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"- -",~ ~
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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.