Loading...
HomeMy Public PortalAbout1978.01.03 UPdating of signing citywide ITDRESOLUTION WHEREAS, the Idand%rransportation Department, Division of Highways, hereinafter called the State, has submitted.a Cooperative Agreement stating obligations of the State and the City of McCall fl Idaho, for the updating of signing citywide to conform to the MuTrn under Federal -Aid Project INC-9433(001) ; and, WHEREAS, the State is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of im- provements made under Title 23, U.S. Code; and, WHEREAS, it is intended that the project shall be developed and constructed so as to receive Federal participation in the amount of Ninety (90) percent of the cost. NOW,'THEREFORE, BE IT RESOLVED: 1. That the Cooperative Agreement for Federal -Aid ProjectINC-9433(001) is hereby approved. 2. That the Mayor. and the City Clerk are hereby authorized to execute the Cooperative 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 than the above is a true copy of a Resolution passed at a regular, (x\out non -applicable term) meeting of the City Council, McCall , Idaho, held on January 3, 1978 1978 . City C i r� STATE/LOCAL AGREEMENT (Construction By Local Forces) For Project No. INC-9433(001) Location Citywide MWMPANVAXWMPWW City of McCall THIS AGREEMENT, made and entered into this 3rd day of January , 19 78 , by and between the IDAHO TRANSPORTATION DEPART- ' i MENT, DIVISION OF HIGHWAYS, hereinafter called the "State" and the City of McCall acting by and • through its Mayor ,hereinafter called the "Sponsor," WITNESSETH: WHEREAS, the Sponsor has completed plans for a proposed project design- ated here;i.n as Project No. INC-9433(001) , for participation in the.. Federal Safer Roads Demonstration Program; described as the updating of signing c;ltywide to conform to the MUTCD and, WHEREAS, the Sponsor has asked the State to take stepsnecessary. to • obtain Federal participation in the said project; and, WHEREAS, the purpose of this agreement is to assure performance in accordance with Federal laws and regulations; ,pow THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by each, as hereinafter set forth, said parties do, hereby agree as follows: Section I. The total estimated cost of the said project, based on.a detailed estimate, Exhibit "A," is the sum of Nine Thousand Nine Hundred Twenty - Two and 32/100 Dollars ($ 9,922.32 ). This said sum excludes preliminary engineering and is the estimated amount authorized for Federal participation. The Federal share of the project cost will be determined on the basis of the agreed unit prices shown on Exhibit "A" up to the amount authorized. Ttie Sponsor will be responsible for all costs over and above Federal aid participation. Federal participation in the costs of the project will be governed by the applicable section of Title 23, U.S. Code (Highways and rules and regulations prescribed or promuligated by the Federal Highway Administration). Section II. The State will: . 1. Program construction of project and execute all necessary agreements with the. Federal Highway Administration covering the Federal Government's pro rata share of eligible construction costs (approximately.90 percent). ,;2. Designate a resident engineer supplemented by such additional personnel as the State deems necessary to supervise and inspect construction of the project. This engineer or his authorized representative, will prepare change orders and final project documents. 3. Upon completion of the project and receipt of the project letter of certification from the Sponsor, arrange for the final voucher to be paid by the Federal Highway Administration. . A. Retain its record of the project for a period of three years after Federal Highway Administration payment of the final voucher. Section III. The Sponsor: 1. Certifies that all rights of way were acquired for this project prior to the enactment of Public Law 91-646, dated January 2, 1971, and that none has been acquired in anticipation of this particular project. 2. Will construct the project under its own supervision and with the use of its own forces, construction and completion will be carried out in accord- ance with the plans and specifications and as required by State and Federal regula- tions.. . 3. Upon completion of the project, furnish the State a letter of certification that the project was completed according to the plans and specifications and as required by State and Federal! regulations. 4. Upon completionof the!project, will maintain the same to the sat- isfaction of the State. 5. Further agrees to indemnify the State and hold it harmless against any and all suits, actions, claims, or losses of every kind, nature, and descrip- tion including cost, 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 ofthis agreement. 6. Comply with Appendix "A," Title 49 CFR, Part 21, attached hereto and made a part hereof. ;Section IV. The use and occupancy of the rightof way of this project by utility facilities will be controlled by the States policy for the accommodation of utilities within rights of way of the Federal Aid Highway Systems in the State of Idaho.,, IN WITNESS WHEREOF, the State has caused these presents to be executed by its Administrator, Division of Highways,attested to by his Secretary and the seal of the Idaho Transportation Department, Division of Highways, affixed thereto, and the Sponsor has, caused these presents to be executed by the Mayor , attested to by Secretary, Clerk (X out non - applicable term) and its corporate seal affixed thereto. By ATTEST: Secretary ATTEST: IDAHO TRANSPORTATION DEPARTMENT . DIVISION OF HIGHWAYS Administrator APPROVED AS TO FORM: Attorney General SPONSOR: City Ca11 Mayor APPENDIX A. . Excerpts from Tittle 49 CFR Part 21 During the performance of work covered ey this Agreement, The'aity of mponli For itself, its assignees and successors in interest (hereinafter referred to as the 'Sponsor"), agrees as follows: 1. Compliance with Regulations: The Sponsor during the performance of work covered )y this Agreement shall comply with all regulations of the United States Department of transportation relative. to. Civil Rights with specific reference to Title CFR Part 21, Title 11 CFR Part 60, Civil Rights Act of 1964 as amended and Executive Order 11246.• 2. Non -Discrimination: The Sponsor, with regard to the work performed during the term of this Agreement, shall not in any way discriminate: 'against any employee or applicant for employment: subcontractor or solicitations for subcontract including procurement of materials. and equipment: qr any other individual: or firm providing or proposing services based on race, color, religion,,sex, or national origin. 3. Solicitations for Subcontracts', Including Procurements of Materials and Equipment:. In all solicitations, either by bidding or negotiation, made by the Sponsor for work or services performed under subcontract, including procurement of materials and equipment, each potential subcontractor or supplier shall be made aware, by the Sponsor, of the obligations of.:thi.s Agreement, and to the Civil Rights' Requirements based on race,color,religion, sex, or national origin. . 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, Division of Highways or the Federal Highway Administration., The Sponsor will be required to retain all records for a period of five years. 0. 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, Division of Highways.shalliimpose such.;sanctions as it or the Federal Highway Administration may deter- mine to be appropriate, including, but not limited to: (a) Withholding of payments to the Sponsor until he has achieved compliance and/or ik (b) Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorportation of the, Provisions: The Sponsor shall physically include this Appendix in every subcontractof $10,000 or_more to include procurement of materials and leases of equip- ment unless exempt by Regulations, Orders, or Directives pursuant thereto. The Sponsor shall take such action -(with respect to subcontractor or procurement as the Idaho Transportation Department, Division of Highways or the Federal Highway Administration may direct as a means of, enforcing the4orovisions, including sanctions for noncompliance, provided in event the . Sponsor becomes involved in or :is threatened with litigation with subcontractors or suppliers as 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. ° . EXHIBIT "A" 1INCe 9433(001) SIGN QUANTITY PRICE TOTAL Stop (R1-1) 30"x30" 90 $75.56 $6800.40 Railroad Advance Warning (W10-.1) 36" Cir 12 86.81 1041.72 Yield (R1-2) 36"x36"x36" 10 86.81 868.10 School Ahead (S1-1) 30"x30" 4 75.56 302.24 Do Not Enter (R5-1) 30"x30" 1 75.56 75.56 Right Turn (W1-1R) 30"x301A 2 75.56 151.12 Left Turn (W1-1L) 30"x30" 2 75.56 151.12 Keep Right (R4-7a) 24"x30" 1 70.45 70.45 Speed Limit Sign (R2-1) 24"x30" 3 70e4.5 211.35 School Speed Zone_ (R2-1) 24"x30" 3 83.42 250.26 (S4-1) 10"x24" (S4-3) 8"x24" TOTAL $9,922.32