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HomeMy WebLinkAboutRes 0638 - Rehabilitation Agreement - Southcenter Boulevard (62nd Avenue South to 65th Avenue South)CITY OF UKW RESOLVE AS FOLLOWS: Agreement is attached as reference. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHIdGTON, at a regular meeting thereof this ;7 day of rib lid 1978. Attest: Approved as to Form: City Attorney, De WASHINGTON RESOLUTION NO. 638 AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH THE STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION FOR THE REHABILITATION OF SOUTHCENTER BOULEVARD FROM 62ND AVENUE SOUTH TO 65TH AVENUE SOUTH. THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO That the Mayor is hereby authorized to sign an agreement with the State of Washington Depart- ment of Transportation for the rehabilitation of Southcenter Boulevard from 62nd Avenue South to 65th Avenue South. Mayor Date Approved) City clerk COUNCIL ACTION MEETING I DAIE I AGENDA NC IGN TYPE lifts AGENCY I CITY OF TUKWILA DATE 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 promulgates by the Department of Highways and, (4) The Federal -aid Project Agreement entered into between the State and Federal Government, relative to the above project, the Department of Highways 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 estimated total cost shall be the obligation of the local agency. Nam. Termini PROJECT DESCRIPTION Southcenter Blvd. Rehabilitation, Phase III 62nd Avenue South to 65th Avenue South Description of Work Widen roadway; install lighting; construct curb and gutter, sidewalk, storm drainage; restripe. AGENCY OFFICIAL aae FORM 140 -039 REVISED 3/77 TYPE OF WORK fXOWAOMgX *100(1)591M05 /Mayor STATE OF WASHINGTON DEPARTMENT OF HIGHWAYS CITY /COUNTY AGREEMENT CONSTRUCTION METHOD OF FINANCING Date Executed FEDERAL AID PROJECT NUMBER AGREEMENT NUMBER FUNDING ProtecTotal I Agency b .,4bU 3,4bu 1,730 1,730 1,730 1,730 26,000 26,000 1,000 -1,000 1. P.E. (AGENCY) a. Direct Salary Cost b. Payroll Additives c. Admin. Overhead c. Contracture! Services (Consultant) e. Non -Salary Costs P.E. (D.O.H) a. Plan Review Misc. Ass't. c. PS& E Process., Bid Ad Contract Award 2.,000. c. Audit C. Other Total Estimated Preliminary Engineering Cost I 33,920 I 33.9 ?0 I 2.000 2. Right -of -Way (AGENCY) a. Agency Work D. Dept. of Highway Assistance c. Audit Total Estimated Right of Way Cost I I I I 3. Construction Contract 200,000.... .40,860.. .1593].40. 1 Engineering Agency Force. 26,000 26.,000.... ..5,312.. ..20,688. 5 3n,nnn State Force .4,000 4,000 3,183. 817. Audit 1,5n0 4194_ 3n6 Total Estimated Construction Cost I 231,500 I 46,172 I 184,205 I 1,123 TOTAL ESTIMATED COST OF THE PROJECT I 265,420 I 80,092 I 184,105 I 3,123 STATE AD AWARD METHOD A Partial Payment 15% of Total Construction Project Cost (3) METHOD B Withhold Approximately Monthly Payments Agency Share of Total Construction Project Cost (3) LOCAL FORCE OR LOCAL AD AWARD METHOD C X Agency Cost Incurred with Partial Reimbursement (3) The local agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to pay- ment 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 ___ally 5 19 78 ResolutionOrdislarrce No. 638 STATE OF WASHINGTON DEPARTMENT OF HIGHWAYS Assistant Director for State Aid Length 0.20 Federal State Work Order I SCOPE OF WORK The Agency will provide all the work, labor, materials and services necessary to perform the project which is described and set forth in detail In the "Project Description" and "Type of Work," The State, as agent acting for and on behalf of the Agency, shall perform these services des- cribed and indicated in "Type of Work" above, for the described project, all in accordance with plans and specifications as proposed by the Agency and approved by the State and the 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 concerning the project, as requested by the Agency. If the local agency advertises and awards the project the State shall review the work to insure conformity with the approved plans and specifications. III PROJECT ADMINISTRATION Certain types of )work and services shall be provided by the State on this project is 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 adver- tised 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 super- visor 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 State Department of Highways. 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 PS E 3. Right -of -Way Acquisition 4. Project Construction In the event that Right -of -Way acquisition for, or actual construc- tion 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 -ald highway construction pro- jects 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 falls 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. I. 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 format prescribed by the State, in triplicate, not more than one per month. The State will submit a billing to the Federal Government for the Federal share of the invoice at the current pro rata. Upon receiving payment from the Federal Government, the State will transmit a like amount to the Agency. FORM 140.0398 Hwy REVISED 3/77 The State will pay for State Incurred costs on the project. Follow- ing 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 current pro rata, If elected for participation and indicated under "FUNDING" on the first page of this agreement. 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 award of the construction contract, an advance in the amount of 15% of the total construction project cost. The State will notify the Agency of the exact amount to be deposited with the State at the time of contract award, 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 Gov- ernment for the Federal -aid participation share of the cost and shall bill the Agency for the Agency's share of the cost. When the project Is substantially completed and costs of the project including an estimate of costs not yet paid can be determined the State will present the Agency with a semi -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. A final billing will be sub- mitted by the State to the Agency when final costs are known and settlement will be made at that time. METHOD "B The Agency's share of the estimated total cost of the project shall be withheld from its monthly fuel tax allotments to the extent of the amount of the contract plus up to 15% for engineering. The extent of withholding will be confirmed by letter from the State at the time of contract award. This letter shall establish the months In which the withholding shall take place and the exact amount to be withheld each month. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Gov- ernment 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 once per month, for costs actually Incurred or paid. The State will submit a billing to the Federal Government for the Federal share of the invoice at the current pro rata. Upon receiving payment from the Federal Government, the State will transmit a like amount to the Agency. At the time of requesting the State to audit the project records, the Agency will be capable of documenting payment 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 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 costs on the project. The report of said audit shall be In the Agency's files and made available to the State and the Federal Govern- ment. 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 provi- sions 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 mark Ings not In conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at Its own ex- pense, 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, per- formance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Govern- ment in the project, 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 re- sulting 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. 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 oppor- tunity clause: "DURING THE PERFORMANCE OF THIS CONTRACT, THE CON- TRACTOR 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 that 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 con- spicuous 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 com- mitments under this section 11.2 and shall post copies of the notice in conspicuous 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 re- quired by Executive Order 11246 of September 24, 1965 and by the rules and regulations and orders of the Sgcretary of Labor, or pursuant thereto and will Permit access to hls 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, regula- tions or orders, this contract may be canceled, terminated or suspended in whole or In part and the contractor may be decialred 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 reme- dies 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. HWY FORM 140 -039C REVISED 3/77 ADDITIONAL PROVISIONS (g) The contractor will Include the provisions of this Section 11 -2 In every subcontract or purchase order unless exempted by rules, regula- tions 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, State Highway Department or the Federal Highway Administra- tion 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 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 oppor- tunity clause and the rules, regulations and relevant orders of the Secretary of Labor. (2) To furnish the State such information as they 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 modi- fication 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 pur- suant 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 sub- contractors by the State, Federal Highway Administration or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Agency agrees that If it falls 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 assistance 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 or 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.