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HomeMy WebLinkAbout1335 ResolutionChet Bailie, Mayor ATTE ells, City Clerk /Eve RESOLUTION NO 1335 A RESOLUTION of the City of Pasco authorizing and directing the Mayor to sign a municipal agreement between the City of Pasco and the State of Washington (for federal highway administration programming for funds) WHEREAS, it is the desire of the City of Pasco to improve and bring the "A" Street railroad crossing in the vicinity of Front Street up to present standards, and WHEREAS, it is necessary that the City of Pasco 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO Section 1 That the City Council of the City of Pasco do hereby approve the proposed municipal agreement Section 2 The mayor is hereby directed to sign the municipal agreement for preliminary engineering on behalf of the City of Pasco Section 3 That a copy of said municipal agreement shall be attached hereto for reference Section 4 This resolution shall be in full force and effect on its passage as required by law. PASSED by the City Council of the City of Pasco this March , 1980 3rd day of APPROVED AS TO FORM Dennis J De el i ,—City Attorney WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CITY/COUNTY AGREEMENT FEDERAL AID PROJECT NUMBER AGREEMENT NUMBER AGENCY CITY OF PASCO DATE AGENCY OFFICIAL WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CHAIRMAN County Commissioners/Mayor State Aid Engineer FORM 140-039 DOT REVISED 12178 Date Executed 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 proiect 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 Railroad Crossing Signal 0 01 Length Termini on Front vicinity of "A" Street Description of Work Install cantilevered flashing signal heads alona with detection devices on gates TYPE OF WORK ESTIMATE OF FUNDING (1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated Federal Funds PE a Agency Work b State Services c Other RR d Total Prelim Eng Costs & Estimate Right-of-Way e Agency Work f State Services g Other h Total R/VV Cost Estimate Construction i Contract Engineering i i Agency Force TO k State Force 1000 1000 13,000 15,000 100 100 1300 1500 900 900 11,700 13,500 I Audit in Other it Other o Total Construction Cost Estimate p TOTAL COST ESTIMATE OF THE PROJECT WSD 0 T USE ONLY Pout , c u 5 FHWA PE A rr DIU, I Nt4A R 5 APPE Dili_ FFitA/A Con,tr Ape , Dit. Work Older Accounting Plan I 111 RO III II 00 • Re 111 I NC \WI By Di e Nn Auth Eli Date No Atm, D OP No Atte, Etv Di e Th§crederal -aid participation rate in this project will be determined by the Federal Government The -pgrties expect that it will be % however it is understood that the rate may 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 STATE AD & AWARD METHOD A Advance Payment - Agency Share of Total Construction Cost (Based on Contract Award) ME tHOD B Withhold From Gas Tax the Agency s Share of Total Construction Cost (line o col 2) in the amount of $ _ at $ per month for _ months LO( FORCE OR LOCAL AD 8, AWARD METHOD C Agency Cost Incurred with Partial Reimbursement The Local Agency further stipulates 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 (Check Method Selected) I SCOPE OF WORK The Agency shall provide all the work labor materials and services neces sary to perform the project which is described and set forth in detail in the Project Description and Type of Work When the State acts for and on behalf of the Agency the State shall be deemed an agent of the Agency and shall perform the services described and indicated in Type of Work on the face of this agreement in accordance with plans and specifications as proposed by the Agency and approved by the State and Federal Highway Administration When the state acts for the Agency but not subject to the right of control by the Agency the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration II 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 concernino the oroiect as reauested by the Agency If the Local Agency advertises and awards the project the State shall review the work to insure conformity with the appro ed plans and specifi cations 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 Ty pe of Work above In addition the State will furnish qualified personnel for the supervision and inspection of the work in progress (in Taal 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 protect 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 shall not incur any Federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification The classifications 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 the 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 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 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 the project Following such payments vouchers shall be subri itied to the Stale in the format prescribed by the State in triplicate not more man one per month The State will reimburse the Agency for the Federal share ol the actual direct and r elated 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 shall bill the Agency for the Agency s share of the cost and shall submit billing to the Federal Government for the Federal share at the specified pro rata if elected for participation and indicated under FUNDING on the first page of this agreement FORM 140-039 B DOT REVISED 12/78 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 execution of the construction contract an advance in the amount of the Agency s share of the total construction cost based on the contract award The State will notify the Agency of the exact amount to be deposited with the State 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 Government for the Federal aid participation share of the cost When the project is substantially completed and final actual costs of the project can be determined the State will present the Agency with a 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 METHOD B The Agency s share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each 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 METHOD C The Agency may submit vouchers to the State in the format prescribed by the State in triplicate not more than one, per month for costs actually incurred or p rid The State will reimburse the Agency for the Feder il share of the actual direct and related indirect projeet costs at the specified pro r ita up to the amount shown on the fice of this agreement Al the time of requesting the State to audit the project records the Agency will be capable of documenting payment of ill costs incurred on the project The Agency agrees th it if pay went of any of the State s billings relative to the prop ct is not in Me t0th, atr within d after the Agency h 1, tii n bill, if the St ite shall effect reimbursement of Mt total sum due horn monthly furl t is 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 r osts 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 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 stand irds 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 ti act connected with this agreement or arising by reason of the participation of the State or Federal Government in the project PROVIDED nothing herein ,hati require the Agency to reimburse the Stile or the Feder al Government for dim mes arising out of bodily injury to persons or damage to property caused by ot resulting from the sole negligence of the Federal Government or the St tte No liability shill attach to the State or Feder II Government exer pt 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 guarantee the following equal opportunity clause 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 'flat 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 compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous pl,aces 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) 1 he 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 of the notice in conspicious places available to employees and 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 11 246 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 Seciehry 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 discrimimitton clauses of this contrict or with -iny of such rules regulations or orders this contract may be cinceled termirrited or suspended in whole or in part arid 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 11246 of September 24 1965 so that such provisions will be binding upon each subcontrictor 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 High vay 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 The Agency also agrees (1) To assist and cooperate actively with the State 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 ref rain 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 assist -ince 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 fc) 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 Arrency awe( s lb it the Fe der al did funds committed lot Agency work by this agrcertir it may br transferred bt tween work elements by supple elect 11 agreement executed by in Agency °Mc' il or stilt member and the State Aid Engrneer XIII TERMINATION FOR PUBLIC CONVENIENCE The Secretary Washington State Department of Transportation may terminate the contract in whole or from time to time in put whenever (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 convenience of the parties to this contract it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington growing out of this contr .act or the protect with which it is concerned shall be brought only in the -Superior Court for Thurston County ADDITIONAL PROVISIONS ram 140-039 c DOT REVISED 12/78