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HomeMy WebLinkAboutItem VIII.A.3WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subiect Ordinance No. 5756 Department: I Attachments: Ordinance No. 5756 and Public Works I WSDOT Local Agency Agreement Administrative Recommendation: Date: 5/1/2003 Budget Impact: $190,000 City Council to introduce and adopt Ordinance No. 5756. Background Summary: The Burlington Northern Sante Fe Railroad (BNSF) & East Valley Highway (A Street SE) Pedestrian Undercrossing Project includes the design and construction of an underpass beneath the BNSF and East Valley Highway (A Street SE). This underpass will link existing pedestrian facilities along both sides of the railway and roadway corridor, making it possible for pedestrians to safely cross the area. The City of Pacific received a grant of $150,000 for the partial funding of the Design Phase of this project. Based on a study completed by the Washington State DOT, the total project is expected to cost approximately $1.9 million. An Interlocal Agreement between the Auburn and Pacific has been executed which assigns Auburn as the Lead Agency and commits both cities to seek additional funding for the project. Ordinance No. 5756 approves the appropriation and expenditure of Traffic Safety Near Schools grant funds in the amount of $150,000 for Project No. C229A. Additionally, the Ordinance authorizes the expenditure of $40,000 of City matching funds from the Parks and Recreation Department King County Open Space Fund. The project requires a Budget Adjustment of $190,000 to begin the design of the project. At their meeting on April 28, 2003, the Public Works Committee directed that language on page 2 of the ordinance, Section 1, be revised to authorize the Mayor and City Clerk to approve and execute any future supplemental agreements required for completion of the project design only. W0505-7 O4.12.1, F5.2.15 Reviewed by Council & Committees: [] Arts Commission COUNCIL COMMI'H'EES: [] Airport [] Finance [] Hearing Examiner [] Municipal Serv. [] Human Services [] Planning & CD [] Park Board []PublicWorks [] Planning Comm. [] Other Reviewed by Departments & Divisions: [] Building [] M&O [] Cemetery [] Mayor [] Finance [] Parks [] Fire [] Planning [] Human Resources [] Police [] Legal [] Public Works Action: Committee Approval: I-lYes []No Council Approval: []Yes []No Referred to Until Tabled Until Call for Public Hearing / / / / / / Councilmember: Wagner Meeting Date: May 5, 2003 Staff: Dowdy Item Number: VIII.A.3 AUBURN * MORE THAN YOU IMAGINED ORDINANCE NO. 5 7 5 6 AN ORDINANCE OF THE CITY COUNCIL OF AUBURN, WASHINGTON, AUTHORIZING THE CITY CLERK TO SIGN A LOCAL AGENCY THE CITY OF MAYOR AND 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 $150,000 to the City of Pacific for the preparation and implementation of a Pedestrian Undercrossing of East Valley Highway ('A' Street SE) and the Burlington Northern Sante Fe Railroad north of the White River for pedestrian safety; 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 April 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. INTRODUCED: PASSED: APPROVED: ATTEST: PETER B. LEWIS MAYOR Danielle E. Daskam, City Clerk I~"niel B. Hei~ City Attorney PUBLISHED: Ordinance No. 5756 April 22, 2003 Page 3 ~--'7~ Washington State Department of Transportation Agency and Address Highways and Local Programs City 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 also Exhibit "A") $150,000.00 White River/BNSF RR/E. Valley Hwy Safety Improvement Project Participating Percentage Project Number 78.95% C229A SEE EXHIBIT A This AGREEMENT is made and entered into this day of , , between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the "STATE," and the above named organization, hereinafter called the "AGENCY." WHEREAS, the AGENCY is planning the work shown above, and in connection therewith, the AGENCY has requested financial assistance for the project or program, and WHEREAS, the AGENCY has requested funds for the above shown project or program, which has been selected by the STATE for funding assistance. NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: Estimate of Funding (1) (2) (3) Type of Work Estimated Total Estimated Agency Estimated Project Funds Funds State Funds PE a. Agency 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~+d) 190,000.001 40,000.00 150,000.00 Right of Way f. Agency g. Other h. Other i. State j. Total PJW Cost Estimate {f~+h+i) Construction k. Contract I. Other m. Other n. Other o. Agency p. State q. Total CN Cost Estimate (k+l+m+n+o+p) r. Total Project Cost Estimate (e+j+q) 190,000.00 40,000.00 150,000.00 Exhibit 1 Ordinance DOT Fo~ 1~87 EF Revi~d 9/00 No. 5756 I General The AGENCY agrees to perform the above described work in accordance with the Project Application attached hereto as "Exhibit A" and made a part of this AGREEMENT. Plans, specifications, and cost estimates shall be prepared by the AGENCY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction and adopted design standards, unless otherwise noted. The AGENCY will incorporate the plans and specifications into the AGENCY's project and thereafter advertise the resulting project for bid and, assuming bids are received and a contract is awarded, administer the contract, or if the project is of a size which the AGENCY is authorized to perform with its own forces under the laws of the State of Washington, the AGENCY may proceed with its own forces. All work performed under this AGREEMENT shall comply with the applicable provisions of state law. II Payment The STATE, in consideration of the faithful performance of the work to be performed by the AGENCY, agrees to reimburse the AGENCY for the percentage of the actual direct and related indirect cost of the work shown above, up to the uMAXIMUM AMOUNT AUTHORIZED". The agency will comply with Governmental Accounting Auditing and Financial Reporting Standards and applicable state law and local regulations, policies and procedures. No payment will 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 to be more frequent than one (1) per month. It is agreed that any 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 submit a final bill to the STATE within forty-five (45) days after the AGENCY has completed work. The AGENCY agrees that all costs in excess of the amount authorized and the AGENCY's matching funds 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 payment to the AGENCY, the 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, documents, or other data pertaining to the project will be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the three-year retention period. IV Legal Relations No liability shall attach to the AGENCY or the STATE by reason of entering into this AGREEMENT except as expressly provided herein. V Nondiscrimination The AGENCY agrees to comply with all applicable state and federal laws, rules, and regulations pertaining to nondiscrimination and agrees to require the same of all subcontractors providing services o[ performing any work using funds provided under this AGREEMENT. VI Venue For the convenience of the parties to this AGREEMENT, it 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 program 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 unavailable 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 project, a final report and/or final inspection shall be submitted to the Assistant Secretary for Highways & Local Programs containing the following information: Non-Capital Proiects 1. A description of the project or program. 2. A summary of actual costs of the project or program, 3. An evaluation of the project or program. This should address aspects such as transportation and/or other benefits to the public. Capital Proiects 1. A final inspection is required. IX Supplement This agreement may be modified or supplemented only in writing by both parties. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year last written below. AGENCY STATE By: By: Title: Peter B. Lewis - Mayor Assistant Secretary for Highways and Local Programs Date: Date: DOT Form 140-087 EF Revised 9/00 Agency: Project: Exhibit A Washington State Department of Transportation Highways and Local Programs State Funding Agreement City of Auburn White River/BNSF RR/E. Valley Hwy Safety Improvement Project Project Location: This project is located on East Valley Highway ('A' Street SE) and the Burlington Northern Sante Fe Railroad immediately north of the White River in Pacific, Washington. Project Description: In December 2000, the Washington State Department of Transportation published the Pedestrian Safety Improvement Study- Skinner Road and East Valley Highway, that identifies available options and costs for providing pedestrian access through the BNSF Railroad and East Valley Highway ('A' Street SE) corridor. The access alternative selected from the WSDOT Study by the Cities of Auburn and Pacific entails the design and construction of a pedestrian underpass beneath the railroad and roadway corridor. This underpass will link existing pedestrian facilities along the eastern and western sides corridor, making it possible for pedestrians to safely cross the area.