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Home My WebLink About5756 ORDINANCE NO. 5 7 5 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN A LOCAL AGENCY AGREEMENT BETWEEN THE CITY AND THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, APPROVING TRAFFIC SAFETY NEAR SCHOOLS FUNDS TO PREPARE AND IMPLEMENT THE BURLINGTON NORTHERN SANTE FE RAILROAD & EAST VALLEY HIGHWAY ('A' STREET SE) UNDERCROSSING FOR PEDESTRIAN SAFETY PROJECT. WHEREAS, the Washington State Department of Transportation has awarded a Traffic Safety Near Schools grant in the total amount of $1~jO,000 to the City of Pacific for the preparation and implementation of a Pe¡destrian Undercrossing of East Valley Highway ('A' Street SE) and the Burlington Northern Sante Fe Railroad north of the White River for pedestrian safe,ty; and WHEREAS, on May 15, 2000, Auburn City Council adopted Resolution No. 3224, authorizing an Interlocal Agreement between the City of Auburn and the City of Pacific to have Auburn assume lead agency responsibility for the design and construction of the Project; and WHEREAS, this Interlocal Agreement was fully executed on April 22, 2003; and WHEREAS, the State has agreed to amend the 2001 Traffic Safety Near Schools Program to recognize the City of Auburn as lead agency for this project; and ---------------------------- Ordinance No. 5756 Aprii 22, 2003 Page 1 ~.- ---------."- ----..-..- WHEREAS, the City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Pursuant to Chapter 35A.33 RCW, the City Council hereby approves the appropriation and expenditure of Washington State Department of Transportation Traffic Safety Near Schools Program funds in the amount of $150,000 for the Burlington Northern Sante Fe Railroad & East Valley Highway ('A' Street SE) Undercrossing for Pedestrian Safety Project with local matching funds of $40,000 from the City of Auburn Department of Parks and Recreation King County Open Space Fund. The Mayor and City Clerk are hereby authorized to execute the Local Agency Agreement with the Washington State Department of Transportation to obligate the amount of $150,000 for the design phase of the project, a copy of which is attached hereto as Exhibit "1" and is incorporated herein by reference. The Mayor and City Clerk are also authorized to approve and execute any future supplemental agreements thereto required for completion of the project design. ---------------------------- Ordinance No. 5756 April 22, 2003 Page 2 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. MAY 5 2003 INTRODUCED: MAY 52003 PASSED: APPROVED: ~ PETER B. LEWIS MAYOR NAY Ii 2D03 --- c.-::;7 .) ATTEST: JJIltJ)¡ ~ 'Danielle E. Daskam, City Clerk PUBLISHED: ~9-ó 3 ---------------------------- Ordinance No. 5756 April 22, 2003 Page 3 - -----..-------- 12/01/04 08:47 FAX 206 440 4806 NWR OPIjRATIONS i¡!003 o REGION COPY -. ~. . ::7:: Washington State "'/I Department of Transportation .0 -'" , ,A-"Z-S# Agency and Address Highways and Local Programs City of Auburn State Funding Agreement 25 West Main Street Work by Public Auburn, WA 98001-4998 Agencies Agreement Number Maximum Amount Authorized Location and Description of Work (See alllo Exhibit "A") trA 5550 $150,000.00 White River/BNSF RRIE. Valley Hwy Safety Improvement Project Participating Percentage Project Number 78.95% I-IL?-TsotrOI!ó) SEE EXHIBIT A 4, ~ Thl.AGREEMENTismadeandenteredintothis ZZ",b> day of M14Y .' 7<V\~ .between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Tran.porti.tion, herainafter called the ·STATE: and the above named organization, hereinaftar called the "AGENCY," . WHEREAS, the AGENCY Is planning the work shown above, and in connection therewith, the AGENCY has requested finenclal assistance for the project or progrem. and WHEREAS, the AGENCY has requested funds for the above shown project or program, which has been selected by the STATE for funding assistanœ. NOW THEREFORE, In consideration of the terms, conditions, covenents, and peñormances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: Estimate of Fundin" Type of Work (1) (2) (3) Estimated Tolal Estimated Agency Esömated Project Funds Funds Slate Funds PE a. "nen"" 16,000.00 3,368.00 12,632.00 b.Other Consultants 172,000.00 36,206.00 135,794.00 c, Other d. State 2,000.00 426.00 1,574.00 e. Total PE Cost Estimate (a-<b-c<d1 190,000.00 40,000.00 150,000.00 Right of Way f. Aoencv ~. "th6' ! h.Othar 1. State I, Total R1W Cost Estimate If«lffi+i\ i Construction k. Contract I. Other : m,Other n. Other o. ·~en"" n.State q. Total CN Cost Estimate (k+i...n+n"'<>"P) r. Total Project Cost Estimate (o<j"'<l) 190,000.00 40,000.00 150,000.00 /' /" r Exhibit 1 Ordinance No. 5756 DOT Form 140.087 EF RlWlsed 9100 REGION COP¡', 12/01/0~ 08:4ð FAX 206 440 4806 NWR OPERATIONS ~004 11',1 WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year last written below. ~~ I General The AGENCY agrees to peñorm the above described work In accordance with the Projsct Application attached hereto as -Exhibit A- and made a part of this AGREEMENT. Plans. speclficaUons, and cost estimates shall be prepared by the AGENCY in accordance with the current State 01 Washington Standard Spclciflcatlons for Road. Bridge, and Municipal Consb'uction and adopted design standards. unless otherwise noted. The AGENCY win incorporate the plans and specifications Into the AGENCY's project and thereafter advertise the resulting project for bid and, assuming bids are reçeived and a contract Is awarded, administer the contract. or If the project Is of a size which the AGENCY is authorized to perfonn with its own forces under the laws of the State of Washington, U1e AGENCY may proceed wilh its own forces. All work performed under this AGREEMENT shall comply with the apptlcable provisions of state law. II Payment The STATE, in consideration of the faithful performance of the work 10 be performed by the AGENCY, agrees to reimburse the AGENCY lor the percentage of the aebJal dired and related inØlrect cost of the work shown above, up 10 the "MAXIMUM AMOUNT AUTHORIZED". The agency will comply with Govemmental Accounting Auditing and Financial Reporting Standards and applicable state law and local regulations, policies and procedures. No payment wUJ be made for work done prior to execution of this AGREEMENT. Partial payments shall be made by the STATE, upon request of the AGENCY, to cover costs Incurred. These payments are not 10 be more frequent than on8 (1) per month. It is agreed that eny such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit. all required adjustments will be made and reflected In a final payment The AGENCY agrees to submtt a final bill to the STATE within fony-five (45) days after the AGENCY has oompletod work. The AGENCY agrees that all costs In excess of the amount authorized and the AGENCY's matching lunds shall be the responsibility of the AGENCY. III Audit The AGENCY agrees that an audit may be conducted by the STATE. During the progress of the work and for a period not less than three (3) years from the date of final peyment to the AGENCY, tha records and accounts pertainIng to the work and accounting thereof are to be kept available for Inspection and audit by the STATE and copies of all records, accounts, dowments, or other data pertaining to the projact will be furnished upon request. If any IltigaUon, daim, or audllls commenced, the records and accounts along with supporung documentation shall be roteined until all litigation, daim, or audit finding has been resolved even though such litigation, claim, or audit continues past the three-year retention period. AGENCY By: .--> -] Title: Peter B. Lewis - Mayor Date: -')-501 DOT Form 14().Oð7 EF R~seä 9/00 ~ ......wn. IV Legal Relations No liability shan attach to the AGENCY or the STATE by reason of enlerlng into this AGREEMENT except as expressly provided herein. V Nondiscrimination The AGENCY agrees lo comply with all appli<:::abla state and federal laws, rules, and regulations pertainIng to nondl:;crimlnatlon and agrees to require the same of all subcontractors proviidlng services Of performing any work using funds provided under this AGHEEMENT. VI Venue For the convenience of the parties to this AC;REEMENT, tt is agreed that any claims and/or causes of action which the AGENCY has against the STATE, growing out of this AGREEMENT or the project or prog",m with which It Is concerned. shall be brought only in the Superior Court for Thurston COunty. VII Termination The Secretary of the Department of Transportation may terminate this AGREEMENT if the funding becomes unElvallable or if the Secretary determines that it Is in the best interest of the STATE. VIII Final Report and Final Inspection Within ninety (90) days following the completion of the project and submission of the final billing for the projel:t, a final report and/or final inspection shall be submitted to the AssIsta,nt Secretary for Highways & Local Programs containing the following information: Nnn..caoltal Proiects 1. A description of the project or program. 2. A summary of actual costs of the project: or prognam. 3. An evaluation of the project or program. This should address aspects such as b'ansportatlon and/or other benltfUs to the public.. CaDItaI Prolects 1. A final Inspection Is required. IX Supplement Thi~ agreement may be modified or suppJel11ented only In writing by both parties. STATE By: C-;-fÌ--¿'~" I .; . ~L Assistant 5 cretary for Highways and Local Programs Date: MAY 2 2 2003 t'A 555'0