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HomeMy WebLinkAbout1242 Resolutioni RESOLUTION NO. 1242 BE IT RESOLVED BY TIDE CITY COUNCIL OF THE CITY OF PASCO: The City Council of the City of Pasco does hereby approve the Certification Acceptance Agreement between the Washington State Department of Transportation and the City of Pasco, a copy of which is attached hereto and by this -reference incorporated herein; and authorizes the Mayor of the City of Pasco to execute said agreement; and Be it further resolved that the City Council of the City of Pasco does hereby approve the Agreement, Local Agency Ad and Award Procedures between the Washington State Department of Transportation and the City of Pasco, a copy of which is attached hereto and by this reference incorporated herein, and authorizes the Mayor and City Clerk of the City of Pasco to execute said agreement. PASSED by the City Council of the City of Pasco this 16 day. of Anri 1 1979 . ATT Evelyn Wells, City Clerk APPROVED AS TO FORM: (j,AAA.'C c Dennis J. De F lice, City Attorney Chet Bailie, Mayor OVERVIEW OF CERTIFICATION ACCEPTANCE AND THE LOCAL AGENCY GUIDELINES What does Certification Acceptance mean to a Local Agency? . . . It means that Federal transportation officials now recognize that there can be more than one way to accomplish the policy and objectives contained in Title 23. It reflects a gradual trend toward. the withdrawal of the Federal presence in recognition of a greater maturity on the part of states and Local Agencies, and a correspondingly increased ability to administer, design, acquire right of way, and carry out transportation construction projects. . . . It allows states to use their own procedures which accomplish the objectives of Federal regulations. In the case of Local Agencies, the Guidelines are the procedures. . . . In short, the CA project development procedures in the Guidelines reduce the need for "step-by-step'' Federal monitoring and slash yards of red tape from the paperwork process. Through the medium of CA, the Local Agency can assume maximum responsibility for the investment of Federal transportation funds. The Local Agency can initiate consideration for operation under the CA procedures by petitioning the Washington State Department of Transporta- tion (WSDOT) for CA status. The WSDOT will meet with the Local Agency to discuss their CA responsibilities, capabilities, past record of administering Federal -aid transportation im-. provement projects, and then make the decision on whether or not to approve CA status.. What is the purpose of the Local Agency Guidelines? The Guidelines are the primary reference source for Local Agencies developing and constructing . Federal -aid projects under both Certification Acceptance Procedures (CA) and non -CA procedures. Formerly, Local Agency planners and engineers needed to refer to at least four separate manuals, dependent upon the classification of a project. The Local Agency Guidelines literally "put it all together'' as clearly and concisely as possible. But, beyond that, the Guidelines represent a major effort to cut the formidable web of red tape faced by local transportation planners and engineers seeking federal funds. The Certification Acceptance (CA) procedures in the Guidelines represent a clear dist effort by Federal authorities to reduce Federal involvement in local projects by recognizing the professional capabilities of State and Local Agencies, and making provisions for placing. authority and responsibility for transportation planning and construction where it logically belongs, Prepared by Keith Eggen State Aid Engineer State Aid Organization Washington State Department of Transportation CERTIFICATION ACCEPTANCE A STEP TOWARD REDUCING RED TAPE .-.k A prime objective of the Federal Highway Administration, and the State Aid Division, is to reduce red tape to its lowest common denominator.. A step in this direction is "Certification Acceptance"—a program that can be of considerable benefit to interested and qualified local agencies. Certification Acceptance is a program through which the FHWA relinquishes project develop- ment responsibility to the State. In turn, the State will subdelegate this responsibility to qualified local agencies. As you will see, this effectively eliminates quite a few yards of "red tape." BACKGROUND When the Federal -Aid Highway Act of 1976 eliminated the necessity for States desiring eligibility for CA to establish "requirements at least equivalent to those contained xrissued Gist existingant to, regulations,ulatioln,ls 23," it paved the way for the Saes to usee standards and directives—providing they "accomplish the policies and objectives contained in Title 23:" Consequently, Certification Acceptance became a viable option i for Washing oton State Department of Transportation (WSDOT) Ple PROJECT QUALIFICATIONS To qualify for the program, a project will have to be noninterstate. The provisions of this program do not affect in any way the regulations and responsibilities pertinent to the National Environmental policy Act, Section 4(f), Civil Rights Act of 1964, Uniform Relocation Assistance, or Land Acquisition policies Act.of 1970. CERTIFICATION ACCEPTANCE CONCEPT Leglslative history indicates that the purpose of Certification Acceptance sections of Title 23 was to eliminate thin he dministra ive nd by the proceduresH A,of fwell as tolggelthe States greaterlatitudeatitude in the use of the FHWA. Federal -Aid money, while reducing FHWA control and power over methods and specifications. The FHWA CA concept recognizes that there can be more than one right way to accomplish Federal -Aid program objectives. it allows the States to use their own procedures without being governed by Federally developed, interpreted, and enforced regulations and directives. In other words, approval of a CA application formally recognizes State competence and ability to design highways, acquire right -of- . --;L 0f 9 way, administer contracts, deal with consultants, carry out construction, and, perform audits—all without step-by-step monitoring by Federal representatives. However, regulations require that the FHWA periodically participate with State officials in program evaluations to assure that Title 23 objectives are being achieved. A final inspection of each completed project will be made by the FHWA and WSDOT to verify that the project has in fact been accomplished. AGENCY PREQUALIFICAT'I®N Once the State has acquired certification, agencies will be extended an invitation to participate in the program through a Pre.qualifica- tion Agreement with the Washington State Department of Transportation. This agreement will cover the following points and provide the information described: 1. Local agencies will agree to comply with the Federal Aid Manual, all policies and procedures promulgated by the WSDOT to accomplish the objectives of Title 23, the con- struction requirements of the current Standard Specifications for Municipal Public Works Construction or .State DOT Standard Specifications for Road and Bridge Construction, and Materials Testing Frequency requirements of the depart- ment's Construction Manual or the American Public Works Association Construction Manual. 2. Local Agencies will identify, by working title, the review and approval authorities for:. design; hearings findings; contract plans; utility, railroad, consultant and technical services agreements; award of contracts; and contract administration. 3. They will also supply WSDOT, by separate letterhead, a list of names of individuals in these positions and keep WSDOT advised of changes in such responsibilities. The WSDOT will provide any assistance and all information required through individual and group sessions to be held throughout the state. 3 0 y Project Processing Currently, the WSDOT is developing a manual which will lundee detailed guidance to local agencies on processing projects manual to SRP/CA procedures. Our ultimate goal ro trams in onand e document. include guidance for all Federal-Aid p g a CA committee Each division of this manual is being reviewed by composed of representatives from City and County the governments, the m this committee HWA, and the wSwiIDIOe uWen Productionthat of a input received fro program acceptable to all the agencies in The following summarizes project development procedures that are pertinent to Certification Acceptance projects: Approval Agency 1. input to Annual Element FHWA 2, Preliminary Engineering Funding FHWA Authorization FHWA 3. Environmental Considerations FHWA 4. Right-of-Way Considerations Approval LOCAL. AGENCY 5. Design App FHWA 6. Right-of-Way Certification 7. Pians, Specifications, and Cost LOCAL AGENCY Estimates FHWA 8. Authorization of Construction Funds LOCAL AGENCY g, Approval to Advertise and Award LOCAL AGENCY 1o. Contract Administration FHWA 11. Final Inspection ear that While itemizing the steps involved may make it app reduction in red tape is insignificant, please note that the responsibilities that can be subdelegated are major elements. Any provide qualified staff for certain functions may agency that cannot p be certified only for those functions for which capability exists. implement the reduction of red tape, the State Aid To further imp provide a more direct Division is streamlining procedures to relationship between local agencies, the District State-Aid Engineer, and the Division. M State of Washington Department of Transportation State Aid Engineer Keith Eggen Vrp WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CERTIFICATION ACCEPTANCE QUALIFICATION AGREEMENT AGENCY CITY OF PASCO AGENCY NO. The noted agency hereby agrees to comply with the following requirements when developing all projects on Federal -aid highway systems except the Interstate. System: 1. The Local Agency Guidelines and all policies and procedures promulgated by. the Washington State Department of Transportation which accomplish the policies and objectives set forth in Title 23, U. S. Code, Highways and the regulations issued pursuant thereto. 2. The overall approval authorities and conditions will be as follows: a. The designs will be reviewed and approved by the following State of Washington registered professional civil engineer • Director - Community Development Department/City Engineer Position Title Only b. The hearing's findings (if required) will be reviewed and approved by the following official or officials Pasco City Council Position Title or Titles Only c. The contract plans, specifications and estimate of cost will be reviewed and approved by the following State of Washington registered professional engineer Director — Community Development Dept,. /City Eng. Position Title or Titles Only d. Agreements will be signed by the following responsible local official:. (1) Railroad (2) Utility Mayor (3) Consultant Position Title Only Position Title Only Position Title Only (4) Technical Services Mayor Position Title Only e. The award of contract will be signed by the following responsible local official Mayor Position Title Only All State advertisement and award of contracts will be signed by the appropriate WSDOT official. f. All projects will be constructed in conformance with the current Standard Specifications for Municipal Public Works Construction or State of Washington Standard Specifications for Road and Bridge Construction and such specifications. that modify these specifications as appropriate. g. The contract administration will be supervised by the following State of Washington registered professional civil engineer Director — Community Development Department/City Engineer Position Title Only J h. Materials sampJng testing frequency will be accomplished and documents in conformance with the Local Agency Guidelines. Materials testing facilities will be approved by the WSDOT. 3. The noted agency agrees that they have the means to provide adequate expertise and will have support staff available to perform the functions being subdelegated. The support staff may include consultant or State services. 4. The noted agency agrees to submit the names of the approving authorities noted in Section 2 above with each project prospectus. 5. All projects under Certification Acceptance shall be available for review by the FHWA and the State at any time and all project documents shall be retained and available for inspection during the plan development and construction stages and for a 3 -year period after the submission of the final voucher for the project. 6. The State Aid Engineer's approval of this Local Agency Certification maybe rescinded at any time upon request by the Local Agency or if, in the State Aid Engineer's opinion, it is necessary to do so. The rescission may be applied to all or part of the programs or projects approved in the Local Agency Certification. /2 �F Mayor or Chairman Date WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Approved By: State Aid Engineer Date AGREEMENT LOCAL AGENCY AD & AWARD PROCEDURES THIS AGREEMENT is executed this day of , 19 by and between the STATE OF WASHINGTON, acting through the Washington State Transportation'Commission and the Secretary of Transporta- tion, hereinafter called the "STATE" and the CITYrrn�OF PASCO WASHINGTON, a municipal corporation, hereinafter called the "CITY/COUNTY 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 of arterials in the United States; and WHEREAS, the parties hereto desire to accomplish Federal -aid projects, with the aid of Federal -aid funds provided. undei Federal Highway Acts, Title 23, U. S. Code, Highways, 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, dle CITY/COUNTY and STATE have certain responsibilities as conditions both precedent and sub- sequcnt 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/COUNTY to let a contract; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below the parties hereto agree as follows: I CERTIFICATION The STATE certifies that it is more advantageous for the CITY/COUNTY to let the contract on those projects where the CITY/COUNTY has jurisdiction over the street. The. CITY/COUNTY certifies that it is more advantageous to let the contract on those projects where the CITY/ COUNTY is paying part of the cost of the work or has other special interest therein. The CITY/COUNTY certifies that it is adequately staffed and suitably equipped to undertake and satisfactorily complete the work. The CITY/COUNTY agrees to let contracts in accordance with procedures set forth in Exhibit "A" which is at. tached hereto and by this reference incorporated herein. MI COMPLIANCE WITH PROVISIONS The CITY/COUNTY agrees to comply with any and all requirements set forth in Title 23, U. S. Code, Highways,. and the regulations issued pursuant thereto, and the city/county 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. INDEMNITY The CITY/COUNTY shall hold the FEDERAL GOVERNMENT and the STATE harmless from and shall process and defend at its own expense, all claims, demands, suits at law or equity brought against the CITY/COUNTY, 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 CITY/COUNTY, or arising by reason of the participation of the STATE or FEDERAL GOVERNMENT in the project. No liability shall attach to the STATE or FEDERAL GOVERNMENT except as expressly provided herein IN WITNESS WHEREOF the parties hereto have set their hands and seals on the day and year first above written. ATTE / CITY/COUNTY CLERK CITY/COUNTY OF BY: BY: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION State Aid Engineer. EXHIBIT "A" STANDARD PROCEDURES BID ADVERTISING AND PROCESSING FOR FEDERALGAID PROJECTS 1. 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 in- terested departments of the City/County and other outside agencies are in agreement with the plans and specifica- tions, and project is scheduled for bid by the (Director of Public Works, or City/County Engineer) through the City/County Clerk, the project is advertised in the Tri City Herald for whatever number of days are designated by the City/County clerk. In the event changes or special action are necessary during this advertisement period, an addenda n to the contract is forwarded to all plan holders either by mail or by personal delivery. Sealed bids are returned to the - 111. Preparation of Proposal - Each bid shall be made on the forms furnished by the City/County 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 in 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 pro- posal. A unit or lump sum price, as required in the proposal, shall be submitted on each item of work included 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 discrepancy between the words and the figures, the words shall govern. Any orris sign of prices on items shown in the proposal form or any addition in writing to the form of bid, or any condition, lunitation 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 City Clerk 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 Public Works, City/County Engineer's office. The City/County Engineer or Director of Public Works 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 con- firmed. Any corrections to the bid tabulations are made, if necessary., in accordance with the Standard Specifica- tions and the low bidder is confinned. V1. Award of Contract - Upon final verification of the low bidder, the Director of Public Works or the City/County Engineer forwards a written recommendation for award to the lowest and best bidder or rejection of all bids, if necessary, to the (agency official). VII. Execution of Contract - The City Council/County Commissioners authorize the award or reject all bids. When tile. project is awarded by the City Council/County Commissioners, the Engineering Department so notifies the.success- ful bidder in writing that he has been awarded the contract. The Engineering Department prepares the necessary documents and forwards them to the City/County Clerk's Office for execution by the successful bidder and the proper officials of the City/County. 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/County may at its option, after giving days written notice to the contractor, provide such sufficiency of labor or materials and deduct the cost thereof from any monies due or thereafter to become due under the contract. In the event of such refusal, neglect, or failure, the City/County may, by written notice to the contractor and his surety or his representatives, or, if the contractor abandons the work undertaken under the contract, the City/ County 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 ol' 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 therefore, without termination of the continuing full force and effect of the contract. 2 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/ County so elects, it may terminate the employment of the contractor for said work and.pter 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 otherwise, any persons to finish the work and provide the materials therefore. In the case of the discontinuance of employment by the City/County as aforesaid, the contractor shall not be en- titled 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/County in finishing the work and all damages sustained.or which may be sustained by, the City/County by reason of such refusal, neglect, failure, or discontinuance of employment, such excess shall be paid . by the City/County 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 therefore to the City/County and shall pay the difference to the City/County. X. Administering Contract -. Administration of the contract is the responsibility of the City/County Engineer. The City/County Engineer will provide sufficient personnel to insure project control and inspection in accordance with plans and specifications, and that the City/County has procedures to provide adequate assurance that the quantities of completed work are determined .accurately and on a uniform basis for all projects. The State and FHWA shall provide additional inspection personnel as required by agreement. The City/County Engineer will maintain records of project inspection, 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/County Engineer's Office for review by auditors, engineers and in- specting 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 preparations, field work, funding arrange - merits, preparation of bid documents and data, submittal of necessary data for approval, opening of bids, certilica- 3 tion 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 registered professional engineer in the State of Washington or an agency staff supervisor with a registered professional engineer on retainer, and all survey work is performed under the supervision of a registered civil engineer or registered land surveyor in the State of. Washington. XII. Standard Specifications - All work on street projects shall be performed according to the City/County 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 as amended, current edition, (or), B. Standard specifications for Road and Bridge Construction, State of Washington; current edition, (and), C. Any special provisions that may be prepared for any given project. X111. 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 approving authority prior to being advertised at least once each week for a minimum of three weeks prior to opening of bids as follows: .1. Projects will be advertised in the following publications: a. Local newspaper (official legal publications for the agency) . b. Other newspapers to give widest possible state or areawide coverage commensurate with the size of the project. If item (a) achieves the proper`coverage, no further publication is required 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 Minority Contractor Associations. B. For all Federal -aid projects, bidding opportunities, on a nondiscriminatory basis, sliall be afforded to all quali- fied bidders regardless of race, sex, color, or national origin. No public agency shall be permitted to bid in coni - petition car to enter into sub -contracts with private contractors. The City/County does not pre -qualify bidders. However, if the apparent low bidder has not already been deter- mined qualified, the City/County shall afford 10 days after notification for the low bidder to provide evidence 4 for evaluation as to capability to perform the work. The evaluation may include consideration of experience, personnel, equipment, financial resources as well as performance record and the information should be suf- ficient to enable the bidder to obtain the required qualification rating prior to the award of the contract. Qualification must, as a minimum, consist of bonding capability to the amount of the.contract and meeting licensing requirements of State law. Tire City/County may include additional requirements.. 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 nonqualifica-. tions of the low bidder shall be forwarded to the approving authority for approval. The City/County will comply with the Standard DOT Title VI Assurances by the inclusion of the following language in the solicitations for bids: "The City/eoaMy-of Pasco hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this 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 addenda be necessary during the advertising period to correct or add something to the bid or plan data, such addenda will be submitted to the approving authority prior to transmittal to the individual contrac- tors 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 publicly opened and announced. D: If any bid received is not read, the name of the bidder and the reason for not reading the bid shall be publicly announced at the bid opening. E. Tabulation of bids, certified by the City/County Engineer, shall be submitted to the approving authority and shall show item details for the .three lowest bids and the total amount of all other acceptable bids. F. The City/County will receive written concurrence from the approving authority in the award of all Federal - aid contracts. The contract shall be awarded within 30* days following bid opening to the lowest *unless a specific set of contract documents indicates something different but in no case more than 90 days. 5 responsible bidder following concurrence. If the City/County determines that the lowest bidder is not qualified; the next low bidder may be submitted to the approving authority for concurrence accompanied by adequate justification. A proposal to reject all bids received must be submitted with justification to the State for concur- rence G. In the event that the City/County chooses to make use of a tied bid to combine a Federal -aid project and a City/County financed project in one contract, the City/County 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 combIina tion of projects. In such cases, like quantities will be combined in the proposal to .avoid the possibility of unbalancing the bids in favor of either of the projects in the combination. 6