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