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HomeMy WebLinkAbout3813 (2)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 (`A' 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 for 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$40,000 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 $150,000, 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 execute a Local Agency Agreement between the City and WSDOT, in substantial 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 -VW` day of ebv'uav , 2004. CITY OF AUBURN ~ PETER B. LEWIS MAYOR ATTEST: ~ Danielle E. Daskam, City Clerk APPROVED FORM: Resolution No. 3813 January 18, 2005 Page 3 City Attorney Ambk Washington State ~ Department of Transportation Agency City of Auburn Address 25 W. Main Street Auburn, WA 98001 CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Project No. Agreement No. For OSC WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, 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 Budget Circulars A-102, A-87 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 be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by theState, subject to the approval of the FederalHighway Administration. All projectcosts not reimbursed bythe Federal Government shall be 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 will link 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 Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated Federal Funds PE a. Agency 13,000.00 13,000.00 100 % b.Other Consultant 135,000.00 135,000.00 c.Other _ Federal Aid Participation d. State - 2,000.00 2,000.00 Ratio for PE e. Total PE Cost Estimate a+p+c+d 150,000.00 150,000.00 Right of Way f. Agency 0 % g.Other _ h. Other Federal Aid Participation i. State Ratio for RW Total R/W Cost Estimate f+ +h+i Construction k. Contract 1. Other m. Other - - 0 % n. Other - o. A enc 9 y - - - ~ - _ _ Federal Aid State Participation - - Ratio for CN . Total CN Cost Estimate k+l+m+n+o+ r. Total Project Cost Estimate (e+j+q) 150,000.00 150,000.00 Agency O i ~ ~ By Title City of Auburn Washington State Department of Transportation By Assistant Secretary for Highways and Local Programs DOT Form 140-039 EF ~ Revised 01/2004 Local Agency Agreement Date Executed .11 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 $ per month for months. Local Force or Local Ad and Award ER Method C- Agency cost incurred with partial reimbursement The Local Agency further stipulates 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 -3mtt ary-24- 2005 , Resolution/Ordinance No. Res 3813 Provisions G YkAlr y ~ ~ 1. Scope of Work The Agency shall provide all the work, labounaterials, and services necessary to perform 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 acwrdance 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 perform the work subject to the ordinary procedures of the State and Federal Highway Administration. II. Delegation of Authority The State is willing to fulfill the responsibilitiesto the Federal Govemmentby the administration ofthis project. The Agencyagrees that the State shall haue the full authority to carry out this administratioa 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 conceming the project as requested by the Agency. If the Local Agency advertises and awazds 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 incurrednd actual expenditures kept by the Agency are to be maintained in accordance with Iocal govemment 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 Govemmentat all reasonabletimes and shall be retained and made availablefor such inspection for a period of not les3han three yeazs from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federaf Government upon request. l. Preliminary engineering. 2. Right of way acquisition. 3. Project construction. In the event that right of way acquisition, or actual construction of the road, for which preliminary engineering is undertaken is not started by the closing of the tenth fiscal year following the fiscal yeaz 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 agreement (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 regulationswhich apply to liquidated damages relative to the basis of federal participation in the project cost shall 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 Govemment. Federal funding shall be i❑ accordance with the Transportation Equity Act for the 21st Century (TEA 21), as amended, and Office of Management and Budget circulus A-102, A-87 and A-133. The State shall not be ultimately responsiblefor any of the costs of the project. The Agency shallbe ultimately responsible for all costs associated with the project which aze not reimbursed by the Federal Govemment. 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 incuned in conformiry with applicable federal and state laws. The agency shall 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 shall not be eligible for federal participation unless an indirect cost plan has been approved by WSDOT. The State will pay for State incurred costs on the project. Followingpayment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly a►locableto this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1. Project Construction Costs 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 thc State for each classification. The classifications of work for projects are: Project construction financing will be accomplished by one of the three methods as indicated in this agreement. DOT Form 140-039 EF Revised 01/2004 Method A- The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of the Agency's share of the total construction cost based on the contract awazd. The State will notify the Agency of the exact amount to be deposited with the State. The State will 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 Govemment for the federal aid participation shaze of the cost. When the project is substantially completed and final actual costs of the project can be determined, 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 cleazed 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 shaze of the total construction cost as shown on the face of this agreementshall be withheld from its monthlyfuel 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 confirmed 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 Govemment 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 aze directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration,supervision, andother overhead shall not be eligible for Federal par[icipation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federa] 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 theAgency forall costs incurred bythe 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 aze subsequently determined to be ineligible for federal participation (see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultanYs records to determine 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 Govemment. An audit shall be conducted by the WSDOT Intemal Audit Office in accordance withgenerally acceptedgovernmental auditingstandazds as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding beriveen WSDOT and FHWA; and Office of Management and Budget Circular A-133. If upon audit it is found that overpaymentor participationof federal money in ineligible itemsof costhas occurred, theAgency shall reimbursethe 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-133 audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted prompUy 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, overpaymenC, cost ineligible for federal participation, eYc.) 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 from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approveduntil full payment is received unless otherwise directed the Assistant Secretary for Highways and Local Programs. X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for pazking regulations and traffic control on this project 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 standazds 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 shal( hold the Federal Govemment and 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, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or azising by reason of the participation of the State or FederaPGovernment in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Govemment for damages azising out of bodily injury to persons or damage to property caused by or resulting from the sole oegligence of the Federal Govemment 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 awazd and performance of any USDOT-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 necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscriminationin the award and administrationof 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 obligationand failure to carry out its terms shall be treated as a violationof this agreement. Upon notification to the Agency of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulationsof 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 guazantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contractprovisions forFederal-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 eyual 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 governmentwhich does not participate in work on or under the contract. The Agency also agrees: (1) 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 Secretary 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 refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debaned from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts 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 contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order. DOT Form 140-039 EF Revised 01l2004 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, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any futther assistance to the Agency under the program with respect to which the failure or refusal 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 Federal participation in the project cost, shall be applicable in the event the contractor fails 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 DeparUnent of TranspoRation may tertninate the conVact in whole, or from time to time in part, whenever: (1) 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 waz or in the interest of national defense, or an Executive Order of the President or Govemor of the State with respect to the preservation of energy resources. (3) The conVactor is prevented from proceedingwith 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 of Action For the convenience of the parties to this contract, it is agreed that any claims and/or 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 Restrictions o# 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 behalf of the undersigned, to any person for influencing 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 connectionwith 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, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds 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 Congcess, an officer br employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, "Disclosure Form to RepoR Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, (oans, and cooperative agreements) which exceed $100,000, arid that all such subrecipients shall certify and disclose accordingly. This certification is a material representationof fact 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, Title 31; U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty 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 CITY OF AUBURN BNSF RAILROAD & FIGURE ( DEPARTMENT OF PUBLIC WORKS N EAST VALLEY HIGHWAY 25 WEST MAIN No Scale PEDESTRIAN UNDERPASS PROJECT VICINITY \ AUBURN, WA 98001 /