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HomeMy WebLinkAbout1163 ResolutionRESOLUTION NO. 1163 WHEREAS, it has been determined by the director of Community Development that it would be in the best interest of the City of Pasco to advertise locally and award contracts involving federal highway monies which are administered by the State of Washington Department of Transportation; and WHEREAS, in order to do so an agreement must be entered into with the State of Washington Department of Transportation to allow local advertising an award of bids involving federal highway monies; and WHEREAS, it is in the best interest of the City of Pasco to enter into an agreement with the State of Washington Department of Transportation for the purposes hereinabove stated; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO: That the proper officials of the City of Pasco be and the same are hereby authorized to make and execute an agreement with the State of Washington for the purpose of allowing the City.of Pasco to locally advertise and award contracts involving federal highway monies, said agreement to be substantially in the form as the agreement attached hereto and by this reference incorporated herein. Dated this 17 day of April , 1978. Chet Bailie, Mayor ATa ve yn We s, City Clerk n 0 April 4, 1978 MEMORANDUM TO: MIKE COOPER, Acting City Manager FROM: JIM AJAX, Director , •5' Department of Community Development SUBJECT: Local Advertisement & Contract Award Procedures Proposed Agreement between the City of Pasco and the State of Washington Attached hereto is a proposed agreement between the City and State. This agreement is necessary and in my estimation desirable in that it is a requisite to allowing the City to locally advertise and award contracts involving Federal Highway monies which are administered by the Washington State Department of Transportation. Without such an agreement it is required that the State of Washington Department of Transportation prepare the final bid documents, call for bids and award the contract. The specific wording in this proposed agreement is resultant from the attached December 5, 1977 letter from the State.. attachment THIS AGREEMENT is executed this day of , 1978, by and between the STATE OF WASHINGTON, acting through the Washington State Department of Transportation, hereinafter called the "State" and the CITY OF PASCO, a municipal corporation, hereinafter called the "City"; W I T N E S S E T H: WHEREAS, the Federal Government, through its Department of Transportation, pursuant to Title 23, U.S. Code Highways, has established programs of Federal -aid to the States, the general purpose of which is to increase the capacity and/or safety or arterials in the United States; and WHEREAS, the parties hereto desire to accomplish Federal -aid projects, with the aid of Federal -aid funds provided under Federal - aid programs and all amendments thereto and the rules and regulations promulgated by said U.S. Department of Transportation; and WHEREAS, the State is responsible for the expenditure of Federal - aid funds and, therefore, becomes a. willing signatory to this agreement; and WHEREAS, the City and State have certain responsibilities as conditions both precedent and subsequent to the receipt of Federal - aid through.Federal-aid programs for such projects, all of which are set forth in such Title 23, U.S. Code., Highways; and WHEREAS, Volume 6, Chapter 4, Section 1, Subsection 6, Federal - aid Highway Program Manual allows the State to.arrange for the City to let Federal -aid construction contracts upon certain conditions; and, WHEREAS, the certification of these conditions by the State is a prerequisite to the execution of individual project agreements for Federal-aid.projects advertised and awarded by the City; NOW, THEREFORE, In consideration of the promises, covenants, conditions and performance set forth below the parties hereto agree as follows: -2 - The State, agrees.to certify to FHWA and hereby does certify that it is more advantageous for the City to let the contract on those Federal -aid projects where the City has jurisdiction over the street and that the City.is adequately staffed and suitably equipped to undertake.and satisfactorily complete such Federal -aid projects. II. The City acknowledges that to be eligible for Federal -aid funds it must either pay all required matching funds under the applicable Federal -aid program, or have a special interest in the proposed project. III. The parties hereto agree that individual Federal -aid projects in which the City wishes to participate will be covered by individual City municipal agreements and executed between the City and the State. IV. The City agrees to comply with any and all requirements set forth in Title 23, U.S. Code, highways, and the regulations issued pursuant thereto, City municipal agreement executed with the State, including all laws rules and regulations, policies and procedures incorporated by reference to and made a part of said agreement. The City agrees to let all construction contracts in accordance with. procedures set forth in Exhibit "A" which is attached hereto and by this reference incorporated herein. V. The City shall indemnify and hold the.Federal Government and the State harmless from, and .shall process and defend at its own expense all claims, demands or suits at law or equity, of any nature whatsoever brought against the City, State or Federal Government arising from the City execution, performance or failure.to perform the provisions of this agreement, or of any other agreement or contract connected with or arising out of this agreement, or arising by reason of the participation of the State or Federal Government in the project. -3 - IN WITNESS WHEREOF.the parties hereto have. set their hands and seals on the day and year first above written. CITY OF /PPASCCO By: Chet Baille,.Mayor ATTEST: James F. Somborovich, Ex Officio City Clerk APPROVED AS TO FORM: STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION EXHIBIT "A" STANDARD PROCEDURES BID ADVERTISING AND PROCESSING FOR FEDERAL -AID PROJECTS I. FUNDING - Funding of the project is established, budgeted and provided in the accounts necessary to assure payment of project work. II. BIDDING PROCEDURES - After plans, specifications and right- of-way, if necessary, have been finalized and -all interested departments of the City and other outside agencies are in agreement with the plans and specifications, the project is scheduled for bid by the City Clerk. The project is advertised in the Tri -City Herald for whatever number of days are designated by the City Clerk. In the event changes or special action is necessary during this advertisement period, an addendum to the contract is forwarded to all plan holders either by mail or by personal delivery. Sealed bids are returned to the City Clerk. III. PREPARATION OF PROPOSAL - Each bid shall be made on the forms furnished by the City and shall be signed by the bidder with the signature in full. If .the proposal is made by a partnership, it.shall contain the name of each partner and shall be signed by the firm name, followed by the signature of the person authorized to sign. If the proposal is made by a corporation, it shall be signed in the name of the corporation by the officer or officers having authority to sign contracts. The address and telephone number of the bidder shall be typed or printed on the proposal. A unit or lump sum price, as required in the proposal, shall be submitted on each item of work including in the group or division for which bids are requested. Each unit or lump sum price shall be typed or written in both words and figures. In case of a discrepenacy as between the words and the figures, the words shall govern. Any omission of prices on items shown in the proposal form or any addition in writing to the form of bid, or any condition, limitation or provision not officially invited in the proposal or special provisions may render the proposal as being incomplete or modified and may become cause for rejection of the bid. IV. BID OPENING - No bids are accepted after the date and time designated in the contract. The bids are then opened by the Director of Community Development Department or his designated representative. All bids are read aloud. V. VERIFICATION OF BIDS - After the bid opening, the City Clerk forwards all bids to the Director of Community Development Department. The Director of Community Development Department checks to verify that all required bid documents have been properly submitted and executed by all bidders. All bids are then reviewed for accuracy, unbalancing of bid items, etc., and tabulations checked and confirmed. Any corrections to the bid tabulations are made, if necessary, in accordance with the Standard Specifications and the low bidder is confirmed. SAM VI. AWARD OF CONTRACT - Upon final verification of the low bidder, the Director of Community Development Department forwards a written recommendation for award to the lowest and best bidder or rejection of all bids, if necessary, to the City. Clerk. VII. EXECUTION OF CONTRACT - The City authorizes the award or rejects all bids. When the project is awarded by the City Council the Director of Community Development Department so notifies the successful bidder in writing that he has been awarded the contract. The Community Development Department prepares the necessary documents and holds them for execution by the successful bidder and the proper officials of the City. VIII. COMMENCEMENT OF WORK - Work commences as required in the provisions of the contract. IX. FORFEITURE OF CONTRACT - Should the contractor at any time refuse or neglect to supply a sufficiency of properly skilled workmen or of material of the proper quality, or fail in any respect to prosecute the work with promptness and diligence, or fail in the performance of any of the agreements herein contained, the City may at its option, after giving 10 days written notice to the contractor, provide such sufficiency of labor or materials and deduct the cost thereof from any moneys due or thereafter to become due under the contract. In the event of such refusal, neglect or failure, the City may, by written notice to the contractor.and his surety or his representative, or, if the contractor abandons the work undertaken under the contract, the City may, at its option, with such written notice to the surety and without any written notice to the contractor, transfer the employment of said work from the contractor to the surety. Upon receipt of such notice, the surety shall enter upon the premises and take possession of all materials, tools and appliances thereon for the purpose of completing the work included under this contract and employ by contract or otherwise, any person or persons to finish the work and provide the material therefor, without termination of the continuing full force and effect of the contract. In case of such transfer of employment to the surety, the surety shall be paid in its own name on estimates covering the work subsequently performed under the terms of the contract and according to the terms hereof, without any right of the contractor to make any claim for the same or any part thereof. In lieu of the foregoing,, if the City so elects, it may terminate the employment of the contractor for said work and enter upon the premises and take possession of all materials, tools and equipment thereon for the purpose of completing the work included under the contract and employ by contract or other - wish, any person or persons to finish the work and provide the materials therefor. -3 - In the case of the discontinuance of employment by the City as aforesaid, the contractor shall not be entitled to receive any further balance of the amount to be paid under this contract'until the work shall have been fully finished. At this time if the unpaid balance of the amount to be paid under this contract exceeds the expense incurred by the City in finishing the work and all damages sustained or which may be sustained by the City by reason of such refusal, neglect, failure or discontinuance of employment, such excess shall be paid by the City to the contractor. If such expense and damages shall exceed the unpaid balance, the contractor and his surety and each thereof shall be jointly and severally liable therefor to the City and shall pay the difference to the City. X. ADMINISTERING CONTRACT - Administration of the contract is the responsibility of the City Engineer. The City Engineer will provide sufficient personnel to insure project control and inspection in accordance with plans and specifications, and the department has .developed procedures to provide adequate assurance that the qualtities of completed work are determined accurately and on a uniform basis for all projects. The State and FHWA will perform such inspection of the project as necessary to fulfill their program responsibilities. The City Engineer will maintain records of project inspection, conduct, payment items and all necessary reporting data. Work project records, pay items,' project schedule, survey and inspection control, material records and related information are maintained on file at the City Engineer's Office for review by auditors, engineers and inspecting agencies from the State, Federal Government and other authorized personnel for a minimum of three (3).years following project completion. XI. SUPERVISION OF PROJECTS - In all phases of the plan preparation, specification preparation, field work, funding arrangements, preparation of bid documents and data, submittal of necessary data for approval, opening of bids, certification of bids, award of bid, supervision and inspection of the contract and bid progress payments, finalization and construction, final inspection and completion of the contract and retention of records on the overall project are under the supervision of an agency staff member who is a licensed professional engineer in the State of Washington and all survey work is performed under the supervision of.a licensed civil engineer in the State of Washington. XII. STANDARD SPECIFICATIONS - All work on street project shall be performed according to the city adopted standard specifications which consist of the following: A. Standard Specifications for Municipal Public Works Construction as prepared by the Washington State Chapter of the American Public Works Association, current editions, or B. Standard Specification for Road & Bridge Construction, State of Washington, current edition, and -4- C. Any special provisions that may be prepared for any .given project. XIII. Federal -aid Projects - Specific items that would be included relating directly to Federal -aid Projects are as follows: A. Federal -aid projects shall be previously approved in writing by the State and FHWA prior to being advertised a minimum of three weeks prior to opening of bids as .follows: 1. Projects will be advertised in the following publications: a. Local newspaper (offical legal publication for the agency, and b. Daily Journal of Commerce. 2. Copies of plans, specifications and contract documents will be furnished to Offices of the Associated General Contractors (at locations where advertising, above, receives widest distribution) and to geographically appropriate minority contractor associations. B. For all Federal -aid Projects, bidding opportunities, on a nondiscriminatory basis, shall be afforded to all qualified bidders regardless of race, sex, color, or national origin. No public agency shall be permitted to bid in competition or to enter into sub -contracts with private contractors. The City does not pre -qualify bidders. However, if the apparent low bidder has not already been determined qualified, the City shall afford 10 days after notification for the low bidder to provide evidence for evaluation will include consideration of experience, personnel, equipment, financial resources as well as performance record and the information should be sufficient to enable the bidder to obtain the required qualification rating prior to the award of the contract. No bidder shall be disqualified or prevented from competitive bidding by restricting the purchase of a surety bond or insurance policy from any surety or insurer outside the State and authorized to do business in .the State. Should an apparent low bidder not be qualified to do the work, the recommendation as to the nonqualifications of the low bidder shall be forwarded to the State and FHWA for approval. Q•� The City will comply with the Standard DOT Title VI Assurances by the inclusion of the following language in the solicitations for bids: "The City of Richland hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to the advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to -this invitation and will not be discriminated against on the grounds of race, color, sex or national origin in consideration for an award." C. Should addendum be necessary during the advertising period to correct or add something to the bid or plan data, such addenda will be submitted to the State for approval by FHWA prior to transmittal to the individual contractors holding the plans, specifications and bid document data. Each bidder shall present with his bid written notice of his receipt of each addendum received. All bids shall be publically opened and announced. D. If any bid received is not read, the names of the bidder and the reason for not reading the bid shall be publically announced at the bid opening. E. Tabulation of bids, certified by the City Engineer, shall be submitted to the State and shall show item details for the three lowest bids and the total amount of all other acceptable bids. F. The City will receive written concurrence from the State and FHWA in the award of all Federal -aid contracts. The contract shall be awarded within 10 days following bid opening to the lowest responsible bidder following State concurrence. If the City determines that the lowest bidder is not qualified, the next low bidder may be submitted to the State for concurrence accompanied by adequate justification. A proposal to reject all bids received must be submitted with justification to the State for concurrence. • G. In the event that the City chooses to make use of a tied bid to combine a Federal -aid Project and a City financed _project in one contract, the City will do so only where the conditions and size of the project are so similar that the unit costs on the Federal -aid project will not be increased by such combination of projects. In such cases, like quantities will be combined in the proposal of avoid the possibility of unbalancing the bids in favor of either of the projects in the combination.