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12.01.2022 Council Packet Ammon City Council 12.01.2022Page 1 of 56 Ammon City Council 12.01.2022Page 2 of 56 Ammon City Council 12.01.2022Page 3 of 56 Ammon City Council 12.01.2022Page 4 of 56 Ammon City Council 12.01.2022Page 5 of 56 Ammon City Council 12.01.2022Page 6 of 56 Ammon City Council 12.01.2022Page 7 of 56 Ammon City Council 12.01.2022Page 8 of 56 Ammon City Council 12.01.2022Page 9 of 56 Ammon City Council 12.01.2022Page 10 of 56 Ammon City Council December 1, 2022 Mayor Coletti and City Councilmembers: Ordinance 695 Issuance and Sale of Interim Warrant for Fiber Optic Local Improvement District #6 Hˆavnb xz‡nknbY‡nzx zk ‡mf *n‡¯ nx‡fx‡nzx ‡z kˆxd ‡mf bzx ‡„ˆb‡nzx vzYx kz„ =6, Ûä Staff Presenting: Dan Tracy, Technology Director Recommendation -Adopt the ordinance providing construction financing for LID #6. Summary of Analysis 1.The City has historically provided construction financing for past LIDs at market rate. 2.These funds are paid back to the City in full with bond financing at project closing. 3.Staff recommends adoption of Ordinance 695. NOTE: An ordinance actually funding the construction loan will be presented at the regular City Council meeting on 15 Dec, 2022. Financial Impact -LID #5 is expected to require around 2 million in construction funding over 2 years, but could rise as high as 3 million depending on the take rate. The interest rate charged by the City to the LID as stated in the ordinance and recommended by the Finance Director is 3% Motion Adoption Language provided by the City Clerk Attachments: Ordinance 695 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.ci.ammon.id.us Page|1 Ammon City Council 12.01.2022Page 11 of 56 Ammon City Council 12.01.2022Page 12 of 56 Ammon City Council 12.01.2022Page 13 of 56 Bonds City City ClerkClerk Ammon City Council 12.01.2022Page 14 of 56 City CouncilCouncil Code Fiber LID No. 6 Improvements Improvements Fund Interest Rate Interest Payment Date Mayor Ordinance Purchaser Registered Owner Repayment Fund Treasurer Warrant Warrant Register Warrant Registrar Ammon City Council 12.01.2022Page 15 of 56 Ammon City Council 12.01.2022Page 16 of 56 Ammon City Council 12.01.2022Page 17 of 56 Ammon City Council 12.01.2022Page 18 of 56 Ammon City Council 12.01.2022Page 19 of 56 Ammon City Council 12.01.2022Page 20 of 56 Ammon City Council 12.01.2022Page 21 of 56 Ammon City Council 12.01.2022Page 22 of 56 Ammon City Council 12.01.2022Page 23 of 56 Ammon City Council 12.01.2022Page 24 of 56 Ammon City Council 12.01.2022Page 25 of 56 AmmonCityCouncil December1,2022 MayorColettiandCityCouncilmembers: ApprovalofState/LocalAgreementfor17th:HittRdtoTrailwoodDrPavementImprovementBMPO Project StaffPresenting: TracyBono,CityEngineer Recommendation -StaffrecommendsapprovingState/LocalAgreement SummaryofAnalysis TheCityofAmmonhasrequestedthattheStateincludeinitsIdahoTransportationInvestmentProgram Federal-AidProjectNo.A023(303),describedas17thStreet,HittRoadtoTrailwoodDrive.Project dffvzwfx‡n ‡zaff„kz„wfdaLzx z„¯ ‡Ykk¸*zx ˆv‡Yx‡.xlnxff„ ­Mmfˆ„z fzk‡mn !l„ffwfx‡ istosetoutthetermsandconditionstoaccomplishtheprojectdevelopmentphaseofthisproject. SincecertainfunctionsunderthisAgreementaretobeperformedbytheState,requiringthe expenditureoffunds,andsincetheStatecanonlypayforworkassociatedwiththeStateHighway System,theSponsorisfullyresponsibleforallcostsincurredbytheStaterelatedtotheproject. AuthorityforthisAgreementisestablishedbySection40-317oftheIdahoCode. FinancialImpact $3,000.00tobecomeoutoftheStreetBudget Motion °6wzf‡zY„zfL‡Y‡f¸=zbYv!l„ffwfx‡kz„‡mfßå‡m¬5n‡‡Kd‡zM„YnvŽzzd,„HYfwfx‡6w„zfwfx‡ Project Attachments: SeeAttachedAgreement 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.ci.ammon.id.us Page|1 Ammon City Council 12.01.2022Page 26 of 56 STATE/LOCAL AGREEMENT (PROJECT DEVELOPMENT) PROJECT NO. A023(303) TH 17 ST; HITT RD TO TRAILWOOD DRIVE BONNEVILLE COUNTY KEY NO. 23303 PARTIES THIS AGREEMENT is made and entered into this _________ day of _________________, _______, by and between the IDAHO TRANSPORTATION BOARD, by and through the IDAHO TRANSPORTATION DEPARTMENT, hereafter called the State, and the CITY OF AMMON, acting by and through its MAYOR AND COUNCIL, hereafter called the Sponsor. PURPOSE The Sponsor has requested that the State include in its Idaho Transportation Investment Program Federal-Aid Project No. A023(303), described as 17th Street, Hitt Road to Trailwood Drive. Project development 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, requiring the expenditure of funds, and since theState can only pay for work associated with the State Highway System, theSponsor is fully responsible for all costs incurred by the Staterelated to the project. Authority for this Agreement is established by Section 40- 317 of the Idaho Code. The Parties agree as follows: State/Local Agreement (PD) 17th Street, Hitt Road to Trailwood Drive Key No. 23303 Page 1 Ammon City Council 12.01.2022Page 27 of 56 SECTION I. GENERAL 1.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. 2.Federal participation in the project is at the rate of 92.66%; local participation is 7.34%. Scheduled funding for this project is listed in the approved Idaho Transportation Investment Program, and subsequent revisions. Current estimated funding is as follows: a.Project Development - $75,000 b.Right-of-Way - $0 c.Utilities - $0 d.Construction and Construction Engineering - $553,000 e.Total Estimated Project Costs - $628,000 3.The Sponsor’smatch for this project will be provided in cash in the amount of 7.34 percent of the entire project (current estimate $46,095). 4.Funds owed by the Sponsor shall be remitted to the State through the ITD payment portal at: https://apps.itd.idaho.gov/PayITD . 5.This project shall be designed to State Standards as defined in the current version of the Idaho Transportation Department’s Design Manual, or as subsequently revised. The current version of the Design Manual can be viewed at the following web site: http://itd.idaho.gov/manuals/ManualsOnline.htm. 6.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. 7.If the project is terminated by the Sponsor prior to completion, the Sponsor shall repay to the State all federal funds received for the project, and shall be State/Local Agreement (PD) 17th Street, Hitt Road to Trailwood Drive Key No. 23303 Page 2 Ammon City Council 12.01.2022Page 28 of 56 liable to the State for any un-reimbursed incidental expenses as provided for in Section II, Paragraph 1 of this Agreement. 8.Sufficient Appropriation. It is understood and agreed that the State and the Sponsor are governmental agencies, and this Agreement shall in no way be construed so as to bind or obligate the State or the Sponsor beyond the term of any particular appropriation of funds by the Federal Government or the State Legislature as may exist from time to time. The State and the Sponsor reserve the right to terminate this Agreement if, in its sole judgment, the Federal Government or the legislature of the State of Idaho fails, neglects or refuses to appropriate sufficient funds as may be required for the State to continue payments. Any such termination shall take effect immediately upon notice and be otherwise effective as provided in this Agreement. SECTION II. That the State shall: 1. Provide the following services incidental to the project development: a.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 theSponsor and Consultant Engineers on this project. b.Review Preliminary Environmental Evaluation and recommend other appropriate environmental documentation. c.Furnish to the engineers copies of materials test reports and other data applying to the project and available to the State. d.Provide a hearing officer to conduct a formal public hearing as necessary. e.Assign State personnel or assist in hiring a qualified relocation agent consultant to determine relocation entitlements and assistance which might be required by the project. State/Local Agreement (PD) 17th Street, Hitt Road to Trailwood Drive Key No. 23303 Page 3 Ammon City Council 12.01.2022Page 29 of 56 f.File with the Federal Highway Administration applications for exceptions to AASHTO Standards when appropriate and for government land withdrawals for rights-of-way and airport clearance. g.If requested by the Sponsor, assist in negotiations with public carriers and utilities for agreements on behalf of theSponsor. h.Review the Consultant plans, estimates, reports and environmental studies, and issue notice of approval. i.Supply roadway summary sheets and such standard drawings as may be required to supplement the plans. j.Print and assemble plans, special provisions, specifications and contracts. k.Advertise for bids and let the construction contract. Prior to construction, the parties will enter into a separate agreement covering responsibilities of the parties relating to construction. 2.Within sixty (60) days of receipt of appropriate documentation from the Sponsorshowing expenditure of funds for project development, reimburse the Sponsor for eligible expenses at the approved Federal-aid rate. 3.Bill the Sponsorfor costs incurred by the State under this Agreement for project development, if those costs exceed the amount set out in Section III, Paragraph 1. 4.Bill the Sponsorfor any federal funds to be repaid by the Sponsor if the project is terminated by the Sponsor prior to completion, and the Sponsorhas been reimbursed with federal funds for preliminary engineering and/or right-of-way acquisition. 5.Appoint the Local Highway Technical Assistance Council as the contract administrator for the State. State/Local Agreement (PD) 17th Street, Hitt Road to Trailwood Drive Key No. 23303 Page 4 Ammon City Council 12.01.2022Page 30 of 56 SECTION III. That the Sponsor shall: 1.Pay to theState, before the State begins the incidental services referred to in Section II, Paragraph 1, the sum of THREE THOUSAND DOLLARS ($3,000), estimated to be the total expense to theState referred to in Section I, Paragraph 2.In addition, pay to the Statethe cost of all incidental services provided by the State upon receipt of the billing provided for in Section II, Paragraph 3. These funds will be credited towards the Sponsor’s match on the project. 2.Sponsor warrants that it will repay any federal reimbursements on this project if the project is terminated by the Sponsor prior to completion. 3.With the assistance of the State, hire a consultant for development of the project. 4.Make timely payment of all consultant invoices throughout the design of the project. Periodically the Sponsor may submit allowable Consultant invoices and receipts to the Stateshowing payment of same. The State will reimburse the Sponsor for eligible expenses less the Sponsor’s match. 5.Advertise for and hold a formal public hearing if required in accordance with the Idaho Open Meetings Law. 6.Coordinate the relocation of utilities within the right- of-way of the project. Federal-aid utility relocations will be processed in accordance with the applicable provisions of 23 CFR and the Sponsor’s utility policies and procedures. 7.Right of Way a.Acquire all rights-of-way and easements needed to provide for construction and maintenance of the project. b.Employ an approved certified general appraiser to complete all appraisals and an independent certified general appraiser to review appraisals required for the project unless the property value meets the requirements in Idaho Code Section 54- 4105(5) and 45 CFR 24.102. State/Local Agreement (PD) 17th Street, Hitt Road to Trailwood Drive Key No. 23303 Page 5 Ammon City Council 12.01.2022Page 31 of 56 c.Review the appraisal reviewer’s statement of the estimated fair market value and approve an amount to be just compensation for each parcel to be acquired. d.Provide a monthly right-of-way status report (ITD- 2161), and forward it to the project manager. e.Before initiating negotiations for any real property required for right-of-way, establish, in writing, an amount considered to be just compensation, under Idaho law, Federal Regulations or any other applicable law, and make a prompt offer to acquire the property for the full amount established. f.Make a good faith effort, in accordance with Real Property Acquisition Policies Act of 1970, to acquire the real property by negotiation. Employ a State Approved Negotiator if necessary. g.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 his rights including his right to full compensation in money for land and damages, if any, in accordance with Idaho Code. h.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; 49 CFR 24; 23 CFR 710; the Idaho Real Property Acquisition Act of 1971; Title 40, Chapter 20; 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. In addition, advise the State of any relocations required by the project and upon request of the State, authorize theState to negotiate on the Sponsor’s behalf for all relocation assistance and payments, the cost of which will be assumed by theSponsor at the time of negotiation. State/Local Agreement (PD) 17th Street, Hitt Road to Trailwood Drive Key No. 23303 Page 6 Ammon City Council 12.01.2022Page 32 of 56 i.Ensure to the greatest extent practicable 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 prior to advertisement of the project. 8.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. 9.Evaluate the impact the project might have on the quality of the human environment and prepare and furnish to the State an environmental evaluation that includes cultural resources and any other documentation required by the National Environmental Policy Act. 10.At all required public hearings, furnish all necessary exhibits and provide for a representative of theSponsor 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. 11.Comply with Attachment 1 attached hereto and made a part hereof. By this agreement Sponsor agrees to comply with and be bound to the Civil Rights provisions of Title VI of the Federal Code and to generally insert those provisions in all contracts that it enters into that are federally funded on this project. If property acquired for this project with Federal financial assistance is transferred, the recipient of the property will be subject to Attachment 1 if the property is used for the same purpose it was originally acquired or for another purpose involving similar services or benefits to the general public. Sponsor should contact the State prior to disposing of any property acquired under this agreement. State/Local Agreement (PD) 17th Street, Hitt Road to Trailwood Drive Key No. 23303 Page 7 Ammon City Council 12.01.2022Page 33 of 56 12.Maintain all project records, including source documentation for all expenditures and in-kind contributions, for a period of three (3) years from the date of final acceptance. If any litigation, claim, negotiation, or audit has been started before expiration of the three-year period, the records shall be retained until completion of the action and resolution of all issues that arise from it. 13.Comply with all other applicable State and Federal regulations. EXECUTION This Agreement is executed for the State by its Highways Construction & Operations Division Administrator, and executed for the SPONSOR by the MAYOR, attested to by the CITY CLERK, with the imprinted Corporate Seal of the City of AMMON. IDAHO TRANSPORTATION DEPARTMENT _________________________________ Division Administrator Highways Construction & Operations ATTEST: CITY OF AMMON ________________________________ City Clerk Mayor (SEAL) By regular/special meeting on ______________________. rr: 23303 SLA PD State/Local Agreement (PD) 17th Street, Hitt Road to Trailwood Drive Key No. 23303 Page 8 Ammon City Council 12.01.2022Page 34 of 56 1 Ammon City Council 12.01.2022Page 35 of 56 2 Ammon City Council 12.01.2022Page 36 of 56 3 Ammon City Council 12.01.2022Page 37 of 56 4 Ammon City Council 12.01.2022Page 38 of 56 Ammon City Council December 1, 2022 Mayor Coletti and City Councilmembers: Approval of State/Local Agreement for 17th and Curlew Intersection Improvement BMPO Projects Staff Presenting: Tracy Bono, City Engineer Recommendation -Staff recommends approving State/Local Agreement Summary of Analysis The City of Ammon has requested that the State include in its Idaho Transportation Investment Program Federal-Aid Project No. A023(304), described as 17th Street and Curlew Intersection Improvements. H„ztfb‡ dffvzwfx‡ n ‡z af f„kz„wfd a Lzx z„¯ ‡Ykk¸*zx ˆv‡Yx‡ .xlnxff„ ­ Mmf ˆ„z f zk ‡mn Agreement is to set out the terms and conditions to accomplish the project development phase of this project. Since certain functions under this Agreement are to be performed by the State, requiring 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. Financial Impact $1,000.00 to be come out of the Street Budget Motion °6 wzf ‡z Y„zf L‡Y‡f¸=zbYv !l„ffwfx‡ kz„ ‡mf ßå‡m Yxd *ˆ„vfŽ 6x‡f„ fb‡nzx 6w„zfwfx‡ H„ztfb‡ Attachments: See Attached Agreement 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.ci.ammon.id.us Page|1 Ammon City Council 12.01.2022Page 39 of 56 STATE/LOCAL AGREEMENT (PROJECT DEVELOPMENT) PROJECT NO. A023(304) TH 17 ST AND CURLEW INTERSECTION IMPROVEMENTS BONNEVILLE COUNTY KEY NO. 23304 PARTIES THIS AGREEMENT is made and entered into this _________ day of _________________, _______, by and between the IDAHO TRANSPORTATION BOARD, by and through the IDAHO TRANSPORTATION DEPARTMENT, hereafter called the State, and the CITY OF AMMON, acting by and through its MAYOR AND COUNCIL, hereafter called the Sponsor. PURPOSE The Sponsor has requested that the State include in its Idaho Transportation Investment Program Federal-Aid Project No. A023(304), described as 17th Street and Curlew Intersection Improvements. Project development 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, requiring the expenditure of funds, and since theState can only pay for work associated with the State Highway System, theSponsor is fully responsible for all costs incurred by the Staterelated to the project. Authority for this Agreement is established by Section 40- 317 of the Idaho Code. The Parties agree as follows: SECTION I. GENERAL 1.It is necessary to develop construction plans and specifications in order that federal participation may be obtained in the construction costs of the project. State/Local Agreement (PD) 17th Street and Curlew Intersection Improvements Key No. 23304 Page 1 Ammon City Council 12.01.2022Page 40 of 56 Federal-aid for project development and right of way is available on this project. 2.Federal participation in the project is at the rate of 92.66%; local participation is 7.34%. Scheduled funding for this project is listed in the approved Idaho Transportation Investment Program, and subsequent revisions. Current estimated funding is as follows: a.Project Development - $18,000 b.Right-of-Way - $0 c.Utilities - $0 d.Construction and Construction Engineering - $93,000 e.Total Estimated Project Costs - $111,000 3.The Sponsor’smatch for this project will be provided in cash in the amount of 7.34 percent of the entire project (current estimate $8,147). 4.Funds owed by the Sponsor shall be remitted to the State through the ITD payment portal at: https://apps.itd.idaho.gov/PayITD . 5.This project shall be designed to State Standards as defined in the current version of the Idaho Transportation Department’s Design Manual, or as subsequently revised. The current version of the Design Manual can be viewed at the following web site: http://itd.idaho.gov/manuals/ManualsOnline.htm. 6.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. 7.If the project is terminated by the Sponsor prior to completion, the Sponsor shall repay to the State all federal funds received for the project, and shall be liable to the State for any un-reimbursed incidental expenses as provided for in Section II, Paragraph 1 of this Agreement. 8.Sufficient Appropriation. It is understood and agreed that the State and the Sponsor are governmental agencies, and this Agreement shall in no way be construed so as to bind or obligate the State or the State/Local Agreement (PD) 17th Street and Curlew Intersection Improvements Key No. 23304 Page 2 Ammon City Council 12.01.2022Page 41 of 56 Sponsor beyond the term of any particular appropriation of funds by the Federal Government or the State Legislature as may exist from time to time. The State and the Sponsor reserve the right to terminate this Agreement if, in its sole judgment, the Federal Government or the legislature of the State of Idaho fails, neglects or refuses to appropriate sufficient funds as may be required for the State to continue payments. Any such termination shall take effect immediately upon notice and be otherwise effective as provided in this Agreement. SECTION II. That the State shall: 1. Provide the following services incidental to the project development: a.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 theSponsor and Consultant Engineers on this project. b.Review Preliminary Environmental Evaluation and recommend other appropriate environmental documentation. c.Furnish to the engineers copies of materials test reports and other data applying to the project and available to the State. d.Provide a hearing officer to conduct a formal public hearing as necessary. e.Assign State personnel or assist in hiring a qualified relocation agent consultant to determine relocation entitlements and assistance which might be required by the project. f.File with the Federal Highway Administration applications for exceptions to AASHTO Standards when appropriate and for government land withdrawals for rights-of-way and airport clearance. State/Local Agreement (PD) 17th Street and Curlew Intersection Improvements Key No. 23304 Page 3 Ammon City Council 12.01.2022Page 42 of 56 g.If requested by the Sponsor, assist in negotiations with public carriers and utilities for agreements on behalf of theSponsor. h.Review the Consultant plans, estimates, reports and environmental studies, and issue notice of approval. i.Supply roadway summary sheets and such standard drawings as may be required to supplement the plans. j.Print and assemble plans, special provisions, specifications and contracts. k.Advertise for bids and let the construction contract. Prior to construction, the parties will enter into a separate agreement covering responsibilities of the parties relating to construction. 2.Within sixty (60) days of receipt of appropriate documentation from the Sponsorshowing expenditure of funds for project development, reimburse the Sponsor for eligible expenses at the approved Federal-aid rate. 3.Bill the Sponsorfor costs incurred by the State under this Agreement for project development, if those costs exceed the amount set out in Section III, Paragraph 1. 4.Bill the Sponsorfor any federal funds to be repaid by the Sponsor if the project is terminated by the Sponsor prior to completion, and the Sponsorhas been reimbursed with federal funds for preliminary engineering and/or right-of-way acquisition. 5.Appoint the Local Highway Technical Assistance Council as the contract administrator for the State. SECTION III. That the Sponsor shall: 1.Pay to theState, before the State begins the incidental services referred to in Section II, Paragraph 1, the sum of ONE THOUSAND DOLLARS ($1,000), estimated to be the total expense to theState referred to in Section I, Paragraph 2.In addition, pay to the Statethe cost of all incidental services provided by the State upon State/Local Agreement (PD) 17th Street and Curlew Intersection Improvements Key No. 23304 Page 4 Ammon City Council 12.01.2022Page 43 of 56 receipt of the billing provided for in Section II, Paragraph 3. These funds will be credited towards the Sponsor’s match on the project. 2.Sponsor warrants that it will repay any federal reimbursements on this project if the project is terminated by the Sponsor prior to completion. 3.With the assistance of the State, hire a consultant for development of the project. 4.Make timely payment of all consultant invoices throughout the design of the project. Periodically the Sponsor may submit allowable Consultant invoices and receipts to the Stateshowing payment of same. The State will reimburse the Sponsor for eligible expenses less the Sponsor’s match. 5.Advertise for and hold a formal public hearing if required in accordance with the Idaho Open Meetings Law. 6.Coordinate the relocation of utilities within the right- of-way of the project. Federal-aid utility relocations will be processed in accordance with the applicable provisions of 23 CFR and the Sponsor’s utility policies and procedures. 7.Right of Way a.Acquire all rights-of-way and easements needed to provide for construction and maintenance of the project. b.Employ an approved certified general appraiser to complete all appraisals and an independent certified general appraiser to review appraisals required for the project unless the property value meets the requirements in Idaho Code Section 54- 4105(5) and 45 CFR 24.102. c.Review the appraisal reviewer’s statement of the estimated fair market value and approve an amount to be just compensation for each parcel to be acquired. d.Provide a monthly right-of-way status report (ITD- 2161), and forward it to the project manager. State/Local Agreement (PD) 17th Street and Curlew Intersection Improvements Key No. 23304 Page 5 Ammon City Council 12.01.2022Page 44 of 56 e.Before initiating negotiations for any real property required for right-of-way, establish, in writing, an amount considered to be just compensation, under Idaho law, Federal Regulations or any other applicable law, and make a prompt offer to acquire the property for the full amount established. f.Make a good faith effort, in accordance with Real Property Acquisition Policies Act of 1970, to acquire the real property by negotiation. Employ a State Approved Negotiator if necessary. g.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 his rights including his right to full compensation in money for land and damages, if any, in accordance with Idaho Code. h.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; 49 CFR 24; 23 CFR 710; the Idaho Real Property Acquisition Act of 1971; Title 40, Chapter 20; 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. In addition, advise the State of any relocations required by the project and upon request of the State, authorize theState to negotiate on the Sponsor’s behalf for all relocation assistance and payments, the cost of which will be assumed by theSponsor at the time of negotiation. i.Ensure to the greatest extent practicable 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 prior to advertisement of the project. 8.Before advertisement for bids, provide a certification that all rights-of-way, easements, permits, materials State/Local Agreement (PD) 17th Street and Curlew Intersection Improvements Key No. 23304 Page 6 Ammon City Council 12.01.2022Page 45 of 56 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. 9.Evaluate the impact the project might have on the quality of the human environment and prepare and furnish to the State an environmental evaluation that includes cultural resources and any other documentation required by the National Environmental Policy Act. 10.At all required public hearings, furnish all necessary exhibits and provide for a representative of theSponsor 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. 11.Comply with Attachment 1 attached hereto and made a part hereof. By this agreement Sponsor agrees to comply with and be bound to the Civil Rights provisions of Title VI of the Federal Code and to generally insert those provisions in all contracts that it enters into that are federally funded on this project. If property acquired for this project with Federal financial assistance is transferred, the recipient of the property will be subject to Attachment 1 if the property is used for the same purpose it was originally acquired or for another purpose involving similar services or benefits to the general public. Sponsor should contact the State prior to disposing of any property acquired under this agreement. 12.Maintain all project records, including source documentation for all expenditures and in-kind contributions, for a period of three (3) years from the date of final acceptance. If any litigation, claim, negotiation, or audit has been started before expiration of the three-year period, the records shall be retained until completion of the action and resolution of all issues that arise from it. State/Local Agreement (PD) 17th Street and Curlew Intersection Improvements Key No. 23304 Page 7 Ammon City Council 12.01.2022Page 46 of 56 13.Comply with all other applicable State and Federal regulations. EXECUTION This Agreement is executed for the State by its Highways Construction & Operations Division Administrator, and executed for the SPONSOR MAYOR, attested to by the CITY CLERK, with the imprinted Corporate Seal of the City of AMMON. IDAHO TRANSPORTATION DEPARTMENT _________________________________ Division Administrator Highways Construction & Operations ATTEST: CITY OF AMMON ________________________________ City Clerk Mayor (SEAL) By regular/special meeting on ______________________. rr: 23304 SLA PD State/Local Agreement (PD) 17th Street and Curlew Intersection Improvements Key No. 23304 Page 8 Ammon City Council 12.01.2022Page 47 of 56 1 Ammon City Council 12.01.2022Page 48 of 56 2 Ammon City Council 12.01.2022Page 49 of 56 3 Ammon City Council 12.01.2022Page 50 of 56 4 Ammon City Council 12.01.2022Page 51 of 56 Ammon City Council 12.01.2022Page 52 of 56 Ammon City Council 12.01.2022Page 53 of 56 Ammon City Council 12.01.2022Page 54 of 56 Ammon City Council 12.01.2022Page 55 of 56 Ammon City Council 12.01.2022Page 56 of 56