HomeMy WebLinkAbout772/
RESOLUTION NO.
A RESOLUTION of the City Council of the
City of Kent, Washington, regarding an appli-
cation for Title 23 funds to signalize, illu-
minate, channelize and relocate driveway and
utilities at the intersection of Southeast 256th
and lOlst Avenue Southeast.
WHEREAS, a proper application has been prepared de-
scribing the work and estimating the cost of the referenced
project, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO
HEREBY RESOLVE:
Section 1. That pursuant to Title 23, regulations and
policies and procedures, and as a condition to payment of the
federal funds allocated, it accepts and will comply with the ap-
plicable provisions set forth and attached hereto and by this
reference made a part hereof.
Section 2. That the City of Kent will pay to the State
of Washington Department of Highways as agent for Title 23 funds,
its share in a timely fashion.
PASSED at a Regular Meeting of the Kent City Council
this 7th day of October, 1974. ,/ " ---~-
-:-~abc(" (--t:-___ /~-A7
ATTEST:
DONALD E. MIRK, CITY ATTORNEY
I hereby certify that this is a true copy of
No. ')/.;;( , passed by the City Council of the City
Washington, the 7 day of October, 1974.
Resolution
of Kent,
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
described and indicated in "Type of Work" above, for the described project,
all in accordance with plans and specifications as proposed by the Agency
and approyed 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.
Ill 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 inspect1on shall be
limited to ensurin!l 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 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 tluee 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 authorization in writing by
the State for each classification. The classification 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 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 pro-
vide the initially planned complete facility, within the limits of this project,
will conform to at least the minimum values set by approved AASHO
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.
The Agency will initially pay for all costs incurred on the project
with the Agency's own funds, with the exception of contracts advertised
for bids and awarded by the State. 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.
Project construction financing will be accomplished by one of the
three methods as indicated on the first page of the agreement:
F 0 RM !4()... 039 b
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 estimated total cost of the project. 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
Government 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
submitted 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 at the time of con-
tract award. This letter shall establish the months in which the with-
holding 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 Government for pay-
ment of its participating portion of such billings.
METHOD "C":
The Agency will initially pay for all costs incurred on the project
with the Agency's own funds. 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. Ti')e 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.
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 Government.
The State shall audit the Agency's records for eligible Federal-aid
costs on the project.
Certain expenses will occur to the State upon the State's auditing
the Agency's records of costs on this project. The State shall bill the
Agency for the full amount of the audit costs. Following payment, the
Agency may submit these costs for Federal-aid participation at the current
reimbursable ratio on this 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.
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.
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
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 harm-
less from and shall process and defend at its own expense, all claims,
demands, suits at law or equity brought against the Agency, 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 Agency, or arising by reason of the participation of the State or
Federal Government in the project, PRO VI OED, 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,
the State agents or employees.
No liability shall attach to the State or Federal Government except
11 expressly provided herein.
X NONDISCRIMINATlON 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:"
(al 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.
(bl 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
conspicuous places available to employees and applicants for employment.
(dl 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.
(el 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.
(fl 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 inelegible 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.
FORM 140-039c
7/74
(g) The conhactor 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:
( 11 To assist and cooperate actively with the Federal Highway
Administration and the Secretary of Labor in obtaining the compliance of
contractors and subcontractors with the equal opportunity clause and the
rules, regulations and relevant orders of the Secretary of Labor.
(21 To furnish the Federal Highway Administration and the
Secretary of Labor such information as they may require for the supervision
of such compliance and that it will otherwise assist the Federal Highway
Administration in the discharge of its primary responsibility for securing
compliance.
(31 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 pursuant
to the Executive Order.
(41 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 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 fails or refuses to comply
with these undertakings, the Federal Highway Administration may take
any or all of the following actions:
(al 'Cancel, terminate or suspend this agreement in whole or in
part:
(bl 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
(cl Refer the case to the Department of Justice for appropriate
legal proceedings.
AUt:N\..1
I I ( o~ k'e' \T
STATE OF WASHINGTON ~A-or~1? (1) ---\ i"{ DEPARTMENT OF HIGHWAYS
DATE ,. CITY/COUNTY AGREEMENT
I
AGREEMENT NUMBER
10-7-74-
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 promul-
gated 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 authorile 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.
Name
PROJECT DESCRIPTION
SE '2.f;G-th st-(sR s10.) ~v\d 1o1ct-Av-t. SE Length ...::.0_,_1 0~--
Termini -------------------------------------------------------------------------------
Description of Work L\f.ust:dt·"~~ ;;ijr-okz .. :,.fiJt~, JllvmiYIO-h)rt 1 C~Or1r1cflzoii"lr' 1 ar1 J d'(iVf 1J.Jay Or·d
v-~liA~ v(\0(rrkw\,
TYPE OF WORK
1. Preliminary Engineering ............................................................ .
a. Direct Salary Cost .............................................................. .
b. Payroll Additives ( % of ( 1 a)) ................................... ..
c. Admin Overhead ( %of (1 a+ b)) ............................... ..
d. Contractual Services (Consultant) ................................... ..
e. Non,Salary Costs ............. L::!', .. !.f.\-~r..: ... ~.i.(;L::.f:.~ ............. .
Estimated Total Charges ( 1) ....................................................... .
2. Right-of-way Total Estimated Cost (2) ..................................... .
3. Construction Contract Estimate ................................................ .
/!.:..·% Engineering ............................................................ .
Total Estimated Cost (3) ......................................................... ..
4. Department.of Highways Charges ............................................ ..
a. Plan Review ........................................................................ .
b. P S & E Processing ............................................................ ..
c. Bid Advertising & Contract Award .................................... ..
d. Audit .................................................................................. .
e. Other .................................... 7 .................. , ....................... ..
f. Constiuction Engineering ..... ,,[:?t(.~I.-.. }) ....................... .
5. Total Estimated Cost of the Project (1 + 2 + 3) ................. ..
TOTAL
PROJECT
FUNDING
AGENCY FEDERAL
• •••••••••••••••••••••••••••••••••••• 0 ••••••••••••••• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. ................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. ................................. . . ................................ ~ .. .
0 0 0
8 2.50
7DO
4-DO
150
NoD
f---------1----,....------1-----------_ _11;..9!20 ____ ]_f'!l] ___ ~_32:L!W_D __ _
CONSTRUCTION METHOD OF FINANCING
METHOO A -
METHOD B -
METHOD C -
Partial Payment-15% of Total Construction (3) Project Cost. ................................ $ t:.o4D
Withholding -Approximately __ Monthly Payments of $ _____ _
Agency Share of Total Construction Project (3) Cost.................................................... $
Agency Payment 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 payment of the federal funds obligated, it accepts and will comply with the applicable provisions
set forth on the reverse hereof. Adopted by Resolution/Qnht8RG9 Ne. 7 ,~
FORM 14()-039
a(74
STATE OF WASHINGTON
DEPARTMENT OF HIGHWAYS
Assistant Director for Planning, Research & State Aid
Data Executad