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HomeMy WebLinkAbout1005 ResolutionRESOLUTION NO. 1005 A RESOLUTION OF THE CITY OF PASCO, AUTHORIZ- ING AND DIRECTING THE MAYOR TO SIGN THE MUNICIPAL AGREEMENT BETWEEN THE CITY OF PASCO AND STATE OF WASHINGTON (FOR FEDERAL HIGHWAY ADMINISTRATION PROGRAMMING FOR FUNDS) . WHEREAS, it is the desire of the City of Pasco to have F. A. M. Funds to improve and bring the C. B. D. signal system up to standards; and WHEREAS, it is now necessary that the City enter into an Agreement with the State (Municipal Agreement) to allow the project to be programmed for fund- ing with the Federal Highway Administration; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO DO RESOLVE AS FOLLOWS: Section 1. That the City Council of the City of Pasco do hereby approve the proposed Municipal Agreement. Section 2. That the Mayor is hereby authorized and directed to sign the Munici- pal Agreement -on behalf of the City of Pasco. Section 3. That a copy of the Municipal Agreement shall be attached hereto for reference. Section 4. This Resolution shall be in full force and effect upon its passage as required by law. day of PASSED by the City Council and APPROVED by the Mayor this 7 October 1975. Donald D . Lin ton , Mayor Attes Leo E. Olney, City Cler A roved as to f } Patrick T. Roach, City Attorney AGENCY PROJECT NUMBER Cwty of Pasco STATE 0f- WASHINGTON DEPARTMI NT OF HIGHWAYS t DATE CITY/COUNTY AGREEMENT AGREEMENT NUMBER October 3, 1975 The local agency having complied, or hereby agreeing to comply,. with the terms and conditions set forth in (1) Title 23, U.S. Code, Highways, (2) The regulations issued pursuant thereto, (3) The Policies and Procedures promul- gated.by the Department of Highways and, (4) The Federal -aid Project Agreement entered into between the State and Federal Government, relative to the above project, the Department of Highways will authorize the local agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the Project may not exceed the amount shown herein, without written authority by the State, subject to the approval of the Federal Highway Administrator. The balance of the estimated total cost shall be the obligation of the local agency. PROJECT DESCRIPTION Name Central Business District Signals __— _ _--. Length 0.47 Termini Third to Fifth on Lewis, Lewis to Yakima on Fourth Description of Work The project provides for total replacement of existing deficient traffic signals at five (5) intersections within the Central Business District together with addition of a mid block signilization pedestrian crosswalk and undergrounding of the street lighting system along Lewis Street (3rd to 5th) and 4th Street (Lewis to Sylvester). FUNDING TYPE OF WORK Project Agency Federal State Work --- -- -- II Order -- -- -- 1. P.E. (Agency) a. Direct Salary Cost............................................................... -----Total ----I .....2./-500----------- — -- -- I 2 x 500--- ----- — 0 - - ............ . _ b. Payroll Additives ................................................................................__________ ( 450 f________________�.'-'--____.______. _ 450 0 _ c. Admin. Overhead................................................................................ .......-.37-5----- ----- ---...... 37------- --------0------•----:-.-:----:---.-:-::-: ............. d. Contractural Services (Consultant)..................................................... 15..000 1.5,-000 ----------- ------- e. Non -Salary Costs ................................................................................ e. ---...--25�---------- -------- ------------ 250 -------------•-"•-•----•---_. ............. ....... ...... P. E. (D.O. H.) a. Plan Review & Misr_. Ass'I_................................................. . -70� - 1 3--._.....-5- 57 -- ...... ....... . ::.......... b. PS&E Process., Bid Ad & Contract Award .................. -_2191212. ---------- 409__.._.1_,-591------- :: c. Audit.................................................................................................. ....'---'-------------'---- --------'-"---'-- --- --'------" -- ............. -•--"-•----•--�-' d. Other.................................................................................................. I 100 Tr_----- •---�------ 20 80 -----f�-----I. ..... ------------ -.--..... . - - • - :....... .. Total Estimated Preliminary Encineerinr Cost �21_e_ 75___--,1___19,,1471�2'—; _' 2. Right -of -Way (Agency) a. Agency Work ...................................................... .................... ...... I-------------------- ---------------------•--•--•--,_.__... b. Dept. of Highway Assistance.............................................................. ..-----''---.... -------- ------------- ---- ............ ----- - - C. Audit.................................................................................................. - --^-- - - _ .-�..._�..� -_ � ----:::::.:::. _w.� .::.:--- .::: _::.:: Total Estimated Right -of -Way Cost........................................................--__—_.�_�. - ' 1-8_9-r..-969 ._--- -----I - , ------ - ............. 3. Construction Contract.................................................................................. ---- 381830-- - _. ..151139 15 ga Engineering (Agency Force ..................................................... ..... 2811.495 1 -----5,824 22_,671 $ (state Force ............................... 2, 924 ----- ------------------- 598 -------------- 2,326 - - - - 00—.- 164 636 ............. Audit ................... .......... ................................... ..E Total Estimated Construction Cost ------ : 4. Total Estimated Cost of the Project .R37_6J772:_:_._ 56:3:::::::' :::64:,:563. ;I ;1:%9:,:000" ........... . .:............................................................1::243, METHOD A METHOD B CONSTRUCTION METHOD OF FINANCING Partial Payment - 15% of Total Construction Project Cost (3) Withholding - Approximately _ Monthly Payments of S —_ Agency Share of Total Construction Project Cost (3) .................................................... $ METHOD C — Agency Payment with Partial Reimbursement (3) ....................................................... $ $ 33,327 The local agency further stipulate that pursuant to said Title 23, regulations, and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth on the reverse hereof. Adopted by official action on ,19 __._, Resolution/Ordinance No. . AGENCY OFFICIAL STATE OF WASHINGTON DEPARTMENT OF HIGHWAYS CHAIRMAN, County Commissioners/Mayor Assistant Director for Planning, Research & State Aid Date Executed HW FORM 140- 039 Ilfll REVISED 7/75 7 I SCOPE OF WORK The Agency will provide all the work, labor, materials and services necessary to perform the project which is described and set forth in detail in the "Project Description" and "Type of Work." The State, as agent acting for and on behalf of the Agency, shall perform these services described and indicated in "Type of Work" above, for the described project, all in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. 11 DELEGATION OF AUTHORITY The State is acting to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees that the State shall have the full authority to carry out this administration. The State shall review, process and approve documents required for Federal -aid reimbursement in accordance with Federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project, as requested by the Agency. If the local agency advertises and awards the project the State shall review the work to insure conformity with the approved plans and specifications. III PROJECT ADMINISTRATION Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the "Type of Work" above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On local agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications and Federal -aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV AVAILABILITY OF RECORDS All project records in support of all costs incurred and actual expenditures kept by the Agency, are to be maintained in accordance with procedures prescribed by the Division of Municipal Corporations of the State Auditor's Office, the U. S. Department of Transportation and Washington State Department of Highways. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any Federal -aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. V COMPLIANCE WITI-I PROVISIONS The Agency shall not incur any Federal -aid participation costs on any classification of work on this project until authorization in writing by the State for each classification. The classification of work for projects are: 1. Preliminary Engineering up to and including design approval 2. Preparation of PS & E 3. Right -of -Way Acquisition 4. Project construction In the event that Right -of -Way acquisition for, or actual construction of the road for which Preliminary Engineering is undertaken is not started by the closing of the fifth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of Federal funds paid to the Agency under the terms of this agreement. The Agency agrees that all stages of construction necessary to pro- vide the initially planned complete facility, within the limits of this project, will conform to at least the minimum values set by approved AASHO design standards applicable to this class of highways, even though such additional work is financed without Federal -aid participation. The Agency agrees that on Federal -aid highway construction projects the current Federal -aid regulations which apply to liquidated damages relative to the basis of Federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. Vl PAYMENT AND PARTIAL REIMBURSEMENT The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accord with the Federal Highway Act of 1968, Title 23, United States Code. 1. Preliminary Engineering, Right -of -Way Acquisition and Audit Costs The Agency will pay for Agency incurred costs on the project. Following such payments, vouchers shall be submitter) to the State in the format prescribed by the State, in triplicate, not more than one per month. The State will submit a billing to the Federal Government for the Federal share of the invoice at the current pro rata. Upon receiving payment from the Federal Government, the State will transmit a like amount to the Agency. The State will pay for State incurred costs on the project. Followinq payment the State shall bill the Agency for the Agency's share HWFORM 140- 039 b REVISED 7/75 of the cost and shall submit billing to the Federal Government for the Federal share at the current pro rata , if elected for participation and indicated under "FUNDING" on the first page of this agreement. 2. Project Construction Costs Project construction financing will be accomplished by One of the three methods as indicated on the first page of the agreement: METHOD "A": The Agency will place with the State, within twenty (20) days after the award of the construction contract, an advance. in the amount of 151j� of the estimated total cost of the project. The State will notify the Agency of the exact amount to be deposited with the State at the time of contract award. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal ederal-aid participation share of the cost Government for the F and shall bill the Agency for the Agency's share of the cost. When the project is substantially completed and costs of the project including an estimate of costs not yet paid can be determined the State will present the Agency with a semi-final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. A final billing will be submitted by the State to the Agency when final costs are known and settlement will be made at that time. METHOD "B": The Agency's share of the estimated total cost of the project shall bewithheld from its monthly fuel tax allotments to the extent of the amount of the contract plus up to 15% for engineering. The extent of withholding will be confirmed by letter from the State at the time of contract award. This letter shall establish the months in which the withholding shall take place and the exact amount to be withheld each month. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. METHOD "C": The Agency will initially pay for all costs incurred on the project with the Agency's own funds. Following such payments, vouchers shall be submitted to the State in the format prescribed by the State, in triplicate, not more than one per month. The State will submit a billing to the Federal Government for the Federal share of the invoice at the current pro rata. Upon receiving payment from the Federal Government, the State will transmit a like amount to the Agency. The Agency agrees that if payment ur any of the State's billings relative to the project is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from monthly fuel tax allotments which the Agency is normally entitled to receive from the Motor Vehicle Fund. VII AUDIT OF FEDERAL AID PROJECT The Agency, if services of a Consultant are required, shall be responsible for audit of the Consultant's records to determine eligible Federal -aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. The State shall audit the Agency's records for eligible Federal -aid costs on.the project. If upon audit it is found that an overpayment, or participation of Federal money in ineligible items of cost, has occurred, the Agency shall reimburse the State upon demand for the amount of such overpayment or excess participation. Vlll TRAFFIC CONTROL, SIGNING, MARKING, & ROADWAY MAINTENANCE The Agency will not permit any changes to be made in the provi- sions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. IX INDEMNITY The Agency shall hold the Federal Government and the State harm- less from and shall process and defend at its own expense, all claims, demands, suits at law or equity brought against the Agency, State or Federal Government and from any liability or loss, arising from the execution or performance of the provisions of this agreement, or of any other agreement or contract connected with this agreement on the part of the Agency, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government, the State agents or employees. No liability shall attach to the State or Federal Government except as expressly provided herein. X NON I)ISCItIMINA'IION PROVISION The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds Obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance or guarantee or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance or guarantee, the following equal oppor- tunity clause: "DURING THE PERFORMANCE OF THIS CONTRACT, THE CON- TRACTOR AGREES AS FOLLOWS:" (a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that appint icants are employed and that employees are treated during employ hout regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation and selection for training, including apprenticeship. The contractor agrees to post in con- spicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Agency advising the said labor union or workers' representative of the contractor's commitments under this section 11-2 and shall Post copies forf the nctice employment. conspicuous places available to employees and applicants (d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations and relevant orders of the Secretary of Labor. (e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965 and by the rules and regulations and orders of the Secretary of Labor, or pursuant thereto and will permit access to his books, records and accounts by the Federal Highway Administration and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (f) In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, tedeclated minated or suspended ble fornfwhole or in part and the contractor may be Government contracts or Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965 and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965 or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. HWY FORM 140- 039 c REVISED 7/75 (q) The contractor will include the provisions of this Section 11-72 in every subcontract or purchase order unless exempted by rules, regula- tions or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965 so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order der asthe Agency, State Highway Department or the Federal Highway Administra- tion may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with litigation with a subcontractor may request the United States to enter into such litigation to protect the interests of the United States. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, theabove equal opportunity clause is not applicable to any agency, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal oppor- tunity clause and the rules, regulations and relevant orders of the Secretary of Labor. require for (2) To furnish the State such information as they may re q the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modi- fication subject to Executive Order 11246 of September 24, 1965 with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and sub- contractors by the State, Federal Highway Administration or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate or suspend this agreement in whole or in part: (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received front the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings.