HomeMy WebLinkAbout3853RESOLUTION NO. 3 8 5 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
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
RELATING TO PROJECT NO. C501A, URBAN CENTER
TRANSPORTATION IMPROVEMENTS
WHEREAS, the City of Auburn is completing design and construction of
roadway improvements on 2nd Street SE/SW between 'A' Street SW and `A'
Street SE and intersection radius improvements at the following intersections:
Aubum Avenue N and 1St St. NE, 1St St. NW and "A" St. NW, and 37th St. SE
and A St. SE; and
WHEREAS, the City has been awarded a Federal Highway
Administration STP-U grant in the amount of $554,243 with a required local
funding match amount of $86,500 (13.5%), 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, the City has entered into an agreement with King County
Metro Transit (KC Metro) obligating KC Metro to provide $100,000 to the City to
be used as part of the required local match for this project; and
Resolution No. 3853
April 5, 2005
Page 1
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:
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 for the Design Phase in the total amount of $205,300, 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 and matching funds of $640,743.
Section 2. That the Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Resolution No. 3853
April 5, 2005
Page 2
~
Dated and Signed this ~ day of 2005.
PIY OF AUBURN
~
PETER B. LEWIS
MAYOR
ATTEST:
Dani Ile E. Daskam,
City Clerk
APPROV-ED AS TO FORM:
rel B. Hei
Attorney
Resolution No. 3853
April 5, 2005
Page 3
Afth,
Washington State
~ Department of Transportation
Agency City of Auburn
Address 25 W Main St
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, ar 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 Deparhnent 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 Deparhnent of Transportatio ceed-orr---
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 the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal
Government shall be the responsibility of the Local Agency.
Project Description
Name Urban Center Transportation Improvement Length 0.1 mile
Termini 2nd St SW between A St SW and A St SE
Description of Work
This project will reconstruct 2nd Street SW between A Street SW and A Street SW in Auburn. The road was constructed in the early
1900's. It was constructed of 2" concrete slabs without a sub-base and without doweling. The heavy bus traffic it now serves has
rapidly degraded the condition of the roadway by causing the concrete panels to shift vertically. The condition of the road threatens to
endanger its future use by large gross weight vehicles including busses.
Estimate of Funding
Type of Work
Estimated Total
Project Funds
(2)
Estimated Agency
Funds
(3)
Estimated
Federal Funds
PE a. A enc
202,300.00
27,310.00
174,990.00
86.5 % b.Other
c. Other
Federal Aid d. State
Partici
ation
3,000.00
405.00
2,595.00
p
Ratio for PE e. Totai PE Cost Estimate a+b+c+d
205,300.00
27,715.00
177,585.00
Right of Way f. A enc
% .Other
h. Other
Federal Aid i. State
Partici
ation
p
Ratio for RW Total R/W Cost Estimate f+ +h+i
Construction k. Contract
1. Other
m. Other
n. Other
% o. A enc
Federal Aid , State
Partici
ation
p
Ratio for CN . Total CN Cost Estimate k+l+m+n+o+
r. Total Project Cost Estimate (e+j+q)
205,300.00
27,715.00
177,585.00
Agen ff'
~
gy
Washington State Department of Transportation
By
Title Mayor
I--,
A I' K1 9 2005
eorm 140-039 EF
Revised 01/2004
Local Agency Agreement
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 Force or Local Ad and Award
S Method C- Agency cost incurred with partial reimbursement
1. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
per month for
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
Provisions
1. Scope of Work
. , Resolution/Ordinance No.
The Agency shall provide all the work, labor, materials, 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 accordance 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.
11. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Govemment by
the administration of this project. The Agency agrees that the State shall have the
full authority to carry out this administration. The State shail 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 concerning the project as
requested by the Agency. If the Local Agency advertises and awards the project,
the State shall review the work to ensure conformity with the approved plans and
specifications.
ill. 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 shall be limited to ensuring ali 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 payrolis and vouchers shall be charged as costs of the
project.
IV. Availability of Records
All project records in support of all costs incurred and actual expenditures kept
by the Agency aze 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 all reasonable times and shall be retained and made available for
such inspection for a period of not less than three years from the final payment of
any federai aid funds to the Agency. Copies of said records shall be furnished to
the State and/or Federal Government upon request.
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 the State for
each classification. The classifications of work for projects are:
months.
3853
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 year in which the agreement is executed,
the Agency wiil 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 projec[ 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
cutrent federal aid regulations which apply to liquidated damages relative to the
basis of federai 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
Government. Federal funding shall be in accordance with the Transportation
Equity Act for the 21st Century (TEA 21), as amended, and Office of
Management and Budget circulars A-102, A-87 and A-133. The State shall not
be ultimately responsible for any of the costs of the project. The Agency shall be
ultimately responsible for all costs associated with the project which are not
reimbursed by the Federal Government. 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 incurred in
conformity 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 uniess an indirect cost pian has been approved by WSDOT.
The State will pay for State incurred costs on the project. Following payment,
the State shall bill the Federal Govemment for reimbursement of those costs
eligible for federal participation to the extent that such costs are attributable and
properly allocable to 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
Project construction financing will be accomplished by one of the three
methods as indicated in this agreement.
DOT Form 140-039 EF 2
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 award. 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 progess
billings from the confractor. Following such payments, the State will submit a
billing to the Federal Govemment for the federal aid participation share 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 cleared 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 agreement shall be withheld from its monthly fuel tax allotments.
The face of this agreement establishes the months in which the withholding shall
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 6illings from the contractor, fhe State wili
submit such billings to the Federal Government for payment of its participating
poRion of such billings.
Method C- The Agency may submit vouchers to the State in the forma[
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, and other overhead
shall not be eligible for Federal participation unless claimed under a previously
approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project
costs up to the amount shown on the face of this agreement. At the time of audit,
tlie Agency will provide documentation of all costs incurred on the project.
The State shall bill the Agency for all wsts incurred by the State relative to the
project. The State shall also bill the Agency for the federal funds paid by the
State to the Agency for project costs which are subsequently determined to be
ineligible for federal participation (see Section I}C).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for
audit of the consultant's 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 Government.
An audit shall be conducted by the WSDOT Intemal Audit Office in
accordance with generally accepted govemmental auditing standards as issued by
the United States General Accounting Office by the Comptrol(er General of the
United States; WSDOT Manual M 27-50, Consultant Authorization, Selection,
and Agreement Administration; memoranda of understanding between WSDOT
and FHWA; and Office of Management and Budget Circular A-133.
- If upon audit-it is-found that overpayment orpartteipation of federal money in
ineligible items of cost has occurred, the Agency shall reimburse the 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 promptly to the State.
IX. Payment of Billing
The Agency agrees that if payment or anangement for payment of any of the
State's billing relative to the project (e.g., State force work, project cancellation,
overpayment, cost ineligible for federal participation, eta) 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 approved until 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, signais, or mazkings not in conformance with
the standards 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 shall 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
Govemment, azising 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 arising 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 Federal Government for
damages arising out of bodily injury to persons or damage to property caused by
or resulting from the sole negligence of the Federal Government 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 award 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 nondiscrimination in the awazd and administration of
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
obligation and failure to carry out its terms shall be treated as a violation of 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 regulations of the Secretary of Labor in 41 CFR Chapter 60, which
is paid for in whole or in parf with funds obtained from the Federal Government
or bottowed on the credit of the Federal Government pursuant to a grant,
contract, loan, insurance, or guarantee or understanding pursuant to any federal
program involving such grant, contract, loan, insurance, or guarantee, the
required contract provisions for Federal-Aid Contracts (FHWA 1273), located in
Chapter 44 of the Local Agency Guidelines.
- The-Agency furthcr agrees that it will be bound by the above equal
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 Govemment, the above equa]
opportunity clause is not applicable to any agency, instrumentality, or
subdivision of such government which 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 fumish the State such information as it may require for the
supervision of such compliance and that it will othenvise 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
debarred 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 pena(ties 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 01/2004
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 foilowing actions:
(a) Cancel, terminate, or suspend this agreement in whole or in part;
(b) Refrain from extending any further 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 Department of Transportation may
terminate the contract in whole, or from time to time in part, whenever:
(I) 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
war or in the interest of national defense, or an Executive Order of the President
or Governor of the State with respect to the preservation of energy resources.
(3) The contractor is prevented from proceeding with 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 terminatiori is in the best interesu 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 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
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 of a member of Congress in
connection with the awarding of any federa] 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 Congress, an officer or employee
of Congress, or an employee of a member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shali
complete and submit the.Standard Form - LLL, "Disclosure Form to Report
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 ali tiers (including
subgrants, and contracts and subcontracts under grants, subgrants, loans, and
cooperative agreements) which exceed $100,000, and that all such subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
piaced 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