HomeMy WebLinkAbout1994-004 Chubbuck Rd/Hawthorne IntersectionDH-1841 12-80
RESOLUTION ~4-94
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 Chubbuck , Idaho, for the
construction of Int. W. Chubbuck & Hawthorne
; 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
W~EREAS, 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
CM-704(102) 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, ]~x~Tx~xk~dxx~x~m~nxx~a~X~xg~ meeting of the City
Council, CMUBBUCK , Idaho, held on MARCH 22 , 19 94.
City Clerk
(SEAL)
ITD-510 2/90
STATE/LOCAL AGREEMENT
(PRELIMINARY ENGINEERING)
CM-7041(102)
INT. W. CHUBBUCK & HAWTHORNE
CITY OF CHUBBUCK
KEY NO. 5743 LOCAL
Re~er # ~
PARTIES
THI~ AGREEMENT is made and entered into this ~/ day of
~_~ , 19 ~, by and between the IDAHO ~TRANSPORTATION
DEPART~ENT, hereafter----called the STATE, and CITY OF CHUBBUCK,
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 CM-7041(102), described as INT. W
CHUBBUCK & HAWTHORNE, the preliminary engineering for which is to
be performed by SPONSOR,S staff/Consultant Engineers (x-out non-
applicable term).
NOTE: 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. 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.
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.
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 THREE THOUSAND AND NO/HUNDREDTHS
DOLLARS ($3,000.00), 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.
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
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
3
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 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 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 BPONSOR 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.
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
CITY OF CHUBBUCK.
IDAHO TRANSPORTATION DEPARTMENT
APPROVED BY:
~ta~e Highway Adml6istrator
RECOM]4ENDED BY:
APPROVED AS TO FORM:
~gal Counsel _~
ATTEST:
SEAL)
Clerk
By re lar ~ ' ~ meeting
on ~CH ~, ~
C: \1ib\5743. sla
5
ITD-510 2/90
APPENDIX A
Excerpts from Title 49 CFR Part 21
During the performance of work covered by this Agreement, CIT~ OF
CHUBBUCK for itself, its assignees and successors in interest (hereafter
referred to as the "SPONSOR"), agrees as follows:
1. Compliance with Requlations: 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 deter~ned 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 Ad~/nistration 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.
TERM AGREEMENTS
Each agreement shall have a maximum fee of SlO0,000. Agreements
for fees greater than S100,000 shall come under the individual
project solicitation and Consultant selection process.
Consultant Firms are selected for the following categories of
service:
A. Bridge and Structure Design
B. Roadway Design
C. Su~--veyfng and Mapping
D. Geotechnical and Materials
E. Environmental - General
El. Environmental - Archaeological
E2. Environmental - Hazardous Waste
F. Traffic Control, Signalization, Signing, and Lighting
G. Hydraulics
Consultants under the 1991 Solicitation:
ATEC Associates, Inc. HNTB Howard Needles Tammen &
Bell Walker Engineers, Inc. Bergendoff
Boise State University HW Lochner, Inc.
Briggs Engineering, Inc. Higgins Engineers, Inc.
Burgess & Niple, Limited Howard Consultants, Inc.
CH2M Hill Hubble Engineering, Inc.
Centennial Engineer~ng, Inc. Idaho State Un/versify
Chen-Northern, Inc. JR/< & Associates
Clearwater Engineering J-U-B Engineers, Inc.
David Evans and Meckel Engineering and
Associates, Inc. Surveying
David P. Evans and Porters Land Surweying
Associates Power Engineers, Inc.
E~ Engineers, Inc. Sharp & Smith, Inc.
Ecological Design, Inc. Sverdrup Corporation
Flamingo Engineers Toothman-Orton Engineering
Forsgren Associates, PA Welch Engineering, Inc.
HDR Engineering, Inc. Wyatt-Jaykim Engineers, Inc.
Consultants under the 1992 selection:
B & A Engineers, Inc. Mariah Assoc., Inc.
CH2M Hill Morrison Knudsen, Corp.
Chen-Northern, Inc. Idaho State University
CR$S Civil Engineers, Inc. NW Archaeological Assoc., Inc.
Dames & Moore Power Engineers
Eastern Washington University Power Environmental Svcs., Inc.
Echeco Environmental Svcs. Renewable Technologies, Inc.
Entranco Engineers, Inc. Rtedel Environmental Svcs., Inc.
Flamingo Engineers Roylance & Assoc., P.A.
GCM Services, Inc. Sagebrush Archaeological Consult.
Harper-Leavitt Engineering, Inc. Science Application Iht'l, Corp.
HDR Engineering, Inc. Special Resources Management, !nc.
H.W. Lochner Surveyors West
Hazcon, Inc. Terracon Consultants Western, Inc.
Hess, Roise and Company Welch, Comer & Assoc., Inc.
Kleinfelder, Inc.
JAVMEMO$-P31
'. DISTRICT ONE
TERM AGREEMENTS
1991 SOLICITATION
A B C D E F G
BKIDGE ROADWAY SURVEY GEOTECH ENVIRON TRAFFIC HYDRAULIC
Bm"~ ,~ N Bell-W CH2M ATEC BelI-W 'Beil-W BelI-W
CH2M Burg= 8; N D Evans CH2M CH2M CH2M Burg & N
Centen CH2M DP Evans Chen-N D Evans Forsgren CH2M
Forsgren Centen J-U-B Howard [ Ecolog [ Id'NTB Clearwter
!
I-IDR D Evans Meckel JI-tK I Lochner Forsgren
H~TB Forsgren Porters J-U-B J'HK Lochner
Higgins H'NTB Welch J-U-B Higgtns
J-U-B Lochner Wyatt'J I I J-U-B
Sverdrup Higgtns I
J-U'B
" (2 D E E1 E2
SURVEY GEOTECH ENV-GEN ENV-ARCH ENV-HAZ
Flamingo Dames & M CRSS CH2M CH.2M
Surv West Kleinfldr Dames & M E Wash U Chen-N
Wlch Cmr Terracon Enu-anco GCM Dames & M
£ Wash U . Hess,R.se Hazcon
HDR NW Amh Kleinfldr
Lochner Renew T I M-K
M-K Reidel
Sp Re Man
t~;sT~corl
DISTRICT TWO
I TERM AGREEMENTS
1991 SOLICITATION
A B C D E F G
BRIDGE ROADWAY SURVEY GEOTECH ENVIRON TRAFFIC HYDRAULIC
Burg & N BelI-W CH2J'M ATEC BelI-W BelI-W ~ell-W
CH2M Burg & N D' Eves CH2. M i cH2M CH2M Burg & N
" Centen CH2M J=U-B Chen-N D Evans Forsgren CH2.M
Forsgren Centen Porters Howard Ecolog H'NTB Clearvaer
I-{2q'l'B D Evans Wya~-J [ JHK Lochner Forsgren
I
Higgins Forsgren [ [ J-U=B JHK 'Lochner
Sverdrup Lochner [ J-U-B
Higgins
J'U'B I ..
Wyattd
1992 SOLICITATION
C D E E1 E2
SURVEY GEOTECH ENV-GEN El,IV-ARCH ENV-HAZ
Flamingo Dames & M ' CRSS [ CH2M CH2M
!
Surv West Kleinfldr Dames & M E Wash U Chen-N
Terracon Entranco GCM Dames & M
E Wash U · Hess,Rse Hazcon
Lochner Renew T I Kleinfldr
M-K M-K
Reidel
Sp Re Man
Te~acon
DISTRICT THREE
~. TERM AGREEMENTS
1991 SOLICITATION
A B C D E F G
BRIDGE ROADWAY SURVEY GEOTECH ENVIRON TRAFFIC HYDRAULIC
Burg & N Betl-'W ] Br/ggs ATEC Bell-W Beli-W Bell-W
CHUM Burg & N [ CH2M BSU CH2M CH2M Burg & N
Centen CH2M Hubble CH2M Ecoiog Forsgren CI-L2M
Flamingo Centen J-U-B Chen-N JHK blNTB Forsgren
Forsgren Flamingo I Portem Howard J-U-B ' Lochner Lochner
FIDR Forsgren Sharp & S To°thran-O JI-IK Higgins
HNTB HNTB Toothmn-O J-U-B J-U-B
Higgins [ Lochner Toothmn-O
J-U-B Higgins
Sverdrup J-U-B
1992 SOLICITATION
C D E El E2
SURVEY GEOTECH ENV-GEN El'tV-ARCH ENV-HAZ
B & A Dames & M CRSS CH2M CI-I2M
Flamingo Kleinfldr Dames & M Dames &'M Chen-N
Power Terracon Entranco E Wash U Dames & M
Roylance E Wash U GCM Hazcon
HDR Heas,P,$c Kleinfldr
Mariah Renew T I M-K
M-K Sc Ap Int Reidel
Lochner Sc Ap lnt
Sc Ap Iht Sp Re Man
Terracon
DISTRICT FOUR
TERM AGREEMENTS
199 i SOLICITATION
A B ~ D ti F G
BRIDGE ROADWAY SURVEY GEOTECFI £NVIRON TRAFFIC HYDRAULIC
Burg & N BelI-W CH2M ATEC BelI. W Beil-W I Beii-W
CH2M Bur§ & N EHM BSU CH2,M CH2.M Bur!; & N
Centen CI-L2 M J-U-B CH2M Ecolog Forsgren' CH2M
Flamingo Centen Porters Chen-N Isu HNTB Forsgren
Forsgren SlIM Po~er "'1 Howard .fl-l.K ISU Higgins
H~TB Flamingo Sharp-& S Isu J-U-B ~ ISU
Higgins Fo'rsgren } Power PowEr J-U-B J-U-B
ISU H'NTB . Power Power
J-U-B Higgins
'Sverdrup ISU
Plower
Sharp & S I . "
;9 2 SOL;CITA'nO
' - C' D E - E1 E2
SURVEY GEOTECH ENV-GEN ENV-ARCH ENV-HAZ
Flamingo Dames & M CRSS CH2.M CH2M
Roylance " Kleinfldr Dames & M Dames & M Chen-N
Terracon Entranco E Wash U Dames & M
E Wash U" GCM Hazcon'
' Mariah Hess,R.se Klei~fldr
..... M-K 'Renew T [ M-K
Power Env Sagebrush Power Env
"' Sc Ap [nt Sc Ap Int Reidei'
- Sc Ap Int
- Sp Re M~n
'" Termcon
DISTRICT FIVE
TERM AGREEMENTS
1991 SOLICITATION
A B C D E F G
BRIDGE ROADWAY SUR. VEY GEOTECH ENVIKON TRAFFIC HYDRAULIC
Bur!; & N BelI-W CH2M ATEC BelI-W BetI-W BelI-W
CH2M CH2M Porters BSU CH2M CH2M Burg & N
Centen Centen Power CH2M Ecolog Forsgren CH2M
Forsgren Forsgren Sharp & S Chen-N ISU F[NTB Forsgren
HNTB H2qTB Howard JHK ISU Higgins
Higgins Higgins ISU 'Power JHK ISU
ISU ISU Power Power Power
J-U-B Power
Sverdrup ....
1992 SOLICITATION
C D E El E2
SURVEY GEOTECH ENV-GEN ENV-ARCH ENV-HAZ
Flamingo Dames & M CRSS CI-L2M CI-I2M
Harp & L Kleinfldr Dames & M Dames & M Chen-N
Termcon Echeco E Wash U Dames & M
Entranco GCM Echeco
E Wash U Hess,R.se Hazcon
Mariah ISU Kleinfldr
M-K Renew T I M-K
Power Env Sagebrush Power £nv
Sc Ap lnt Sc Ap lnt Reidel
S¢ Ap lnt
Sp Re Man
Terr'aeon
l,
· DISTRICT SIX
TERM AGREEMENTS
1991 SOLICITATION
A B C D E F G
BRIDGE ROADWAY SURVEY GEOTECH ENVIRON TRAFFIC HYDRAULIC
Burg & N ' Beli-W CH2M ATEC Bell-W Bell-~ Beil-W
· CH2M Burg & N D Evans BS'U CH2M CH2M Burg & N "
Centen CH2M Por~ers CH2M D Evans Forsgren CH2M
F0rsgren Centen Power [ Chen-N Ecolog H'NTB Forsgren
H2qTB D Evans sharp & S Howard ISU ISU Higgins
Higgins Forsgren ISU .[HK JHK [ ISU
ISU I-]2qTB Power Power Power Power
J-U-B Higgins
Sverdrup ISU [
Power ' ' ' I
1992 SOLICITATION
.... C' D ~ E1 E2
SURVEY GEOTECH ENV-GEN ENV-ARCH ENV-HAZ
Flamingo Dames & M ] CRSS CH2M CH2M
Harp & L Kleinfldr Dames & M Dames & M .Chen-N
Terracon Echeeo E Wash U [ Dames & M
Entranco GCM Echeco
E Wash U He~,l~e' Hazcon
Mariah Renew T I I~leinfldr
M-K Sagebrush M-K
Power Env Power Env
Reidei
Sp Re Man
" Terracon