HomeMy WebLinkAbout17-93 - Res. WSDOT Agreement Mason County Transportation Plan Washington State Department of Transp sign
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W.S.D.O.T.USE ONLY
AGENCY NAME&BILLING ADDRESS FEDERAL AID PROJECT NUMBER
Mason County WASHINGTON STATE
Dept. of Public Works DEPARTMENT F TRANSPORTATION
P. 0. Box 1850 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-128, (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,theWash-
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 Mason County Transportation Plan Length
Termini
Description of Work
To complete the transportation element of Mason County's Comprehensive Plan as
required by the Growth Management Act. This will entail long range planning efforts
to ensure that future land use and/or regulatory changes can be effectively
evaluated, and will also cover the concurrency management requirement.
ESTIMATE I G
TYPE F WORK (2) (3)
ESTIMATED TOTAL ESTIMATED AGENCY ESTIMATED
PROJECT FUNDS FUNDS FEDERALFUNDS
. a. Agency Work ..267..,.0.0.QA0 ...36.,0..45_00.. .230. 955...00.
b. Other ........................ ........................ ........................
c. State Services 1 ,000.00 135.00 8fis-00
d. Total PE Cost Estimate (a+b+c) 268,000.00 36,180.00 231 ,820.00
Right-of-Way e. Agency Work ......I................. ........................ ........................
f. Other
........................ ........................
g. State Services
h. Total R/W Cost Estimate (e+f+g)
Construction i. Contract ........................ ........................ ........................
j. Other ........................ .....I.................. ........................
k. Other ........................ ........................ ........................
I. Other
m. Total Contract Costs (i+j+k+i)
Construction Engineering
n. Agency ........................ ......................... ........................
o. Other ........................ ........I............... .....................
p. State Forces
q. Total Const. Engineering (n+o+ )
r. Total Const. Cost Estimate (m+q)
S. TOTAL COST ESTIMATE
OF THE PROJECT(d+h+r) 2680®®.®® 36,180.00 231 ,82 .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 %,
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
CONSTRUCTION METHOD OF FINANCING (Check Method Selected)
STATE AD&AWARD
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 X 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 i- 19 Resolution/Ordinance No. 93
AGENCY OFFICIAL
WASHINGTON STATE
BY: DEPARTMENT OF TRANSPORTATION
CHAIRMAN,('outy Co missioners or Mayor
BY:
Assistant Secretary for Local Programs
Date Executed
PROVISIONS
I SCOPE OF WORT( 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
conform
ment 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 standardss applicable
least the minimum values set plicable to this class of highways,,even though such additional
approved AASHTO design
work is financed without Federal-aid participation.
review, process and approve documents required for Federal-aid reim- The Agency agrees that on Federal-aid highway construction projects
bursement in accordance with Federal requirements. If the State adver- the current Federal-aid regulations which apply to liquidated damages rel-
tises and awards the contract,the State will further act for the Agency in all ative to the basis of Federal participation in the project cost shall be appli-
matters concerning the project, as requested by the Agency. If the Local cable in the event the contractor fails to complete the contract within the
Agency advertises and awards the project the State shall review the work contract time.
to insure conformity with the approved plans and specifications.
III PROJECT ADMINISTRATION VI PAYMENT AND PARTIAL REIMBURSEMENT
Certain types of work and services shall be provided b the State on The total cost of the project,including all review and engineering costs
Yp P Y 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 1, Preliminary Engineering, Right of Way Acquisition and Audit
payrolls and vouchers shall be charged as costs of the project. 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 di State IX TRAFFIC CONTRO�, ~xGN|NG.MARKING,&ROADWAY
shall bill the Agency for that portion m State costs which were not mim' MAINTENANCE
bumvdby the Federal Government.(See Section V|||l
The Agency will not permit any changes tobo made in the provisions
2. Project Construction Costs for parking regulations and traffic control un this project without prior
Project construction financing will ba accomplished by one u/ the approval'd the State andFederal Highway Administration.The
three methods aa indicated in this agreement. not install or permit*nba installed any signs,signals or markings not in con-
formance widk0houtandmduuppmvodbythoFoderalHighwayAdminiotra
METHOD''X: oon and MUTCD. The Agency will, at its own expen»o, 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'd the total construction cost based nn
the contract award. The State will notify the Agency of the exact The Agency shall hold the Federal Government and the State harm-
amount»o be deposited with the State. The State will pay all oo»m |oau from and shall pmooxo and defend at its own oxponse, all o|aimo,
incurred under the contract upon p,000manon o/ progress billings demando, o, suits whether au law o, equity brought anain�the Agency,
(m co
ntractor.FoUowingsuch payments,the State wiU State S� Federal Go
vernment,mmont ahu�gymmthe Agency's execution, do
biUing to the Federal Government for the Federal-aid participation manue, n,failure/o perform any o/the provisions n/this ag,00m*n/, or of
share of the cost. When the project in substantially and any other agreemento,contract connected with this agreement,orarising
Une| actual costs o/ the project can be determined the State will by reason of the participation of the State o, Fodv,u| Government in the
present the Agency with a final billing showing the amount due the project, PROVIDED,nothing herein shall require the Agency mreimburse
State urthe amount due the Agency. This billing will be o|eo,eg by the State or the Fogo,a| Government for damages arising out of bodily
either a payment from the Agency to the State orbyu refund from the injury to persons nr damage m property caused uyor resulting from the
State on the Agency. sole negligence of the Federal Government o,the State.
No liability h ||aoauhtothaS\auoorFedera|Gnvernmontexcoptav
METHOD"B'': expressly provided herein.
The n| NONDISCRIMINATION PROVISION
monthlythe face of this agreement shall be withheld from its
fuel tax
al|mmama The face of this agreement establishes the months in The Agency hereby agreesNmitvw||incoqmmuou,oauao*oboinuo
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
Govern-
to the Federal Government for payment v!its participating portion of mentpumuunt toa grant,contract,loan,insurance or guarantee o,under-
such biUingo. taken pursuant to any Federal programin,o|vingouuxg,ant.00nvaot.|oan.
insurance o/guarantee,the following equal opportunity clause:
mETHOD^C^: "DURING THE PERFORMANCE DF THIS CONTRACT,THE CONTRAC-
TOR AGHEESAGFOLLOVVS:"
The Agency b it vouchers to the State in the format (a)The contractor will not discriminate against any employee nn*p,
scribed by the State,in quadruplicate,not more than once per mmm/ cant for employment because m race,color,religion,sex,ur national origin.
for those costs eligible for Federal participation to the extent that such The contractor will take affinnudva 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 Local Agency for the outab|iuhmom, maimo' regard»o their race,color,religion,sex o,national origin.Such action shall
nanua.generaladministration,xupomision.endmke,ovo,hoadahai| 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- hnn;rates v/pay u,other forms nf compensation and selection for training,
gib|e project costs upto the amount shown on the face m this agree- including appremi om The contractor agrees m posticonspicuous
mant. m the time o/audit,the Agency will provide uoovmontohun of p|aoon, available to employees and applicants for employment, notices to
all costs incurred on the project. bo provided by the Agency setting forth the provisions of this nondino,imi'
nmionu|ause�
The StmesovUuiUm m the Agency in
curred (b) The contractor will, in all solicitations or advertisements 'u,
n�am the pm�o�The 8��oh�|�onbiUthe*go�yfor the Federal funds `
paidby�hoS�oxemthoAgonoy�q�No�roo�owhioho,euvba*q"onUy em�oY*«splaced bYnron behalf uf the oont,uo�r.state that all qva|med
de�*,min*d�uboinoUgib|o�o,Fodoru|pa�ioipouiun(S�oSouunnvm) applicants will receive consideration for employment without regard to
race,color,religion,sex o,national origin.
Nl AUDIT OF FEDERAL AID PROJECT k1 The contractor will send to each labor union o,representative of
workers with which» has collective bargaining m or other con-
TheAgonov,if services da Consultant are required,shall u*,*n tract v/ understanding,unotice o""p= �, """'the Agency advising "the
sim*for m m m audit of m � m de
termine Federal-aid said labor union or workers' mthe r» commit-
costs on th project.The reportm said audit shall boin the Agency's files mems under this section n'c and shall post copiesof the notice/nounsp/o'
andmageavai|allovo1hoStewamdthoFodondSo"emm*m. uouu places available^o employees and applicants for employment.
An audit shall uo conducted in accordance with Office ofManagement (d) The contractor will comply with all provisions n( Executive Order
and Budget Circular A-1ua. 1124aof September e4. 1oss and n,the rules, regulations and relevant
|f upon audit itis found that on overpayment,o,participation o/Fed- orders oi the Secretary nfLabor.
e,o|money in ineligible items o/cost,has occurred,the Agency shall mim' (e) The contractor will furnish all information and reports required br
bursa the State for the amount of such overpayment o, *xoo»s Executive Order 11u4Oof September u4. 1eso and by the rules and mgu'
participation.(See Section vUi) |uonnn and orders of the Sovmtmv of Labor, or pursuant thereto and will
permit access»o his books,records and accounts by the Federal Highway
VU| PAYMENT OpBILLING Administration and the Secretary of Labor for purposes n/investigation tn
ascertain compliance with such rules, regulations and orders.
The Agonoyagrees thmif payment u, ar/an t for payment of <0 m the event of the oomru�o/snoncompliance with the nondino,im'
th
e S ' billing relative h project State force work,pciom inadon duuoos of this contract or with any of such m|oo, regulations o,
oanca|ation,overpayment,cost ineligible for Federal participation, etc.) is ondom,this contract may be canceled,terminated or suspended in whole
not made m the State within 4s days after the Agency has been billed,the orin part and the contractor may bo declared ineligible for further Govern-
State ohaUo0ectmimbvmemonto, thotota| sumdvehom \xamgubr moot contracts o,Federally assisted construction contracts inaccordance
monthly fuel tax allotments to the Agency from the Motor Vehicle Fund.No with p,uoouumo authorized in Executive Order 11u4so, September o4.
additional Federal project funding will bo approved und| mnpuvmontia 1e6o and such other sanctions may bo imposed and remedies invoked av
received un|oou otherwise directed by the Assistant Secretary for Local provided in Executive Order 11u48of September 24. 1eS5ndby rule,mA'
Programs. v|ationo,order n/the Secretary of Labor,o,ea otherwise provided bylaw.
(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, or is threatened with litigation with a subcontractor, he may Federal-aid Highway Program Manual, as supplemented, relative to the
request the United States to enter into such litigation to protect the interests amount of Federal participation in the project cost,shall be applicable in the
of the United States.
The Agency further agrees that it will be bound by the above equal event the contractor fails complete the contract within the contract time.
Failure to include liquidated damages provision will not relieve the Agency
opportunity clause with respect to its own employment practices when it
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
9 Y 9 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 ll,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(Rev.12/90)-F