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HomeMy WebLinkAbout1334 ResolutionATT Eve—I ell , City Clerk so • _ •1/4 RESOLUTION NO 1334 A RESOLUTION of the City of Pasco, authorizing 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 for permanent Pavement Marking) WHEREAS, it is the desire of the City of Pasco to have FASP Funds to improve and bring center and lane line markings 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 funding 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 municipal 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 PASSED by the City Council and APPROVED by the mayor this 3rd day of March , 1980. Chet Bailie, Mayor APPROVED AS TO FORM C, ik(fit,1,1,42 1 De nis J. De Felice, City Attorney AGENCY FEDERAL AID PROJECT NUMBER CITY OF PASCO WASHINGTON STATE DATE DEPARTMENT OF TRANSPORTATION AGREEMENT NUMBER CITY/COUNTY AGREEMENT 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 promulgated by the Washington State Department of Transportation and (4) the Federal-aid Project Agreement entered into between the State and Federal Government relative to the above project the Washington State Department of Transportation 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 total project cost shall be the obligation of the Local Agency PROJECT DESCRIPTION Name Various Arterial Streets Termini _Cnurt,Syhtes_ter_,_4_th._iath&_th tas_____ Description of Work Placement of permanent center & lane line pavement markings TYPE OF WORK ESTIMATE OF FUNDING (1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated Federal Funds P E a Agency Work 2000 2000 b State Services c Other d Total Prelim Eng Costs & Estimate 1000 3000 2000 1000 1000 Right-of-Way e Agency Work f State Services g Other h Total R/W Cost Estimate Construction I Contract 65,000 65,000 Engineering j I Agency Force 2„600 2,600 State Force 975 975 I Audit m Other n Other o Total Construction Cost Estimate _ 800 375 —§a) 2,600 800 66 775 72,375 2,600 67,775 p TOTA J LOST ESTIMATE OF THE PRO E C C T Length 7.8 miles WSOOT (/SE ONLY Prop r G LS FHWA PE Appr Date FHWA RW Appr Date .HWA Cormtr Appr Dire Work Order Accounting Plan L • RO • • 00 II F3V . 1. No A1111 BN, Date No Auth By Dire No A, h 9 n IR_ No Allt ,1 R, n The Fedeial-aii1 participation rate in this proleut \A ill he di. ermined by the Federal Government The parties expect that it will be ___ ____O however it is understood that the rate inay vary The Local Agency agrees that this agreement is entered without relying upon any representation by the State made outside of this contract or contained herein as to what the Federal participation rate will be It further agrees that it will not condition any future actions with respect to the project Covered by this agreement upon past current or future representations as to the Federal participation rate The dollar amount of Federal participation cannot exceed the amount shown in column (3) Costs exceeding the Federally funded portion of this agreement will be provided by the Local Agency CONSTRUCTION METHOD OF FINANCING Si ATE AD & AWARD METHOD A Advance Payment - Agency Share of Total Construction Cost (Based on Contract Award) METHOD B Withhold From Gas Tax the Agency s Share of Total Construction Cost (line o co1.2) in the amount of $ at $ per month for months LOCAL FORCE OR LOCAL AD & AWARD METHOD C _ Agency Cost Incurred with Partial Reimbursement o---1.-.4 -tiv,, 4..4, tif 9 a-i - 4.1/ 3 /54/e0 (Check Method Selected) li ULLt.k.ui4 I IUN OF AU i no iii I 1 ., refund from the State to the Agency ME1 HOD B The Agency s share of the total construction cost as shown on the face of this igreement shall be withheld from its monthly fuel tax nllotments The lice of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld eich month The extent of withholding will be confirmed by letter from the State at the time of contract award 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 III PROJECT ADMINISTRATION 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 St-rte shall review process ind 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 concernma the proiect as reauested by the Agency If the Local Agency advertises and i wards the project the Stile shall review the work to insure conformity with the approved plins and spool' cations 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 O'n 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 protect 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 Department of Transportation 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 WITH PROVISIONS The Agency shill not incur my Federal lid pliticipation costs on tiny classification of work on this project until authorized in writing by the Stile for each classification The classif icitions of work for projects are 1 Preliminary Engineering up to and including design approval 2 Preparation of Plans Specifications and Estimates 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 t he Agency under the terms of this agreement The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved AASHTO 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 mid 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 VI 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 Me project 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 1 he State will reimburse the Agency for the Federal share of the actual direct ind related indirect project costs at the specified pro rata up to the amount shown on the face of this agree ment The State will pay for State incurred costs on the project Following payment the State shill bill the Agency for the Agency s share of th _ cost and shill submit billing to the Federal Government for the Federil share at the specified pro rata if elected for participation ind indicated under FUNDING on the first page of this agreement METHOD C The Agency may submit vouchers to the State in the format prescribed by the Stile in triplicate not more than once per month for costs actually incurred or paid The State will reimburse the Agency for the Federal share of the actuil direct and related indirect project costs at the specified pro I eta up to the amount shown on the face of this agreement At the tune of requesting the State to audit the project records the Agency will be cipible of documenting payment of ill costs incur red on the protect The Agency agrees that if payment of any of the State s billings relative to the protect 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 tlx 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 ire 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 stiles and made available to the Spite and the Federal Government The St -Ile shall midit the Agency s records for eligible Federal aid costs on the Pi °le ct If upon iudit it is found th it in oyerpayim nt or pirticip lilOn of I edi I ml money in ineligible items of cost has occurred the Agency -ill ill reimbursi the State upon deninnd for the amount of such overpayment or excess particip ition VIII TRAFFIC CONTROL, SIGNING, MARKING, & ROADWAY MAINTENANCE The Agency will not permit any changes to be made in the provisions 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 standirds 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 harmless from and shall process and defend at its own expense all claims demands or suits whether at law or equity brought against the Agency State or Federal Government arising from the Agency s execution performance or failure to perform any of the provisions of this agreement or of any other agreement or con tract connected with this agreement or arising by reason of the participntion of the State or Federal Government in the protect 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 or the Stati No liability shall attach to the State or Federal Government except as expressly provided herein X NONDISCRIMINATION 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 guirantee the following equal Opportunity clause FORM 140 039 B DOT REVISED 12/78 DURING THE PERFORMANCE OF THIS CONTRACT THE CONTRACTOR 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 applicants are employed and 'nal employees are treated during employment without 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 compensition and selection for training including apprenticeship The contractor agrees to post in conspicuous 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 nationil origin (c) The contractor will send to each labor union or representative of workers with which he his a collective birgiming agreement or other contract or understindrng i notice to be provided by the Agency advising the said labor union 01 workers replesentative of the contractor s commitments under this section 1 I 2 and shall post copies of the notice in conspicious places available to employees ind applicants for employment (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 discriminition clauses of this contract or with any of such rules regulations or orders this contract may be canceled terminated or suspended in whole or in part and the contractor may be declared ineligible for further 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 (g) The contractor will include the provisions of this section 11 2 in every subcontract or purchase order unless exempted by rules regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11 246 of September 24 1965 so that such provisions will be binding upon each subcontractor or vendor The contractor will take such action w th respect to any subcontract or purchase order as the Agency WA Dept of Transportation or Federal Highway Administration 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 he 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 the above equal opportunity clause is not applicable to any agency instrumentality or subdivision of such government which does not participate in work on or under the contract Thi Acton( y also agrees ; (1) To issist ind cooperate ictively with the Stite in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules regulations and relevant orders of the Secretary of Labor (2) To furnish the State such information as it may require for 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 modification 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 subcontractors by the State Federal Highway Administration or the Secretary of Labor pur suant 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 assistince to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency and (c) Refer the case to the Department of Justice for appropriate legal proceedings XI LIQUIDATED DAMAGES The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 630 Subpart C and Volume 6 Chapter 3 Section 1 of the Federal aid Highway Program Manual as supplemented relative to the amount of Federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time Failure to include liquidated damages provision will not relieve the agency from reduction of Federal participation in accordance with this paragraph XII FUNDING GROUP ADJUSTMENTS The Agency agrees that the Federal aid funds committed for Agency work by this agreement may be transferred between work elements by supple ment tl agreement executed by an Agency official or staff member and the State Aid Engineer XIII TERMINATION FOR PUBLIC CONVENIENCE The Secretary Washington State Department of Transportation may terminate the contract in whole or from time to time in part whene‘er (1) The requisite Federal funding becomes unavailable through failure of appropriation or otherwise (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense or an Executive Order of the Pres- ident or Governor of the State with respect to the preservation of energy resources (3) The contractor is prevented from proceeding with the work by reason of a preliminary special or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor or (4) The Secretary determines that such termination is in the best interests of the State XIV VENUE FOR CLAIMS AND/OR CAUSES OF ACTION For the conveniencr. of the parties to this contract it is agreed t hit any claims and/or causes of action which the Local Agency has against the State of Washington growing out of this contract or the project with which it is concerned shall be brought only in tbe S-uperior Court for Thurston County ADDITIONAL PROVISIONS