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HomeMy WebLinkAboutR-2000-118 City of Union Gap Agreement - Valley Mall Boulevard Construction (Certification Acceptance Agency for the extension projRESOLUTION NO. R-2000-118 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement with the City of Union Gap for contract administration and project review of the Valley Mall Boulevard construction project for the City of Union Gap. WHEREAS, the City of Yakima is Certification Acceptance (CA) certified by the Washington State Department of Transportation, Highways and Local Programs Division, to administer Federally funded construction Contracts; and WHEREAS, the City of Union Gap has Federal funds for the construction of Valley Mall Boulevard, but is not certified to administer the contracts for the construction of said facilities; and WHEREAS, the City of Yakima, as well as the City of Union Gap will benefit from the use of City of Yakima personnel, equipment, and expertise in the administration of the City of Union Gap's Federally funded project; and WHEREAS, the Yakima City Council deems it to be in the best interest of the City that the attached agreement document be executed by the City of Yakima, accordingly; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute an agreement with the City of Union Gap for the purpose mentioned above, a copy of which agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 19th day of September, 2000 ATTEST: 1a)- GYv�C City Clerk September 14, 2000 TASK ORDER AGREEMENT BETWEEN CITY OF YAKIMA AND CITY OF UNION GAP This Agreement is made and entered into, by and between the City of Yakima and City of Union Gap. I. RECITALS WHEREAS, The City of Yakima is certified by the Washington State Department of Transportation, Highways and Local Programs Division to inspect, manage, document and otherwise administer Federally Funded construction contracts; and, WHEREAS, the City of Union Gap has Federal Funds for the construction of Valley Mall Boulevard, but is not certified to administer the contracts for the construction of said facilities; and, WHEREAS, the City of Yakima, as well as the City of Union Gap will benefit from the use of City of Yakima personnel, equipment and expertise in the review, management, documentation and administration of the City of Union Gap's Federally funded construction contracts; and, WHEREAS, The City of Yakima and the City of Union Gap have entered into an Interlocal Agreement for Reimbursable Work performed by the City of Yakima in accordance with the provisions of Chapter 39.34 RCW; now, therefore the City of Yakima and the City of Union Gap, through their respective legislative bodies, do hereby agree as follows: II. DETAILED SCOPE OF WORK PURPOSE OF AGREEMENT: The purpose of this agreement is to identify the scope and extent of services to be provided by the City of Yakima to the City of Union Gap for contract administration of the City of Union Gap's Valley Mall Boulevard construction project, hereinafter identified as the "project". All terms and conditions of the above referenced Interlocal Agreement shall remain in full force and effect. The Engineering Division of the City of Yakima, acting under their Certification of Acceptance Agreement with the Washington State Department of Transportation, shall provide all services necessary to comply with the requirements of the Federal Highway Administration and Washington State Department of Transportation for administration of the construction of the City of Union Gap's Federally Funded construction project identified herein. STANDARDS AND REFERENCES: The City of Yakima will administer the project in accordance with the rules, regulations and procedures as required by the Federal Highway Administration (FHWA), Washington State Department of Transportation, Highways and Local Programs Division (WSDOT) and the laws of the State of Washington. In general these rules, regulations and procedures are documented in the following publications, The latest editions of these publications shall be used: • Standard Specifications for Road, Bridge, and Municipal Construction, 2000 English Edition, published by WSDOT and Washington State Chapter APWA. • Local Agency Guidelines (M 36-63), Latest Revision, published by WSDOT Highways and Local Programs Service Center. (LAG Manual) • Construction Manual (M 41-01), Latest Revision, published by WSDOT Construction Office. DETAILED RELATIONSHIPS, SERVICES AND PRODUCTS: Project Documentation: Unless specifically noted otherwise, the City of Yakima shall monitor original copies of all project documentation. After the project has been completed, and has received Project Management Review, if required by WSDOT Highways and Local Programs, any project documentation files maintained by the City of Yakima shall be returned to the City of Union Gap. Management Coordination: The City of Yakima and City of Union Gap shall, by exchange of letters, identify the key management personnel with responsibility for the project. Project Design: The City of Union Gap shall be solely responsible for the conceptual and physical design of the project, and the specification of all construction and materials to be incorporated into the prod ect. Plan Review: The City of Yakima shall perform a detailed review of the Plans, Specifications and Estimates (P, S, & E) for the project to the extent that the P, S & E conforms to the requirements of FHWA and WSDOT Highways and Local Programs. The City of Union Gap will be provided with a written fisting of all discrepancies discovered by the City of Yakima during the review. The City of Union Gap shall be responsible for correcting, or causing the discrepancies to be corrected. Contract Review: The City of Union Gap shall be responsible to ensure that the contract provisions are acceptable to the City of Union Gap's governing body including review and acceptance by the City of Union Gap's Legal Counsel. The City of Yakima shall provide written verification to the City of Union Gap that the contract documents are acceptable to the City of Yakima and that the City of Union Gap is authorized to proceed with advertising for bids. Environmental Review: The City of Union Gap shall be responsible for ensuring that all required environmental reviews have been completed. The City of Union Gap shall also be responsible for preparing and submitting the Local Agency Environmental Classification Summary to WSDOT Highways and Local Programs for approval and to obtain approvals for any required environmental procedures. Permits: The City of Union Gap will verify that it has applied for, and received all necessary permits, and will provide copies of all permits to the City of Yakima. The City of Yakima will insure that all permits received from the City of Union Gap are currently in force, and will review applications for time extensions of permits that have expired. The City of Union Gap shall be promptly notified in the event that an expired permit will not be renewed, or that permit conditions have changed. City of Union Gap shall be responsible for making any plan revisions necessary to comply with changed permit conditions. Right of Way Certification: The City of Union Gap shall acquire all necessary right of way for the project, and will be responsible for obtaining the Right of Way Certification from WSDOT Highways and Local Programs. The City of Yakima will review all right of way documents for confoiiiiance to established regulations. Federal Aid Agreement/Fund Obligation: The City of Union Gap will be responsible for obligating Federal Aid Construction Funds through WSDOT Highways and Local Programs by executing the appropriate Local Agency Agreement and/or Supplement thereto. Construction Authorization: The City of Union Gap will transmit a request for Construction Authorization to WSDOT South Central Region Highways and Local Programs along with the required number of copies of the project P, S & E. A copy of this request will be transmitted to the City of Yakima. Prevailing Wages, Training, Equal Employment Opportunity and Minority Business Enterprises: The City of Union Gap will be responsible for ensuring contractor compliance with these regulations. Compliance will be documented in accordance with the provisions of the LAG and Construction Manuals. The City of Yakima will review the project P, S & E to ensure that all necessary contract provisions are included in the Contract Documents The contractor, and all subcontractors, will be required to submit a "Notice of Intent to Pay Prevailing Wages" to the Washington State Department of Labor and Industries naming the City of Union Gap as the Contracting Agency. The approved Notice should be returned by Labor and Industries to the City of Union Gap. The City of Union Gap shall immediately notify the City of Yakima if the approved Notice of Intent is not received by the City of Union Gap prior to application by the contractor for the first progress payment. Copies of the returned Notice of Intent shall be provided to the City of Yakima by the City of Union Gap, Reproduction of P, S, & E: The City of Union Gap will be responsible for reproducing the necessary number of the Plans Specifications and Estimates for the project. A minimum of two sets of the P, S, & E will be transmitted to the City of Yakima for their records Advertisement for Bids: Once Construction Authorization is received from WSDOT Highways and Local Programs, the City of Union Gap will notify the City of Yakima by copy of the authorization. The City of Union Gap shall then be authorized to proceed with the advertisement for bids. Upon such authorization the City of Yakima will establish a bid opening date that provides for a minimum advertisement period of three weeks from the date of the first legal publication as required by the LAG Manual. The City of Yakima will also arrange for a minimum of two advertisements to be posted in the official legal publication of the City of Union Gap as well as the Seattle Daily Journal of Commerce, and any other minority publication that may be required. Opening and Review of Bids: The City of Yakima and the City of Union Gap shall mutually agree on the place for receipt and opening of bids. All bids shall be received at the time and place specified in the bid documents and advertisements, and opened and read aloud as required by the LAG Manual. After opening and reading bids, the City of Yakima will review all bids for accuracy and completeness as required by the LAG Manual. The bid tabulation shall contain the Engineer's Estimate and all bidding extensions. A copy of the bid tabulations will be transmitted to the City of Union Gap and additional copies will be made available for public inspection. Award of Contract: Once the bids have been reviewed and tabulated and the lowest responsive bidder has been identified, the City of Yakima will make a recommendation for award of the contract to the lowest responsive bidder and prepare a resolution for signature by the City of Union Gap's governing body awarding the contract to the lowest responsive bidder. The City of Union Gap shall be responsible for submitting the recommendation and resolution to their governing body for approval. The original signed resolution shall be retained by the City of Union Gap for inclusion in the project records. Once the executed award resolution is reviewed by the City of Yakima, the City of Union Gap will prepare and transmit to the successful bidder an award letter and three original copies of the agreement for signature by the successful bidder. Execution of Contract, Performance Bond and Insurance: The City of Union Gap will request from the successful bidder a performance bond in the full amount of the contract and a certificate of insurance showing the City of Union Gap and the City of Yakima as named co-insured. Upon receipt of the signed original agreements, satisfactory performance bond and certificate of insurance, the three original agreements signed by the successful bidder will be forwarded to the City of Union Gap for execution by their designated official. The City of Union Gap shall send a copy of a fully executed original agreement to the City of Yakima. The City of Union Gap will also provide the City of Yakima with copies of the Performance Bond and Certificate of Insurance. Pre Construction Conference: At such time as the agreement has been executed, the City of Union Gap shall schedule a pre -construction conference. The City of Union Gap shall notify all affected parties of the time and place of the conference and invite each party to attend. At a minimum, the invited parties shall include: the City of Yakima, City of Union Gap, Contractor, WSDOT Highways and Local Programs and affected utilities. The City of Yakima shall conduct the conference in accordance with LAG Manual procedures, and shall take and prepare minutes of the conference for distribution to the parties. Notice to Proceed: At the pre -construction conference the City of Union Gap shall transmit to the Contractor a Notice to Proceed establishing the construction start date and computed completion date. The City of Yakima shall review the Notice To Proceed prior to transmittal to the Contractor. Materials Control and Contract Documentation: During the life of the contract, the City of Union Gap shall be responsible for preparing and maintaining all necessary reports, documents, records and estimates m accordance with the requirements of WSDOT Highways and Local Programs as set forth in the WSDOT Construction Manual as modified by the LAG Manual. The City of Union Gap shall perform all required quality control inspection and administrative tasks necessary to comply with WSDOT and FHWA requirements. The City of Yakima shall review and monitor this process. Construction Surveys: The City of Union Gap shall be responsible for all necessary construction surveying required for completion of the project. The City of Yakima will review the accuracy of the control points and data received, but will not be responsible for the accuracy of the data or control points provided by the City of Union Gap or others. Changed Conditions: Changed Conditions shall be defined as Minor and Major. Changed conditions that in the estimation of the City of Union Gap will not create additional costs, or that do not affect the engineering principles fundamental to the design shall be considered minor changes. Minor changed conditions will not be immediately reported to the City of Yakima, but will be documented in the project records and as -built drawings. Changed Conditions that will result in increased costs, or that require consideration and input from the responsible design engineer shall be considered major changes. The City of Union Gap shall immediately notify the City of Yakima of any major changed conditions encountered during construction. The City of Union Gap shall ensure that they promptly respond to any situations involving mayor changed conditions in order to avoid delays to the project. Change Orders: Change Orders will normally be required to address changed conditions. The City of Yakima representatives shall review proposed change orders together with the City of Union Gap, to verify the correct process for change orders has been met. The City of Union Gap will then authorize the approved change order. Increased/Decreased Quantities: The bid quantities shown on the proposal form for the contract are based on the engineers estimate. The actual quantities used may vary from the estimated quantities. The City of Union Gap shall notify the City of Yakima of any increased quantities that exceed ten percent of the estimated quantity, and the reason for the increase. Should any item of work increase or decrease by more than twenty five percent, an equitable price adjustment is required. Any such equitable price adjustment shall be made by change order. If an equitable price adjustment is required, the City of Union Gap shall negotiate the price adjustment, prepare the change order and forward the change order to the City of Yakima for approval. The City of Yakima shall not be authorized to approve any change order involving an equitable price adjustment without pre -approval from the City of Union Gap. Progress Payments and Retainage: The City of Union Gap shall request that the Contractor establish a monthly cut off date for pay estimates. The City of Union Gap shall prepare a monthly pay estimate for the contract. The pay estimate shall provide general contract information and information for each item of work regarding the BARS Work Code, contract quantity, quantity for the period, quantity to date, monetary amount for the period and monetary amount to date. The City of Union Gap shall be solely responsible for providing timely payment to the Contractor for the work performed and for withholding retainage from the payments in the amount and manner as required by Washington State Statutes governing Public Works Contracts. Federal Aid Billings: The City of Union Gap shall be solely responsible for preparing and submitting Federal Aid progress bilhngs to WSDOT Highways and Local Programs. Contract Completion: Upon a finding by the City of Union Gap and the City of Yakima that the work is physically complete, the following procedure shall be used: 1) The City of Union Gap will provide a letter to the Contractor notifying the Contractor that the work is Physically Complete, and establishing the date of Physical Completion of the work. The letter will also notify the Contractor that all obligations under the contract must be satisfied in order to make the final payment on the contract. And, that the Contractor and all sub -contractors are responsible for submitting their completed "Affidavit of Wages Paid" to the Washington State Department of Labor and Industries. The City of Union Gap shall also send a copy of this letter to the Washington State Department of Labor and Industries and to the City of Yakima. 2) Within 15 days of the notice of Physical Completion to the Contractor, the City of Union Gap shall notify WSDOT Highways and Local Programs and arrange for final inspection by the Regional Highways and Local Programs Engineer. The City of Yakima shall be notified of the date of the final inspection and invited to attend. 3) Upon satisfactory final inspection, and receipt by the City of Union Gap of all necessary documentation from the Contractor, the City of Union Gap will prepare the Final Pay Estimate and Final Contract Voucher for signature by the Contractor and will forward the signed original Final Pay Estimate and Final Contract Voucher to the City of Yakima along with a letter of Contract Completion for the City of Yakima to review. After review and approval by City of Yakima, the City of Union Gap shall process the final payment as described under "Progress Payments and Retainage", and will send the Contract Completion letter to the Contractor. 4) The City of Union Gap shall also forward a copy of the Completion letter to the Washington State Department of Revenue and request, on behalf of the City of Union Gap, confirmation that the contractor has paid all necessary sales tax for the project. 5) The City of Union Gap shall prepare and forward to its governing body a resolution accepting the project for their approval. The resolution should be acted on within 21 calendar days of the date of Physical Completion unless the delay is attributable to the Contractor failing to provide any necessary documentation in a timely manner. If, at the time set for action on the resolution there are any known outstanding claims or hens for labor or material against the contract bond or retainage account, action on the resolution shall be postponed until the claims/hens are satisfied. Upon completion of the above process, and provided that there have been no claims or hens made against Contract Bond or Retainage, the City of Union Gap shall be responsible for releasing the Contract Bond and the Retainage in the time and manner required by Washington State statues governing Public Works Contracts. In the event that the City of Union Gap fails to receive any such releases and/or affidavit the City of Union Gap shall notify both the City of Yakima and the Contractor to determine the location of the missing documents. Project Management Review: If selected by WSDOT Highways and Local Programs for Project Management Review, the City of Union Gap and the City of Yakima shall provide representation and the project records for the Highways and Local Programs Area Engineer's review. Any deficiencies in the project records identified by the review shall be corrected by the City of Union Gap and reviewed by the City of Yakima. Reimbursement of Costs by City of Union Gap: City of Union Gap shall reimburse City of Yakima for all costs of direct and indirect labor (including fringe benefits), administration, equipment rental, engineering, materials and supplies for the Public Works perfotiued pursuant to this agreement. The total amount of reimbursement for work covered shall be limited to an amount not exceeding $20,000 for the project, unless otherwise agreed to by both parties under an amendment to this agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written below. DATED this a` day of 600—/©6 P , 2000. CITY OF UNION GAP By: arr4+frezttyrel_./3/4/64 Aubrey c. • Reeves, Jr . , P !ayor ATTEST: CITY OF YAKIMA YAKIMA, WASHINGTON City Clerk T VO‘ Richard ais, City Manager Contract No. 2000-81 Resolution No. R-2000-118 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT, Item No. For Meeting of September 19, 2000 ITEM TITLE: Certification Acceptance Agreement between City of Yakima and City of Uion Gap SUBMII'I ED BY: artment. of Community and Economic Development - Engineering Division CONTACT PERSON/TELEPHONE: Kay Adams, Engineering Division Manager, 575-6111. SUMMARY EXPLANATION: Attached is an agreement for services with the City of Union Gap to be a Certification Acceptance (CA) Agency for their Valley Mall Boulevard Extension Project. The City of Yakima is CA Certified and is therefore able to enter into this agreement to help administrate this project. The County is also CA Certified and would be able to be the lead agency also, but the City of Union Gap has asked us to assist them with this project. A reimbursement agreement is part of this CA contract and the proposed work has been estimated to cost less than $20,000 for this project. The length of this project is estimated to last about 3 years from start to finish. Resolution Ordinance Contract X Other (Specify) Funding Source City of Union Gap Arterial Street Fund & TIB Grants APPROVED FOR SUBMI 1"1 AL: City Manager STAFF RECOMMENDATION: Approve the agreement with Union Gap to allow City of Yakima to act as the CA Agency for the Valley Mall Boulevard Extension Project. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: 1 — September 13, 2000