OF MOSCOW 8 State/Local Agreement (PD) Mountain View Rd Key No. 13014 ---PAGE BREAK--- Appendix A Non-Discrimination Agreement for Local Public Agencies Title VI Program Organization and Staffing Pursuant to 23 CFR 200, the Sponsor has designated a Title VI Coordinator who is responsible for monitoring practices, procedures, policies, and documents for compliance with Title VI. This individual is the designated liaison for Title VI program activities and for coordinating compliance monitoring with the Idaho Transportation Department Equal Employment Opportunity Office. Assurances ofNon-Discrimination 49 CFR Part 2 I. 7 The Sponsor hereby gives assurances: I. That no person shall on the grounds of race, color, or national origin, be excluded from participation in. be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the Sponsor regardless of whether those programs and activities are Federally funded or not. The Federal-aid Highway Transportation Act of 1973 added sex to the list of prohibitive factors. Disability was added through Section 504 of the Rchabi litation Act of 1973. Age was subsequently added in I 975 under the Age Discrimination Act. Minority populations and low-income populations were added by Presidential Executive Order 12898. Limited English proficient persons was added by Presidential Executive Order 13166. 2. That it will take any measures necessary to effectuate this agreement. 3. That each program, activity, and facility (i.e. lands change to roadways, park and ride lots etc.) as defined at 49 CFR 2 I .23(b) and and the Civil Rights Restoration Act of I 987 will be (with regard to a program or activity) conducted, or will be (with regard to a facility) operated in compliance with the nondiscriminatory requirements imposed by, or pursuant to, this agreement. further assurance is given that the Sponsor will comply with all requirements of Title II of the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Vocational Rehabilitation Act of 1973. Public agencies are required to have completed a self-evaluation of all their programs and services (including pedestrian facilities) by 1992. In addition, public agencies with 50 or more employees were required to develop an ADA Transition Plan describing in detail how corrections would be made. If corrections could not be made within one year (or 1993), the Plan was to include a detailed schedule of how corrections would be made (CFR 28 35. I 05 & 35. I 50). 4. That these assurances are given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other federal financial assistance extended after the date hereof to the Sponsor by the Idaho Transportation Department (ITO) under the Federally-Funded Program and is binding on it, other recipients, sub-grantees, contractors, sub-contractors, transferees, successors in interest and other pmticipants. 5. That the Sponsor shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with all Federally-Funded programs and, in adapted form all proposals for negotiated agreements: The (Sponsor), in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 US. C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs uf the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disad\'atltaged business ente11;rises as defined at 49 CFR Part 23 will be af orded full 1 State/Local Agreement (PDJ Mountain View Rd Key No. 13014 ---PAGE BREAK--- opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds o,(race, color, national origin, sex, or disabiUty in consideration for an award. 6. That the Sponsor shall insert the clauses of Attachment I of this Agreement in every contract subject to the Act and the Regulations. 7. That the Sponsor shall insert the clauses of Attachment 2 of this Agreement, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. 8. The Sponsor agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this agreement. Implementation Procedures This agreement shall serve as the Sponsor's Title VI plan pursuant to 23 CFR 200 and 49 CFR 21. For the purpose of this agreement, "Federal Assistance" shall include: I. grants and loans of Federal funds, 2. the grant or donation of Federal property and interest in property, 3. the detail of Federal personnel, 4. the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the Sponsor, or in recognition of the public interest to be served by such sale or lease to the Sponsor, and 5. any Federal agreement, arrangement, or other contract which has as one of its purposes, the provision of assistance. The Sponsor shall: I. Issue a policy statement, signed by the Sponsor's authorized representative, which expresses its commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated throughout the Sponsor's organization and to the general public. Such information shall be published where appropriate in languages other than English. 2. Take affirmative action to correct any deficiencies found by ITO or the United States Department of Transportation (USDOT) within a reasonable time period, not to exceed 90 days, in order to implement Title VI compliance in accordance with this agreement. The Sponsor's authorized representative shall be held responsible for implementing Title VI requirements. 3. Designate a Title VI Coordinator who has a responsible position in the organization and easy access to the Sponsor's authorized representative. The Title VI Coordinator shall be responsible for initiating and monitoring Title VI activities and preparing required reports. 4. Adequately implement the civil rights requirements. 5. Process complaints of discrimination consistent with the provisions contained in this agreement. Investigations shall be conducted by civil rights personnel trained in discrimination complaint investigation. Identify each complainant by race, color, national origin, sex, or disability; the nature of the complaint; the date the complaint was filed; the date the investigation was completed; the disposition; the date of the disposition; and other pertinent information. A copy of the complaint, together with a copy of the Sponsor's report of investigation, will be forwarded to ITO's EEO Office- External Programs within I 0 days of the date the complaint was received by the Sponsor. 2 State/Local Agreement (PD) Mountain View Rd Key No. 13014 ---PAGE BREAK--- 6. Collect statistical data (race and sex) of participants in, and beneficiaries of the Transportation programs and activities conducted by the Sponsor. 7. Conduct Title VI reviews of the Sponsor and sub-recipient contractor/consultant program areas and activities. Revise where applicable, policies, procedures and directives to include Title VI requirements. 8. Attend training programs on Title VI and related statutes conducted by lTD's EEO Office. 9. Participate in an annual review of the Sponsor's Title VI Program, the purpose of which is to determine to what extent the Sponsor has complied with Title VI requirements including the ADA. This review is conducted one year from the date of approval of the Non-Discrimination Agreement and then annually on the same date. The format for the Title VI review will be provided each year to the Sponsor for completion. A determination of compliance will be made by lTD's EEO Office based on the information supplied in the review. This review of the Sponsor's Title VI Program may also include an on-site review in order to determine compliance. Discrimination Complaint Procedure Any person who believes that he or she, individually, as a member of any specific class, or in connection with any disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973 and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with the Sponsor. A complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to the Sponsor's Title VI Coordinator for review and action. In order to have the complaint consideration under this procedure, the complainant must file the complaint no later than 180 days after: a) The date of alleged act of discrimination; or b) Where there has been a continuing course of conduct, the date on which that conduct was discontinued. In either case, the Sponsor or his/her designee may extend the time for filing or waive the time limit in the interest ofjustice, specifying in writing the reason for so doing. Complaints shall be in writing and shall be signed by the complainant and/or the complainant's representative. Complaints shall set fo1th as fully as possible the facts and circumstances surrounding the claimed discrimination. In the event that a person makes a verbal complaint of discrimination to an officer or employee of the Sponsor, the person shall be interviewed by the Title VI Coordinator. If necessary, the Title VI Coordinator will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature. The complaint shall then be handled according to the Sponsor's investigative procedures. Within I 0 days, the Title VI Coordinator will acknowledge receipt of the allegation, inform the complainant of action taken or proposed action to process the allegation, and advise the complainant of other avenues of redress available, such as lTD and USDOT. The Sponsor will advise ITO within I 0 days of receipt of the allegations. Generally, the following information will be included in every notification to lTD: a) Name, address, and phone number of the complainant. b) Name(s) and address(cs) of alleged discriminating official(s). c) Basis of complaint race, color, national origin or sex) d) Date of alleged discriminatory act(s). e) Date of complaint received by the Sponsor. 3 State/Local Agreement (PD) Mountain View Rd Key No. 13014 ---PAGE BREAK--- f) A statement of the complaint. g) Other agencies (state, local or Federal) where the complaint has been tiled. h) An explanation of the actions the Sponsor has taken or proposed to resolve the issue raised in the complaint. Within 60 days, the Title VI Coordinator will conduct an investigation of the allegation and based on the in formation obtained, will render a recommendation for action in a report of findings to the Sponsor's authorized representative. The complaint should be resolved by informal means whenever possible. Such informal attempts and their results will be summarized in the report of findings. Within 90 days of receipt of the complaint, the Sponsor's authorized representative will notify the complainant in writing of the final decision reached, including the proposed disposition of the matter. The notification will advise the complainant of his/her appeal rights with lTD, or US DOT, if they are dissatisfied with the final decision rendered by the Sponsor. The Title VI Coordinator will also provide ITO with a copy of this decision and summary of findings upon completion of the investigation. Contacts for the different Title VI administrative jurisdictions are as follows: Idaho Transportation Department Equal Employment Opportunity Office- External Programs EEO Manager PO Box 7 129 Boise, ID 83 707-I 129 [PHONE REDACTED] Federal Highway Administration Idaho Division Office 3050 Lakeharbor Lane, Suite 126 Boise, ID 83703 [PHONE REDACTED] Sanctions In the event the Sponsor fails or refuses to comply with the terms of this agreement, the ITO may take any or all of the following actions: I. Cancel, terminate, or suspend this agreement in whole or in pa1t; 2. Refrain from extending any further assistance to the Sponsor under the program from which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Sponsor. 3. Take such other action that may be deemed appropriate under the circumstances, until compliance or remedial action has been accomplished by the Sponsor; 4. Refer the case to the Department of Justice for appropriate legal proceedings. Distribution: EEO Office Appendix A revised: 03-09, 08-10 4 State/Local Agreement (PD) Mountain View Rd Key No. 13014 ---PAGE BREAK--- Attachment I This Attachment is to be inserted in every contract subject to Title VI of the Civil Rights Act of 1964 and associated Regulations. During the performance of this contract, the contractor/consultant, for itself, its assignees and successors m interest (hereinafter referred to as the "contractor") agrees as follows: I. Compliance with Regulations The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not. discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub-contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non­ discrimination on the grounds of race, color, sex, or national origin. ô. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this infonnation, the contractor shall so certify to lTD or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 5. S anctions for Non-compliance In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: • Withholding of payments to the contractor under the contract until the contractor complies, and/or; • Cancellation, termination, or suspension of the contract, in whole or in part Incorporation of Provisions The contractor shall include the provisions of paragraphs ( l) through in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub-contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub­ contractor or supplier as a result of such direction, the contractor may request ITO enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. 5 State/Local Agreement (PD) Mountain View Rd Key No. 13014 ---PAGE BREAK--- Attachment 2 The following clauses shall be included in any and all deeds affecting or recording the transfer of real property. structures or improvements thereon, or interest therein from the United States. GRANTING CLAUSE NOW THEREFORE, Department of Transportation, as authorized by law, and upon the condition that the state of Idaho will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of Federal Aid for Highways and the policies and procedures prescribed by the United States Department of Transportation and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Oftice of the Secretary, Part 21, Nondiscrimination in federally assisted programs of the Department of Transportation lTD (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of I 064 (78 Stat. 252: 42 USC 2000d to 2000d - 4) does hereby remise, release. quitclaim, and convey unto the state of Idaho all the right, title, and interest of the Department of Transportation in and to said land described in Exhibit A attached hereto and made a part thereof. HABENDUM CLAUSE TO HAVE AND TO HOLD said lands and interests therein unto the state of Idaho, and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which the federallinancial assistance is extended or for another purpose involving the provisions of similar services or benclits and shall be binding on the state of Idaho, its successors, and assigns. The state of Idaho, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself. its successors and assigns, that ( I) no person shall on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of. or be otherwise subject to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed that the state of Idaho, shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Non-discrimination of federally assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended(.) and that in the event of breach of any of the above mentioned non-discrimination conditions, the department shall have a right to reenter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction.1 1 Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. ---PAGE BREAK--- RESOLUTION NO. 2012 - 07 A RESOLUTION OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AGREEING TO SUPPORT FEDERAL AID SAFE ROUTES TO SCHOOL PROJECT; PROVIDING THAT THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of the STATE and the CITY OF MOSCOW, IDAHO, hereafter called the CITY, for the construction of Mountain View Road; and WHEREAS, the STATE is responsible for obtaining compliance and laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal-Aid Highway System when there is a 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, Idaho as follows: I . The Agreement for Federal Aid Project AO 13(0 14) is hereby approved. 2. That the Mayor and 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 AND APPROVED by the City Council of the City of Moscow, Idaho, this 71h day of May, 2012. RESO!.lll!ON 2012-07 MOUNTAIN vIEW ROAD/I DAIIO TRANSPORTATION DEPARTMENT PAm. 1 OF 1 ---PAGE BREAK--- Professional Service Agreement Procedures Term Agreements SECTION 600.00 TERM AGREEMENTS 600.00 Term Agreements 610.00 Pre-Qualified Services 620.00 General Procedures 630.00 Requesting Consultant Services 640.00 Work Task Administration 5-11 Section 600.00 ToC ---PAGE BREAK--- Professional Service Agreement Procedures Term Agreements SECTION 600.00 - TERM AGREEMENTS 600.00 The purpose of Term Agreements is for the department to pre-quality Consultants who will be available to perform services as the need arises. These agreements are for specific, well-defined, and narrow­ focused work and small projects. The department maintains a list of consulting firms who have Term Agreements. The FHWA has also approved the utilization of this list of consultants on local projects. The department does not intend that qualified local consultants who are not on the list be shut out from proposing on local projects. If local agencies feel Utat qualified firms are not on lTD's list, then the open solicitation and selection process should be used. Under Term Agreements, no single Work Task shall exceed $500,000, and all of the Work Tasks under one project assigned to a specific Consultant shall not exceed $500,000. Accumulated Work Tasks associated with a Term Agreement cannot exceed $1,500,000 in the aggregate for the term period without prior approval by the Idaho Transpo11ation Board. Projects or Work Task fees that are expected to exceed $500,000 shall use the individual project solicitation and consultant selection process rather than a Term Agreement. SECTION 610.00- PRE-QUALIFIED SERVICES Consultants can be selected to satisfy each District's workload for both state highway and local projects for the following categories of service: A. B. c. D. Bridges & Structures A I. Design A2. Inspection AJ. Hydraulics A4. Load Rating Roadway Design B I. General Roadway Design 82. Traffic Services BJ. Pathways B4. Value Engineering Survey & Mapping C l. Location survey C2. Construction survey C3. Land survey C4. Global positioning survey{GPS) C5a. Aerial mapping­ Photogrammetric Mapping C5b. Aerial Mapping­ Surveying for Mapping C6. Subsurface Utility Engineering Architecture D I . Building design D2. Building inspection D3. Landscape design D4. Interior design 5-11 E. F. D5. Mechanical design D6. Electrical design D7. Structural design/analysis Environmental El. Report Documentation/Mgmt E2. Noise Studies EJ. Air Quality Analysis E4. Wetlands E5. Water Quality Analysis E6. Biological Studies E7. Cultural Resources E7a. Architectural History E7b. Archaeology E8. Hazardous Materials/Waste E9. Visual Assessment Transportation Planning Fl. Public involvement F2. Public relations F3. Public opinion research F4. Photography FS. Videography F6. Graphic arts F7. Studies and plans F8. GIS Planning & Mapping F9. Visualization Services ---PAGE BREAK--- Professional Service Agreement Procedures G. Construction Engineering/Inspection G I. Project management 02. Partnering G 3 . (l·eserved) 04. Claims Analysis 05. Audit G6. Construction Inspection Term Agreements G7. Construction Materials Testing H. Geotechnical/Materials HI. Project development HI a. Materials report phase I HI b. Materials report phase 2 H 1 c. Materials report phase 3 HI d. Materials report phase 4 HI e. Materials report phase 5 Hl f. Pavement rehabilitation Hlg. Geotechnical Engineering H2. Subservice Investigation H2a. Drilling & sampling H2b. Exploration supervision & analysis H3. Materials Lab Testing H4. Non-destructive testing for pavements J. Intelligent Transportation Services (ITS) J I. ITS Planning J2. ITS Design J3. ITS Implementation/Deployment K. Airports K I. Airport Planning K2. Airport Engineering 610.00 Additional categories of service can be added should the continual need for Consultant services warrant it. 5-11 ---PAGE BREAK--- Professional Service Agreement Procedures Term Agreements SECTION 620.00 - GENERAL PROCEDURES 620.00 The Term Agreement is a Jist of consultants that have been pre-qualified through the qualification-based selection process. The CAU allows consultants to propose for the Tcnn Agreement at any time. Subconsultants to be used on Work Tasks under the Term Agreement are required to be on the Term Agreement List. There are enough on-going changes in the consultant industry that make it appropriate to solicit a new Term Agreement every two to three years. Standard Term Agreements shall be for a two-year period Consultants on the Tenn Agreement are required to update their overhead on a yearly basis. The Overhead Policy can be viewed on the CAU web site at h1JP-;ffw_ww.itd.idaho.gov/dcsign/cau/policies/overhead.htm . The CAU shall administer the procurement and utilization ofTenn Agreements. SECTION 630.00 - REQUESTING CONSULTANT SERVICES When services are desired under the Term Agreement fonnat, an ITD-2760, Request for Consultant Services, shall be completed, and sent to the CAU for processing. SECTION 640 - CONSULTANT SELECTION METHODS Consultant selection is based on one of the following: All Services Estimated Less than $ 1 50,000. All Services Estimated Between $1 50,000 and $500,000 All Services Estimated Less tban $150,000 Agreements initiated with this selection method shall not exceed $ 1 50,000. Services that exceed $150,000 cannot be broken down into smaller components merely to pem1it the use of this method. Under this method, a single prequalified consultant may be selected from the Tenn Agreement List to negotiate an agreement. A selection committee will not be used. A Term Agreement List may be obtained from the CAU Web Site by the originating party. The selected consultant will be required to be prequalified for all of the services they will be providing. Subconsultants will also be required to be prequalified if a category of service exists for the services they will be providing. If a category does not exist, qualifications and perfonnance data will be required for evaluation to be accepted. The CAU will coordinate with the originating party to determine the Tenn Agreement categories of services required for the work to be provided. Once the Request for Consultant Services is approved, negotiations may begin with the selected consultant. 5-1 1 ---PAGE BREAK--- Professional Service Agreement Procedures Term Agreements All Services Estimated Between $150,000 and $500,000 620.00 Agreements initiated with this selection method shall not exceed $500,000. Services that exceed $500,000 cannot be broken down into smaller components merely to permit the use of this method. For services estimated more than $500,000, refer to Section 300. Under this method, an adequate number of prequalified consultants from the Term Agreement List will be identified for evaluation. A Term Agreement List may be obtained from the CAU Web Site by the originating party. The prime consultants will be required to be prequalified for all of the services they will be providing. S ubconsultants will also be required to be prcqualificd if a category of service exists for the services they will be providing. Jf a category does not exist, qualifications and performance data will be required for evaluation to be accepted. The Consultant Administration Unit (CAU) will coordinate with the originating party to identify an adequate number of prequalified consultants from the Term Agreement List for evaluation and assemble a selection committee. No less than three consultants may be short-listed for consideration. A selection committee consisting of three or five members will be assembled by the Agreement Administrator for each solicitation. The Agreement Administrator will normally be one of the members. The other members will be selected based on the services being requested. All members must understand the scope of work and be familiar with consultant selection procedures. The names of the committee members will be fumished to the CAU. The committee will designate one of the members to lead the committee and document the decision-making process. Once a Request for Consultant Services is approved, a Request for Information (RFI) will be prepared. The RFI will consist of an initial scope of work and a list of questions for the consultants to answer in writing. The initial scope of work will briefly describe the project; including details of the work to be provided and will clearly state what prequalification categories of service are required. The list of questions will be tailored to the needed services. Normally, 5 to 7 questions will be sufficient but no less than 3 questions will be used. Possible topics for consideration include: ability to meet schedule requirements; current workload and commitment of key personnel; changes in qualified staff; if applicable, commitment to meet or exceed an established DBE participation goal; proposed subconsultants and the services they will perform; project understanding and approach for furnishing the required services. Sample questions may be obtained from the CAU. The same RFI will be sent to all of the short-listed firms. A new short list will only be required if none of the short-listed firms respond to the RFJ. Each selection committee member will independently evaluate all of the submittals received, based on the criteria established in the initial scope of work contained in the RFL Each committee member will rank the submittals in order of preference. The committee will discuss the submittals and reach a consensus on the final ranking. The committee's decision-making process will be documented and copies of the documentation will be sent to the CAU. When the selection is final, the respondents will be notified of the selection and negotiations may begin with the highest ranked firm. SECTION 650.00 - WORK TASK ADMINISTRATION Negotiations and Agreement Management should be similar to Consultant Agreements per Section 400 and 500 of this manual. Should the first Consultant not be available or not be able to negotiate a satisfactory agreement, then another qualified Consultant will be contacted and so on until a satisfactory agreement is negotiated. The CAU will work with the originating party and the Consultant chosen to see that the Work Task is set up in a manner that best serves the party needing the service. The administration of Consultant Agreements should be used as the basic guide for administering Work Tasks. See Section 500.00 - Agreement Administration. 5-1 1