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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 ('J) &Aft .6.-10 Z 0 Eo< 5 0 z ::¡ p:: ::J u 37th ST SE ...... ~ ...... U D PL SE < ~ ¡:¡.. ('J) GSON CAW J.-11 z r:.::¡ 3RD AVE -' ~ NE AVE U z r;:; -' ...... U < ¡:¡., WAYNE VE ¡;: ~ 0.. PACIFIC PL PROJ Lo SE CITY OF AUBURN DEPARTMENT OF PUB~IC WORKS 25 WEST MAIN AUBURN, WA 98001 ~ RDð 41st c.:>Q:: ('J) zC "") ~ E z z z -' 2ND AVE ~ < Z Q:: W W C 0.. ;i en « t> en z -' ~ 0.. ~ ORAVETZ PI.. ~~ ~ ~V LAKE LAND ~ ~ FIGURE I BNSF RAILROAD a. EAST VALLEY HIGHWAY PEDESTRIAN UNDERPASS PROJECT VICINITY 1 No Scale