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HomeMy WebLinkAbout02-21-2006 ITEM VIII-B-2CITY OFK URN AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Date: Resolution No. 3975 February 9, 2006 Department: Attachments: Budget Impact: Public Works Resolution No. 3975, Ma $ 0 Administrative Recommendation: City Council adopt Resolution No. 3975. Background Summary: Resolution No. 3975 obligates Federal Highway Administration SAFETEA-LU funds in the amount of $342,190 for the completion of the M St SE (29" St SE to 37'h St SE) Improvements, Project No. C421A. This grant requires no local matching funds. This project will reconstruct the pavement, upgrade the existing storm -drainage trunk line, and repair and construct new sidewalks or pedestrian pathways along this 2,200 foot section M St SE. This project will also complete the connection of three dead-end water mains on 37rh St SE (between M St SE and Olympic St SE). W0221-3 F5.2.15, 04.9.1 C421A Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board EPublic Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other E Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until _!_!_ Tabled Until Councilmember: Wagner Staff: Dowd Meeting Date: February 21, 2006 1 Item Number: VIII.B.2 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 3 9 7 5 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 WASHINGTON STATE DEPARTMENT OF TRANSPORTATION RELATING TO PROJECT NO. C421A, M ST SE (29TH ST SE TO 37TH ST SE) IMPROVEMENTS WHEREAS, the City of Auburn is completing design and construction of the roadway and utility improvements on `M' Street SE between 29th Street SE and 37th St SE and water main improvements on 37th St SE between `M' St SE and Olympic St SE; and WHEREAS, the City has been awarded a Federal Highway Administration SAFETEA-LU grant in the amount of $342,190 with no required local funding match, and WHEREAS, the Washington State Department of Transportation is a State agency responsible for the administration of Federal Highway Administration funds for transportation projects; and WHEREAS, it is in the best interest of the City to use federal monies to finance capital improvements to the transportation system. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 3975 February 21, 2006 Page 1 of 3 Section 1. The Mayor and City Clerk are 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. In addition, the Mayor and City Clerk are hereby authorized to execute any necessary supplemental agreements for all future phases of the project up to the total amount of the grant of $342,190. 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. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 2006. CITY OF AUBURN PETER B. LEWIS MAYOR Resolution No. 3975 February 21, 2006 Page 2 of 3 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: bahel B. Hei City Attorney Resolution No. 3975 February 21, 2006 Page 3 of 3 �7�/- Washington State Local Agency Agreement if Department of Transportation Agency City of Auburn CFDA No. 20.205 (Catalog of Federal Domestic Assistance) - Address 25 W Main St Project No.—___ - Auburn, WA 98001 Agreement No. For OSC WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the teens and conditions set forth in (l) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) Office of Management end Budget Circulars A-102, A$7 and A-133, (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the 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 he obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the Stale, subject to the approval of the Federal Highway Administration. All project casts not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name `M' St SE (29th St SE to 37th St SE) Length 0.4 mile Termini 29th St SE to 37th St SE Description of Work This project will reconstruct the pavement, repair and construct continuous pedestrian facilities on both sides of the sheet, and upgrade the existing storm drainage trunk line on this 2,200ft section of'M' St SE. This project will also connect three dead-end water mains on 37th St SE (just east of M St SE). Agency Official Washington State Department of Transportation By Title DCT Food 140039 EF Revised 0112004 Resolution No. 3975 — Exhibit A February 21, 2006 Page 1 of 4 By Assistant Secretary for Highways and Local Programs Date Executed Type of Work - Estimate of Funding. Estimated Total EstimatedjAgency Project Funds Funds Estimated Federal Funds PE a. Agency 15,000.00., 0.00 15,000.00 100 % Federal Ad Participation Ratio for PE b. Other (Consultant) a Other . dState e. Total PE Cast Estimate a+b+c+d 234,600 00 0.00 _ 234,600.00 ____ 3,000 00 0.00 3,000.00 252,600.00 252,600.00 Right of Way J. Agency o.Other__ h. Other Federal Aid Participation Ratio for RW . -� iStale '. Total RIVI Cost Estimate f+ +h+i Construction k. Contract ----- 1. Other Fede _- % FetleralAitl Participation on. Other n. Other is Agency _&_State _ _ Ratio for ON a. Total CN Cost Estimate k+I+m+n+o+ r. Total Project Cost Estimate a+j+q 252 600.00 252 600.00 Agency Official Washington State Department of Transportation By Title DCT Food 140039 EF Revised 0112004 Resolution No. 3975 — Exhibit A February 21, 2006 Page 1 of 4 By Assistant Secretary for Highways and Local Programs Date Executed 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 gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of at $ Local Forte or Local Ad and Award ® Method C - Agency cost incurred with partial reimbursement Provisions per month for months. The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condiflon to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on February 21 2006 , Resolution/Ordinance No. 3975 I. Scope of Work The Agmcy shall provide 0 the work, labor, materials, and services necessary to perform the project which is described and set forth in dead in the "Project Description" and 'Type of Work" When the State acts for and m behalf of Ne Agency, the State shall be doomed mm agent of the Agency and shall perform the services douribod and indicated in `Type of Work" on the face of this agreement, in accordance with plans and specifications e, proposed by the Agency and approved by the Since and the Federal Highway Administration. When the State acts for the Agency but is net subject to the right of control by the Agency, the State shall have the right to reform the wore subject to the ordinary procedures of the State and Federal Highway Administration. II. Delegation of Authority The Stare is willing to fulfill the responsibilities to the Federal Government by the administration ofthis project The Agency agrees that the State shall have the full audionry to tarty out this administration. The State shall review, process. and approve documents required for fdenl aid reimbtusemrnt to accordance with federal rocumemena. If the State advertises and awards the convect, Oe State will further act for the Agency in all manes concerting the project as requested by the Agency. If the Local Agency advertise and awards the project, the State shall review the work to ensure conformity with the approved plans and specifications. 111. Project Administration Catam types of .,it and services shall be provided by the State on this projm as requested by the Agency and described in the Type of Work above. In addition, the State will fivnuh qualified pew yell for the supervision and inspection of the work in progress. On Local Agmcy advertised and awarded projov a, the supervision and inspection shall be limited to insuring all work is ht confomana with approved plans, specifications, and federal aid requhernena. The salary of such engineer or other supervisor and all other salaries and costs carred by State faux upon the project will be considered a con thermf All costs related to this project incurred by employees of the State in the cusmmsry roamer on highway payrolls and vouchers shall be charged as costs of Or, P,.jwt. IV. Availability of Records All project ream& in sup,en of all is incurred and reached 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 Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at alt reasonable times and shall be rtsined and made available for such inspection for a period ofnot less than Wee years from the final payment of my federal aid gods to the Agmcy. Copies of said records shall be furnished to the State weber Fderel Goveninmt no request V. Compliance with Provisions The Agency shall not mour any federal aid pmicipation costs on my dassification of work on this project until amhorized in wtifing by the State for each classification. The classifications of walk far projects am'. DOT Form 140-039EF Revised o112004 Resolution No. 3975 — Exhibit A February 21, 2006 Page 2 of 4 L Preliminary engineering. 2. Right of way acquisition. 3. Project commuctim, In the event that right of way acquisition, or actual construction of the road, for which preliminary atgineerem is undertaken is net started by the closing of the troth fiscal year following the fiscal year in which the agreement is awned the Aga tie will repay to the State the sum or sums of federal fiords paid to the Agency' under the terms of Nis agreement (sea Section IX). The Agency agrees Nat all stages of cons motion necessary, W provide the initially planned complete facility within the limits of this project will conform he at lean the minimum values ser by approved statewide design standards applicabk to this class of hiKbways, even though such olditional week is financed without federal aid participation. The Agency agrees Oat on federal aid highway construction projects, the current federal aid regulations which apply to liquidmd damages relative to the basis of federal participation in the project cast shall be applicable in the event the contractor fails to complete the contract within the ..at time. VI. Payment and Partial Reimbursement The total cost of me project, including all review and engineering costs and other apmve of the State, is to be, paid by the Agent, and by the Federal Government Federal funding shall he in accordance with the Transportation Equity Act far the 21st Century (TEA 21), m amended and Office of Mersgemmt and Budge circulars A-102, A-87 and A-133. The State shat) ria be ultimately responsible for any of the costs of the project The Agent, shall be ultimately responsible per all costs associated with the pr meat which are not reimbursed by the Fedanl Government Nothing in this agreanmt shall be censured as a promise by the Scale as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incited in canformity with applicable federal and state laws. The agency shall minimum are time elapsed baween receipt of federal aid funds and subsequent payment of incurrd costs. Expenditures by the Local Agency for maintenance, general adminimmon, supervision, and other overhead shall not be eligible for fderal participation unlxs an indirect cost plan has been approved by WSDOT. The State will pay fm State incurred tom on the project Following payment. the State sholl bill the Federal Government for reimbursement of those is eligible for federal parficipafim to the atrnt that such acens are attributable and properly allocable to this project The State shall bill the Agency for Oat portion of State costs which was not wind msed by the Federal Government (sea Section a). 1. Project Construction Costs Pr jet construction Becoming will be accomplished by me of the Wee methods as medicated in this agreement. Method A -The Agmry will puce with the Store, within (20) days aro the execution of the construction contract, an advance in the amount ofthe Agency's share of the total construction cost based on the contact award. The Stare will notify the Agency of the exact amount to be deposited with the Suite. The Sure will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit n billing to the Federal Government for the federal aid participation share of the cost. When the pmjea is substantially completed and final acral costs of the projcet can be determined, the State will presrnt 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 hear the State to the Agency. Method B - The Agency's share of the total construction cast as shown on the face of this etireanmt shall be withheld fiom its monthly fuel tax allmucvts. The face of this merriment establishes me months in which the withholding shall take place and the exact amount to be withheld each moth. The extent of withholding will be confnmed by Imer from the State at the rime of contra word. Upon receipt of progass billings from me connector, the State will submit such hirings to the Federal Goverment for payment of its participating portio of such billings. Method C -The Agency may submit owhom to the S. hen the format prescribed by the State, in duplicate, not more than once per mom for those costs eligible for Farad participation to the extort mat such costs me directly attributable and pratierly allocable to this project. Expenditures by the Taal Agency for mainteances, goneral administration, supervision and other overhead shall not be, eligible for Fermat participation unions claimed under a previously approved indirect trot plan. The Stam shall rem burse the Agency for the Federal share of eligible Inject costs if, to fire meant shown con the face of this moment At the time of audit the Agency will provide documentation of all costs invented an the pmjed. The Spite shall bill the Agency for all costs rumored! by the Staterelafive to the project. The Sarre shall also bill the Agency for the federal fund paid by the State to the Agmry for pracot costs which are subsequently determined to be ineligible f federal participation (see Secrim I)Q, VII. Audit of Federal Consultant Contracts The Agency, if smites of a consultant an, note". shall ed responsible for audit of the conwhant's record to determine eligible federal aid toss on the project, The repos of said audit shall be in the Agency's film and made available to the Sure and the Federal Government An writ shall be conducted by the WSDOT banned Audit Office in accardxnc , wills generally accaed govurunenml auditing standards as issued by the United Stazro General Accounting Office by the Comptroller Gmanl of the Unfired Sutra; WSDOT Manual M 27-50, Consultant Anflum mfio, Selection, and Agreement Administration; uncommon of understanding between WSDOT and FHWA; and Office of Manager ent and Budget Circular A-133. If upon audit it is found that overpayment or participants of robust money N ineligible items of cast bas occurred, the Agency shall reirnbursa the State f the amount of such overpayment or excess p uncipalio (see Satin IX), VIII. Single Audit Act The Agency, as a subrecipient of Woad hands, shat adhere to the second Office of Management and Budget (OMB) Cbcular A-133 as ved as all applicable federal and state secures and limitations. A subrecipimt who expends 5500,000 or more in federal award from all somces during a given fiscal sem shall have a single or program -specific audit performed for mat year in accordance with the pmvisiom of OMB Chculm A-133. Upon couclusion of the A-133 audit, the Agency shall be responsible for ensuring that a cops of me report is co mitred promptly to the State. IX, Payment of Billing the Agency agrees that if payment or uncommon[ for payment of any of the State's billing relative In the project (e.g., State force work project numeration, overpayment cost ineligible for federal participation, mc) is act made to the State within 45 days aro the Agency has been billed the Side shall effect reimbursement of the total sum due from the regular monthly fuel he, alldmmts to the Agency from the Motor Vehicle Ford. No additional Federal pr jot funding will t<approved until full paymmt is received unless otherwise directed the Assistant Secretary for Highways and local Programs. DOT Form 140-039 EF Rovlsed 0212004 Resolution No. 3975 — Exhibit A February 21, 2006 Page 3 of 4 K Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will nor permit may changes to he made in the previsions for parking regulations and traffic control on this project whhout prior approval of the Stam and Formal Highway Administration. The Agency will not install or Permit to be installed any signs, signals, or markings not in conformance with the standard approved by me Federal Highway Admivistraticm and NIU'ICD. The Agency will, m its own expense, maintain the improvement mored by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the Store harmless from and shall process and defend s its own expense at churns, demands, or suits, whether at law or equity brought against the Agmry, State, or Federal Govmunrnt, arising fiom the Agency's execution, pudormance, or failure to perform any of the provisions of this agreement, or of any other agreernmt or contract connected with this agreement, or raising 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 Fedoal Goverment for damage rising out of bodily injury to remoras or damage to property caused by or resulting from the sole negligence of the Federal Govemacro t or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Govemmmt escold an expressly provided horn. The Agency shall not discriminate in the basis of raze, rule , national origin, or me in the award and performance, of any USDOT-assisted cormnot anther memot or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necc . and reasonable mops order 49 CFR Pmt 26 to ensure nondiscrimination in me award and administrator of USDOT-assisted comas and agreements. The WSDOT's DBE pro ars, as required by 49 CFR Pan 26 and ss approved by USDOT, is incorporated by refcence in this agreement. hnplanrntmion of this program is a legal obligation and failure w cony out its [arms shall be meamd as a violation of oris agreement Upon coafcamin to the Agency of its failure to carry out its approved program, the Department may impose sanctions as provided for order Part 26 and may, m appropriate cases, refs me moo for enforcement under IS U.S.C. 1001 andror the Program Fraud Civil Remedies Act of 1986 (31 USC. 3801 et segJ. The Agency hereby agrees that it will incorporate or cause to be incorporated into env contract for construction work or modification thereof, ss defined in the rola end regulations of the Secretary of labor in 41 CFR Chapter 60, which is paid for in whole or in pan with fords obtained from the Faisal Govemmmr or bonowad cn the credit of me Fedaul Government pursuit to a giant, Co nsel. loan, insurence, or guaraotee or understanding pursuant to any federal program involving such grant emhact man, insecounry, or guarantee, the requ red coma provisions for Federal -Aid Contracts (FHWA 12]3), looted in neater 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by one above equal opportunity chase, with respect to its owas empieymmt practices whom it participates in federally assisted construction work: Provided, that if me applicant so pmlicipatmg is a State or focal Government. the above equal opportunity clause is not applicable to any agency, monumentality, or, subdivision of such government which does not participate in work on or under memntmct. The Agency also agrees: (I) To assist and ccolarare actively with to State in obtaining me compliance of comracmrs and subcontractors with me equal oppmmmity abuse end rvlm, regulations, and relevant orders of me Secretary of labor. (2) To famish the Scale such information as it may require Its, the supervision of such compliance cod that it will otherwise assist the Stale in the discharge of its primary responsibility for sewrim, compliance. (3) To refrain from mteriug into any conmmt or eantract modification ,abject m Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who bas nes demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out auch sanction; and renames for violation of me equal opportunity clause as may be imposed upon contractors and mis onmetors by the State, Federal Highway Administration, or the Secretary of labor pursuant to Pan M subpart D of the Exemtive Order. In addition, the Agency tweer that if it fails or refuses to comply with these undmakini,, the State may take any oral] ofihe following actions: (a) Cancel, terminate, Or suspend this agreement n whole or in pan; (b) Refrain from extending any further assistaace to the Agency unit= the program with respect to which the failure or refusal occurred mind satisfactory aswmnce of future compliance has been received from the Agency; and (c) Ref the case to the Department of Justice for appropriate legal paeedings. XIII. Liquidated Damages The Agmcy hereby agrees Nat the liquidated damages frustums of 23 CFR part 635, Subpart 127, as supplemaned, relative to the amawt of Federal participation an the project cost, shall he applicable in be event the contractor fads to complete the contract within the contract 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 pan, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is pica Gaud from yroseedi, with the work as a direct result of an Execufive Order of the President with respect in the prosecution of war tat in the interest of national defense, or an Esocutiw Order of the President Or Gm,srmr of the State with respect to the preservation of energy resources. (3) The contractor is psevmtd from proceeding with be work by reason of a preliminary, special, a pmnmmt retraining order of a won of semiannual jurisdiction where the issuance of such order is primarily caused by the arta or ,mrsmms of persons or agents other than the contractor. (4) The Secretary determines that such termination is in the best, interests of the Stare. DOT Form 140-039 EF Revised oV2004 Resolution No. 3975 — Exhibit A F ebruary 21, 2006 Page 4of4 XV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract it is aged that any claims ampor causes of action which the focal Agency has against the State of Washington, gowwg out of this contract or the projest with which it is concemed, s ind be brought only in the Superior Court for Thurston Cowry. 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 funds have been paid or will be paid, by or on beLaif of the undersigned, to any person for influencing or werapting to influence an officer or employee of my federal agency, a member of Congress. an officer or employee of Congess, or an employee of a member of Coagoom in omce ion with the awarding of my federal contract, the making of one federal grant, the making of any federal low, the entering into of any cooperative agreement, and to extension, continuation, renewal, amendment, or modification of any federal contract grant, low, or cooperative agreemrnt. (2) If any funds other than federal appropriated funds have been paid or will be paid to my person For influencing or attempting to influence an officer or employee of any federal agency, a member of Congess, an officer or employee Of Congress, or w employee of a member of Congress in connection with this federal contract, grant low, Or cooperative agreement, the undersigned shall complete said submit the Standard Form - U.L. "Disclosure Foran to Repon Lobbying,- in accmdance with its laswctims. (3) The undersigned shall remove that the language of this certification h included in the award docaments for all snbawards at all tiers (including subgrome, and contracts and subwnuazm under grams, subgrams, loans, and i,m,w five agreanwts) which exceed $100,000, and that all such sobrecip eats shall certify and disclose accordingly. This certification is a nomedal reprsentation of feet upm which reliance was placed whrn this tworaction war made or entered into Submission of this cmificwbw ne a pr quisite for making or mining into this transaction Imposed by Section 1352, Tide 31, US, Code. Any person who fails to file rhe required cerrificami,n shall be subject, acted penalty .17n., less Nan $10,000 and not mom than $100,000 for each such failure. Additional Provisions CITY OF AWASHINGTON ICINITY MAP PROJECT C42IA T SE IMPROVEMENTS PROJECT AREA 41N IMPROVEMENT AREA NOVEMBER 2005 H,APROJAC421A-M-StSE37-29AProject ManagnentVPMP Map.d%g