The URL can be used to link to this page

Home My WebLink About14-93 - Res. WSDOT Agreement Plug Mill Bridge Improvements AMIhL Washington State Department of Transp an V V rA W.S.D.O.T.USE ONLY AGENCY FAME&BILLING ADDRESS FEDERAL AID PROJECT NUMBER Mason County Department of Public Works WASHINGTON STATE P. 0. Box 1850 DEPARTMENT OF TRANSPORTATION AGREEMENT NUMBER Shelton, WA 98584 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 Circulars A-102 and A-1 28, (4)the policies and procedures promulgated by the Washington State Department of Transportation and, (5)the Fed- eral-aid Project Agreement entered into between the State and Federal Government, relative to the above project,the Wash- ington 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., col- umn (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 Name Plug Mill Bridge -- 02310 -- 0.04 Length 0.12 Termini Mile Post 0.00 to Mile Post 0.12 -- Plug Mill Road Description of Work Replace a structurally deficient bridge with a new prestressed flat slab concrete bridge. The major items of work include removal of the existing bridge and constructing a new bridge, including guardrails and approach work. ESTIMATE OF FUNDING TYPE OF WORK (2) (3) ESTIMATED TOTAL ESTIMATED AGENCY ESTIMATED PROJECT FUNDS FUNDS FEDERAL FUNDS RE. a. Agency Work ......29.000A.0. ...........400-00. .....I.,.6.00-OD.. b. Other ...... ......1.6.00.1.0.0 A. .....6.24.0.0^00.. c. State Services d. Total PE Cost Estimate (a+b+c) 10,000.00 22000.00 8,000.00 Right-of-Way e. Agency Work ......3,-000-0a ......3.9.(100-00. ......._-0-........ f. Other ........................ ... ............... ....................... g. State Services h. Total R/W Cost Estimate (e+f+g) 3,000.00 3,000.00 -0- Construction i, Contract ....97.,.0.00.00. A 9.,400.00. _77.,60:0_00.. j. Other .......—.............. ........................ ........................ k. Other ........................ ............. ....... I. Other m. Total Contract Costs (i+j+k+l) 97,000.00 19,400.00 77,600.00 Construction Engineering n. Agency ......3.,-9.0.0.00. ..........780..00. .....3*1Z0...00_ o. Other ........................ .................. .... ........................ p. State Forces 1 ,100.00 220.00 880.00 q. Total Const. Engineering (n+o+p) 5,000.00 1 ,000.00 4,000.00 r. Total Const. Cost Estimate (m+q) 102,000.00 20 400.00 81 ,60 .00 s. TOTAL COST ESTIMATE OF THE PROJECT(d+h+r) 115,000.00 23,000.00 92,000.00 Federal participation in Construction Engineering(q)is limited to 15%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 80O/o, 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 s.,column(3).All costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. DOT 140-039(Rev.12/90)-F STATE AD&AWARD CONSTRUCTION METHOD OF FINANCING (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 r.,col.2) in the amount of$ at$ per month for months....................................( ) LOCAL FORCE OR LOCAL AD&AWARD METHOD C Agency Cost Incurred with Partial Reimbursement...................................................................................................(X ) The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condi- tion to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on JarrUary 19 19 93 Resolution/Ordinance No. 14-93 AGENCY O�FF CIAL WASHINGTON STATE BY: . DEPARTMENT OF TRANSPORTATION Q;HAIRMANoCounty C missioners or Mayor A BY: $ Assistant Secretary for Local Programs Date Executed PROVISIONS I SCOPE OF WORK V COMPLIANCE WITH PROVISIONS The Agency shall provide all the work, labor, materials and services The Agency shall not incur any Federal-aid participation costs on any necessary to perform the project which is described and set forth in detail classification of work on this project until authorized in writing by the State in the"Project Description"and"Type of Work." for each classification.The classifications of work for projects are: When the State acts for and on behalf of the Agency,the State shall 1. Preliminary Engineering up to and including approval be deemed an agent of the Agency and shall perform the services 2. Preparation of Plans,Specifications,and Estimates described and indicated in"Type of Work"on the face of this agreement,in 3. Right-of-Way Acquisition accordance with plans and specifications as proposed by the Agency and 4. Project Construction approved by the State and Federal Highway Administration. In the event that Right-of-Way acquisition for,or actual construction of When the State acts for the Agency but not subject to the right of con- the road for which Preliminary Engineering is undertaken is not started by trol by the Agency,the State shall have the right to perform the work subject the closing of the fifth fiscal year following the fiscal year in which the agree- to the ordinary procedures of the State and Federal Highway Administra- ment is executed,the Agency will repay to the State the sum or sums of tion. Federal funds paid to the Agency under the terms of this agreement. (See Section VIII.) II DELEGATION OF AUTHORITY The Agency agrees that all stages of construction necessary to pro- The State is acting to fulfill the responsibilities to the Federal Govern- vide the initially planned complete facility,within the limits of this project,will ment by the administration of this project.The Agency agrees that the State conform to at least the minimum values set by approved AASHTO design shall have the full authority to carry out this administration.The State shall standards applicable to this class of highways,even though such additional review, process and approve documents required for Federal-aid reim- work is financed without Federal-aid participation. bursement in accordance with Federal requirements. If the State adver- The Agency agrees that on Federal-aid highway construction projects tises and awards the contract,the State will further act for the Agency in all the current Federal-aid regulations which apply to liquidated damages rel- matters concerning the project, as requested by the Agency. If the Local ative to the basis of Federal participation in the project cost shall be appli- Agency advertises and awards the project the State shall review the work cable in the event the contractor fails to complete the contract within the to insure conformity with the approved plans and specifications. contract time. III PROJECT ADMINISTRATION VI PAYMENT AND PARTIAL REIMBURSEMENT The total cost of the project,including all review and engineering costs Certain types of work and services shall be provided by the State on and other expenses of the State, is to be paid by the Agency and by the this project as requested by the Agency and described in the "Type of Federal Government. Federal funding shall be in accord with the Surface Work"above. In addition,the State will furnish qualified personnel for the Transportation Assistance Act 1978, Title 23, United States Code, as supervision and inspection of the work in progress.On local agency adver- amended, and Office of Management and Budget Circulars A-102 and tised and awarded projects,the supervision and inspection shall be limited A-128.The State shall not be ultimately responsible for any of the costs of to ensuring all work is in conformance with approved plans,specifications the project.The Agency shall be ultimately responsible for all costs associ- and Federal-aid requirements.The salary of such engineer or other super- ated with the project which are not reimbursed by the Federal Government. visor and all other salaries and costs incurred by State forces upon the Nothing in this agreement shall be construed as a promise by the State as project will be considered a cost thereof. All costs related to this project to the amount or nature of Federal participation in 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. 1. Preliminary Engineering, Right of Way Acquisition and Audit Costs. IV AVAILABILITY OF RECORDS The Agency will pay for Agency incurred costs on the project.Follow- ing such payments,vouchers shall be submitted to the State in the format All project records in support of all costs incurred and actual expendi- prescribed by the State, in quadruplicate, not more than one per month. tures kept by the Agency,are to be maintained in accordance with proce- The State will reimburse the Agency up to the amount shown on the face dures prescribed by the Division of Municipal Corporations of the State of this agreement for those costs eligible for Federal participation to the Auditor's Office, the U.S. Department of Transportation and Washington extent that such costs are directly attributable and properly allocable to this Department of Transportation.The records shall be open to inspection by project. Expenditures by the Local Agency for the establishment, mainte- the State and Federal Government at all reasonable times and shall be nance, general administration, supervision, and other overhead shall not retained and made available for such inspection for a period of not less be eligible for Federal participation. than three years from the final payment of any Federal-aid funds to the The State will pay for State incurred costs on the project. Following Agency.Copies of said records shall be furnished to the State and/or Fed- payment,the State shall bill the Federal Government for reimbursement of eral Government upon request. those costs eligible for Federal participation to the extent that such costs DOT 140-039(Rev.12/90)-F are directly attributable and properly allocable to this project. The State IX TRAFFIC CONTROL,SIGNING,MARKING,&ROADWAY shall bill the Agency for that portion of State costs which were not reim- MAINTENANCE bursed by the Federal Government.(See Section VIII.) 2. Project Construction Costs The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior Project construction financing will be accomplished by one of the approval of the State and Federal Highway Administration.The Agency will three methods as indicated in this agreement. not install or permit to be installed any signs,signals or markings not in con- formance with the standards approved by the Federal Highway Administra- METHOD"A": tion and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. The Agency will place with the State, within twenty (20) days after the execution of the construction contract an advance in the X INDEMNITY 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 The Agency shall hold the Federal Government and the State harm- amount to be deposited with the State. The State will pay all costs less from and shall process and defend at its own expense, all claims, incurred under the contract upon presentation of progress billings demands, or suits whether at law or equity brought against the Agency, from the contractor. Following such payments,the State will submit a State or Federal Government,arising from the Agency's execution,perfor- billing to the Federal Government for the Federal-aid participation mance, or failure to perform any of the provisions of this agreement,or of share of the cost. When the project is substantially completed and any other agreement or contract connected with this agreement,or arising final actual costs of the project can be determined the State will by reason of the participation of the State or Federal Government in the present the Agency with a final billing showing the amount due the project, PROVIDED, nothing herein shall require the Agency to reimburse State or the amount due the Agency. This billing will be cleared by the State or the Federal Government for damages arising out of bodily either a payment from the Agency to the State or by a refund from the injury to persons or damage to property caused by or resulting from the State to the Agency. sole negligence of the Federal Government or the State. No liability shall attach to the State or Federal Government except as METHOD"B": expressly provided herein. The Agency's share of the total construction cost as shown on XI NONDISCRIMINATION PROVISION the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in The Agency hereby agrees that it will incorporate or cause to be incor- which the withholding shall take place and the exact amount to be porated into any contract for construction work,or modification thereof,as withheld each month.The extent of withholding will be confirmed by defined in the rules and regulations of the Secretary of Labor at 41 CFR letter from the State at the time of contract award. Upon receipt of Chapter 60,which is paid for in whole or in part with funds obtained from progress billings from the contractor,the State will submit such billings the Federal Government or borrowed on the credit of the Federal Govern- to the Federal Government for payment of its participating portion of ment pursuant to a grant,contract,loan,insurance or guarantee or under- such billings. taken pursuant to any Federal program involving such grant,contract,loan, insurance or guarantee,the following equal opportunity clause: METHOD"C": "DURING THE PERFORMANCE OF THIS CONTRACT,THE CONTRAC- TOR AGREES AS FOLLOWS:" The Agency may submit vouchers to the State in the format pre- (a)The contractor will not discriminate against any employee or appli- scribed by the State,in quadruplicate,not more than once per month cant for employment because of race,color,religion,sex,or national origin. for those costs eligible for Federal participation to the extent that such The contractor will take affirmative action to ensure that applicants are costs are directly attributable and properly allocable to this project. employed and that employees are treated during employment without Expenditures by the Local Agency for the establishment, mainte- regard to their race,color,religion,sex or national origin.Such action shall nance,general administration,supervision,and other overhead shall include,but not be limited to the following:employment,upgrading,demo- not be eligible for Federal participation. tion or transfer; recruitment or recruitment advertising; layoffs or termina- The State will reimburse the Agency for the Federal share of eli- tion;rates of pay or other forms of compensation and selection for training, gible project costs up to the amount shown on the face of this agree- including apprenticeship. The contractor agrees to post in conspicuous ment.At the time of audit,the Agency will provide documentation of places,available to employees and applicants for employment, notices to all costs incurred on the project. be provided by the Agency setting forth the provisions of this nondiscrimi- nation clause. The State shall bill the Agency for all costs incurred by the State rela- (b) The contractor will, in all solicitations or advertisements for tive to the project.The State shall also bill the Agency for the Federal funds employees placed by or on behalf of the contractor,state that all qualified paid by the State to the Agency for project costs which are subsequently applicants will receive consideration for employment without regard to determined to be ineligible for Federal participation(See Section VIII). race,color,religion,sex or national origin. VII AUDIT OF FEDERAL AID PROJECT (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other con- The Agency,if services of a Consultant are required,shall be resson- tract or understanding,a notice to be provided by the Agency advising the sible for audit of the Consultant's records to determine eligible Federal-aid said labor union or workers' representative of the contractor's commit- costs on the project.The report of said audit shall be in the Agency's files ments under this section 11-2 and shall post copies of the notice in conspic- and made available to the State and the Federal Government. uous places available to employees and applicants for employment. An audit shall be conducted in accordance with Office of Management (d) The contractor will comply with all provisions of Executive Order and Budget Circular A-128. 11246 of September 24, 1965 and of the rules, regulations and relevant If upon audit it is found that an overpayment,or participation of Fed- orders of the Secretary of Labor. eral money in ineligible items of cost,has occurred,the Agency shall reim- (e) The contractor will furnish all information and reports required by burse the State for the amount of such overpayment or excess Executive Order 11246 of September 24, 1965 and by the rules and regu- participation.(See Section Vlll.) lations and orders of the Secretary of Labor, or pursuant thereto and will permit access to his books,records and accounts by the Federal Highway Vlll PAYMENT OF BILLING Administration and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. The Agency agrees that if payment or arrangement for payment of (f)In the event of the contractor's noncompliance with the nondiscrim- any of the State's billing relative to the project(e.g.State force work,project ination clauses of this contract or with any of such rules, regulations or cancelation,overpayment,cost ineligible for Federal participation, etc.) is orders,this contract may be canceled,terminated or suspended in whole not made to the State within 45 days after the Agency has been billed,the or in part and the contractor may be declared ineligible for further Govern- State shall effect reimbursement of the total sum due from the regular ment contracts or Federally assisted construction contracts in accordance monthly fuel tax allotments to the Agency from the Motor Vehicle Fund.No with procedures authorized in Executive Order 11246 of September 24, additional Federal project funding will be approved until full payment is 1965 and such other sanctions may be imposed and remedies invoked as received unless otherwise directed by the Assistant Secretary for Local provided in Executive Order 11246 of September 24, 1965 or by rule,reg- Programs. ulation or order of the Secretary of Labor,or as otherwise provided by law. DOT 140-039(Rev.12/90)-F (g) The contractor will include the provisions of this section 11-2 in the program with respect to which the failure or refusal occurred until sat- every subcontract or purchase order unless exempted by rules,regulations isfactory assurance of future compliance has been received from the or orders of the Secretary of Labor issued pursuant to Section 204 of Exec- Agency;and utive Order 11246 of September 24, 1965 so that such provisions will be (c) Refer the case to the Department of Justice for appropriate legal binding upon each subcontractor or vendor.The contractor will take such proceedings. action with respect to any subcontract or purchase order as the Agency, WA Dept.of Transportation or Federal Highway Administration may direct XII LIQUIDATED DAMAGES as a means of enforcing such provisions including sanctions for noncom- The Agency hereby agrees that the liquidated damages provisions of pliance: Provided, however, that in the event a contractor becomes 23 CFR Part 630, Subpart C and Volume 6, Chapter 3, Section 1 of the involved in, is threatened with litigation with a subcontractor, may Federal-aid Highway Program Manual, as supplemented, relative to the request the United ited States to enter into such litigation to protect the interests of the United States. amount of Federal participation in the project cost,shall be applicable in the The Agency further agrees that it will be bound by the above equal event the contractor fails to complete the contract within the contract time. opportunity clause with respect to its own employment practices when it Failure to include liquidated damages provision will not relieve the Agency participates in Federally assisted construction work: Provided, that if the from reduction of Federal participation in accordance with this paragraph. applicant so participating is a State or local government,the above equal XIII TERMINATION FOR PUBLIC CONVENIENCE opportunity clause is not applicable to any agency, instrumentality or sub- division of such government which does not participate in work on or under The Secretary,Washington State Department of Transportation may the contract. terminate the contract in whole,or from time to time in part,whenever: The Agency also agrees: (1)The requisite Federal funding becomes unavailable through failure g y g of appropriation or otherwise. (1) To assist and cooperate actively with the State in obtaining the (2) The contractor is prevented from proceeding with the work as a compliance of contractors and subcontractors with the equal opportunity direct result of an Executive Order of the President with respect to the pros- clause and rules,regulations and relevant orders of the Secretary of Labor. ecution of war or in the interest of national defense;or an Executive Order (2) To furnish the State such information as it may require for the of the President or Governor of the State with respect to the preservation supervision of such compliance and that it will otherwise assist the State in of energy resources; the discharge of its primary responsibility for securing compliance. (3)The contractor is prevented from proceeding with the work by rea- (3)To refrain from entering into any contract or contract modification son of a preliminary, special or permanent restraining order of a court of subject to Executive Order,11246 of September 24,1965 with a contractor competent jurisdiction where the issuance of such order is primarily caused debarred from, or who has not demonstrated eligibility for, Government by the acts or omissions of persons or agencies other than the contractor; contracts and Federally assisted construction contracts pursuant to the or Executive Order. (4)The Secretary determines that such termination is in the best inter- (4)To carry out such sanctions and penalties for violation of the equal ests of the State. opportunity clause as may be imposed upon contractors and subcontrac- tors by the State,Federal Highway Administration or the Secretary of Labor pursuant to Part II,subpart D of the Executive Order. For the convenience of the parties to this contract,it is agreed that any In addition,the Agency agrees that if it fails or refuses to comply with claims and/or causes of action which the Local Agency has against the these undertakings,the State may take any or all of the following actions: State of Washington,growing out of this contract or the project with which (a)Cancel,terminate or suspend this agreement in whole or in part: it is concerned, shall be brought only in the Superior Court for Thurston (b)Refrain from extending any further assistance to the Agency under County. ADDITIONAL PROVISIONS DOT 140-039"^ev.12/90)-F