HomeMy WebLinkAboutItem VIII-B-2
AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution No. 3813
Date: January 19, 2005
Department: I Attachments: Budget Status Sheet,
Public Works Resolution No. 3813, Vicinity Map
Administrative Recommendation:
Budget Impact:
City Council adopt Resolution No. 3813.
Background Summary:
The Burlington Northern Sante Fe Railroad (BNSF) & East Valley Highway (A Street SE) Pedestrian
Underpass 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 Traffic Safety Near Schools grant of $150,000 for the partial funding of the
Design Phase of this project. This was matched with funds of $40,000 from the Parks and Recreation
Department King County Open Space Fund. An executed Interlocal Agreement between the cities of
Auburn and Pacific assigned Auburn as the Lead Agency and committed both cities to seek additional
funding for the project. This process recently resulted in the award of an additional $150,000 federal
grant (Section 1103 High Speed Rail Program) to complete the project design. This grant requires
acceptance through City resolution.
This resolution accepts and authorizes the expenditure of Federal Section 1103 High Speed Rail Program
funds in the amount of $150,000 by the City of Auburn for final design of the project. No local match is
required for this grant.
Based on preliminary estimates from the conceptual design, the total project is expected to cost
approximately $2.4 million. The project requires a Budget Adjustment of $150,000 from the 102 Arterial
Streets fund to fund the project design.
W0207 -5
04.12.1 PR C229A, 04.5.1
Reviewed by Council & Committees:
D Arts Commission COUNCIL COMMITTEES:
D Airport 0 Finance
o Hearing Examiner 0 Municipal Servo
o Human Services 0 Planning & CD
o Park Board [8JPublic Works
o Planning Comm. 0 Other
Reviewed by Departments & Divisions:
o Building 0 M&O
o Cemetery 0 Mayor
o Finance 0 Parks
o Fire 0 Planning
[8J Legal 0 Police
[8J Public Works D Human Resources
Action:
Committee Approval: OYes ONo
Council Approval: OYes ONo Call for Public Hearing _/_/-
Referred to Until _/_/-
Tabled Until _/_/-
Councilmember: Wagner I Staff: Dowdy
Meeting Date: February 7, 2005 I Item Number: VIII.B.2
BUDGET STATUS SHEET
@ PS&E @ 30% Date: January 19, 2005
0 Pre-bid
o Award
n Const @ XX%
3,817 146,183 150,000
40,000 40,000
150,000 150,000
3,817 $ 186,183 $ 150,000 340,000
3,817 $
186,183 $ 2,575,000 $
2,765,000
(102 Fund Project Contingency)
102 Funds Required
$
$
$
$ 2,425,000
2,425,000
W0207 -5a
RESOLUTION NO. 3 8 1 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A LOCAL AGENCY AGREEMENT
BETWEEN THE CITY OF AUBURN (THE CITY) AND THE
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
RELATING TO PROJECT C229A BURLINGTON NORTHERN
SANTE FE (BNSF) RAILROAD & EAST VALLEY HIGHWAY ('N
STREET SE) PEDESTRIAN UNDERPASS PROJECT
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 Ifor the
design and construction of a pedestrian underpass of East Valley Highway ('A'
Street SE) and the Burlington Northern Sante Fe Railroad north of the White
River for pedestrian safety (the Project); and
WHEREAS, the City of Pacific was awarded a Traffic Safety Near
Schools grant from the Washington State Department of Transportation
(WSDOT) in the amount of $150,000 for the Project requiring a $40,1000 in
matching funds for the preliminary design of the project; and
WHEREAS, as the lead agency, the City of Auburn accepted the Traffic
Safety Near Schools grant in the amount of $150,000 under Ordinance 5756;
and
-------------.-.-
Resolution No. 3813
January 18, 2005
Page 1
WHEREAS, the City has been awarded an additional grant from the
federal Section 1103 High Speed Rail Program in the amount of $1S0,000,
requiring no matching funds, to continue the design of the project; and
WHEREAS, it is in the best interest of the City to use Section 1103 High
Speed Rail Program monies to finance capital improvements to the Auburn
pedestrian facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor and City Clerk are hereby authorized to exocute a
Local Agency Agreement between the City and WSDOT, in sub~¡tantial
conformity with the agreement attached hereto, marked as Exhibit "A" and
incorporated herein by this reference.
Section 2. That the Mayor is hereby authorized to implement such other
administrative procedures as may be necessary to carry out the directive of this
legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
------
Resolution No. 3813
January 18, 2005
Page 2
Dated and Signed this
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
-----------------
Resolution No. 3813
January 18, 2005
Page 3
day of
,2004.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
~
w
Washington State
Department of Transportation
Local Agency Agreement
CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Project No.
Agreement No.
For OSC WSDOT Use Onlv
Agency City of Auburn
Address 25 W. Main Street
Auburn, W A 98001
The Local Agency having complied, or hereby agreeing to compiy, 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 Budgct Circulars A-102, A-S7 and A-133, (4) the policies and procedures
promulgated by the Washington State Departmcnt of Transportation. and (5) the federal aid project agrecmcnt entcred into between thc 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 r, column
3, without written authority by the State, subject to the approval of the FederalHighway Administration. All projectcosts om reimbursed by the Federal
Govemmcnt shall bc the responsibility of the Local Agency.
Project Description
Name BNSF/East Valley Highway Pedestrian Underpass Length 0.1 mile
Termini East Valley Highway, just north of the White River, near Skinner Road
Description of Work
This project consists of the design and construction of an underpass beneath the BNSF and East Valley Highway (A
Street SE). This underpass wi1llink existing pedestrian facilities along both sides of the railway and roadway corridor,
making it possible for pedestrians, namely school children, to safely cross the area.
Estimate of Funding
Type of Work (1) (2) (3)
Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a. Aoency 13,000.00 , , 13,000.00
I
100 % b. Other Consultant 135,000.00 135,000.00
-
c. Other
Federal Aid d. State 2.000.00 2,000.00
Participation -e. Total PE Cost Estimate la+b+c+d' 150,000.00
Ratio for PE 150,000.00
Right of Way f. AoenCY
0 % n. Other
-
h. Other
Federal Aid 1. State
Participation
Ratio for RW õ. Total RfW Cost Estimate (f+n+h+i\
Construction k. Contract
I. Other
- .
m.Other
n. Other
0 % o. Aaencv
-
Federal Aid n. State
Participation o. Total CN Cost Estimate Ik+l+m+n+o+n\
Ratio for CN
r. Total Protect Cost Estimate le+i+ql 150 000.00 150 000.00
Agency Official
Washington State Department of Transportation
By
By
Title M~yor C:i~ of Auhurn
Assistant Secretary for Highways and Local Programs
Date Executed
DOT Form 140-039 EF
Revised 0112004
T
State Ad and Award
o Method A - Advance Payment - Agency Share of total construction cost (based on contract award)
o Method B _ Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of
$ at $ per month for
Local Force or Local Ad and Award
~ Method C - Agency cost incurred with partial reimbursement
The Local Agency further stipuiates 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
January 24 2005 . Resolution/Ordinance No. Res 3813
Construction Method of Financing
(Check Method Selected)
Provisions
I. Scope of Work
The Agency shall provide aU the work, labolQ1aterials, and services necessary
to peñorm the project which is described and set forth in detail in the "Project
Description" and "Type of Work."
When the State acts for and on behalf of the Agency. the State 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 State acts for the Agency but is not subject to the right of control by
the Agency, the State shall have the right to peñonn the work subject to the
ordinary procedures of the State and Federal Highway Administration.
II. Delegation of Authority
The State is willingto fulfill the responsibilities to the Federal Governmentby
the administration ofthis project. The Agencyagrees that the State shall have the
full authority to carry out this administration. The State 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. If 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 State 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 shallbe 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 incum:ånd actual expenditures kept
by the Agency are to be maintained in accordance with local government
accounting procedures prescribed by the Washington State Auditor's Office, the
U.S. Department of Transportation, and the WlLShington State Department of
Transportation. The records shall be open to inspection by the State and Federal
Government at all reasonable times and shall be retained and made available for
such inspection for a period of not Ies~an three years from the final payment of
any federal aid funds to the Agency. Copies of said records shall be 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 writing by the State for
each classification. The classifications of work for projects are:
DOT Form 140-039 EF
Revised 01/2004
months.
I. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
In the event that right of way acquisition, or acUlal 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
executed, the Agency will repay to the State the sum or sums of federal funds
paid to the Agency under the terms of this agreemcnt (see Section IX).
The Agency agrees that all stages of construction necessary to provide the
initially planned 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
ba.~ìs of federal participation in the project cost sh~J) be applicable in 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 expenses of the State, is to be paid by the Agency and by the Federal
Government. Federal funding shall be in accordance with the Transportation
Equity Act for the 2 I st Century (TEA 2 I), as amended, and Office of
Managementand Budget circulars A-102, A-87 and A-I33. The State shall not
be ultimately responsihlefor 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 the Federal Government. Nothing in this agreement shall be
construed as a promise by the State as to the amount or nature of federal
participation in this project.
The Agency shall bill the state for federal aid project costs incurred in
confonnity with applicable federal and state laws. The agency shaH mimimize
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 sh:iJI not be eligible for federal
participation unless an indirect cost plan has been approved by WSOOT.
The State will pay for State incurred costs on the project. Followingpayment,
the State shall bill the Federal Government for rc:imbursement of those costs
eligible for federal participation to the extent that such costs are attributable and
properly allocable to this project. The State shall biU the Agency for that portion
of State costs which were not reimbursed by the Federal Government (see
Section IX).
1. Project Construction Costs
Project construction financing will be accomplished by one of the three
methods as indicated in this agreement.
2
Method A - The Agency will place with the State, within (20) days after the
executionoftbe construction contract, an advance in the amount of the Agency's
share of the total construction cost based on the contract award. The State will
notify the Agency of the exact amount to be deposited with the State. The State
wiU pay all costs incurred under the contract upon presentation of progress
billings from the contractor. Following such payments. the State will submit a
billing to the Federal Government for the federal aid participation share of the
cost. When the project is substantially completed and final actual costs of the
project can be detennined, the State will present the Agency with a final billing
showing the amount due the State or the amount due the Agency. This billing
will be cleared by either a payment from the Agency to the State or by a refund
from the State to the Agency.
Method B _ The Agency's share oftbe total construction cost as shown on
the face of this agreement shaH be withheld from its monthly fuel tax allotments.
The face of this agreement establishes the months in which the withholdingshall
take place and the exact amount to be withheld each month. The extent of
withholding will be confinned by letter from the State at the time of contract
award. Upon receipt of progress billings from the contractor, the State will
submit such billings to the Federal Government for 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 for 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
Agency 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 State shall bill the Agency forall costs incurred by the State relative tothe
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 (see Section IX).
VII. Audit of Fodoral Consuttant Contracts
The Agency, ifselVices of a consultant are required, shall be responsible for
audit of the consultant's records to detennine eligible federal aid costs on the
project. The report of said audit shall be in 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 acceptedgovernmentaI auditingstandards as issued by
the United States General Accounting Office by the Comptroller General of the
United States; WSOOT Manual M 27-50, Consultant Authorization, Selection,
and Agreement Administration; memoranda of understanding between WSDOT
and FHW A; and Office of Management and Budget Circular A-133.
If upon audit it is found that overpaymentor participationoffederal money in
ineligible ¡temsof cost has occurred, the Agency shall reimbursetbe State for the
amount of such overpayment or excess participation (see Section IX).
VIII. Single Audit Act
The Agency, as a subrecipient 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-l33 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., State 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 State shall effect
reimbursement of the total sum due ftom the regular monthly fuel tax allotments
to the Agency from the Motor Vehicle Fund. No additional Federal project
funding will be approved until full payment is received unless otherwise directed
the Assistant Secretary for Highways and Local Programs
DOT Fonn 140-039 EF
Revised 01/2004
X. Traffic Control, Signing, Marking, and Roadway
Maintenance
The Agency will not permit any changes to be made in the provisions for
parking regulations and traffic control on this projel:t 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 MUTCD.
The Agency will, at its own expense, maintain the improvement covered by this
agreement.
XI. Indemnity
The Agency shall hold the Federal Government fllld the State harmless from
and shall process and defend at its own expense all claims, demands, or suits,
whether at law or equity brought against the Agency, State, or Federal
Government, arising from the Agency's execution, peñormance, 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 State or Federal Government in the project, PROVIDED, nothing herein
shall require the Agency to reimburse the State or the Federal Government 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 herein.
The Agency shall not discriminate on the basis of race, color, national origin,
or sex in the award and performance of any USD:::>T -assisted contract and/or
agreement or in the administration of its DBE program or the requirements of
49 CFR Part 26. The Agency shall take all necessa!)' and reasonable steps under
49 CFR Part 26 to ensure nondiscrimination in the award and administration of
USDOT-assisted contracts and agreements. The WSDOT's DBE program, as
required by 49 CFR Part 26 and as approved by USDOT, is incorporated by
reference in 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 Deparonent may impose sanctions as provided for under
Part 26 and may, in appropriate cases, refer the matter for enforcement under 18
V.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.c.
JSOt et seq.).
The Agency hereby agrees that it will incorporate: or cause to be incorporated
into any contract for construction work, or modifi¡;ation 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 Govemment pursuant to a grant,
contract, loan, insurance, or guarantee or understanding pursuant to any federal
program involving such grant, contract, loan. iJ1lsurance, or guarantee, the
required contractprovisions for Federal-Aid Contracts(FHWA 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 pW1icipate 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 SI:cretary of Labor.
(2) To furnish the State such information 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) To retrain from entering into any contrfLct or contract modification
subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, government
contracts and federally assisted constructioncontra,:ts 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 contr;¡¡ctors and subcontraCtors by
the State, Federal Highway Administration, or the Secretary of Labor pursuant
to Part II, subpart D of the Executive Order.
3
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, tenninate, or suspend this agreement in whole or in part;
(b) Refrain from extending any further assistance to the Agency under the
program with respect to which the failure or refusaJ 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
The Agency hereby agrees that the liquidated damages provisions of 23 CFR
Part 635, Subpart 127, as supplemented, relative to the amount of Federa]
participation in the project cost, shall be applicable in the event the contractor
fails to complete the contract within the conttact time. Failure to include
liquidated damages provision will not relieve the Agency from reduction of
federal participation in accordance with this paragraph.
XIV. Termination for Public Convenience
The Secretary of the Washington State Department of Transportation may
terminate the contract in whole, or from time to time in part, whenever:
(I) The requisite federal funding becomes unavailable through failure of
appropriation or otherwise.
(2) The contractor is prevented from 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 Executive 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 011 Action
For the convenience of the parties to this contract" it is agreed that any claims
andlor 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.
XVI. Certification Regarding the Restril:tions of the Use
of Federal Funds for Lobbying
The approving authority certifies, to the best of his or her knowledge and
belief, that
(I) No federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for inHuencing 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 ofa member of Congress in
connection with the awarding 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 extension, continuation, renewal, amendment, or
modification of any federal contract, grant, Joan, or cooperative agreement.
(2) If any funds other than federal appropriatedtÌJnds have been paid or will
be paid to any person for influencing or attempting to influence an officer or
employee of any federal agency, a member of CongJress, an officer or employee
of Congress, or an employee of a member of Cong:ress in connection with this
federa] contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit the Standard Fonn - LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shaH require that the language of this certification be
included in the award documents for all subawurds at all tiers (including
subgrants, and contracts and subcontracts under grants, subgrants, loans, and
cooperative agreements) which exceed $1 00,000, and that all such subrecipients
shall certify and disclose accordingly.
This certification is a material representationoffnct 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, Title31, U.S. Code. An)' person who fails to file the
required certificationshaJl be subject to a civil penaJty of not less than $10,000
and not more than $100,000 for each such failure.
Additional Provisions
DOT Form 140-039 EF
Revised 01/2004
4
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FIGURE I
BNSF RAILROAD a.
EAST VALLEY HIGHWAY
PEDESTRIAN UNDERPASS
PROJECT VICINITY
1 No Scale