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HomeMy WebLinkAboutR-1990-D5716 Department of Transportation RESOLUTION NO. 5 7 6 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute three agreements with the State of Washington, Department of Transportation, for partial reim- bursement of costs for improvements to Railroad Crossings on North First Street at "G" and "H" Streets and West "I" Street at Front Street. WHEREAS, the City contemplates improvements to the Railroad Crossings on North First Street at "G" & "H" Streets and West "I" Street at Front Street and wishes to secure partial reimbursement for the cost of such improvement from the State of Washington, Department of Transportation (WSDOT), WHEREAS, such improvements will enhance the safety of traffic on North First Street and West "I" Street; and WHEREAS, the City Council deems it to be in the best interests of the City that the attached agreement documents be executed by the City, accordingly, now therefore. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKI: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute three agreements with the State of Washington, Department of Transportation, each of which is entitled City/County Agreement, for the purpose mentioned above, copies of which agreements are attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 15_ day of PIKJ-c-L,, 1990. Qbt )4254,v MAYOR ATTEST: CITY CLERK wa.nn>gton State D.partm.nt of Transportation ',� W.S.D.O.T. USE ONLY AGENCY NAME 8 BILLING ADDRESS FEDERAL AID PROJECT NUMBER RRP -4579 ( ) CITY OF YAKIMA WASHINGTON STATE i 129 NORTH SECOND STR. DEPARTMENT OF TRANSPORTATION AGREEMENT NUMBER I YAKIMA, WA. 98901 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 Circular A -102, (4) the policies and procedures promulgated by the Washington State Department of Transportation and, (5) the Federal -aid Project Agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line p., column (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 I/ Name NORTH FIRST STREET RAILROAD CROSSING PROTECTION- STREETL 0.1 Mi. Termini RAILROAD CROSSING ONLY Description of Work INSTALL CANTILEVERED SIGNALS W.S.D.O.T. USE ONLY Work Order Accounting Plan Prop. 1 Dl t. 1 C.s. FHWA Appr. Ws WOAP ESTIMATE OF FUNDING AAwl. TYPE OF WORK (1) (2) (3) at . _ ----.., Estimated Total Estimated Estimated Project Funds Agency Funds Federal Funds WOAP AMOUNT RUTH. CODE P.E. a. Agency Work 1,000 loo , , , , 9.Q 0, , , , b. State Services 5Q0 50 4 .50.,., c. Other 3 , 5 Q 0 35 .3.,1.50.... d. Total Prelim. Eng. Cost Estimate 5,000 500 4. 5 0 0 Right - - Way e. Agency Work f. State Services g. Other h. Total R/W Cost Estimate 0 0 0 - Construction 1 Contract 69,000 6 9 0 6 8 . x j. Agency Force % 900 9 8 91 1 k. State Force .... 100 1 99 I. Audit m. Other ..._........._. ................ n. Other o. Total Construction Cost Estimate 70,000 * 7 0 0 69,300 P PROJEC COST ESTIMATE OF THE 75,000 1, 2 0 0 _73,800 The Federal -aid participation rate in this project will be determined by the Federal Government. The parties expect that it will be 9 0 / 9 9 q, 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 Iture 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 p., column (3). All costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency *W.U.T.C. FORM 140 -039 DOT REVISED 8/83 OX *•144 CONSTRUCTION METHOD OF FINANCING STATE AD & AWARD (Check Method Selected) iviETHOD A Advance P'SyMent - Agency Share of Trital Constrection Coat (Based oa Coetract Award) .... . MCTWIR R , Withhold From nsifi Tax the Anency's Share of Total Construction Cost (lino 0. 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 condition to payment of the Federal funds obligated, it neAPtS and will comply with tuts Appiicohlo provisions net forth below. Adopted by official action on , 19 , Resolution/Ordinance No. . AGENCY OFFICIAL WASHINGTON STATE By: DEPARTMENT OF TRANSPORTATION YOULillaig Ediav3itlininiSico1felreMAK CITY MANAGER By: . State Aid Engineer ATTEST : CITY CLERK Date Executed PROVISIONS 1 SCOPE OF WORK The Agency shall provide all the work, labor, materials and services V COMPLIANCE WITH PROVISIONS n°ry to perform the proient which is described and sat forth in detail in the "Project Description" and "Type of Work." •h e Agency shell not incur any Federsal-aid participation costa on airy classification of work ori thin project until authorized in writing by the State When the State acts for and on behalf of the Agency, the State shall for each classification. The cinssificetions of work for projects are: be deemed an agent of the Agency and shall perforrn the services described and indicated in "Type of Work" on the face of this agreement, in I. Preliminary 'Engineering up to and including approval accordance with plans and specifications as proposed by the Agency and 2. Preparation of Piellia, Spth)iiiCatiOiles, and Eatireatee approved by the State and Federal Highway Administration. 3. Flight-of-Wey Acquisition When the State acts for the Agency but not subject to the right of 4 Project Construction control by the Agency, the State shall have the right to perform the work In the event that Rioht-of-Way acquisition for, or actual construction subject to the ordinary procedures of the state and Federal Highway the road for which Preliminary Engineering is undertaken is not started by Administration. the dosing of the fifth fiscal year following Inc iiecai year in which the agreement is executed, the Agency will repay to the State the sum or sums II DELEGATION OF AUTHORITY of Federal funds paid to the Agency under the terms of this agreement. (See Section VIII) The State is acting to fulfill the responsibilities to the Fe,deral The Agency agrees that ell titage6 02 COrairkieli011 ilCceasary to Government by the administration of this project, The Agency agrees that provide the initially planned complete facility, within the limits of this the State shall have the full authority to carry out this administration The project, will conform to et leaet the minimum values set by approved State shall review, process and approve documents required for Federal- AASHTO design standards applicabie to this class of highwuys, even aid reimbursement in accordance with Federal requirements. if the State though such additional work is financed without Federal-aid participation. advertises and awards the contract, the State will further act for the The Agency agrees that on Federal-nid highway construction projects Agency in all matters concerning the project, as requested by the Agency if the current Federal-aid regulations which apply to liquidated damages the Local Agency advertises and awards the project the State shall review relative to the basis of Federal participation in the project cost shall be the work to insure conformity with the approved plans and specifications. applicable in the event the contrector fails to complete the contract within the contract time. III PROJECT ADMINISTRATION VI PAYMENT AND PARYRAtt, riFiNIRURSEMENT Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the "Type of The total cost of the project, including all review and engineering costs Work" above, In addition, the State will furnish qualified personnel for the and other expenses of the State, is to be paid by the Agency and by the supervision and inspection of the work in progress. On local agency Federal Government. Federal funding shall be in accord with the Surface advertised and awarded projects, the supervision and inspection shall be Transportatior, Asaietance Act 1970, Title 23, United States Code, as limited to ensuring all work is in conformance with approved plans, amended, and Office of Management and Budget Circular A-102, The State specifications and Federal-aid requirements. The salary of such engineer shall not be ultimately responsible for any of the costs of the project. The or other supervisor and all other salaries and costs incurred by State forces Agency Shall be ultimately responsible for all costs associated with th upon the project will be considered a cost thereof. All costs related to this project which ere not reimbursed by the Federal GOVerilffielit. Nothing project incurred by employees of the State in the customary manner on thin agreement shall be, construed as a promise by the State as to the highway payrolls and vouchers shall be charged as costs of the project. amount or nature of Federal participation in this project. 1. Preliminary Engineering, Right of Way Acquisition and Audit IV AVAILABILITY OF RECORDS Coate. The Agency will pay for Agency incurred costs on the project. All project records in support of all costs incurred and actual Following such payments, vouchers shall be submitted to the State in the expenditures kept by the Agency, are to be maintained in accordance with format proscribed by the State, in quadruplicate, not more than one r procedures prescribed by the Division of Municipal Corporations of the month. The State will reimburse the Agency up to the amount shown on ti State Auditor's Office, the U S Department of Transportation and face of this agreement for those costs eligible for Federal participation to Washington Department of Transportation. The records shall be open to the extent that such costs are directly attributable and properly allocable to inspection by the State and Federal Government at all reasonable times this project. Expenditures by the Local Agency for the establishment, and shall be retained and made available for such inspection for a period of maintenance, general administration, supervision, and other overhead shall not less than three years from the final payment of any Federal-aid funds to not be oligiblo for Federal participation. the Agency. Copies of said records shall be furnished to the State and/or The State will pay for State incurred costs on the project. Following Federal Government upon request. payment, the State shall bill the Federal Government for reimbursement of 41.■ v7 Wils Ilington Rat* DePartment of nansportaton W.S.D.O.T. USE ONLY AGENCY NAME A BILUNG ADDRESS FEDERAL AID PROJECT NUMBER CITY OF YAKIMA WASHINGTON STATE RRP 4579 ( ) 129 NORTH SECOND ST . DEPARTMENT OF TRANSPORTATION YAKIMA, WA. 98901 CITY/COUNTY AGREEMENT AGREEMENT NUMBER 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 Circular A-102, (4) the policies and procedures promulgated by the Washington State Department of Transportation and, (5) the Federal-aid Project Agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line p., column (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 N ame NORTH FIRST STREET RAILROAD CROSSING PROTECTION—STREET Length 01 Mi . Termini RAILROAD CROSSING ONLY Description of Work INSTALL CANTILEVERED SIGNALS W.S.D.O.T. USE • , Y Work Order Accountlo• Plan 10111111Va NONINIII FI-AW • • . Dote WOW No. ESTIMATE OF FUNDING Auth. e TYPE OF WORK (1) (2) (3) Date Estimated Total Estimated Estimated Project Funds Agency Funds _ Federal Funds WOAP AMOUNT AUTH. .4) P.E. a. Agency Work 1 P. 000 1 00 900 NMI b. State Services 500 50 450 . ....... ...... ..... ..11111111 ... 3 . „151) .. ..... ..... ..... ...... IMMO c. Other 3,.500 350 d. Total Prelim. Eng. Cost Estimate 5,000 500 4 „ 500 III= i n Right e. Agency Work ... ............ ...... f. State Services ..... ° ........ ° • • • • • • g. Other h. Total R/W Cost Estimate 0 0 0 Construction i. Contract 0.,.Q.Q0... ... .69P... .A64.310.. NM Engineering j. Agency Force . .. 940. _ 9 891_ % 1 k. State Force .... 1Q0... 1 99 ....... .............. I. Audit MEM m. Other n. Other MUM o. Total Construction Cost Estimate 70 0 00 *700 6 t 3 MIN L p. TOTAL COST ESTIMATE OF THE PROJECT 75,000 1,200 73,800 1111111111111M 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 lollar amount of Federal participation cannot exceed the amount shown in line p., column (3). All costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. *W.U.T.C. FUNDS DOT . I _E_: _ OX A-144 IT/ ° REV 00:: CONSTRUCTION METHOD OF FINANCING STATE AD & AWARD (C:heck Method Selected) METHOD A Advance Payment - Agency Share of Total Construction Cost (td on Contract Award) ........... ( ) METHOD B Withhold From Gas Tax the Agency's Share of Total Construction Cosi (lino o., col. 2) in the amount of ______ at poi month for „________ months ...... ,( LOCAL FORCE OR LOCAL AD & AWARD METHOD C Agency Cost Incurred with Partial mbr5Emt • . , ..... ..... ....... X The Local Agency further stipulates that pursuant to said Title 23, regulation:3 and poIc 1 procecluye, and as a condition to payment of the Federal funds obligated, it accepts end will comply with the applicable provisions set forth below. Adopted by official action on Itesolution/Ordinance No. • AGENCY OFFICIAL WASHiNGTON STATE By DEPARTMENT OF MAMPOEITATION Oftitar i a X ari KINDS EletitratIAPM ttIKSYWIDSWI C TY MANAC;RK F)inte) Aid Erioloonr ATTEST ° CITY CLERK Ont E.1“acitiod I SCOPE OF WORK The Agency shall provide all the work, labor, materials and services V COMPLIAWCE Alma Nicrls90) necessary to perform the project which is described and sot forth in detail '4 ha Airpancy 5gicur toay otinuvi cos'io on any in the "Project Otoscription" and "Typo of Work." When the State acts for iinci on behalf of tiro Agency, the State shall "oth ''''l lh e '! 171),1 wri!ing tho nt be deemed an agent of the Agency and shall perform the servic.tm f Wi41- jUT f'-if e: described and indicated in "Type of Work" on the face of this agreement, in rsign16.rincj io h2Onclino 1 arcordancs with plan.-3 and specifientions as proposed hY 1;10 AgoncY Q51(1 Prwfm.q.10.9 Piwo, - AstimAaa approved by the State and Federal Highway Administration. Hight.-i3C-WVA Aortnisition When the State acts for the Agency but not subject to the right of <4. ri'l.ij6CA control by the Ag.ncy, the State shall have the right to perform tho work tW Pvont thnt fliofit-el-tftthy acrinisition for, o.r ni3rIPArt1Ctio. subject to the ordinary procedures of tho State and Federal Highway thf, enhiiri Administration. the closing r thP fifth yoor inn fiscol ye,-2r in , :tthinh the aoreernaM - xecoted, the z.,ponttv jH repay it? 'rho State tha sum or P.urrip DELEGATION OF AUTHORITY oc fhPdord loada ., to gho Agcricy tmdm' ;Iv-) terms al this ogrocrosot Woe y) The State in acting, to fulfill the responsibilities to the Federal r that frali b iqpiotioil ro;c6.1mriory to Government by the administration of this project. The Agency agroos thot provide the ihiiIy planriod Pornplet) Meility, within the, limits of thit-3 the State Shall have the full authority to carry out this administratiOn. The project, will conform to at 10F th valtuttt net by approved State shall review, process and approve documents required for Federal- A.R desion Aimillorga opplionkno to thlit on.t,s5 o? higowaya, even id reimbursement in accordance with Federal requirements. if the State thengh ktitch additional work IV, financed without prtrticipation, advertises and awards the contract, the State Will further act for the Tha Agency ogroa that on Federal-aid highway construction prok Agency M All matters concerning the project, a3 requested by the Agency If tho current Fodai reoulationa 1,yhiolt apply to liquidotd dnrnaoes the Local Agency ativertisea and awards the project the State shall review reletivo i Fod pc , r ti c ip a ti on g,. p ; m a n b the work to insure conformity with the approved piens and specifications Flpoicshie in the ett,Int the contraotor Lona to compioto Ow contract t.yithin the controci PROJECT ADMINISTRATION P.=:\ T,1EPT PfkrrilM Mfg'11F117 Certain typos of work and services shall bo provided by the State on this project as requested by the Agency and closcribod n ho "Typo of total cost of the pi eject, including oI oviow and pngine costs Work" above. In addition, the State will furnish qualified personnel for the and other w.periSoB of the to ho paid by the Agency and the supervision end inspection of the work in prowess. CAI 10Oal agetloy ; f ,A ;),,, . w ith th advertised and awarded projects, the supervision and inspection shall be Transportation Asuistauce AC1 Irntf, ik 2.!0. Lnitod Iate3 Codo, as limited to ensuring all work is in conformance with approved piano, amended, aqd Oilioo o Wiloijuinefit arid Budgoi (car t State specifications an Foderal-ald requirements. The notary of such engineor shall not he ultimately responsible tor any of tho costri. of trio projoci. 'Ow or other sripervisor and all other salaries and costs incurred by State forces Atpricy shali ultimately ;;osponoiblo for all costa associated ;.tfith to upon the project will he considered a coat thereof Ali costs re.latod to this prot,-.3(:, tvhitth art i toi r, by t H;liinrEll ( o ' 1 . 3rnmen t, Nohiuo project incurred by employees of the State in the customary 1131111110r on thi6 agreoliwnt ohou bo construed oo a pomace by tho Strata an to highway payrolls and vouchers shall be charged as coats of the project amount or iratur.t of Federal porticipittion in this project. 4, PrPitatium Art tA1M attd Audit IV AVAILAIIILITY OF RECOMIS cost.% Ibo AqemlY will ; tor Agency incurrni costs on the project All project records in support of all 00518 incurred and actual Following ouch pnyinoni.s, yono niihrnineci State in ihn expenditures kept by the Agency, are to be maintained accordance with format prn8cribed by 1110 in (inncirnpii morn than onn aol procedures prescribed by the Division of Municipal Corporations of the month. The State will reimburse the Agency up to the amount shown on' State Auditor's Office, the If S. Department of ransportution face of this auroomont for those costs eligible for Federal participetion "fa3hingteri Department o Trans T " rac°rdc chE"11 ho 001 10 the extent that Alen coots are directly eitribtriabth zurd propQrly H110(4464) to inspection by the State arid Federal Government at all loafionablo times this project. hixpenditures by the Locai Atiancy for the OStabli3111110ili, and shall be retained and made available for such inspection for a period of general adininistretirm, supervision, and other OV0¢1108Ci shall not less than three years from the final payment of any Fedoral-aid funds to not bp eligible for Federal participation. the Agency. Copies of sold records shall bo furnished to the State and/or The State will pay fo; State incurred costs on thtt project. Foliowing Federal Government upon request. PaYmont, tho t'Amto shall bill the Federal Government for reimbursement of DOT 140-039 (1 (V A Washington State D.p.rtm..K of Transportation -" W.S.D.O.T. USE ONLY AGENCY NAME i BI LLING ADDRESS FEDERAL AID PROJECT NUMBER CITY OF YAKIMA WASHINGTON STATE RRP 4632 ( ) 129 NORTH SECOND ST. DEPARTMENT OF TRANSPORTATION AGREEMENT NUMBER YAKIMA, WA. 98901 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 Circular A -102, (4) the policies and procedures promulgated by the Washington State Department of Transportation and, (5) the Federal -aid Project Agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line p., column (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 FRONT Name WEST t1 STREET RAILROAD CROSSING PROTECTION— STREET Length 0.1 Mi, Termini RAILROAD CROSSING ONLY Description of Work INSTALL SHOULDER MOUNTED SIGNALS WITH GATES W.S.D.O.T. USE ONLY Work Order Accountin• Plan Frog. Data woAP ESTIMATE OF FUNDING BY TYPE OF WORK (1) (2) (3) a1e Estimated Total Estimated Estimated Project Funds Agency Funds Federal Funds WOAP AMOUNT • 1 ; P.E. a. Agency Work 1; 10 0 b. State Services 500 5 0 4 5 0 c. Other 3, 500 350 3,150 d. Total Prelim. Eng. Cost Estimate 5,000 500 4,500 Right -of -Way e. Agency Work f. State Services g. Other h. Total R/W Cost Estimate 0 0 0 Construction i. Contract 64,000 6 4 Q Engineering j. Agency Force ........ 9.0 Q. .. 9 .... 8 9.1... . % { k. State Force .... ........ 1.Q Q.. 99 I. Audit m. Other n. Other o. Total Construction Cost Estimate 65 000 * 6 5 0 64,350 P PROJE COST ESTIMATE OF THE 70,000 1, 15 0 68,850 'The Federal -aid participation rate in this project will be determined by the Federal Government. The parties expect that it will be 9 / 99 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 ture actions with respect to the project covered by this agreement upon past, current, or future representations as to the Federal participation rate. The .ollar amount of Federal participation cannot exceed the amount shown in line p., column (3). All costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. *W.U,T.C, FUNDS FORM 140.039 DOT REVISED 8/83 OX A -144 CONSTRIFTIoN tkiriliort nF FINANCHIn STATE AD & AWARD (Check Methd Selectee o ') METHOD A — Advance Payment - Agency Share of Total Construction Cost (Based on Contract Award) ( ) , METHOD B Withhold Fiore no Tax the Ageticy'e 3hare of Tote: rtenetreetien Co M (liPn e , ct:11. `') ' . in the amount of $ et $ per month for months ( ) LOCAL FORCE OR LOCAL AD & AWARD METHOD C ..._—__. Agana., Coat Incurred with Partial Reimbursement ........ . ............. . .... • . . , .... „ , , , ,( X ) — .... . ._ — The Local Agency further stipuiates that pursuant to said Title 23, regulation's and policiee and proce,dures, end e.s condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on , Resolution/Ordinance No. ,..__. AGENCY OFFICIAL WASIAINGTON STATE By:. _ DEPARTMENT OF TRANSPORTATION xca RoE*,•A'''- ratiiii■AMIliaicak:'' ITY MANAGER r . . . , .. ...., _ 5-1 . 1 . , - - State Aid Engineer ATTEST.; , ---- -- _ -- — CITY CLERK Dete rtesecieeet PROVISIONS I SCOPE OF WORK The Agency shall provide all the work, labor, materials and services V COMPLIANCE WITH PROVISIONS necessary to perform the project which is described and set forth in detail The Agency shall not incur any Federal-aid participation coots on any in the "Project Deecription" and "Type of Work." epteeire ea tunrk nn thia orniant until authOrized in writine by the Siaiki When the State acts for and on behalf of the Agency, the State shall - --- -- — .---- -- -- e- - ---- • -- - for each ciassification. The claesifications of work for projects are: be deemed an agent of the Agency and shall perform the Services described and indicated in "Type of Work" on the face of this agreement, in 1. Preliminnry 'Engineering up to and Including approval accordance with plans and specifications as proposed by the Agency and 2. Preparation of Plano, Specifications, end Estimates approved by the Stale and Federal Highway Adieetration 3. night-of-Way Acquisition When the State acts for the Agency but not subject to the right of 4. Project Construction control by the Agency, the State shall have the right to perform the work In the event that Right-of-Way acquisition for, or actual construction subject to the ordinary procedures of the State and Federsi Highway the road for which Preliminary Engineering le undertaken is not etartecl Administration. the closing of the fifth fiscal year following the fiscal year in which ties aareement ia executed. the Agency will repay to the State the sum or sums II DELEGATION OF AUTHORITY of Federal fund paid to the Agency under the terms of this agreement. (Sea Section VIII.) The State is acting to fulfill the responsibilities to the Federal The Agency agrees that all Gten of construction necessary to Government by the etheinietretion of this project. The Agency agree.s that provide the, initielly planned omplete facility, within the limite of thin the State shall have the full authority to carry out this administration. The project, will conform to at least the filiiiiiiitiM vetoes SCA hy approved State shall review, process and approve documents required for Federal- AASHTO design standards applicable to this clans of highwnye, over aid reimbureement in accordance- with Federal requirements. If the State thoilah such additional work is financed without Federni-aid participation. advertisee and awards the contract, the State will further act for the The Agency agrees that on Federal-aid highway construction projects Agency in all matters concerning the project, as requested by the Agency If the current Federal-aid regulations which apply to liquidated damages the Local Agency advertises and awards the project the State shall review relative to the basin of Federal participation in the project coot shall be the work to insure conformity with the approved plans and specifications. applicable in the event the contrector fails to complete the contract within the contract time. III PROJECT ADMINISTRATION VI PAYMENT AND PARTIAL REIMBURSEMENT Certain typee of work and services shall be provided by the State on this project as requested by the Agency and described in the "Type of The total cost of the project, including all review end engineering costs Work" above. In addition, the State will furnish qualified personnel for the and other expenses of the State, is tu be paid by the Agency FA r 1 d by the supervision and inspection of the work in progress. On local agency Federal Government. Federal funding shall be In accord with tile Surface dvertised and awarded projects, the supervision and inspection retail be Transportation insistence Act i978, Title 23, United States Code, an limited to ensuring all work is in conforrnance with approved plans, amended, and Office of Management and Budget Circular A-102. The State specifications and Federal-aid requirements. The salary of such engineer shall not be ultimately responsible for any of the coats of the project. rho or other supervisor and all other salaries and costs incurred by State forces Agency °hall be ultimately responeibte for all coots aattocietod with the upon the project will be considered a cost thereof. All costs related to this project which are net reimbursed hy the Federal Government. Nothine is project incurred by employees of the State in the customary manner on this agreement nhall be construed so a promice by the State so to it highway payrolls and vouchers shall be charged as costs of the project. amount or nature of Federal participation in this project. 1, Preliminary F.ngineering, Right of Way AcquIsttion and Audit IV AVAILABILITY OF RECORDS Coate. The Agency will pay for Agency incurred costs on the project All project records in support of all costs incurred and actual Following such payments, vouchers shall be submitted to the State in the expenditures kept by the Agency, are to be maintained in accordance with format prescribed by the State, in quadruplicate, not more than one per procedures prescribed by the Division of Municipal Corporations of the month. The State will reimburse the Agency up to the amount shown on 11' State Auditor's Office, the U S. Department of Transportation and face of thin agreement for those cents eligible for Federal participation Washington Department of Transportation. The records shall be open to the extent that such costs are directly attributable and properly allocable inspection by the State and Federal Government at ail reasonable times this project. Expenditures by the Local Agency for the establiehment, and shall be retained and made Available for such inspection for a period of maintenance, general administration, aupervielon, end other overhead shalt not less than three years from the final payment of any Federal-aid funds to not be eligible for Federal participation. the Agency. Copies of said records shall be furnished to the State and/or The State will pay for State incurred costs on the project. Following Federal Government upon request. payment, the State shall bill the Federal Government for reimbureement of DOT 140-039 (-i/8/83) QX A-144 , , ,