HomeMy WebLinkAbout140-94 - Res. Local Agency Agreement Port of Hoodsport & Mason County Public Works AdW
MWashington State
Department of Transportation Local Age,.jcy Agreement
Port of Hoodsport/
Agency Mason County Department of Public Works Project No.
Address P.O. Box 1850 Agreement o.
Shelton, WA 98584 For Headquarters WSDOT use only.
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 Circulars A-102 and A-128,(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 s,column 3,without written authority by the State,subject to the approval of the Federal Highway Administration.All project costs not
reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name Hoodsport Waterfront Park Length N/A
Termini
Description of Work
Construction of 420' ± of shore protection along Hood Canal
and associated grading. Three sets of concrete stairs are
included to provide access to the beach.
Estimate of Funding
Type of Work (1) (2) (3)
Estimated Total Estimated Estimated
Project Funds Agency Funds Federal Funds
PEa. Agency work ............................................ ........................................... .................I.....................
b. Other .......................................... ........................................... .......................................
C. State services
d. Total PE cost estimate(a+b+c)
Rightof Way e. Agency work ............................................ ........................................... ..........................I............
f. Other ............................................ ........................................... .......................................
g. State services
h. Total R/W cost estimate(e+f+g)
Construction i. Contract 82.,.550..................... .........1-1.,..1.44................. .......7.1.,.406...............
j. Other ...............I............................ ..............I............................
k. Other ........................................... ........................................... ........................................
1. Other ..................I...................... ...............................
............ .......................................
m. Total contract costs(i+j+k+l)
Construction Engineering
n. Agency ....4,81.0..................... .................650................. .........4.s..1.6.1................
o. Other ...............................I............ ........................................... .......................................
p. State forces 500 67 433
q. Total construction engineering(n+o+p) 717
4,594
r. Total construction cost Estimate(m+q) 87,861 11 ,861 76,000
s. Total cost estimate of the project(d+h+r) 87,861 11 ,861 76,000
*Federal participation in construction engineering(q)is limited to 15 percent of the total contract costs(line m,column 3).
The federal aid participation rate in this project will be determined by the Federal Government.The parties expect that it will be_ 6-5
percent;however,it is understood that the rate may vary.The Local Agency agrees that this agreement is entered into 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 tine s,column 3.All costs not
reimbursed by the Federal Government shall be the responsibility of the Local Agency.
DOT Form 140-039 t ® 1a
Revised 6/94
Construction Method `._ Financing
(check method selecW)
State Ad and Award
Cl Method A—Advance Payment—Agency share of total construction cost(based on contract award)
O Method B—Withhold from gas tax the Agency's share of total construction cost(line 4,column 2)in the amount of
$ at$ per month for months
Local Force or Local Ad and Award
T 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 below.Adopted by official action
on December 13 19 94 Resolution/Ordinance No. 140-94
Agency Official Washington State Department of Transportation
3 / '
By C: - �. ?
_ By
' -:=., Assistant Secretary for Local Programs
Chairperson ''/
Mason County Commissioners Date Executed
Provisions
1. Scope of Work shall be open to inspection by the State and Federal Government at all
The Agency shall provide all the work,labor,materials,and reasonable times and shall be retained and made available for such
services necessary to perform the project which is described and set inspection for a period of not less than three years from the final
forth in detail in the"Project Description"and"Type of Work." payment of any federal aid funds to the Agency.Copies of said
When the State acts for and on behalf of the Agency,the State records shall be furnished to the State and/or Federal Government
shall be deemed an agent of the Agency and shall perform the services upon request.
described and indicated in`Type of Work"on the face of this V. Compliance with Provisions
agreement,in accordance with plans and specifications as proposed by
the Agency and approved by the State and the Federal Highway The Agency shall not incur any federal aid participation costs
Administration. on any classification of work on this project until authorized in
When the State acts for the Agency but is not subject to the right writing by the State for each classification.The classifications of work
of control by the Agency,the State shall have the right to perform the for projects are:
work subject to the ordinary procedures of the State and Federal 1. Preliminary engineering up to and including approval.
Highway Administration. 2. Preparation of plans,specifications,and estimates.
If. Delegation of Authority 3. Right of way acquisition.
4. Project construction.
The State is willing to fulfill the responsibilities to the Federal In the event that right of way acquisition,or actual construction
Government by the administration of this project.The Agency agrees of the road,for which preliminary engineering is undertaken is not
that the State shall have the full authority to carry out this started by the closing of the tenth fiscal year following the fiscal year
administration.The State shall review,process,and approve in which the agreement is executed,the Agency will repay to the State
documents required for federal aid reimbursement in accordance with the sum or sums of federal funds paid to the Agency under the terms
federal requirements.If the State advertises and awards the contract, of this agreement(see Section VIll).
the State will further act for the Agency in all matters concerning the The Agency agrees that all stages of construction necessary to
project as requested by the Agency.If the Local Agency advertises and provide the initially planned complete facility within the limits of this
awards the project,the State shall review the work to ensure project will conform to at least the minimum values set by approved
conformity with the approved plans and specifications. statewide design standards applicable to this class of highways,even
111. Project Administration though such additional work is financed without federal aid
participation.
Certain types of work and services shall be provided by the State The Agency agrees that on 'ederal aid highway construction
on this project as requested by the Agency and described in the Type projects,the current federal aid regulations which apply to liquidated
of Work above.In addition,the State will furnish qualified personnel damages relative to the basis of federal participation in the project
for the supervision and inspection of the work in progress.On Local cost shall be applicable in the event the contractor fails to complete
Agency advertised and awarded projects,the supervision and the contract within the contract time.
inspection shall be limited to ensuring all work is in conformance with
approved plans,specifications,and federal aid requirements.The VI. Payment and Partial Reimbursement
salary of such engineer or other supervisor and all other salaries and The total cost of the project,including all review and
costs incurred by State forces upon the project will be considered a cost engineering costs and other expenses of the State,is to be paid by the
thereof.All costs related to this project incurred by employees of the Agency and by the Federal Government.Federal funding shall be in
State in the customary manner on highway payrolls and vouchers shall accord with the Intermodal Surface Transportation Efficiency Act
be charged as costs of the project. 1991,Title 23,United States Code,as amended,and Office of
IV. Availability of Records Management and Budget circulars A-102 and A-128.The State shall
not be ultimately responsible for any of the costs of the project.The
All project records in support of all costs incurred and actual Agency shall be ultimately responsible for all costs associated with the
expenditures kept by the Agency are to be maintained in accordance project which are not reimbursed by the Federal Government.
with procedures prescribed by the Division of Municipal Corporations Nothing in this agreement shall be construed as a promise by the State
of the State Auditor's Office,the U.S.Department of Transportation, as to the amount or nature of federal participation in this project.
and the Washington State Department of Transportation.The records
DOT Form 140-039
Revised 6194 2
(d)The contractor will comply with all provisions of Executive (4)To carry out such sanctions and penalties for violation of the
Order 11246 of September 24,1965,and of the rules,regulations,and equal opportunity clause as may be imposed upon contractors and
relevant orders of the Secretary of Labor. subcontractors by the State,Federal Highway Administration,or the
(e)The contractor will furnish all information and reports Secretary of Labor pursuant to Part 11,subpart D of the Executive
required by Executive Order 11246 of September 24,1965,and by the Order.
rules and regulations and orders of the Secretary of Labor,or In addition,the Agency agrees that if it fails or refuses to
pursuant thereto,and will permit access to his books,records,and comply with these undertakings,the State may take any or all of the
accounts by the Federal Highway Administration and the Secretary of following actions:
Labor for purposes of investigation to ascertain compliance with such (a)Cancel,terminate,or suspend this agreement in whole or in
rules,regulations,and orders. part;
(f) In the event of the contractor's noncompliance with the (b)Refrain from extending any further assistance to the Agency
nondiscrimination clauses of this contract or with any of such rules, under the program with respect to which the failure or refusal
regulations or orders,this contract may be canceled,terminated,or occurred until satisfactory assurance of future compliance has been
suspended in whole or in part and the contractor may be declared received from the Agency;and
ineligible for further government contracts or federally assisted (c) Refer the case to the Department of Justice for appropriate
construction contracts in accordance with procedures authorized in legal proceedings.
Executive Order 11246 of September 24,1965,and such other
sanctions may be imposed and remedies invoked as provided in XII. Liquidated Damages
Executive Order 11246 of September 24,1965,or by rule,regulation, The Agency hereby agrees that the liquidated damages
or order of the Secretary of Labor,or as otherwise provided by law. provisions of 23 CFR Part 630,Subpart 305,as supplemented,relative
(g)The contractor will include the provisions of this Section to the amount of Federal participation in the project cost,shall be
11-2 in every subcontract or purchase order unless exempted by rules, applicable in the event the contractor fails to complete the contract
regulations,or orders of the Secretary of Labor issued pursuant to within the contract time.Failure to include liquidated damages
Section 204 of Executive Order 11246 of September 24,1965,so that provision will not relieve the Agency from reduction of federal
such provisions will be binding upon each subcontractor or vendor. participation in accordance with this paragraph.
The contractor will take such action with respect to any subcontract or
purchase order as the Agency,Washington State Department of XIII.Termination for Public Convenience
Transportation,or Federal Highway Administration may direct as a The Secretary of the Washington State Department of
means of enforcing such provisions including sanctions for Transportation may terminate the contract in whole,or from time to
noncompliance:Provided,however,that in the event a contractor time in part,whenever:
becomes involved in,or is threatened with,litigation with a (1)The requisite federal funding becomes unavailable through
subcontractor,he may request the United States to enter into such failure of appropriation or otherwise.
litigation to protect the interests of the United States. (2)The contractor is prevented from proceeding with the work
The Agency further agrees that it will be bound by the above as a direct result of an Executive Order of the President with respect
equal opportunity clause with respect to its own employment to the prosecution of war or in the interest of national defense,or an
practices when it participates in federally assisted construction work: Executive Order of the President or Governor of the State with respect
Provided,that if the applicant so participating is a State or Local to the preservation of energy resources.
Government,the above equal opportunity clause is not applicable to (3)The contractor is prevented from proceeding with the work
any agency,instrumentality,or subdivision of such government by reason of a preliminary,special,or permanent restraining order of
which does not participate in work on or under the contract. a court of competent jurisdiction where the issuance of such order is
The Agency also agrees: primarily caused by the acts or omissions of persons or agencies other
(1)To assist and cooperate actively with the State in obtaining than the contractor.
the compliance of contractors and subcontractors with the equal (4)The Secretary determines that such termination is in the best
opportunity clause and rules,regulations,and relevant orders of the interests of the State.
Secretary of Labor.
(2)To furnish the State such information as it may require for XIV.Venue for Claims and/or Causes of Action
the supervision of such compliance and that it will otherwise assist For the convenience of the parties to this contract,it is agreed
the State in the discharge of its primary responsibility for securing that any claims and/or causes of action which the Local Agency has
compliance.
against the State ofh Washington,growing out of this contract e the
(3)To refrain from entering into any contract or contract project with which
modification subject to Executive Order,11246 of September 24,1965, it is concerned,shall be brought only in the
with a contractor debarred from,or who has not demonstrated Superior Court for Thurston County.
eligibility for,government contracts and federally assisted
construction contracts pursuant to the Executive Order.
Additional Provisions
1. Preliminary Engineering,Right of Way Acquisition,and shall reimburse the State for the amount of such overpayment or
Audit Costs excess participation(see Section VIII).
The Agency will pay for Agency incurred costs on the project.
Following such payments,vouchers shall be submitted to the State in VIII. Payment of Billing
the format prescribed by the State,in quadruplicate,not more than The Agency agrees that if payment or arrangement for payment
one per month.The State will reimburse the Agency up to the of any of the State's billing relative to the project(e.g.,State force
amount shown on the face of this agreement for those costs eligible work,project cancellation,overpayment,cost ineligible for federal
for federal participation to the extent that such costs are directly participation,etc.)is not made to the State within 45 days after the
attributable and properly allocable to this project.Expenditures by the Agency has been billed,the State shall effect reimbursement of the
Local Agency for the establishment,maintenance,general administra- total sum due from the regular monthly fuel tax allotments to the
tion,supervision,and other overhead shall not be eligible for federal Agency from the Motor Vehicle Fund.No additional Federal project
participation. funding will be approved until full payment is received unless
The State will pay for State incurred costs on the project. otherwise directed by the Assistant Secretary for Local Programs.
Following payment,the State shall bill the Federal Government for
reimbursement of those costs eligible for federal participation to the IX. Traffic Control,Signing, Marking,and Roadway
extent that such costs are attributable and properly allocable to this Maintenance
project.The State shall bill the Agency for that portion of State costs The Agency will not permit any changes to be made in the
which were not reimbursed by the Federal Government(see provisions for parking regulations and traffic control on this project
Section VIII). without prior approval of the State and Federal Highway
Administration.The Agency will not install or permit to be installed
2. Project Construction Costs any signs,signals,or markings not in conformance with the standards
Project construction financing will be accomplished by one approved by the Federal Highway Administration and MUTCD.The
of the three methods as indicated in this agreement. Agency will,at its own expense,maintain the improvement covered
Method A—The Agency will place with the State,within(20) by this agreement.
days after the execution of the construction contract,an advance in
the amount of the Agency's share of the total construction cost based X. Indemnity
on the contract award.The State will notify the Agency of the exact The Agency shall hold the Federal Government and the State
amount to be deposited with the State.The State will pay all costs harmless from and shall process and defend at its own expense all
incurred under the contract upon presentation of progress billings claims,demands,or suits,whether at law or equity brought against
from the contractor.Following such payments,the State will submit a the Agency,State,or Federal Government,arising from the Agency's
billing to the Federal Government for the federal aid participation execution,performance,or failure to perform any of the provisions of
share of the cost.When the project is substantially completed and this agreement,or of any other agreement or contract connected with
final actual costs of the project can be determined,the State will this agreement,or arising by reason of the participation of the State or
present the Agency with a final billing showing the amount due the Federal Government in the project,PROVIDED,nothing herein shall
State or the amount due the Agency.This billing will be cleared by require the Agency to reimburse the State or the Federal Government
either a payment from the Agency to the State or by a refund from the for damages arising out of bodily injury to persons or damage to
State to the Agency. property caused by or resulting from the sole negligence of the
Method B— The Agency's share of the total construction cost as Federal Government or the State.
shown on the face of this agreement shall be withheld from its No liability shall attach to the State or Federal Government
monthly fuel tax allotments.The face of this agreement establishes the except as expressly provided herein.
months in which the withholding shall take place and the exact
amount to be withheld each month.The extent of withholding will be XI. Nondiscrimination Provision
confirmed by letter from the State at the time of contract award.Upon The Agency hereby agrees that it will incorporate or cause to be
receipt of progress billings from the contractor,the State will submit incorporated into any contract for construction work,or modification
such billings to the Federal Government for payment of its thereof,as defined in the rules and regulations of the Secretary of
participating portion of such billings. Labor at 41 CFR Chapter 60,which is paid for in whole or in part with
Method C—The Agency may submit vouchers to the State in funds obtained from the Federal Government or borrowed on the
the format prescribed by the State,in quadruplicate,not more than credit of the Federal Government pursuant to a grant,contract,loan,
once per month for those costs eligible for Federal participation to the insurance,or guarantee or understanding pursuant to any federal
extent that such costs are directly attributable and properly allocable program involving such grant,contract,loan,insurance,or guarantee,
to this project.Expenditures by the Local Agency for the the following equal opportunity clause:
establishment,maintenance,general administration,supervision,and "DURING THE PERFORMANCE OF THIS CONTRACT,THE
other overhead shall not be eligible for Federal participation. CONTRACTOR AGREES AS FOLLOWS:"
The State shall reimburse the Agency for the Federal share of (a)The contractor will not discriminate against any employee or
eligible project costs up to the amount shown on the face of this applicant for employment because of race,color,religion,sex,or
agreement.At the time of audit,the Agency will provide national origin.The contractor will take affirmative action to ensure
documentation of all costs incurred on the project. that applicants are employed and that employees are treated during
The State shall bill the Agency for all costs incurred by the State employment without regard to their race,color,religion,sex,or
relative to the project.The State shall also bill the Agency for the national origin.Such action shall include,but not be limited to,the
federal funds paid by the State to the Agency for project costs which following:employment,upgrading,demotion or transfer;recruitment
are subsequently determined to be ineligible for federal participation or recruitment advertising;layoffs or termination;rates of pay or
(see Section VIII). other forms of compensation,and selection for training,including
VII. Audit of Federal Aid Project apprenticeship.The contractor agrees to post in conspicuous places,
available to employees and applicants for employment,notices to be
The Agency,if services of a consultant are required,shall be provided by the Agency setting forth the provisions of this
responsible for audit of the consultant's records to determine eligible nondiscrimination clause.
federal aid costs on the project.The report of said audit shall be in the (b)The contractor will,in all solicitations or advertisements for
Agency's files and made available to the State and the Federal employees placed by or on behalf of the contractor,state that all
Government. qualified applicants will receive consideration for employment
An audit shall be conducted by the WSDOT Internal Audit without regard to race,color,religion,sex or national origin.
Office in accordance with generally accepted governmental auditing (c) The contractor will send to each labor union or
standards as issued by the United States General Accounting Office representative of workers with which he has a collective bargaining
by the Comptroller General of the United States;WSDOT Directive agreement or other contract or understanding,a notice to be provided
D27-50,Consultant Authorization,Selection,and Agreement by the Agency advising the said labor union or workers'
Administration;memoranda of understanding between WSDOT and representative of the contractors commitments under this Section
FHWA;and Office of Management and Budget Circular A-128. 11-2 and shall post copies of the notice in conspicuous places available
If upon audit it is found that overpayment or participation of to employees and applicants for employment.
federal money in ineligible items of cost has occurred,the Agency
DOT Form 140-039 3
Revised 6/94