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.