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HomeMy WebLinkAboutRES 2258 p : CITY OF RENTON , WASHINGTON RESOLUTION NO . 2258 WHEREAS the City of Renton , Washington, has heretofore made application for certain Federal and State Aid Grant Projects , and WHEREAS the implementation of said projects requires the execution of certain documents relating thereto including the allocation and expenditure of Federal Railroad Protection Funds , NOW THEREFORE THE CITY COUNCIL OF THE CITY OF RENTON DO RESOLVE AS FOLLOWS : SECTION I : The above recitals are hereby found to be true and correct . SECTION II : The Mayor and City Clerk of the City of Renton, Washington are hereby authorized and directed to execute and deliver unto appropriate governmental agencies any and all documents relating to the allocation and expenditure ofFederal Railroad Protection Funding including the following project description , to-wit : SW 43rd (S180th) Street , East Valley Road to West Valley Road ( a joint project with the City of Kent , Washington) which said project includes certain Railroad Bridge construction improvements . SECTION III : The City Clerk is hereby authorized to certify this Resolution in sufficient copies and furnish same to the appropriate governmental agencies . PASSED BY THE CITY COUNCIL this 2nd day of April , 1979. 2 -L G7. mea.d Delores A. Mead, Cit9,Clerk APPROVED BY THE MAYOR this 2nd day of April , 1979. Charley/ J. Delaurenti , Mayor Approved as to Form: Lawrence J . Wa ren , City Attorney ATTACHMENT "A". , ' 1 RESOLUTION O. 2258 - '' FEDEgAI AID PROJECT:NUMBER ` ':'::''E ''''':': AQifENCY GAG ,�015_7 g WASHINGTON STATE C t TY 0f RENTON DEPARTMENT OF TRANSPORTATION AGREEMENT NUMBER - CITY/COUNTY AGREEMENT [,_ U.S. The Local'Agency having complied, or hereby agreeing tot co 3 ly.thwith pol t es e taerms and conditionsnd dproset forth in th e Washington23US. Code'Highways, (2) the regulations issued pursuant there , ( � entered into between the State and Federal State Department of Transportation and, (4) the Federal-aid Project Agreement Government, relative to the above project,the Washington State nds.which ofatorabnesobbliga ed will theauthorize projecthmay not exceed to proceed on the project:.by a separate notification. the amount shown herein,without written authority by the State,subject to the approval of the Federal Highway Administrator. The balance of the total project cost shall be the obligation of the Local Agency. ' PROJECT DESCRIPTION , SW 43rd St. Grade Separation Length Name Termini SW 43rd St. at BN RR & CMSt.P. Raiinoad Crossing , Description of Work provide grade separation by constructing i den i tiger-crOSS I ngSrSto car carry lanee s railroad traffic. This is in conjunction with" theW.s.D.O.T. USE ONLY etog IFC ICS • r,Waft App' Date } r FMWA RW a' a k l'"::.1 r - 4 ti.5` MiWA Co* a App. Dasa � y44 Pyr;• ESTIMATE'.., a,4.„1. r` Work Order Cl xo O t, 0,/,,,,),,,, ,, , til Tv�ow woRx ." (3) • , , . Accaur#tingCi 0 C) ,, , • E61una d Total fEatimated Estimated Plan, RVI oo ProieC.Funds Agency Funt A P rat R ,.', k 4 ' - , ; P.E. a. Agency Work ., x + 4 b. State Services Y y c. Other ......... ...:.. ...... :.... , _ ,w d. Total Prelim: Eng.Costs&Estimat Right-of-Way e. Agency Work + v` ' l 1. State Services o 1 ,, g. Other h. Total RNV Cost Estimate •+' 8 '000 T?510.99 b t, , 850 aOtl0, Construction i. Contract ............... . _00 1.„,,,500. ..417!..5.00... .3,,,50V i 2 i..5. y Engineering {i• Agency rce. .rce3.01)50„:11)07Q90.. ,0 . _1s .l3 5.Q p,re }5 % ilk. Skate Forces •0). �,�s Auth. m other . •. . .. •, . sr t i. n Other 1 000,000 i00,.Q0 900,000 cite o. Total Construction Cost Estimate _ f ' �> p: TOTAL COST ESTIMATE OF THE 1,000,000 100,000 900,000 , f• ,r � }, PROJECT i it The Federal-aid participation rate in this project will be determined by the Federal Government.mm int.The agreemrties expect ent is entered what ttwell be 9f] %, however,it is understood that the rate may vary.The Local Agency agrees upon anyrepresentationagrees by the State made outside fuf this ture actionsct,or contained herein,as to what the Federal participation ra w I with respect to the project Covered by this agreement upon pas.be. a t, or future ere thateit willo not condition any u current, or representations as to the Federal participation rate.The dollar amount of Federal participation cannot exceed ithe Federally funded portion of this agreement will be provided by the Local Agency. amount shown in column (3).Costs exceeding CONSTRUCTION METHOD OF FINANCING (Check Method Selected) STATE AD &AWARDon Contract Award) ( ) METHOD A Advance Payment-Agency Share of Total Construction Cost (Based METHOD B Withhold From Gas Tax the Agency's Share of Total Construction Cost (line o.,col.2) )• in the amount of $ at $ — per month for --months ( LOCAL FORCE OR LOCAL AD&AWARD ..•• ( X ) METHOD C __.x Agency Cost Incurred with Partial Reimbursement _ •• .• cedures,and as TeLocal Agency further stipulates that pursuant to said iwil colregulationsitthe applicable provisions set forth on the reverse to paymecondition nt of the Federal funds obligated., it accepts 19 T Resolution/Ordinance No. hereof. Adopted by official action ren AGENCY OFFICIAL WASHINGTON STATE DEPARTMENT OF TRANSPORTATION gMalri¢AA+irC.oWiW+Co+"�wsinarc/Mayor:� ,' _ .. ATTEST, state A;d Ergi+leer City Clerk bate Executed FORM 140-039 - DQT Rewseo 12na 5 .r - • r S.ProleCt fen Caab Project construction financing will be accomplished by one of the.three f ffiCOPE Oir WORK • methods es indicated the first Page of the agreement' The Agency shall provide all the work,labor,materials and services necee- lAETHOD'"A ary to perform the project which is described.and set.forth el,dealt#n the „D D will face with the State i�rithka twenty (20) days after the "Prefect Description.'the State acts "Tran of Work." ,,,.execution of the construction contract an advance in the amount of the Agency's When the agent of farad on behalfllof the Agency the State bsedfane nettfy'the Agency;of the exact amount to be daposited;with the State.The State deemed an the Agency and Shaft perform the services'sies,Critied and share of the total aor►atitrcHrrsrri cost based err the contract award.The State will indicated in"Type of Work"on the face of this agreement in accordance with its incurred under the contract-upon presentation of progress pinnal end specifications as proposed by the Agency and approved by ttt+R wilt par` the State will submit :pill3ngs ft* ��.FWbvWng such Paytngnts, State and Federal Highway Administration. Federal rflment for the 1 edenti-aid participation share of• When the`state acts for the Agency but not submit to thi.rigth . j f control ;a cost. the. project.is subsea»tinge completed and final actual costs of by the Agency,the State shall have the right to perform the work;subject to the the cost. rtdna the State will present the Agency with a first the project be ordinary procedures of the State and Federal Highway+Administration• billing showing the amount due the State or the amount due the Agency This billing will be Cleared by either 0 payment from the agency to the State or by a N'DELEGATION OF AfJtHORlTY ;refund from the State to the Agency. mart by ." Tile State is acting to fulfill the responsibiF#ti ta to the rasa that ede(*l�Gov elR he n ttx+ S»administration of this project.The Agencyag T�-S4,,": ahartl • :tg1a1 6ttuatttln •ae.,, on the faCelrN this .; frill authority tO carry out this administration.rel State shalt rev acct ansa and l, *throve documents required for Federal-aid-reimbursement in accordance a with K, agreerttent shell t •wlttnfrrgsf frorrr its monttrly fuel tax aNntments.The face of this Federal requirements.If the State advertises and awards the conhact the State Wirt tabtish4a tete months in which tea withholding shall take place sled Will further act for the Agency in ea matters corka the oroiac.ec•t9oue tate .;the exact a• tit to he Withheld each month The extent of withholding will be by the Agency If the Local Agency advertises and awards the'pr s i .1/4 letter.from the State et the tint*of contract award.Upon receipt of shalt review the work to insure conformity with the approved Ptarie and sPecmir P pnn�greilal billings fret the contratCidr,the Stale wtit submit such billings to the rations. t ant for payment of its par3icipatine portion of such billings- n Fit }. tIi PROJECT ADMINISTRATION '` ' ' ', Certain types of work and services shall lie provided by•the State on this its . project as requested by the Agency and described in the"TyPtIol ortt"above in f The, ligerfGy slaty slsbrritt vf►uct►ers!o the State in the format prescribed by the addition, the State will furnish qualified Personnel for Sire sopeMalon and ' mete,; t triPliCete.fait era than octce per month,for costs actually incurred or and awarded aleunilt theAgenncyfor the Federal share ofthe actual direct Inspection of the work in progress:On.tocel agency advertised, f • . specified ikpratauptotheanwu+tishown projects the supervision and inspection shall be limited to err ing all work loin alr�#rAglkted�PR► at the Conformance with approved plans,specifications and Federal-aid.requirementsttar!facept this agreement At the line of requesting the State to audit. ;The salary of such engineer or other supervisor and ail other-eateries and costs r .'s on l A the.ltwgen y wits beotgaable of documenting pay :Incurred by State forces upon the project will be considered a eft thereof All t on project ., a ,, " costs related to this project incurred by employees of the State In the customary : 77 oft State s billings relative to the manner on highway payrolls and vouchers shall be chargedas Cons of the project ,;r n y agneas tfistlf payment of any IziO10ctlenot made hitt*State within 45 days atter the Agency has been bitted,the IV AVAILABILITY OF RECORDS , State shell effect reimbursement of the total awn due from monthly fuel tax All project records in support of all costs incurred and actest expenditures' .ellotrraent,whIdt.theAgericy is normatiyentitledto receive from the Motor Vehicle kept by the Agency, are to be maintained in accordance with procedures Fund , prescribed by the Division of Municipal Corporations of the StateAuditor"s Office, the U.S. Department of Transportation and Washington Department of transportation.The records shall be open to inspection by the State end Federal • . Government at all reasonable times and shall be retained and made available for . Vii AuDit OP PEDERAl.AID PROJECT nosh Inspection for a period of not lase than three years from the final payment of 1 he AIRY,if of a Corsatsltant are.i egss#ed,stroll:be raspo ti s Ya audit pf the..,.f services Co determine requ ate s ell be d taste ora Nie any federal-aid funds to the Agency.t upon requestof said records shall ba turniahed t0 rt of nt's rerdit shto dein mine a eligible flies and madeosts nth► the State and/or federet Government upon , prpte .Therepo the State and the Federal Goovernment. F co son the V COMPUANCE WITH PROVISIONS. The State shell audittFieAgency's recoMafor etiglble adoral The Agency shall not incur any Federal-aid participation costs on any .project,„„ d ttrat en overpayment or Participation•of Federal clarification of work on this project until authorized In writing;by the State for jr'upon audit it is fourshah ralmfwran the each classification.The classifications of work for projects are: money in ineligible items of cost,hasoccurred, Agency heib free the l . Stats upon demafld or die armour► 'x4°3.1°111. 1.'Proliminary Engineering Up to and including design ap�brova '. 2. Preparation of Plans,Specifications,and Estimates , 3. Right-of-Way Acquisition --- TRAFFIC 'CONTROL SIGiNiNElir MARKING, & ROADWAY 4. Project Construction MAINTENANCE• - In the event that Right-of-Way acquisition 'The,Agency will not permit arty Changes to tie made in the provifor,or actual construction of tirowithout priorePProvatofthe g theonthisproIect road for which PreliminaryEngineering is undertaken isnot started by � "' panting regulations arrdtratlk control will not install or permit to of the fifth fiscal year following the fiscal year inwhichthe agreement isexecuted. State and Federal Highway Administration.The Agency the Agency will repay to the State the sum or sums of Federal funds paid to the be Installed any signs.signals or markings not in conformance with theatandasds Agency under the terms of this agreement. approved by the Federat•t4ighwaY Administration and MUTCD.TheAgenxay•v ill, -The Agency agrees that all stages of construction necessary to provide the at 30U rsvrn'r. n8e, maintain the improvement covered`by this agreement. Initially Planned complete facility,within the limits of this project,will confotin til at least the minimum values set by approved AASHTd design standards• '.applicable to this class of highways,even though such additional work is financed IX INDEMNITY �r without Federal-aid participation: The Agency shalt hold the Federal Government*rid the Stets harmless from The Agency agrees that on Federal-aid highway construetior projects the and'shell Process and defend at its own expense.all cl €ms, State Federal current Federal-aid regulations which apply to liquidated damages reiativeto the whether IDN or 'equity brought against the Agency, or failure to applicable whether et from the agency's execution performance, basis of Federal participation in the project cost shall be app' torcon- contractor faits to complete the contract within the contract time. p@AOtm any of the llrGrltai0rr$Qtthis agreement.orPiany other agr'9Ambn usrr of reason of the pa CIPet VI PAYMENT AND PARTIAL REIMBURSEMENT tract connected with this agreement.or arising by the State or Federal Government In the project,PROVIDED.nothing beret-nota" The total cost of the project,including all review and engineering costs and require the Agency to reimburse the State or the Federal Govemmernt fordetna s. o other expenses of the Stale, is to be paid by the Agency and by the Federal arising out of bodily injury to persons the r Federal damage torn property.t ib ti Government.Title 2 Federal funding ode be in accord with the Federal Highway Act of resulting liability s ty st?�� ligence Ch to the State or Federal Government except es 1998,Title 23,United States Code. 1. Preeminent Engineering.Rhsht-of-Way Acqulsition and Audit Costs expressly providedherein. The Agency will pay for Agency incurred costs on the project,following such ' RIMINA' ON jlOyi8I0li1 payments,vouchers shalt be submitted tothe State in the format prescribed by the X INONDisc State,in triplicate,.not more than one per month.The State.will reimburse the MINAagr"P"t VI tit„ n Ca to be q a tgd Agency for the Federal share of the actual direct and related indirect project T eAgerray costs at the specified pro rata up to the amount shown on the'tace of this agree- es lContract r 1 work, }€1. F ment. n thereof,as definedtn the nanulions of � of Labor st 4CRChapter 60wte la paid obtained front the ral The ment Or will pay for State incurred theAgency's on the project.ecc st dig apes payment'. „for rowed onto mempart of the fora Government Pursuant to a grant act, then shall bill the Agency ver for the or hey's share the te andpursuant to anyFederal p ram • billing to the Federal Government for the Federal share at the speCilied pro_ }oan,,irtsurence or guarantee or undertaken rate if elected for participation and indicated under"FUNDING”art the first invoiving unsuu gra t;contract;loan,insurance or guarantee.the followingequal • ity se: page of this agreement. FOAM td0 Os9 B DO Y' R inEO 12/T8 t , i µ�thid THE PERFORMANCE OF THiS CONTRACT,THE CONTRACTQFI k itis furflistr the te',such information alt ,it rflay require for•the zrAGftEES AS FOLLOWS." . ' W"p�oti1 't complifirse fad,that it wits otftetwistt Moist the State in the (al The contractor will not discriminate against any employes or apptiCenf for cit g+i^ Ot �,Pot*bgi y for securing eutce• {fetl?pioynlent because of race, color religion, sex, or national Origin, The (*'To refrain Into any contract'or Contract modification ,'t© Executive Ordeir 11246 of September 24'1966 with a contractor -.lila,emtoyeesaketreateativaaCtiontCertsure nt ithoutrt eardtonts ttemrace.cployed.and ,..40614/41-�edf .owhoftatirrOldemonatretedaNgiblatyfar.0 Government titan ion,employees are treated during Such actiom shall without buttrdto b their rated Color, co ructien contracts pursuant to the Executive Order retrgion,sex or national origin. action Include. not be limited tothe and Federally assisted following: employment upgrading, demotion or transfer recruitment or f4t.To ry=ou uctt`sanctkxfs and penalties for violation of the equal recruitment advertising: layoffs Or termination; rates of pay or other forms of „opportunity'clause may be imposed upon contractors and subcontractaf# compensation and selection for training, Including apprenticeship. ,;;by the State, FedereltHighway Administration or the Secretary of Labor pur- contractor agrees to post in conspicuous pieces,available to employees and ,`suet*to PartIt,subpart II of the Executive Order: applicants for employment,notices to be provided by the Agency setting forth the in-addition,the Agency agrees that if it fails or refuses to comply with these provisions of this nondiscriminationclause. , , undert'etkulge.: the Slate May take any or all of the following actions: (b) The contractor will,in all solicitations or advertisements for eAtployees ,.i (a}'::,0140121)1. terminate or'suspend this agree Itnt In whole or In part. �.,,Placed by or on behalf of the contractor,state that all qualified applicants will (b) Refrain from extending any further assistenceto the Agency under the pion ,;' ram wilts respect'to which the failure or refusal occurred until saWfactOflf 'receive consideration for employment without regard to race.cello►, ,assuranC* Of future Compliance has been received front the Agency; and ‘: Or national origin. Refer the case to the Department of Justice for appropriate legal f icy The contractor will send to each labor union or representedreofworkers (c)'_ with which he has a collective bargaining agreement or other contract or '',proceedings : Understanding, a notice to be provided by the Agency edvirsirig the said Ndwr union or workers' representative of the contractor's commitments under this ` section 11-2 and shall post copies of the notice in conspiciOus placesanIllable to 'XU f OJ11)/kTED DAMAGES ''` f4 employees and applicants for employment. T`tL,".. cy iwrebY agrees that the liquidated damages provisions 23 CFR (d) The 1will comely with all provisions of Executive Cof the Pert f 0. Subp� O,end Volume tic Chapter 8, Section 1 of the Federal-ei4 1 September 24 1965 and of the rules, regulations relevantandorders of Highway Program Manual,tel supplemented.relative to the amount of Federal $eCretary of labor. ,participation.intireprefect Cost,Shall beapplicable Inthe event the coritractorfsbe k lei The contractor will furnish ;all information and reports required by r ro Complete within the t7Dfntract time.Failure to include liquidated S Executive Order retaryof Labor,or, urs anttheretoahy n willPermitlcttohisiorearth damages Prevision wilt relieve the agency from reduction of Federal ( Orders of the Secretary of Labor,or pursuant thereto and will permit access to his � participation m .��with this paragraph• books, records and accounts by the Federal Highway Administration. d the Secretary of Labor for purposes of investigation to ascertain compliance with Such rules,regulations and orders. (fi in the event of the contractor's noncompliance with the nos '' X1$: FUNDING GROUP ADJUSTMENTS l discrimination clauses of this contract or with any of such rules,regulations or • The Agency agrees that the Federai-aid funds committed for Agency worts • orders,this contract may becanceied,terminatedorsuspendedinwholeOrinpertbY,that agreement may be transferred between work elements by supe and the contractor may be declared ineligible hu further ffiovernfeent contracts or '" agreement,executed by an Agency official or stiff member and the Stops Federally assisted construction contracts in accordance with procedures .Aid Engineer.: ,> authoited in Executive Order 11248 of September 24, 1965 Sod such other = . , sanctions may be imposed and remedies invoked as provided in Executive Order A,, 11246 of September 24, 1965 or by rule regulation or order of the Secretary of Xiil TERMINATION�PlUSL1C CONVENIENCE ;; ,'`,7,1'.."-,•:.••, Labor,or Otherwise provided bylaw. ' state Deportment of 1r#mtporlNfOl1 (g) The contractor wilt include the prow slorns of this seCtlo►11�2 to every . rt ,secretory. subcontract or purchase order unless exempted by rules.regulationaor orders at terminate the contract inwttoie, or from time to time In part.whenevic the Secretary of Labor issued pursuant to Section 204 of Executive Order 11248af , ., ' (1) The.requisite Federal funding bsoonnae unavaliable through`ifilk a s September 24, 1965 so that such provisions will be binding upon each of ipprppriatioa Or otherwise. • Morn p f the work as a MOt subcontractor or vendor.The contractor will take such action with respect to any . - (2)The contractor is prevented ' Subcontract or purchase order as the Agency,WA Dept.of Transportation or result of an.Executive Order of the President with respect to the { Federal Highway Administration may direct as a means of enforcing such of waar;or m the interest Of national defrost or en EXecutive Order Of tlietAAMlt* ,i provisions including sanctions for noncompliance:Provided,however,that In the " ident or Governor'of the Starts with respect to the preeemmic n of vent a contractor becomes involved in,or is threatened with litigation with a . resources; aubcorntractor,he may request the United States to enter into such INtgatlon to. (3) The.centracto► Prevented tram vein the-sort(i reMilN protect interests of the united States, of a preliminary,spud or pe' !ent restraining order of a countof '. The Agency further agrees that it will be bound by the above equal lurisdictiot where the issuance of such order Is primarily caused by phe trete - . opportunity clause with respect to its own employment practices when it or omissions of persons or agencies other than tat contra or Participates in Federally assisted construction work:Provided,that of the applicant (4)The Secretary determines that such t inStiOn is in the beet Ifiee le . so participating is a State or local government,the above equal opportunity clause of the state, r', eta not applicable to any agency, instrumentality or subdivision of such i{ government which does not participate in work on or under the contract EiV VENUEP AND/OR S( ACTIOM The Agency also agrees: Fon the©Ontlenience of the parties to this contract,It IS agreed diet as/ (13 To assist and cooperate actively with the State in obtaining the claims and/or cauaes of action which the Local Agency has against die Slate compliance of contractors and subcontractors with the equal opportunity clause of Washington, growing out of thin cthe ontract or the• Court for .on vii htett IS Is and rules,regulations and relevant orders of the Secretary of Labor. concerned,shall be brought only ADDITIONAL.PROVISIONS • { 4 FORM 1!O'O39 c DOT Rt2vlst D lzno