HomeMy WebLinkAbout4856 RESOLUTION NO 4856
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
ACCEPT A FEDERAL GRANT TO BE ADMINISTERED
THROUGH THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION FOR THE AUBURN WAY SOUTH
CORRIDOR SAFETY IMPROVEMENTS, MUCKLESHOOT PLAZA
TO DOGWOOD STREET SE
WHEREAS, the City desires to increase the safety of its transportation
corridors; and
WHEREAS, the need for corridor improvements on Auburn Way South is
recognized in Auburn's adopted Transportation Improvement Program, and
WHEREAS, the City applied for and was granted a federal grant to be
administered through the Washington State Department of Transportation
(WSDOT) in the amount of $2,333,108 to finance safety improvements for the
Auburn Way South Corridor, from the Muckleshoot Plaza to Dogwood Street
SE, including improving access management, providing u-turns, upgrading
transit stops and street lighting, widening to accommodate turn lanes, bicycle
facilities and sidewalks, installing ADA pedestrian push buttons and audible
countdown pedestrian signal heads, and upgrading traffic signals; and
WHEREAS, the $2,333,108 federal grant does not require a local match;
and
-----------------------------
Resolution No. 4856
September 7, 2012
Page 1
WHEREAS, it is in the best interest of the City to use grant monies to
finance safety improvements to the transportation system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, HEREBY RESOLVES as follows.
Section 1. That the Mayor is hereby authorized to accept the
Washington State Department of Transportation federal grant for $2,333,108 for
the Auburn Way South Corridor Safety Improvements, Muckleshoot Plaza to
Dogwood Street SE, with no local match funds required. In addition, the Mayor
is hereby authorized to execute a Local Agency Agreement between the City
and Washington State Department of Transportation in substantial conformity
with the agreement attached hereto, marked as Exhibit A and incorporated
herein by this reference. Also, the Mayor is hereby authorized to execute any
further necessary supplemental agreements for the Project, expending up to the
total amount of the grant of $2,333,108.
Section 2. The Mayor is hereby authorized to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this \--V�— day of4 t�,�2012.
-----------------------------
Resolution No. 4856
September 7, 2012
Page 2
CITY OF AUBURN
PET R B LEWIS
MAYOR
ATTEST
Dan elie E. Daskam,
City Clerk
APPROVED AS TO FORM•
D I B.'14
City Attorney
-----------------------------
Resolution No. 4856
September 7, 2012
Page 3
7WashbWon ,� �v Local Agency Agreement
Agency City of Auburn CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Address 25 West Main Street Project No. } t n' d (��{ 6 S
Auburn, WA 98001 Agreement No. 7 '
For OSC WSDOT Use Only
The Local Agency having complied, or hereby agreeing to comply with the terms and conditions set forth in(1)-fitic 23,U.S.Code I lighways. (2)
the regulations issued pursuant thereto, (3) 2 CFR 225 (4) Office of Management and Budget Circulars A-102, and A-133, (5) the policies and
procedures promulgated by the Washington State Department of'I'ranspurtation, and(6)the federal aid project agreement entered into between the
State and Federal Government, relative to the above project,lire 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 r, column 3, without written authority b) the State, subject to the approval of the Federal Highway Administration. All project costs not
reimbursed by the Federal Government shall be the responsibility'of the Local Agency.
Project Description
Name Auburn Way South (SR-164)Corridor Safety Improvements Length 0.50 mile
Termini Auburn Way South(SR-164),between MP 1.65 (Muckleshoot Plaza)&MP 2.28 (Dogwood St. SE)
Description of Work
This project will improve access management, provide u-turns, upgrade transit stops and street lighting,widen to
accommodate turn lanes and pedestrians and bicycles,upgrade pavement markings, install pedestrian signals and
audible pedestrian push buttons,and upgrade traffic signals to change the phasing and to improve the visibility ofthe
signal heads.
Estimate of Fundin
Type of Work (�) (2) (3)
Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a.Agency 51,710.00 51,710.00
100 % _b. Other Consultant 260 000.00 260 000.00
c.Other
Federal Aid
Participation d. State 500.00 500.00
Ratio for PE e.Total PE Cost Estimate a+b+c+d 312,210.001 1 312 210.00
Right of Way f.Agency
_g. Other
h Other
Federal Aid i. State
Participation
Ratio for RW Total R=Cost Estimate f+ +h+i
Construction k.Contract
I. Other
m Other
n. Other
o.Agency
Federal Aid —p State
Participation
Ratio for CN a.Total CN Cost Estimate k+l+m+n+o+
. otal Pr os timate a+'+ 312 210.001 312 210.00
Agency Offici Washington State par ent of Tran lortation
By By
Title Pete,n I r�oic M;tynr Director of Highways and Loral Programs
Date Executed NOV 1 2012
DOT Form 140-039 EF 'I
Revised 0912011
Construction Method of Financing (Check Method Selected)
State Ad and Award
❑ Method A-Advance Payment Agency Share of total construction cost(based on contract award)
❑ Method B Withhold from pas tax the Agency's share of total construction cost(line 4,column 2)in the amount of
$ at$ per month for months.
Local Force or Local Ad and Award
® Method C-Aaencv cost incurred Wth oartial reimbursement
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 accepts and will comply with the applicable provisions set
forth below.Adopted by official action on
September 17 2012 Resolution/Ordinance No. Resolution No. 4856
Provisions
I. Scope of Work
The Agency shall provide all the work.labor,materials,and sen•ices necessary to perform the project which is described and set forth in detail in
the 'Project Description and Type of Work.
When the Slate acts for and on behalf of the Agency, the Stale shall 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 accordance with plans and specifications as proposed by the Agency and approved
by the State and the Federal Highway Administration.
When the Slate acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perromh the work
subject to the ordinary procedures of the Slate and Federal Highway Administration
H. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project.The Agency agrees that the State
shall have the full authority to carry out this administration. 'file Stale shall review, process, and approve documents required for federal aid
reimbursement in accordance with federal requirements If the State advertises and awards the contract,the State will further act for the Agency in
all matters concerning the project as requested by the Agency It the Local Agency advertises and awards the project,the State shall review the work
to ensure conformity with the approved plans and specifications.
III. Project Administration
Certain types of work and services shall be provided by the Stale on this project as requested by the Agency and described in the Type of Work
above.In addition,the State will furnish qualified personnel for the supervision and inspection of the work in progress On Local Agency advertised
and awarded projects,the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans,specifications,and
federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project
will be considered a cost thereof.All costs related to this project incurred by employees of the State in the customary manner on highway payrolls
and vouchers shall be charged as costs of the project
IV Availability of Records
All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local
government accounting procedures prescribed by the Washington Slate Auditors Office, the US Department of Transportation, mid the
Washington Stale Department of Transportation.l'Ihe records shall be open to inspection by the Slate and Federal Government at all reasonable limes
and shall be retained and made available for such inspection for it period ol'not less than three years from the final payment or any federal aid funds
to the Agency.Copies of said records shall he furnished to the State and/or Federal Government upon request.
V Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in lvriting by the State
for each classification The classifications of work for projects arc.
I.Preliminary engineering.
2.Right of way acquisition.
3.Project construction.
In the event that right of way acquisition,or actual construction of the road, for which preliminary engineering is undertaken is not started by the
closing of the tenth fiscal year following the fiscal year in which the agreement is evecuted, the Agency will repay to the State the sum or sums of
federal funds paid to the Agency under the terms of this agreement(see Section IX).
The Agency agrees that all stages of construction necessary to provide the iniiialh,planed complete facility within the limits of this project will
conform to at least the minimum values set by approved statewide design standards applicable to this class of highways.even though such additional
work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages
relative to the basis of federal participation in the project cost shall he applicable ut the event the contractor fails to complete the contract within the
contract time
VI. Payment and Partial Reimbursement
The total cost of the project,including all review and engineering costs and other espenseS of the Stale, is to be paid by the Agency and by the
Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR 225 and Office of
Management and Budget circulars A-lag and A-133.The Slate shall not he ultimately responsible for any of the costs of the project.The Agency
shall be ultimately responsible for all costs associated with the project which are not reimbursed by file Federal Government. Nothing in this
agreement shall be construed as a promise by the Stale as to the amount or nature of federal participation in this project
DOT Form 140-039 EF 2
Revised 09/2011
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall
minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs Expenditures by the Local Agency for
maintenance,general administration,supervision,and other overhead shall not be eligible for federal participation unless a current indirect cost plan
has been prepared in accordance with the regulations outlined to 2 CFR 225 -Cost Principles for State. Local,and Indian Tribal Government, and
retained for audit.
The State will pay for State incurred costs on the project, Following payment, the State shall bill the Federal Government for reimbursement of
those costs eligible for federal participation to the extent that such costs aic attributable and properly allocable to this project.The Slate shall bill the
Agency for that portion of State costs which were not reimbursed by the Federal Government(see Section IX).
I. Project Construction Costs
project construction financing will be accomplished b} one ofthe three methods as indicated in this agreement.
Method A—The Agency will place with the State,within(20)days after the execution of the construction contract,an advance in the anwunl of
the Agency s share of the total construction cost based on the contract award.The Slate will notify the Agency of the exact amount to be deposited
with the State The Slate will pay all costs incurred under the contract upon picsentation of progress billings from the contractor Following such
payments, the State will submit a billing to the Federal Government fin* the fedeial aid participation share of the cost. When the project is
substantially completed and final actual costs of the pumjecl can be determined, the Slate will present the Agency wdh a final billing showing the
amount due the State or the amount due the Agency. This billing will he cleared by either a payment from the Agency to the Slate or by a refund
from the Slate to the Agency
Method B— The Agency s share of the total construction cost as shown on the face of-this agreement shall be withheld from its monthly fuel tax
allotments. The lace of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each
month."fhe extent of withholding will be confirmed by letter from the State at the time of contract award.Upon receipt of progress billings from the
contractor,the Slate will submit such billings to the Federal Government fin payment of its participating portion of such billings.
Method C—The Agency may submit vouchers to the State in the format prescribed by the State,in duplicate,not more than once per month far
those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project Expenditures
by the Local Agencv for maintenance, general administration,supervision, and other overhead shall not be eligible for Federal participation unless
claimed under a previously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the
time of audit,the Agency will provide documentation of all costs incurred on the project.
The Stale shall bill the Agency for all costs incurred by the Slate relative to the project.The State shall also bill the Agency for the federal funds
paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation(sec Section IX).
VII. Audit of Federal Consultant Contracts
'file Agency, if services of a consultant are required, shall be responsible fitr audit of the consultant's records to determine eligible federal aid
costs nn the Pill jecl. 'file report of said audit shall be to the Agency s files and made available to the State and the Federal Government.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as
issued by the United Slates General Accounting Office by the Comptroller General of the United States. WSDOT Manual M 27-50, Consultant
Authorization, Selection, and Agreement Administration; memoranda of undeistani ing between NVSDOT and FHWA, and Office of Management
and Budget Circular A-133.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred.the Agency shall reimburse
the State for the amount of such overpayment or excess participation(see Section IX).
VIII. Single Audit Act
the Agency, as a subrecipienl of federal funds,shall adhere to the federal Office of Management and Budget(OMB)Circular A-133 as well as all
applicable federal and state statutes and regulations. A subrecipient who expends $500.000 or more in federal awards from all sources during a
given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of OMB Circular A-133.
Upon conclusion of the A-133 audit,the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State
IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State s billing relative to the project(e.g. Stale force work, project
cancellation,overpayment, cost ineligible for federal participation.etc.)is not made to the State within 45 days after the Agency'has been billed,the
Stale shall effect reinmbnsemenl of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No
additional Federal pmjecl finding will he approved until full payment is received unless otherwise ditecled the Director of Highways and Local
Programs
X. Traffic Control, Signing, Marking, and Roadway
Maintenance
The Agency will not permit any changes to be made in the provisions fin packing regulations mid traffic control on this project without prior
approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,signals,or markings not
in conformance with the standards approved by the Federal Highway Administration and MUFCD The Agency will.at its own expense,maintain
the improvement covered by this agreement.
XI. Indemnity
The Agency shall hold the Federal Government and the State harmless local and shall process and defend at its own expense all claims, demands,
or suits;whether at Iry or equity brought against the Agency.State,or Federal Government,arising from the Agency s execution,
DOT Fonn 140-039 EF 9
Revised 09/2011
performance,or failure to perform any,of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or
arising by reason of the participation of the Slate or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to
reimburse the State or the Federal Govemmcnl for damages arising out of bodily injury to persons or damage to property caused by or resulting from
the sole negligence of the Federal Government or the State.
XII. Nondiscrimination Provision
No liability,shall attach to the State or Federal Government except as expressly provided hereon.
The Agency shall not discriminate on the basis of race. color, national origin, or sex in the award and performance of any USDOT-assisted
contract and/or agreement or in the administration of its DR17 program or the requirements of 49 CFR Part 26. The Agency shall take all necessary
and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT assisted contracts and
agicements. The WSDOT s DBE program, as required by 49 CPR Part 26 and as approved by USDOT is Incorporated by reference to this
agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the Agency of its failure to carry out its approved program,the Department may impose sanctions as provided for under Part 26
and may, in appropriate cases,rcler the matter for enforcement under 18 U.S.C. 1001 and/or the Progiam Fraud Civil Remedies Act of 1986(31 U
S.C.3801 et seq.)
The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for constuction work,or modification thereof as
defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is paid for in whole or in part with funds obtained from
the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or
understanding pursuant to any federal program involving such grant. contract. loan, insurance, or guarantee, the required contract provisions for
Federal-Aid Contracts(FFI\VA 1273).located in Chapter 44 of the Local Agency Guidelines.
The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it
participates in federally assisted construction work. Provided,that if the applicant so participating is a State or Local Government, the above equal
opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or
under the contract.
The Agency also agrees.
(I) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity
clause and rules,regulations,and relevant orders of the Secretary of Labor.
(2) To famish the State such infatuation as it may require for the supervision of such compliance and that it will otherwise assist the State in
the discharge of its primary responsibility for securing compliance.
(3) Tb refrain from entering into any conti act or contract modification subject to Executive Order 11246 of September 24, 1965 with a
contractor debarred from, or who has not demonstrated eligihility for, government contracts and federally assisted construction contracts
pursuant to the Executive Order.
(4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the Stale,Federal Highway Administration,or the Secretary of Labor pursuant to Part Ii,subpart D of the Executive Order
In addition, the Agency agrees that if it fails or refuses to comply with these undertakings.the State may take any or all of the following
actions.
(a) Cancel.terminate.or suspend this agreement in whole m in part.
(b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been received from the Agency and
(c) Refer the case to the Department of justice for appropriate legal proceedings
XIII. Liquidated Damages
'fhe Agency hereby agues that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount 01'
Federal participation in the project cost,shall be applicable in the event the contractor fails to complete the contract within the contract lime. Failure
to mdudc liquidated damages provision will not relieve the Agency from reduction of federal participation in accoidancc%kith this paragraph.
XIV Termination for Public Convenience
'hhe Secretary of the Washington State Department of T7ansportalion may terminate the contract in whole, or from time to time in part,
whenever:
(1) 9h e requisite federal funding becomes unavailable through failure of appropriation or otherwise.
(2) The contractor is prevented front proceeding with the work as a direct result of an Executive Order of the President with respect to the
prosecution of war or in the interest of national defense, or an Exeellflve Order of the President or Governor of the State with respect to the
Preservation of energy resources.
(3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a
court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than
the contractor.
(4) The Secretary determines that such termination is in the best interests of the State.
XV Venue for Claims and/or Causes of Action
For the corn enience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the
State of Washington,growing out of this contract or the project with which it is concerned,shall be brought only in the Superior Court for Thurston
County
DOT Form 140-039 EF 4
Revised 09/2011
XVI. Certification Regarding the Restrictions of the Use
of Federal Funds for Lobbying
The approving authority certifies,to the best of his or her knowledge and belief.that:
(1) No federal appropriated finds have been paid or will be paid,by or on behall'of the undersigned,to any person for influencing or attempting
to influence an officer or employee of any federal agency, a member of Congress,an officer or employee of Congress,or an employee of a member
of Congress in connection with the mcarding of any federal contract,the making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement. and the e%tension, continuation, renewal, amendment. or modification of any federal contract, grant, loan, or
cooperative agreement.
(2) If any finds other than federal appropriated funds have been paid or will be paid to any person loot influencing or attempting to influence an
officer or employee of any federal agency. a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in
connection with this federal contract, gram, loan, or cooperative agreement. the undersigned shall complete and submit the Standard Form-LLL
'Disclosure Form to Report Lobbying;'in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers
(including subgrants,and contracts and subcontracts under grants,subgrants,loans,and cooperative agreements)which exceed$100,000,and that all
such subrecipienls shall certify and disclose accordingly
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission
of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
Additional Provisions
a
❑0T Form 140-039 EF 5
Revised 09/2011