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ITD-510 2/90 PARTIES STATE/LOCAL AGREEMENT (PRELIMINARY ENGINEERING) CM-2900(100) RAYBURN STREET TO MAIN STREET, MOSCOW KEY NO. 5522 .t THIS AGREEMENT is made and entered into this Zl day of ·r.JJl I , 19 95 , by and between the IDAHO TRANSPORTATION DE MENT, hereafter called the STATE, and the CITY OF MOSCOW, acting by and through its Mayor and Council, hereafter called the SPONSOR. PURPOSE The SPONSOR has requested the STATE to program for construc tion Federal-Aid Highway Project CM-2900(100) , described as Rayburn Street to Main Street, bicycle/pedestrian path, the preliminary engineering for which is to be performed by SPONSOR'S Consultant Engineers. NOTE: Securing the services of a consultant for preliminary engi neering services must follow the process outlined in the LPA Guidelines. 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 construction costs of the project. 2. 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. ---PAGE BREAK--- 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 prelimi nary engineering: 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 recommend other documentation. Environmental appropriate Evaluation and environmental c. Advertise for required formal public hearings and provide hearing officer. d. Perform or make arrangement for any archaeological reconnaissance of the project provided sufficient lead time is arranged with the State. Any work beyond reconnaissance and routine clearance will require further negotiations wit:h the State. e. Review rights-of-way appraisals and assign personnel to determine relocation entitlements and assistance which might be required by the project. f. File with the Federal Highway Administration applica tions for exceptions to AASHTO Standards when appropriate and for government land withdrawals for rights-of-way and airport clearance. g. Assist in negotiations with public carriers and utilities for agreements on behalf of the SPONSOR. h. Hold utility hearings or advertise the opportunity therefore when necessary. i. Review the Engineers' plans, estimates, reports and environmental 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. ---PAGE BREAK--- SECTION II. (Cont.) j. Supply roadway summary sheets and such standard draw ings as may be required to supplement the plans. k. Prepare title sheet. 1. Print and assemble plans, special provisions, speci fications and contract. m. Advertise for bids and let the construction contract. n. Furnish to the Engineers copies of materials test reports and other data applying to the project and available to the STATE. SECTION III. That the SPONSOR will: 1. Pay to the STATE, before the STATE begins the incidental services, the sum of FIVE HUNDRED AND NO/HUNDREDTHS DOLLARS ($500. 00) , estimated to be the total expense to the STATE. Upon project completion, if the estimated expense does not reflect the true cost of the work performed by the STATE, an adjustment will be made accordingly. 2. Reimburse the STATE for all services rendered and material furnished in connection with the project. 3. Acquire, at its sole expense, with the STATE'S assistance as noted in Section II, Paragraph 2e, all rights-of-way and easements needed to provide for construction and maintenance of the project. 4. Furnish all appraisals required for the project to be reviewed by the STATE. 5. 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. 6. Make every reasonable effort to acquire the real property by negotiation. 7. 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. ---PAGE BREAK--- SECTION III. (Cont.) 8. Provide relocation assistance and payments for any dis placed person, business, farm operation, or non-profit 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. 9. To the greatest extent practicable, schedule the adver tisement and subsequent construction of the project so that 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. 10. 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. 11. Evaluate the impact the project might have on the quality of the human environment and prepare and furnish to the STATE an environmental evaluation and any other documents required by the National Environmental Policy Act. 12. 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 environ mental effects of the project; and answer all questions concerning the project. 13. Indemnify, save harmless and defend regardless of outcome the STATE from the expenses of and against suits, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees, that may be incurred by reason of any act or omission, neglect or misconduct of the SPONSOR or its consultant in the design, construction and maintenance of the work which is the subject of this Agreement. 14. Comply with Appendix A, Title 49 CFR, Part 21, attached hereto and made a part hereof. ---PAGE BREAK--- EXECUTION This Agreement is executed for the STATE by its State Highway Administrator; and executed for the SPONSOR by the Mayor, attested to by the City Clerk, with the imprinted corporate Seal of the CITY OF MOSCOW. APPROVED AS TO FORM: ATTEST: City Clerk (SEAL) By regular/.Sf&ttsl meeting on Zpe ) / 9?3 . tar/lraprelimeng IDAHO TRANSPORTATION DEPARTMENT RECOMMENDED BY: (ocal Roads Engineer CITY OF MOSCOW ---PAGE BREAK--- . . APPENDIX A Excerpts from Title 49 CFR Part 21 During the performance of work covered by this Agreement, the City of Moscow , for itself, its assignees and successors in interest (hereafter referred to as the "SPONSOR"), agrees as follows: 1. Compliance with Regulations: The SPONSOR during the performance of work covered by this Agreement shall comply with all regulations of the United States Department o£ 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 solicita tions 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 Jware, by the SPONSOR, of the obligations of this Agreement and to the Civil Rights Requirements based on race, color, relig ion, sex, national origin, age or non-job-related handicap. 4. Information and Reports: The SPONSOR shall provide all information and reports required by Regulations and/or Directives and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Idaho Transportation Department, or the Federal Highway Administration. The SPONSOR will be required to retain all records for a period of three years. 5. Sanctions for Non -Compliance: In the event the SPONSOR is in non compliance with the Civil Rights Provisions of this Agreement, the Idaho Transportation Department, shall impose such sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: Withholding of payments to the SPONSOR until he 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 Regula tions, Orders, or Directives pursuant thereto. The SPONSOR shall take such action with respect to subcontractor or procurement as the Idaho Transporta tion 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. ---PAGE BREAK--- DH-1841 12-80 RESOLUTION A)0 93-05, WHEREAS, the Idaho Transportation Department, Division of Highways, hereafter called the State, has submitted an Agreement stating obligations of the State and the City of Moscow , Idaho, for the construction of Rayburn Street to Main Street, bicycle/pedestrian path and i.ffiEREAS, the State is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal-Aid Highway System when there is federal participation in the costs; and \.ffiEREAS, certain functions to be performed by the State involve the expenditure of funds as set forth in the Agreement; and HHEREAS, the State can only pay for work associated with the State Highway System; and 1-.ffiEREAS, the City is fully responsible for its share of project costs; and \.ffiEREAS, it is intended that the project shall be developed and constructed so as to receive federal participation; NOW, THEREFORE, BE IT RESOLVED: 1. That the Agreement for Federal-Aid Highway Project _ 9.L:.OIO>L(L...,lJOKOL<)!..-___ is hereby approved . 2. That the Mayor and the City Clerk are hereby authorized to execute the Agreement on behalf of the City. 3. That duly certified copies of the Resolution shall be furnished the Idaho Transportation Department, Division of Highways. CERTIFICATION I hereby certify that the above is a true copy of a Resolution passed at a regular, duly eel lea Sf' c 01ial c $ \ xcow oC . ok e, .o * " K 0 , rF'100!'>G o ,a I· 0 • } 0 B p \ " . * { : 12 : aEAL) 1887 • " • • f • jJf £ OF \ of the City , 1993. (X-out non-applicable term) meeting , Idaho, held on S City erk