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HomeMy Public PortalAboutResolution 02-06 Four Corners AgreementRESOLUTION 02-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF McCALL, IDAHO, RELATING TO THE AUTHORIZATION OF AN AGREEMENT WITH THE IDAHO TRANSPORTATION DEPARTMENT REGARDING THE FOUR CORNERS BEAUTIFICATION PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of the STATE and the CITY OF McCALL, hereafter called the CITY, for development of the Four Corners Beautification Project; and WHEREAS, 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 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: 1. That the Agreement for Federal Aid Highway Project STP-0100(174) 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 this Resolution shall be furnished to the Idaho Transportation Department. 4. That this resolution shall be in full force and effect upon its passage and a p p rova I. Passed and approved this 25th day of April 2002. ~'~, I"- -",~ ~ %.0: CITY OF MCCALL Valley County, Idaho by Ralph Colton, Mayor ATTEST:~.~ Koch, citY ~e'~-~ STATE/LOCAL AGREEMENT (PROJECT DEVELOPMENT) STP-0100 (174) FOUR CORNERS BEAUTIFICATION, MCCALL VALLEY COUNTY KEY NO. 8715 PARTIES THIS AGREEMENT is made and entered into this ~~ day of ~,/ , ~Q_ooL , by andbetween the IDAHO TRANSPORTATION DE~/~RTMENT, hereafter called the STATE, and the CITY OF MCCALL, acting by and through its Mayor and Council, hereafter called the SPONSOR. PURPOSE The SPONSOR has requested the STATE to program for development and construction Federal-Aid Highway Project STP-0100(174), described as Four Corners Beautification, McCall, the project development for which 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, 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 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: SECTION I. 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. The maximum Federal-aid available for this project is $500,000.00. Ail 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. If the project is terminated by the SPONSOR prior to completion, and the SPONSOR has been reimbursed with federal funds for preliminary engineering and/or right- of-way acquisition, the SPONSOR shall repay all federal funds. SECTION II. That the STATE shall : Not 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, except that SPONSOR shall be liable to the STATE for any un- reimbursed incidental expenses as provided for in Section II, Paragraph 2 of this Agreement. Provide the following services incidental to the project development: a o 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. Review Preliminary Environmental recommend other appropriate documentation. Evaluation and environmental Co Advertise for required formal public hearings and provide a hearing officer to conduct the hearings. Review rights-of-way appraisals and assign personnel to determine relocation entitlements and assistance which might be required by the project. e o File with the Federal Highway Administration applica- tions for exceptions to AASHTO Standards when appropriate and for government land withdrawals for rights-of-way and airport clearance. f. Assist in negotiations with public carriers and utilities for agreements on behalf of the SPONSOR. ge If requested by a utility company, hold utility hearings before the Idaho Transportation Board or issue IT Board Orders to the utilities on behalf of the SPONSOR. Review the Engineers' plans, estimates, reports and environmental studies, and issue notice of approval to the SPONSOR and the Engineer following the Concept, Preliminary and Final Design Reviews and the Design Study Report. Supply roadway summary sheets and such standard draw- ings as may be required to supplement the plans. j. Prepare title sheet. Print and assemble plans, special provisions, speci- fications and contract. 1. Advertise for bids and let the construction contract. mo Furnish to the Engineers copies of materials test reports and other data applying to the project and available to the STATE. Upon receipt of appropriate documentation from the SPONSOR showing expenditure of funds for project development, credit the amount which is reimbursable toward the SPONSOR'S share of the construction costs. This only applies to projects eligible for federal reimbursement of preliminary engineering according to Idaho Transportation Board Policy. If the amount to be reimbursed exceeds the construction costs, that excess amount will be reimbursed to the SPONSOR. 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 2. 3 o Bill the SPONSOR for any federal funds to be repaid by the SPONSOR if the project is terminated by the SPONSOR prior to completion, and the SPONSOR has been reimbursed with federal funds for preliminary engineering and/or right-of-way acquisition. SECTION III. That the SPONSOR will: Provide a funding match of 25.3%, and assume responsibility for all costs of the project over and above the $500,000.00 Federal-aid limit. Pay to the STATE, before the STATE begins the incidental services referred to in Section II, Paragraph 2, the sum of THREE THOUSAND AND NO HUNDREDTHS DOLLARS ($3,000.00), estimated to be the total expense to the STATE. 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 4. Checks shall be made payable to the "Idaho Transportation Department", and mailed to the District Three Office, PO Box 8028, Boise, ID 83707-2028. o SPONSOR warrants that it will repay any federal reimbursements on this project if the project is terminated by the SPONSOR prior to completion. Make timely payment of all consultant invoices throughout the design of the project. Upon completion of design, if preliminary engineering is reimbursable, the SPONSOR will submit copies of all allowable consultant invoices and receipts showing payment of same. The amount to be reimbursed by Federal-aid will be credited towards the SPONSOR's share of construction costs. Acquire with the STATE'S assistance as noted in Section II, Paragraph 2d, all rights-of-way and easements needed to provide for construction and maintenance of the project. Furnish all appraisals required for the project to the STATE for review. Before initiating negotiations for any real property required for right-of-way, establish an amount considered to be just compensation, under Idaho law, and will make a prompt offer to acquire the property for the full amount established. o Make every reasonable effort to acquire the real property by negotiation. Inform the property owner, in those cases where he indicates a willingness to donate a portion of his real property for rights-of-way, of all the facts including his right to full compensation in money for land and damages, if any, in accordance with Idaho Code. 10. Provide relocation assistance and payments for any dis- placed person, business, farm operation, or nonprofit organization in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the Idaho Real Property Acquisition Act of 1971; Title 40, Chapter 29; and Title 58, Chapter 11; Idaho Code, as amended, and regulations promulgated thereunder. No individual or family shall be displaced until decent, safe and sanitary replacement housing is .available to the relocatees for immediate occupancy. Advise the STATE of any relocations required by the project and authorize the STATE to negotiate in its behalf for all relocation assistance and payments, the cost of which will be assumed by the SPONSOR at the time of negotiation. 11. 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. 12. Before advertisement for bids, provide a certification that all rights-of-way, easements, permits, materials sources and agreements necessary for the construction of the project have been acquired in accordance with the provisions of this Section. Provide a value of any right-of-way donations obtained, which may be credited as a matching share. 13. Evaluate the impact the project might have on the quality of the human environment and prepare and furnish to the STATE an environmental evaluation, which includes cultural resources, and any other documents required by the National Environmental Policy Act. 14. At all required public hearings, furnish all necessary exhibits and provide for a representative of the SPONSOR to describe the project; present information about the 5 location and design, including alternates; discuss the tentative schedules for rights-of-way acquisitions and construction; discuss the SPONSOR'S relocation assistance program; discuss the economic, sociological, and environmental effects of the project; and answer all questions concerning the project. 15. Comply with Appendix A, Title 49 CFR, Part 21, attached hereto and made a part hereof. EXECUTION This Agreement is executed for the STATE by its Assistant Chief Engineer (Development), and executed for the SPONSOR by the Mayor, attested to by the City Clerk, with the imprinted Corporate Seal of the CITY OF MCCALL. IDAHO TRANSPORTATION DEPARTMENT APPROVED BY: Approved by ITD Legal Counsel Patrick W. Fanning Deputy Attorney General May 4, 2001 Assistant Chief Engineer (Development) RECOMMENDED BY: Roadway Design Engineer ATTEST: CITY OF MCCALL APPENDIX A EXCERPTS FROM TITLE 49 CFR PART 21 During the performance of work covered by this Agreement, the City of McCall 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 of Transportation relative to Civil Rights with specific reference to Title 49 CFR Part 21, Title 41 CFR Part 60, Civil Rights Act of 1964 as amended and Executive Order 11246. 2. Non-Discrimination: The SPONSOR, with regard to the work performed during the term of this Agreement, shall not in any way discriminate: against any employee or applicant for employment; subcontractor or solicitations for subcontract including procurement of materials and equipment; or any other individual or firm providing or proposing services based on race, color, religion, sex, national origin, age or non-job- related handicap. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by bidding or negotiation, made by the SPONSOR for work or services performed under subcontract, including procurement of materials and equipment, each potential subcontractor or supplier shall be made aware, by the SPONSOR, of the obligations of this Agreement and to the Civil Rights Requirements based on race, color, religion, sex, national origin, age or non-job-related handicap. 4. Information and Reports: The SPONSOR shall provide all information and reports required by Regulations and/or Directives and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Idaho Transportation Department or the Federal Highway Administration. The SPONSOR 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: (a) Withholding of payments to the SPONSOR until it has achieved compliance and/or (b) Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of the Provisions:. The SPONSOR shall physically include this Appendix in every subcontract of $10,000 or more to include procurement of materials and leases of equipment unless exempt by Regulations, Orders, or Directives pursuant thereto. The SPONSOR shall take such action with respect to subcontractor or procurement as the Idaho Transportation Department or the Federal Highway Administration may direct as a means of enforcing the provisions, including sanctions for noncompliance, provided in event the SPONSOR becomes involved in, or is threatened with litigation with the subcontractors or suppliers as a result of such direction, the SPONSOR may request the STATE to enter into such litigation to protect the interest of the STATE, and in addition the SPONSOR may request the United States to enter into such litigation to protect the interest of the United States.