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ITD-721 1 2/90 (20 ŏages) AGREEMENT FOR ENGINEERING SERVICES PARTIES THIS AGREEMENT is made and entered into this 2nd day of _A , 1 9Ŏ, by and between 114-E... oA fV\osc.ovJ hereafter called the Sponsor, and JUB ENGrt""--EERS .LNC. , Consulting Engineer, whose address is 1250 I.Rol\.l wooD D R u- z. o C. OEUR.. d'ALENE. hereafter called the Engineers, which as used herein shall denote singular or plural thereof. RATIFICATION The Idaho Transportation Department, representing the Federal Highway Administration on all local federal-aid highway projects, is authorized to ratify all agreements for engineering services entered into between sponsoring local agencies and their retained consultants. All references to State used hereafter shall denote the Idaho Transportation Department. PURPOSE The Sponsor proposes to construct approximately Bne mile(s) of /Jife-nolive:.. Trai15Qo '"titJI/J /-uwa.v to consist of I I f?av;JurM /o !Jid/11 sf-reef -Pt'cle.s!Yid/4 Af4wqy to be designated as Project No. CM- 2 900 ( I Oo) > Since the Sponsor is inadequately staffed to survey, completely design, and prepare construction plans and cost estimates for the project, and the Engineers, registered in Idaho, have properly trained and experienced personnel available to perform the services within the prescribed time l imit, the Sponsor and Engineers agree as follows: I. DESCRIPTION OF WORK TO BE ACCOMPLISHED A. PRIME ENGINEERING SERVICES The Engineers agree to perform the fol lowing described services, furnishing all personnel, materials, supplies, equipment and other incidentals necessary or convenient to the successful completion of the work in accordance with the standards and procedures of the State as set forth in its various manuals, standard specifications and drawings, and related memoranda, established to carry out certain provisions of the Federal-Aid Highway Act. All references to the State's performance of work in the foregoing publications AGREEMENT FOR ENGINEERING SERVICES, PAGE 1 OF 20 ---PAGE BREAK--- ITD-721 12/90 (20 ŋages) and not reiterated in this Agreement, shall be interpreted as meaninQ performance by the Engineers. 1. Environmental Study. An environmental evaluation shall be pre pared for the project on Form ITD-654, as provided by the State. Any additional environmental documentation will be prepared in compliance with Title 23 CFR 771, and will be covered under p Section IV. MISCELLANEOUS PROVISIONS, C. CHANGES IN WORK. ft 2. Field Surveys. All surveys necessary for the location, design and preparation of estimates and contract plans shall be made as follows: a. Centerline Survey to establish the horizontal and vertical locations of the road, with the length and bearing of each course, along with benchmark elevations, all correctly deter mined and adequately referenced to land subdivisions corners. Iron pin markers 1/2-inch in diameter or larger and at least 18 inches long shall be placed on the final centerline at the beginning and end of the project, at points of intersection where feasible, at curve ends, and at reasonable intervals on tangents. Reference points shall be offset from the centerline so as to facilitate future recovery of the final centerline survey. b. Before establishing the permanent location of the project, or before the work specified herein as Field Surveys has been completed, the Engineers shall contact the State to arrange for an archaeological reconnaissance of the project alignment and all materials sources recommended for the project. The Engineers shall be responsible for obtaining voluntary permission to enter upon private property for the purpose of field surveys and/or other field investigations. Where permission is denied, the Sponsor will take action to assure entry. 3. Concept Study. Upon review of the surveying and mapping or topography the Engineer shall conduct a Concept Study complete with a benefit/cost analysis on all alternatives. The Sponsor and the State will be consul ted during the Concept Study to ensure that all of the project criteria are considered. Design criteria and controls to be used in developing the alternatives shall be established and approved in accordance with the proce dures outlined in the ITD Design Manual. A Pavement Structure Analysis (part of the Phase I Materials Report) will be included in the Concept Study. NA - DRB X Materials and Subsurface Investigations. All investigations Y- - shall be conducted in accordance with procedures outlined in the ITD Design Manual and the ITD Materials Manual, and shall consist of, but not necessarily be limited to: furnishing a soil's profile; foundation investigation; borrow and aggregate sources' investigations and plat; logs of all drill holes; and all necessary samples to provide essential information for the design of highways and bridges. AGREEMENT FOR ENGINEERING SERVICES, PAGE 2 OF 20 ---PAGE BREAK--- ITD-721 1 2/90 (20 Ōages) Drilling and testing shall be in conformance with the applicable State Standard Methods. The Engineers shall be responsible for obtaining and testing all necessary soils and materials samples. If any of the above materials and subsurface investigations or materials testing is to be accomplished by subcontract, the work will be done by , in accordance with the separate schedule attached to and made a part of this Agreement. If at any time the investigation work on the foundation shall be stopped, the Engineers shall be compensated for the work performed in accordance with the attached schedule. Should an increase or decrease in foundation investigation work be required because of a change in location, change in type of structure, or because of any other unforeseen circumstance, the additional investigation shall be negotiated in accordance with Section IV. MISCELLANEOUS PROVISIONS, C. CHANGES IN WORK. Unless approved commercial sources are to be used, in which case no source investigation is necessary, the Engineers shall be responsible for finding, locating and investigating potential soils, aggregate and rock sources. The cost of operating and furnishing or renting all mechanical equipment, such as power shovels, bulldozers, power drills, etc. , required to prospect and investigate materials sources or make foundation tests, and the cost of testing all soils and materials samples, not expressly provided for in this Agreement or attached schedules, shall be borne by the Sponsor. The necessity for and the extent of such prospecting and testing shall be determined by the State. The Engineers shall secure the written approval of the Sponsor before renting any such mechanical equipment. The Engineers shall submit Materials Reports, covering: Phases Geology Reconnaissance Structure Analysis; (II) Soils; (III) Pavement; Foundation; and Special Provisions. as and (IV) required, Pavement Structure 5. Intermediate Design Review. The Intermediate Design Review gives the Sponsor, Engineers or State an opportunity to review and comment on the design details of the roadway, bridge or traffic plans at any time prior to completing the plans for advertisement. This review may be done through telephone conversations or written correspondence and would not necessari ly require a formal review. NA DRB Hydraulic Design. Hydraulic design shall consist of all studies necessary to design the project drainage and irrigation facilities. AGREEMENT FOR ENGINEERING SERVICES, PAGE 3 OF 20 (r ---PAGE BREAK--- ITD-721 12/90 (20 ōages) The Engineers shall evaluate flood hazards throughout the project and shall endeavor to avoid areas subject to flooding. If an encroachment on a flood plain is necessary, an evaluation shall be made of the flood potential, the effect of the flood potential on the project and the effect of the project construc tion on the flood potential. 7. Airport Clearance. If conditions warrant, the Engineers shall submit to the State a completed FAA Form 7460-1, along with a detailed map showing what effect the highway project and airport would have on each other. 8. Design of Roadway. The design, which is to be based on the appropriate annual average daily traffic volumes or design hourly volumes, shall conform to the standards adopted by AASHTO for construction and reconstruction of federal-aid highways. Unless available from the Sponsor or State, the Engineers are responsible for determining the traffic volumes in the initial and design years, including intersection turning volumes necessary for design of the project. Any departure from AASHTO standards shall be made only in those cases where prior approval of the State and the Federal Highway Administration has been obtained. Roadway design shall be complete and comprehensive, consisting of all essential components which may or may not be specifically designated elsewhere in this Agreement, but shall be in accordance with the procedures outlined in the ITD Design Manual. In conformity with good design practices, and when practicable, the Engineers shall incorporate aesthetic and roadside beautifi cation into the design of the project. 9. Fish and Game Clearance. Early in the preliminary design phase, the Engineers shall contact the regional office of the Idaho Department of Fish and Game for input on any project affecting streams, wildlife or wildlife habitat. In addition, permits shall be obtained by the Sponsor with assistance from the Engi neers, from the Idaho Department of Water Resources for projects affecting continuously flowing natural streams. Similarly, clearances shall be obtained from the Fish and Game office for projects affecting wildlife or wildlife habitat. 10. Preliminary Design Review. The purpose of the Preliminary Design Review is to initiate, resolve and approve the overall design aspects. The plans should be prepared in accordance with the applicable sections of the ITD Design Manual and shall include, but not be limited to the following: Project Limits: Station and Milepost. Length of Transitions. Basic Design Vehicle at Intersections: Select the Design Vehicle to be used in geometric design of intersections and pavement markings. Number of lanes at Intersection approaches, auxiliary lanes for turning and turning movements Structure Coordination. Passing Opportunity. Rights-of-Way requirements. AGREEMENT FOR ENGINEERING SERVICES, PAGE 4 OF 20 including in DHV. ---PAGE BREAK--- ITD-721 12/90 (20 rages) During the Preliminary Design Review, requirements and review the available (All environmental, section 4(f) constraints must be identified) . resolve hearing and plan environmental documents. and historic property An approved Concept Study is required at the Preliminary Design Review. A Roadway Inventory of the existing conditions is to be submitted prior to or with the Preliminary Design Review submittal. 11. Design of Structures. This item shall consist of the comprehen sive design of all structures for the project, including all detailing (except shop details) and the determination of all plan quantities. All structures shall be designed in accordance with current AASHTO Specifications for Highway Bridges and the procedures outlined in the ITD Bridge Office Standards, using an HS-20 design loading. If required or desired by the Sponsor or State at the time of construction, the Engineers agree to enter into an agreement for review of all shop drawings that are prepared by others in conjunction with construction of the project. 12. Design of Traffic Control Devices. The design of all traffic control devices shall conform to the Manual on Uniform Traffic Control Devices for Streets and Highways, as adopted by the State. A construction traffic control pl an compatible with the scope and complexities of the project shall be developed by the Engineers and included in the Preliminary Design Review. 13. Railroad Encroachments and Crossings. The Engineers shall prepare and submit to the State all plans, profiles, cross sections and other data pertaining to railroad encroachments and crossings. The State shall make the necessary contacts with the railroad company to secure approval and the necessary agreements. Following approval, the Engineers shall incorporate all design revisions required by the railroad into the final plans. 14. Utility Adjustments. The Engineers shall determine the location of and plot all utili ties on the plan sheets. Proposed plans showing the present locations of the utili ties to be moved, relocated or adjusted, shall be furnished to the State for review and coordination with the utility companies. The Engineers shall arrange for a joint field inspection with utility company representatives to: a. Verify the location of existing facilities. AGREEMENT FOR ENGINEERING SERVICES, PAGE 5 OF 20 ---PAGE BREAK--- ITD-721 1 2/90 (20 Pages) b. Determine the new location of the utilities to be relocated, adjusted or removed, and shall incorporate the data into the plans pursuant to the State's Policy for the Accommodation of Utilities Within Rights-of-Way of the Federal-Aid Highway Systems in the State of Idaho. c. Determine that the plans clearly indicate the names of the utility companies involved and whether adjustments will be made at company or project expense. If any part of the relocation or adjustment is to be made at project expense, the Engineers shall submit to the State, plans containing data for negotiations with the utilities. After negotiations and approval by the Sponsor, the Engineers shall incorporate the proposals into the final plans. 1 5 . Public Hearings. In connection with the advertisement for opportunity for hearings, the Engineers will prepare and provide for, as appropriate, either separate Location and Design Public Hearings, or a Combined Hearing. A single, combined hearing will usually suffice for local projects carrying less than 75 0 ADT. The Engineers shall be responsible for furnishing all required exhibits and making the presentation at the hearing(s) . 1 6. Location and/or Design Study Report. The Engineers will prepare, to accompany the Sponsor's request for location and design approval, a Location and/or Design Study Report. The Engineers shall not proceed with detailed design beyond the Design Study Report until notified in writing by the State to proceed with the balance of the work. 17. Right of Way. The Engineers shall determine the properties required for rights-of-way and materials sources situated on either private or public lands. Necessary descriptions and plats for preparation of deeds, permits and agreements inciden tal to the right-of-way or materials source negotiations shall be prepared by the Engineers and furnished to the Sponsor. The Sponsor shall be responsible for making all title searches for ownership, preparing all deeds, permits and agreements, and acquiring all rights-of-way and sources, or securing rights to take materials from the sources. To verify the acquisition of rights-of-way and easements, the Sponsor shall complete and sign the following forms, as provided by the State: DH-1983, Reloca tion and Incidental Payments Information; DH-1 986, Right of Way Certificate; and DH-1987, Resolution. By separate agreement, the Sponsor may contract with the State for some or all of the rights-of-way acquisition, including relocation services; or, it may perform these functions itself. in which case, the State will monitor the Sponsor's performance for compliance with Public Law 91-646, "The Uniform Act, 11 and applicable Federal Administration directives. AGREEMENT FOR ENGINEERING SERVICES, PAGE 6 OF 20 ---PAGE BREAK--- ITD-721 12/90 (20 rages) The Engineers shall revise the plans as necessary to conform with right-of-way negotiations, provided such revisions are within the scope of this Agreement and can be made within one year following acceptance of the plans by the State after the Final Design Review. If right-of-way negotiations take longer than one year to complete, or if conditions change following right-of-way plans approval requiring new design, the plan revisions shall be considered as extra work and be negoti ated in accordance with Section IV. MISCELLANEOUS PROVISIONS, C. CHANGES IN WORK. 1 8 . Plans, Specifications and Estimates. Complete construction plans, capable of being reproduced half-size, shall be prepared by the Engineers to the scale and in such detail as to comply with the State's standard procedures. Mylar reproductions of plans incorporating topographic base relief may be approved provided that the Engineers can demonstrate to the State's satisfaction that half-size reproductions are legible. The Engineers shall furnish the Special Provisions for the work. The Engineers shall prepare a complete, comprehensive Summary of Quantities and Estimate of Costs to be submitted with the final plans. Recognition is given to the fact that the Engineers have no control over competitive bidding procedures and marketing conditions, or the actual cost of labor and materials, which may vary from the prepared cost estimates. The Sponsor intends that the Engineers' final plans, Special Provisions, Summary of Quantities and Estimate of Costs are to be in a condition ready for the normal advertising of a con struction contract in accordance with Idaho law and procedure, except for those services to be performed before advertising by the State, as designated elsewhere in this Agreement. 19. Final Design Review. The purpose of the Final Design Review is to review complete plans and Special Provisions. This review indicates that design features have been resolved, the review requirements have been completed, no further changes or major problems are anticipated and plan preparation is in accordance with the ITD Design Manual. 20. Plans, Drawings and Documents to be Furnished by the Engineers. Upon completion of the work specified herein, all material and documents, including but not necessarily limited to the follow ing data, acquired or produced by the Engineers in conjunction with the preparation of the plans, shall be delivered to and become the property of the State, without restrictions or limitation of their future use. a. Field notes of all surveys, including all properly filed survey reference ties. b. Field notes for all required investigations. c. Hydrologic and hydraulic reports. AGREEMENT FOR ENGINEERING SERVICES, PAGE 7 OF 20 ---PAGE BREAK--- ITD-721 12/90 (20 Pages) d. Original tracing plans. drawings of cross-sections, mass-haul diagram, and of roadway plan and profile sheets and structure e. Environmental documentation. f. Three copies of a construction cost estimate. g. Letter of transmittal containing the Engineers' Location and/or Design Study Reports. h. One copy of all calculations on 8 1/2" x 11" paper, including calculations that have been made in full or in part by electronic computers. B. ENGINEERING SERVICES NOT A PART OF THIS AGREEMENT Certain portions of the preliminary engineering on this project shall be performed by the State and shall be paid for by the Sponsor directly to the State in accordance with a separate agree ment between the agencies. 1 . Services to be supplied by the State include the following: a. Request a categorical exclusion or other appropriate environ mental documentation. b. Advertise for required formal public hearings. c. Perform or make arrangement for archaeological reconnaissance of the project. 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 applications 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 environ mental studies, and issue notice of approval to the Sponsor and the Engineers following the Concept, Preliminary and Final Design Reviews and the Design Study Report. i. Supply roadway summary sheets and such standard drawings as may be required to supplement the plans. j. Prepare title sheet. AGREEMENT FOR ENGINEERING SERVICES, PAGE 8 OF 20 ---PAGE BREAK--- ITD-721 1 2/90 (20 Pages) k. Print and assemble plans, special provisions, specifications 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. 2. The services of the Engineers will not be required in connection with the supervision of construction. C. REVIEW OF WORK IN PROGRESS The Engineers shall arrange for at least four scheduled confer ences with authorized representatives of the Sponsor, State and the Engineers, as follows: 1 . Pre-Operational Conference. 1\1 A DRB Joint Soils Profile and Materials Review. NA PRB Preliminary Design Review. 4. Final Design Review. Intermediate Design Review (Optional) . All portions of the work covered by this Agreement shall be subject to review and inspections by duly authorized representatives of the Sponsor, State and Federal Highway Administration at such time or times as the Sponsor, State and Federal Highway Administration deem appropriate. D. PROGRESS REPORT Following the starting date and each month thereafter that the project remains active, until design is complete and plans are acceptable for contract, the Engineers shall submit to the Sponsor and the State an Engineering Agreement Progress Report prepared on Form ITD-2163, as furnished by the State. The Sponsor may elect to withhold payment unless the Progress Report is provided each month. E. APPROVALS After plan revisions have been made following Final Design Review, the Engineers shall deliver the completed plans, along with field notes of all surveys, including all properly filed survey reference ties, to the State. The State shall review the Engineers' plans for conformance with the State's standards and procedures. If the plans are in conformance, the State shall notify the Sponsor and the Engineers, in writing, of the plans acceptance. AGREEMENT FOR ENGINEERING SERVICES, PAGE 9 OF 20 ---PAGE BREAK--- ITD-721 1 2/90 (20 Pages) Approval of the plans for conformance to the adopted standards and procedures does not absolve the Engineers for inaccuracy of their field work, investigations, design and other data required for the plans preparation. All work required to correct inaccuracies shall be at the Engineers' expense. II. TIME The Engineers shall start performance under this Agreement not later than 10 calendar days after notification in writing by the Sponsor to proceed (with a copy to the State) , and will complete the services previously described up to the point of submitting the plans to the State for Final Design Review within /t0 calendar days thereafter. If, in the opinion of the Sponsor, an extension of time is warrant ed due to major changes required by the Sponsor, or due to weather conditions or other factors beyond the control of the Engineers, the Sponsor shall determine the amount of such extensions in time and shall grant such extensions in writing (with copies to the State) . III. PAYMENT AND RECORDS A. PAYMENT In consideration of the terms and obligations of this Agreement, the Sponsor agrees to pay the Engineers a sum, the prelimi ary estimate for which is htY ur lhou5a vtL 0/ll.e. un rt!- / do/JaA/.1.- 34 150 ) , which includes as full compensation for the Engineers' services, the lump sum of t.)Y Ot./5a/AJ. tf)YI-e- nun Pel / ? 1/tt.A.A-- Partial payment shall be made for the services performed as the work under this Agreement progresses, based on the percentage of completion to the total cost of the fully completed work. The Sponsor shall make full payment of the value of such documented services as verified on the statements. This full payment shall apply until completion of the Final design Review revisions and acceptance by the State. Upon written notification by the State of plans acceptance, the Sponsor shall make final payment to the Engineers for the services performed. Portions of the Geotechnical Consultant's fee, as listed in the attached schedule and included in the Engineers' overall fee, are understood to be on a unit price basis, with the number of units being estimates only. When a variance in the number of units is expected, the Geotechnical Consultant shall notify the Engineers, Sponsor and State, and the Geotechnical Consultant's fee along with the Engineers' fee shall be adjusted accordingly. AGREEMENT FOR ENGINEERING SERVICES, PAGE 1 0 OF 20 ---PAGE BREAK--- ITD-721 12/90 (20 Pages) B. RECORDS The Sponsor and the Engineers agree to maintain all books, docu ments, papers, accounting records and other evidence pertaining to costs incurred on the project and to make such materials available at their respective offices at all reasonable times during the Agreement period and for three ( 3) years from the date of final payment under the Agreement, for inspection by any authorized representatives of the State or the Federal Government, and copies thereof shall be furnished if requested. IV. MISCELLANEOUS PROVISIONS A. COVENANT AGAINST CONTINGENT FEES The Engineers warrant they have not employed or retained any company or person, other than a bona fide employee working solely for the Engineers, to solicit or secure this Agreement, and that they have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineers, any fee, commission, percentage, brokerage fee, gifts or any other con sideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Sponsor shall have the right to annul this Agreement without liability. B. PROHIBITION AGAINST HIRING PERSONNEL The Engineers agree that no one in their employ will work on a part-time basis under this Agreement while also in the full-time employ of the Federal Highway Administration, the State or the Sponsor, without the written consent of the public employer of such person. C. CHANGES IN WORK In the event the Sponsor decreases or increases the amount of work specified under this Agreement or in the event it becomes necessary to change any of the work that has been approved and/or accepted by the Sponsor, this Agreement shall be amended or supplemented as to time for completion and compensation in such a manner as to be mutually acceptable to the parties hereto, and shall have the prior written approval of the State, before proceeding with the changes specified therein. D. TERMINATION The Sponsor reserves the right to terminate this Agreement at any time, upon written notice, in the event of any of the following contingencies: 1. If the project is abandoned or indefinitely postponed. 2. If the Engineers' services are, in the judgment of the Sponsor, unsatisfactory. AGREEMENT FOR ENGINEERING SERVICES, PAGE 11 OF 20 ---PAGE BREAK--- ITD-721 12/90 (20 Pages) 3. If the Engineers fail to prosecute the work with due diligence or fail to complete the work within the time limits specified herein or as subsequently extended. 4. At the convenience of the Sponsor. In the event the Sponsor terminates this Agreement, the Sponsor shall be obligated to pay the Engineers an amount equal in value to that of the services satisfactorily performed until the time of the termination. If the parties hereto are unable to agree on the value of completed work, the controversy shall be settled as set forth in the following Section E. ARBITRATION. E. ARBITRATION Should any dispute regarding this Agreement arise between the parties hereto, all parties agree that the matter shall be referred to the State Highway Administrator, or his duly authorized representative(s) , and that such decision regarding the controversy shall be final. F. INDEMNITY The Engineers will indemnify, save harmless and defend regardless of outcome the Sponsor and State and their representatives, from the expense of and against any and all suits, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees to the extent incurred by reason of any negligent act or omission of the Engineers in the prosecution of the work which is the subject of this Agreement. As concerning claims of the Sponsor, the Engineers shall assume the liability and responsibility for negligent errors and omissions to the design, preparation of plans and/or specifications, and to the standards accepted at the time of the Final Design Review, until one year after the project construction shall have been completed. The Sponsor shall have until that time to bring a claim for loss against the Engineers. The Sponsor shall indemnify, save harmless and defend regardless of outcome the Engineers, their officers, agents and employees from the expenses of and against any and all suits, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees to the extent incurred by reason of any negligent act of the Sponsor in the prosecution of the work, which is the subject of this Agreement. Nothing in this provision shall extend the liability of the Sponsor beyond that provided in the Idaho Torts Claim Act, I.e. 6-901 et seq. G. PROFESSIONAL LIABILITY INSURANCE The Engineers, certifying they are an independent contractor licensed in Idaho, shall acquire and maintain comprehensive general liability insurance in accordance with Idaho Code. AGREEMENT FOR ENGINEERING SERVICES, PAGE 12 OF 20 ---PAGE BREAK--- ITD-721 12/90 (20 Fages) H. GENERAL COMPLIANCE WITH LAWS All work shall be performed in compliance with federal, state and local laws, and the rules and regulations of the United States Department of Transportation pursuant to Title 23, U. S. Code. I. CERTIFICATION 1. The Sponsor and the Engineers represent and hereby certify that the Engineers and their representatives have not been required, directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: a. Employ or retain, or agree to employ or retain, any firm or person, or b. Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation or consideration of any kind. The parties make this representation and certification as a part of this Agreement for the purpose of assuring the State, and thereby, the Federal Highway Administration, of compliance with federal and state law in this respect. The parties to this Agreement understand that such representa tions and certifications are subject to all applicable state and federal laws, rules and regulations, both civil and criminal. 2. APPENDIX A, attached to and made a part of this be executed by the parties, where appropriate, 1) , CERTIFICATION OF ENGINEERS; (PART 2) , SPONSOR; and (PART 3) , CERTIFICATION OF STATE. J. CIVIL RIGHTS ACT Agreement, shall including: (PART CERTIFICATION OF During the performance of work covered by this Agreement, the Engi neers, for themselves, their assigners and successors in interest agree as follows: 1. Compliance with Regulations. The Engineers shall comply with all regulations of the United States Department of Transporta tion 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 11 246. 2. Nondiscrimination. The Engineers, with regard to the work per formed by them 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. AGREEMENT FOR ENGINEERING SERVICES, PAGE 13 OF 20 ---PAGE BREAK--- ITD-721 12/90 (20 Pages) 3. Solicitation for Subcontracts, Including Procurement of Materials and Equipment. In all solicitation, either by bidding or negotiation, made by the Engineers for work or services performed under subcontract, including procurement of materials and equipment, each potential subcontractor or supplier shall be made aware by the Engineers 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 Engineers shall provide all infor mation and reports required by regulations and/or directives and shall permit access to their books, records, accounts, other sources of information, and their facilities as may be deter mined by the State or the Federal Highway Administration. The Engineers will be required to retain all records for a period of three years after final payment is made under this Agreement. 5. Sanctions for Noncompliance. In the event the Engineers are in noncompliance with the Civil Rights provisions of this Agree ment, the Sponsor shall impose such sanctions as it, the State or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Engineers until they have achieved compliance, and/or b. Cancellation, termination or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions. The Engineers shall include the provisions of paragraphs 1 through 5 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 Engineers shall take such action with respect to any subcontract or procurement as the State or the Federal Highway Administration may direct as a means of enforc ing such provisions, including sanctions for noncompliance. In the event the Engineers become involved in, or are threatened with, litigation with a subcontractor or supplier as a result of such direction, the Engineers may request the State to enter into such litigation to protect the interest of the State, and in addition, the Engineers may request the United States to enter into such litigation to protect the interest of the United States. K. CONFLICTS OF INTEREST The following section of the regulations for the administration of Federal-Aid for Highways, effective May 11, 1960, is given for the information of all concerned. No official or employee of a state or any other governmental instrumentality who is authorized in his official capacity to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any contract or subcontract in AGREEMENT FOR ENGINEERING SERVICES, PAGE 14 OF 20 ---PAGE BREAK--- ITD-721 12/90 (20 Pages) connection with a project shall have, directly or indirectly, any financial or other personal interest in any such contract or subcontract. No engineer, attorney, appraiser, inspector or other person performing services for a state or a governmental instrumen tality in connection with a project shall have, directly or indirectly, a financial or other personal interest, other than his employment or retention by a state or other governmental instrumen tality, in any contract or subcontract in connection with such project. No officer or employer of such person retained by a state or other governmental instrumentality shall have, directly or indirectly, any financial or other personal interest in any real property acquired for a project unless such interest is openly disclosed upon the public records of the state and of such other governmental instrumentality, and such officer, employee or person has not participated in such acquisition for and in behalf of the state. The State shall be responsible for enforcing the require ments of this section. L. SUBLETTING The services to be performed under this Agreement shall not be assigned, sublet or transferred without the written approval of the Sponsor and the State. M. PERMITS AND LICENSES The Engineers shall procure all permits and licenses, pay all charges, fees and taxes and give all notices necessary and inciden tal to the due and lawful prosecution of the work. N. PATENTS The Engineers shall hold and save the Sponsor and its agents harm less from any and all claims for infringement by reason of the use of any patented design, device, material process, trademark or copyright. 0. ENGINEERS' ENDORSEMENT The original of each sheet of final plans shall be endorsed by the registered engineer directly responsible for the work and shall carry his registration seal in addition to his signature and date. In addition, the Engineers' legal firm name and address shall be clearly stamped or lettered on the original of the situation/layout sheet of any bridge plans or the second sheet of any roadway plans. P. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSI BILITY MATTERS By signing this document the Engineers certify to the best of their knowledge and belief that except as noted on an attached Exception, the Engineers or their subcontractors, material suppliers, vendors, or other lower tier participants on this project: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; AGREEMENT FOR ENGINEERING SERVICES, PAGE 15 OF 20 ---PAGE BREAK--- ITD-721 12/90 (20 Pages) b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state anti trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in paragraph of this certification; and d. Have not within a three-year period preceding this application/ proposal had one or more public transactions (federal, state or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. NOTE: Exceptions will not necessarily result in denial of award, but will be considered in determining the Engineer's responsibility. For any exception noted, indicate to whom it applies, initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative sanctions. AGREEMENT FOR ENGINEERING SERVICES, PAGE 16 OF 20 ---PAGE BREAK--- ITD-721 12/90 (20 ʼnages) IN WITNESS WHEREOF, the Parties hereto have set their hands on the day and year in this Agreement first written above. ATTEST: WITNESS: (SEAL) IDAHO TRANSPORTATION DEPARTMENT APPROVED BY: RECOMMENDED BY: oca1 Roads Supervisor SPONSOR Commissioner Commissioner ENGINEERS lJ KdauUb /1 eqtOJ1 o.l !If t:tJ1.sr.ljJ .JU/3 Cl'l-t!JIT;PeF5 Inc- AGREEMENT FOR ENGINEERING SERVICES, PAGE 1 7 OF 20 ---PAGE BREAK--- ITD-721 12/90 (2G Pages) APPENDIX A (PART 1) CERTIFICATION OF ENGINEERS I hereby certify that I am the ReqJOI"\cJ fV1a.no9 e..r- and duly authorized representative of the firm of J L) B E n.9 110 ee..v-s , whose address is C.oe.u r d' leW Ida-ko and that neither I nor the above firm I here represent has: a. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this Agreement, b. agreed, as an express or implied condition for obtaining the Agreement, to employ or retain the services of any firm or person in connection with carrying out the Agreement, or c. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement, except as expressly stated here (if any) : I acknowledge that this certificate is to be furnished to the Idaho Transportation Department and the Federal Highway Administration, in connection with this Agreement involving participation of federal-aid highway funds, and is subject to applicable state and federal laws, both criminal and civil. 29. /993 Date AGREEMENT FOR ENGINEERING SERVICES, PAGE 18 OF 20 ---PAGE BREAK--- ITD-721 12/90 (20 ?ages) APPENDIX A (PART 2) CERTIFICATION OF SPONSOR I hereby certify that I am the M.ayou'"' of fu C,f1 ol J\Vosc.ov.J ' and the above consulting firm, or its representative, has not been required, directly or indirectly, as an express or implied condition in connection with obtaining or carrying out its Agreement to: a. employ or retain, or agree to employ or retain any firm or person, or b. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind, except as expressly stated here (if any) : I acknowledge that this certificate is to be furnished to the Idaho Transportation Department and the Federal Highway Administration, in connection with this Agreement involving participation of federal-aid highway funds, and is subject to applicable state and federal laws, both criminal and civil. 1Jate AGREEMENT FOR ENGINEERING SERVICES, PAGE 19 OF 20 ---PAGE BREAK--- ITD-721 12/90 (2L Ŋages) APPENDIX A (PART 3) CERTIFICATION OF STATE I hereby certify that I am the EN67JN££Z for the Idaho Transportation Department, and that the above consulting firm, or its representative, has not been required, directly or indirectly, as an express or implied condition in connection with obtaining or carrying out its Agreement to: a. employ or retain, or agree to employ or retain any firm or person, or b. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind, except as expressly stated here (if any) : I acknowledge that this certificate is to be furnished to the Federal Highway Administration, United States Department of Transporta tion, in connection with this Agreement involving participation of federal-aid highway funds, and is subject to applicable state and federal laws, both criminal and civil. tl Date L Signature AGREEMENT FOR ENGINEERING SERVICES, PAGE 20 OF 20 ---PAGE BREAK--- TRANSPORTATION DEPARTMENT P.O. BOX 7129 BOISE, 10 6 August 1993 Honorable Mayor and Council City of Moscow P.O. Box 9203 Moscow, ID 8 38 43-1703 Attention: Gary Presol 83707·1129 PROJECT: CM-2900 (100) , Key No. 5 5 22 2081334-8000 Rayburn Street to Main Street, Bicycle/Pedestrian Path L adies and Gentlemen: Here are two signed copies of the Agreement for Engineering Services (ITD-721) entered into between the City of Moscow and the firm of J-U-B Engineers, Inc. on August 2, 1 993. The Agreement has been endorsed by this Department. Please forward one copy to the consultant along with the City's official notice to proceed. The consultant is aware the Department has endorsed the Agreement as of this date. The consultant is obligated to start performance within 1 0 calendar days after receiving notice and to complete work within 1 20 calendar days thereafter. You may retain the second copy for your file. Sincerely, bz:Jt:;K E. WANAMAKER, PE/LS Local Roads Engineer JW: LIR: cbc: 3588 Enclosures cc: J-U-B Engineers, Inc.