HomeMy WebLinkAbout5310ORDINANCE NO. 5310
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING ORDINANCE 5258 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 SOUTH 277T"
STREET RECONSTRUCTION PROJECT, PR562.
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. 5258, passed September 7, 1999, approved
expenditure and appropriate of $13,800,000 in Freight Mobility Strategic Investment
Board funds, authorized the Mayor to execute a Local Agency Agreement Supplement
in the amount of $3,800,000; and further authorized the Mayor to execute any future
supplemental agreements required for obligation of the remainder of the $13,800,000;
and
WHEREAS, the Washington State Department of Transportation has revised
their procedure for allocation of these funds and is requiring 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 $13,800,000
(not to exceed 38% of the total project cost) to prepare and implement the South 277th
Street Reconstruction Project, PR 562.
Ordinance No. 5310
10/18/99
Page 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. PURPOSE: Auburn City Ordinance No. 5258, passed September 7,
1999, is hereby amended to reflect acceptance of $13,800,000 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 limited to
design, right-of-way, and construction and limited to the total amount of $13,800,000.
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.
Section 3. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Ordinance No. 5310
10/18/99
Page 2
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: November 1, 1999
PASSED: November 1, 1999
APPROVED:
November 1, 1999
¢JCtic-
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED: // :S?Y?
Ordinance No. 5310
10/18/99
Page 3
Adilk Washington State
"7 Department Of Transportation
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")
000
00
$ 13
800 South 277th Street Reconstruction Project -
.
,
, Reconstruct 2-lane roadway to 4 lanes, with left-turn lanes
at intersections and Class I bicycle facilities. Also
Participating Percentage I Project Number includes grade separations at UP and BNSF railroad
crossings. Two new bridge structures, intersecting road
38% PR 562 relocation/regrading, floodplain/wetland mitigation, and
utility relocation are other associated items of work.
This AGREEMENT, made and entered into this day of
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 220,000 220,000 -
b. Other 4,243,280 4,243,280 ! -
c. State Services 9,000 9,000 -
d. Total PE Cost Estimate (a+b+c) 4,472,280 4,472,280 -
Right of Way e. Agency Work - - -
f. Other 4,400,000 600,000 j 3,800,000
g. State Services - - -
h. Total R/W Cost Estimate (e+f+g) 4,400,000 600,000 3,800,000
Construction i. Contract 25,722,550 15,722,550 10,000,000
j. Other - - -
k. Other - - -
1. Other - - -
m. Total Contract Costs (i+j+k+l) 25,722,550 15,722,550 10,000,000
Construction Engineering
n. Agency Work 220,000 220,000 -
o. Other 2,338,420 2,338,420 -
p. State Forces - -
q. Total Construction Engineering (n+o+p) 2,558,420 2,558,420
r. Total Construction Cost Estimate (m+q) 28,280,970 18,280,970 10,000,000
s. Total Project Cost Estimate (d+h+r) 37,153,250 23,353,250 13,800,000
DOT Form 140-087F
Revised 9/99 Exhibit "A" Ordinance 5310
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.
.ill
Atr i t
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, ruses,
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
anv 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 Courty.
Vil
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.
Vill
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
By:'l Charles A. Booth
Title: _-YOr
STATE
By:
Assistant Secretary for Highways and Local Programs
Date: November 10, 1999
Date:
DOT Form 140-087 EF
Revised 9199