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:
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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.
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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.
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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
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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.