HomeMy Public PortalAbout1995.03.02 ITD Federal Highway Construction Project Deinhard Ln Bridges and Approachesc'
ITD-510 2/90
STATE/LOCAL AGREEMENT
(PRELIMINARY ENGINEERING)
STP-3270(101)
DEINHARD LANE BRIDGE AND APPROACHES,
CITY OF MCCALL
KEY NO. 5030
MCCALL
LOCAL ROADS
Register#- as
PARTIES
THIS AGREEMENT is made and entered into this day of
/1/fy/Z-, , 19 9�j , by and between the IDAHO TRANSPORTATION
DEPARTMENT, hereafter called the STATE, and 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 construction
Federal -Aid Highway Project STP-3270(101) described as Deinhard
Lane Bridge and Approaches, McCall, the preliminary engineering for
which is to be performed by SPONSOR'S staff/Consultant Engineers
(x-out non -applicable -term).
NOTE:
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Securing the services of a consultant for preliminary
engineering 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.
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 preliminary
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 Environmental Evaluation and
recommend other appropriate environmental
documentation.
c. Advertise for required formal public hearings and
provide hearing officer.
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 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.
g•
Hold utility hearings or advertise the opportunity
therefore when necessary.
h. 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.
i. Supply roadway summary sheets and such standard draw-
ings as may be required to supplement the plans.
j
Prepare title sheet.
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k. Print and assemble plans, special provisions, speci-
fications 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.
SECTION III. That the SPONSOR will:
1. Pay to the STATE, before the STATE begins the incidental
services, the sum of FIVE THOUSAND AND NO HUNDREDTHS DOLLARS
($5,000), 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 madecaccordingly.
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 2d, all rights -of -way and
easements needed to provide for construction and maintenance
of the project. v.
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 t.o 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.
8. Provide relocation assistance and payments for any displaced
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
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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 advertise-
ment 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 fdr 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 environmental 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.
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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 Clerk, with the imprinted corporate Seal of
the CITY OF MCCALL.
APPROVED AS TO FORM:
Legal Counsel
meeting
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IDAHO TRANSPORTATION DEPARTMENT
APPROVED BY:
ate Highwa Administrator
RECOMMENDED BY:
cal Roads Engineer
CITY OF MCCALL
MAYOR
APPENDIX A
Excerpts from Title 49 CFR Part 21
During the performance of work covered by this Agreement, 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: Inall 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. hall 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 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,
Division of Highways 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 he 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, Division of Highways 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.
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DH-1841 12-80
RESOLUTION
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 f McCAT,T, , Idaho, for the
construction of DEINHARD LANE BRIDGE AND APPROACHES
; 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
WHEREAS, 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
STP-3270 (101) 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 called special (X-out non -applicable term) meeting of the City
Council, MCCALL , Idaho, held on , 19