HomeMy WebLinkAbout1477 ResolutionPASSED by the City Council of the City of Pasco this 21
December , 1981.
day of
. Snider, Mayor
ATTE
0 Wells, City Clerk
RESOLUTION NO. 1477
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 ento 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 propsed 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 be attached hereto
for reference
Section 4 This resolution shall be in full force and effect on its
passage as required by law.
APPROVED AS TO FORM
Greg Rus ello, City Attorney
By
AGENC
assiC,Ixtait.
C RMAN County Commissioners/Mayor
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
• ...-AuEN-CY FEDERAL. AID PROJECT NUMBER
CITY OF PASCO WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION DATE 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) Office of Management and Budget Circular A-102, (4) the policies and
procedures promulgated by the Washington State Department of Transportation and, (5) 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 on line p, column (3) without written authority by the State,
subject to the approval of the Federal Highway Administrator All project costs not reimbursed by the Federal Government shall be
the responsibility of the Local Agency
PROJECT DESCRIPTION
001 Name Length
on Front vicinity of "A" Street
Description of Work
Railroad Crossing Signal
Termini
Install cantilevered flashing signal heads along
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
d Total Prelim Eng Cost Estimate
Right-of-Way e Agency Work
f State Services
g Other
h Total R/W Cost Estimate
Construction i Contract
Engineering { 1 Agency Force
% k State Force
1000
1000
4000
6000
900
900
100
100
400
600
3,600
5,400
I Audit
m Other
n Other
o Total Construction Cost Estimate
p TOTAL COST ESTIMATE OF THE
PROJECT
WSDOT USE ONLY
Work Order Accounting Plan
s Prop F C Lc_
FtiWA
Appr Dale
WOAP
No
Auth
By
Date
WOAP AMOUNT AUTH CODE
The Federal-aid participation rate in this project will be determined by the Federald Government The parties expect that it will be 90
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 line p column (3) All costs not reimbursed by
the Federal Government will be the responsibility of the Local Agency
STATE AD & AWARD
(Check Method Selected)
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 col 2)
in the amount of $ at $ per month for months ( )
( X )
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
CONSTRUCTION METHOD OF FINANCING
LOCAL FORCE OR LOCAL AD & AWARD
METHOD C ______ Agency Cost Incurred with Partial Reimbursement
EA. Snider, Mayor__ By
State Aid Engineer
City of Pasco
FORM 140 039
DOT REVISED 3/81 3
,stwa
Date Executed
FORM 140 03a B
1101. or k isEri n ,
I SCOPE OF WORK
The Agency shall provide all the work labor materials and semices 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 Highwny 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 concernina the oroiect as reauested
by the Agency If the Local Agency advertises and awards the protect the State
hall review the work to insure conformity with the approved 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 Type of Work above In
addition the State will furnish qualified personnel for the supervision and
inspection of the work in progress On 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 project
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 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 Ind engineering costs and
other expenses of the St tte is to be paid by the Agency and by the Feder tl
Government Federal funding shall be in accord with the Surface Transportation
Assistance Act 1978 Title 23 United States Code -is imended and Office of
Man tgement and Budget Circular A 102 The State shall not be ultimately
responsible for any of the costs of the project The Agency shall be ultimately
responsible for all costs associated with the project which are not reimbursed by
the Federal Government Nothing n this agreement shall be construed cis a
promise by the State as to the amount or nature of Federal participation in this
project
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 submitted to the State in the form it prescribed by the
State in quadruplic tte not more thin one per month TheStnte will reimburse the
Agency up to the amount shown on the lice of this ,igreement for those costs
eligible for Federal participation to the extent that such costs are directly
tttribut tble and properly alloc tble to this project Expenditures by the Loc il
Agency for the establishment mnintenance genernIndministration supervision
and other overhead shall not be eligible for Federal participation
The State will pay for State incurred costs on the project Following pnyment
the State shall bill the Feder tl Government for reimbursement of those costs
eligible for Federal p inicipation to the extent th it such costs are directly
attributable and properly tlloc dale to this project The State shall bill the Agency
for that portion of State costs which were not reimbursed by the Federal
Government
2 Prolect 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 Slate 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 St tte 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 allotint,nts The lace 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 St de in the format prescribed by the
State in quadruplicate not more th in once per month for those costs eligible for
Federal participation to the extent th it such costs are directly attribut tble Ind
properly allocable to this project Expenditures by the Local Agency for the
establishment maintenance general administration supervision and other
overhead shall not be eligible for Federal particip ition
The St ite will reimburse the Agency for the Federal share of eligible project
costs up to the amount shown on the face of this agreement At the time of audit
the Agency will provide documentation of all costs incurred on the project
The Agency agrees that if payment of any of the State s billings relative to the
project 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 tax
allotments which the Agency isnormally 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 costs on the
project The report of said audit shall be in the Agency stiles and made available to
the State and the Federal Government
An audit of the entire project shall be conducted in accordance with Office of
Management and Budget Circular A-102 Attachment p
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 standards
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 participation of
the State or Federal Government in the project PROVIDED nothing herein shall
require the Agency to reimburse the State or the Fe.deral 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 State
No liability shall attach to the State or Federal Government except as
expressly provided herein
&
A 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
'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
compensation 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 national origin
(c) The 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 proy isions 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
discrimination 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
subrontrict 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
subcontractor or vendor The contractor will take such action with respect to any
subcontract or purchase order as the Agency WA Dept of Transportation or
Federal Highwly Administration may direct as a means of enforcing such
prey isions 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 appricarit
so participating is a State or local government the above equll 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 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 lake 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 assistlnce 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 Failun, to include liquidated
damages provision will not relieve the Agency from reduction of Federal
participation in accordance with this paragraph
XII TERMINATION FOR PUBLIC CONVENIENCE
The Secretary Washington State Department of Transportation may
terminate the contract in whole or from time to time in part 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
XIII 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 contract or the project with which It is
concerned shall be brought only in the Superior Court for Thurston County
ADDITIONAL PROVISIONS
FORM 140 039 C
DOT REVISED 3/81