HomeMy WebLinkAbout1994-002 Hawthorne/Siphon Intersection CITY OF CHUBBUCK
RESOLUTION #2-94
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. Hawthorne & Siphon Roads; 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
cost s; and
WHEREAS, certain functions to be performed by the State
involve the expenditure of funds as set forth in the Agreement; and
WHEREAS, the City is fully responsible for its share of
project costs; and
WHEREAS it is intended that the pro3ect 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-703i(i~) is hereby approved.
2. That the Mayor and City Clerk 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.
/John O. Cotant, Mayor
CERTiFiCATION
I hereby certify that the above is a true copy of a Resolution
passed at a regular meeting of the Chubbuck City Council, Chubbuck
Idaho, held on February 8, 1994.
Ron C. Conlin, City Clerk
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. Hawthorne & Siphon Roads
; 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-7031(IO0) 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
Council, C,~TrT'm~TTeR' , Idaho, held on FEBRUARY 8r , 19 94 .
City Clerk
ITD-510 2/90
LOCAL ROADS
STATE/LOCAL AGREEMENT
(PRELIMINARY ENGINEERING)
STP-7031(100)
INT. HAWTHORNE & SIPHON ROADS
CITY OF CHUBBUCK
KEY NO. 5411
PARTIES
THIS AGREEMENT is made and entered into this ~ day of
/~/~/~j~ , 19 ~, by and between the IDAHO TRANSPORTATION
DEPARTMENT, 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 construc-
tion Federal-Aid Highway Project STP-7031(100), described as
Int. Hawthorne & Siphon Roads, 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 engi-
neering 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 prelimi-
nary 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. Perform or make arrangement for any archaeological
reconnaissance of the project provided sufficient
lead time is arranged with the State. Any work
beyond reconnaissance and routine clearance will
require further negotiations with the State.
e. Review rights-of-way appraisals and assign personnel
to determine relocation entitlements and assistance
which might be required by the project.
f. 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.
g. Assist in negotiations with public carriers and
utilities for agreements on behalf of the SPONSOR.
h. Hold utility hearings or advertise the opportunity
therefore when necessary.
i. Review the Engineers' plans, estimates, reports and
environmental studies, and issue notice of approval
to the SPONSOR and the Engineers following the
Concept, Preliminary and Final Design Reviews and the
Design Study Report.
-2-
SECTION II. (Cont.)
Supply roadway summary sheets and such standard draw-
ings as may be required to supplement the plans.
k. Prepare title sheet.
1. Print and assemble plans, special provisions, speci-
fications and contract.
m. Advertise for bids and let the construction contract.
n. 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.
-3-
SECTION III. (Cont.)
8. Provide relocation assistance and payments for any dis-
placed person, business, farm operation, or non-profit
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.
9. To the greatest extent practicable, schedule the adver-
tisement 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 environ-
mental 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.
-4-
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 CHUBBUCK.
IDAHO TRANSPORTATION DEPARTMENT
APPROVED BY:
~te 'High,way Administrator
RECOMMENDED BY:
~ Lo(~ Roads Engineer .
APPROVED AS TO FORM:
-~al Counsel
ATTEST: CITY OF CHUBBUCK
.- · ~ayor
(SEAL)
By regular/~~ meeting
on February 8, 1994 .
cbc/lr^int:w
APPENDIX A
Excerpts from Title 49 CFR Part 2~1
Durino the performance of work covered by this Agreement, City of
_~ ..Ch.ub.bu.ck ..... 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 solicita-
tions for subcontract including procurement of mater£als and equipment~ or
any other £ndivtdual or firm providing or proposing sez-vtces based on race,
color, religion, sex, national origin, age or non-Job-related handicap.
3. Solicitations for Subcontractor Including Procurements of Materials
and Equipmen~: 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, relig-
ion, 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 /ts 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 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 S10,000 or more to include
procurement of materials end leases of equipment unless exempt by Regula-
tions, Orders, or Directives pursuant thereto. The SPONSOR shall take such
action with respect to subcontractor or procurement as the Idaho Transporta-
tion 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.