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HomeMy WebLinkAbout5297ORDINANCE NO. 5 2 9 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING ORDINANCE NO. 5266 BY AUTHORIZING THE MAYOR TO SIGN A HIGHWAYS AND LOCAL PROGRAMS STATE FUNDING AGREEMENT BETWEEN THE CITY AND THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, APPROVING FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD GRANT FUNDS TO PREPARE AND IMPLEMENT THE SR 18/C STREET SW RAMP MODIFICATIONS/3RD STREET SW GRADE SEPARATION PROJECT, PR 529. WHEREAS, the City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and WHEREAS, Ordinance No. 5266, passed July 19, 1999, approved expenditure and appropriation of $10,000,000 in Freight Mobility Strategic Investment Board funds, authorized the Mayor and City Clerk to execute a Local Agency Agreement Supplement in the amount of $300,000, and further authorized the Mayor and City Clerk to execute any future supplemental agreements required for obligation of the remainder of the $10,000,000; and WHEREAS, the Washington State Department of Transportation has revised their procedure for allocation of these funds and is requiring execution of a separate funding agreement entitled "Highways and Local Programs State Funding Agreement"; and WHEREAS the State Funding Agreement authorizes the appropriation of Freight Mobility and Strategic Investment Board (FMSIB) funds in the amount of $10,000,000 Ordinance No. 5 2 9 7 10/04/99 Page 1 (not to exceed 36% of the total project cost) to prepare and implement the SR 18/C Street SW Ramp Modifications/3rd Street SW Grade Separation Project, PR 529. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. PURPOSE: Auburn City Ordinance No. 5266, passed July 19, 1999, is hereby amended to reflect acceptance of $10,000,000 in Freight Mobility Strategic Investment Board funds, and hereby authorizes the Mayor and City Clerk to execute the Highways and Local Programs State Funding Agreement between the City and the Washington State Department of Transportation, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference. The Mayor and City Clerk are also authorized to approve and execute any future supplemental agreements thereto required for completion of phases of the project including but not limmited to design, right-of-way, and construction and limited to the total amount of $10,000,000. Section 2. CONSTITUTIONALITY OR INVALIDITY: If any section, subsection, clause, phrase, or sentence, of this Ordinance, is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality of the remaining portions of this ordinance, as it is being hereby expressly declared that this ordinance and each section, subsection, clause, phrase, or sentence, hereof would have been prepared, proposed, adopted, and approved and ratified irrespective of the fact that any one or more section, subsection, clause, phrase, or sentence, be declared invalid or unconstitutional. Ordinance No. 5 2 9 7 10/04/99 Page 2 Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. INTRODUCED: October 18. 1999 PASSED: October 18. 1999 APPROVED: October 18. 1999 ?L[AnLSa.f?s;-e CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney PUBLISHED: le-2-149 Ordinance No. 5 2 9 7 10/04/99 Page 3 Allift Washington State NC ?I/ Department Of Transportation ENC j?Y Highways and Local Programs Organization and Address State Funding Agreement City of Auburn Work by Public and Private Non-Profit 25 W. Main Street Agencies - Actual Cost Auburn, WA 98001 Agreement Number Maximum Amount Authorized Location and Description of Work (See also Exhibit "A") `" LA 4243 $ 19-899-W q -9 St. SW Grade SR 18/'C" St. SW Interchange & 3 Separation Project - Realignment of the WB Ramps to '100) coo SR18 at the intersection of 'C' St. SW to intersect with 3rd Participating Percentage Project Number St. SW. Widening and channelization improvements to accommodate additional turn movements. Grade 36% c ?M°}°) (00 F separation of 3rd St. SW from the BNSF Mainline and 'C' J I ?_ St. SW This AGREEMENT, made and entered into this day of NOV 219" between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the "STATE," and the above named organization, hereinafter called the "AGENCY"." WHEREAS, the AGENCY is planning the work shown above, and in connection therewith, the AGENCY has requested financial assistance for the project or program, and WHEREAS, the AGENCY has requested funds for the above shown project or program which has been selected by the STATE for funding assistance. NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: Estimate of Funding Type of Work (1) Total Project Funds (2) Agency Funds (3) State Funds PE a. Agency Work 205,717 j 205,717 b. Other 3,590,548 i 3,440,548 150,000 c. State Services 16,999 ! 16,999 d. Total PE Cost Estimate (a+b+c) 1 3,813,264 3,663,264 150,000 Right of Way e. Agency Work 5,600,114 5,350,114 i 250,000 f. Other g. State Services - h. Total R/W Cost Estimate (e+f+g) 5,600,114 5,350,114 I 250,000 Construction i. Contract ( 18,109,486 ! 8,808,486 9,301, j. Other I i k. Other 1. Other m. Total Contract Costs (I+j+k+l) 18,109,486 8,80 6 Construction Engineering n. Agency Work 220,000 190, A o. Other 1,970,0 1,704,050 p. State Forces 000 21,650 q. Total Construction Engineering (n+o+p) 215,000 ! 1,916,000 r. Total Construction Cost Estimate (m+q) 20,324,486 10,724,486 6O r) s. Total Project Cost Estimate (d+h+ -2S,4374,W54 49,7-3:7,864- 44ABel-o(w DOT Form 140-087F EXhibit "All, ordinance 5297 L -1 )y St t Ln v cl ) C> t ?l 5 (?' " ?UVt vv? Revised 9199 4? General The AGENCY, agrees to perform the above Described Work, in accordance with the Project Prospectus attached hereto as 'Exhibit A' and made a part of this AGREEMENT. Plans, specifications, and cost estimates shall be prepared by the AGENCY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction and adopted design standards, unless otherwise noted. The AGENCY will incorporate the plans and specifications into the AGENCY's project and thereafter advertise the resulting project for bid and, assuming bids are received and a contract is awarded, administer the contract, or if the project is of a size which the AGENCY is authorized to perform with its own forces under the laws of the State of Washington the AGENCY may proceed with its own forces. All work performed under this AGREEMENT shall comply with the applicable provisions of State and Federal Law. Payment The STATE, in consideration of the faithful performance of the work to be performed by the AGENCY, agrees to reimburse the AGENCY for the percentage of the actual direct and related indirect cost of the work shown above, up to the 'MAXIMUM AMOUNT AUTHORIZED'. Partial payments shall be made by the STATE, upon request of the AGENCY, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit, all required adjustments will be made and reflected in a final payment. The AGENCY agrees to submit a final bill to the STATE within forty-five (45) days after the AGENCY has completed work. The AGENCY agrees that all costs in excess of the amount authorized and the AGENCY s matching funds shall be the responsibility of the AGENCY. III Audit The AGENCY agrees that an audit may be conducted by the STATE. During the progress of the work and for a period not less than three (3) years from the date of final payment to the AGENCY, the records and accounts pertaining to the work and accounting thereof are to be kept available for inspection and audit by the STATE and copies of all records, accounts, documents, or other data pertaining to the project will be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the three-year retention period. IV Legal Relations No liability shall attach to the AGENCY or the STATE by reason of entering into this AGREEMENT except as expressly provided herein. V Nondiscrimination The AGENCY agrees to comply with all STATE and Federal laws, rules, and regulations pertaining to nondiscrimination and agrees to require the same of all subcontractors providing services or performing any work using funds provided under this AGREEMENT. VI Venue For the convenience of the parties to this AGREEMENT, it is agreed that any claims and/or causes of action which the AGENCY has against the STATE, growing out of this AGREEMENT or the project or program with which it is concerned, shall be brought only in the Superior Court for Thurston County. VII Termination The Secretary of the Department of Transportation may terminate this AGREEMENT if the funding becomes unavailable or if the Secretary determines that it is in the best interest of the STATE. VIII Final Report and Final Inspection Within ninety (90) days following the completion of the project and submission of the final billing for the project, a final report and/or final inspection shall be submitted to the Assistant Secretary for TransAid containing the following information: Non-Capital Proiects 1. A description of the project or program. 2. A summary of actual costs of the project or program. 3. An evaluation of the project or program. This should address aspects such as transportation and/or other benefits to the public. Capital Proiects - 1. A final inspection is required. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year last written below AGENCY STATE By: r'l_ rpJO By -- ?Usta 01w, rw? Ary forHighways and Local Programs Title: Mayor Date: October 18, 1999 Date: mov 2 19% DOT Form 140-087 EF Revised 9/99