HomeMy WebLinkAboutITEM VIII-B-2CITY OF r ` *
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A
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution No. 4515
Date: August 27, 2009
Department:
Attachments: Resolution 4515
Budget Impact:
Public Works
includin Exhibit, Vicinit Ma
$ 124,300
Administrative Recommendation:
City Council adopt Resolution No. 4515.
Background Summary:
Resolution 4515 authorizes an Agreement with the Washington State Department of Transportation to
appropriate 2006 Pedestrian & Bicycle Safety Program funds in the amount of $124,300 to design and
construct the City's 37th Street SE / R Street SE Pedestrian Connector, Project No. CP0803. These funds
were originally programmed for the Auburn Way South Mid-Btock Crosswalk Project and were
reprogrammed last year to the 37th Street SE / R Street SE Pedestrian Connector. This grant requires no
local matching funds.
This project will include the design and construction of a 10-foot wide, non-motorized trail from the end of
37th Street SE approximately 325 feet to connect to the existing sidewalk along R Street SE.
A budget adjustment of $124,300 within the 102 arterial street fund/account will be required to expend
these funds.
W0908-10
04.9.1 CP0803
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport 0 Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board ZPublic Works
❑ Planning Comm. ❑ Other
0 Legal ❑ Police
2 Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Wa ner
Staff: Dowd
Meetina Date: September 8, 2009
Item Number: VIII.B.2
AUBURN *MORE THAN YOU IMAGINED
RESOLUTION NO. 4515
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 AND WASHINGTON STATE DEPARTMENT
OF TRANSPORTATION RELATING TO PROJECT NO. CP0803, 37T"
STREET SE / R STREET SE PEDESTRIAN CONNECTOR
IMPROVEMENTS
WHEREAS, the City of Auburn ("City") is completing the design and
construction of a non-motorized trail located within the unopened right-of-way
befinreen the end of 37th Street SE and R Street SE ("Project"); and
WHEREAS, the City has been awarded a State Pedestrian & Bicycle Safety
Program grant in the amount of $124,300 with no required local funding match for
the design and construction of the Project; and
WHEREAS, the Washington State Department of Transportation is a State
agency responsible for the administration of State Pedestrian & Bicycle Safety
Program funds for non-motorized transportation projects; and
WHEREAS, it is in the best interest of the City to use grant monies to finance
capital improvements to the non-motorized transportation system; and
WHEREAS, the Washington State Department of Transportation requires a
Local Agency Agreement to utilize these Pedestrian & Bicycle Safety Program
funds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 4515
August21, 2009
Page 1
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.
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 , 2009.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPV D `J9. FORM~-
, ~
Daniel B. Heid,--
City Attorney
Resolution No. 4515
August 21, 2009
Page 2
Li1i1111J 1 l. ti
Amilk
Washington State
~ Departmerrt of 7'ransportation
Agency and Address
Highways and Local Programs
City of Auburn
State Funding Agreement
25 West Main Street
Work by Public
Auburn, WA 98001
Agencies
Agreement Number
Maximum Amount Authorized
Location and Description of Work (See also Exhibit "A")
This project will design and construct a 10-foot wide
$124,300.00
non-motorized trail on unopened 37th Street SE,
Participating Percentage
Project Number
starting 150 feet west and ending 175 feet east of
100%
HLP-PB06(018)
Pike Street SE.
This AGREEMENT is 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:
E 'm i
Type of Work
Estimated Total
Project Funds
(2)
Estimated Agency
Funds
~3)
Estimated
State Funds
PE a. A enc
17 000.00
0.00
17 000.00
b. Other
c. Other
d. State
1,000.00
1 000.00
e. Total PE Cost Estimate a+b+c+d
18 000.00
0.00
18 000.00
Right of Way f. A enc
. Other
h. Other
i. State
Total R/W Cost Estimate f+h+i
Construction k. Contract
99 300.00
99,300.00
1. Other
m. Other
n. Other
o. A enc
6,500.00
6 500.00
. State
500.00
500.00
q. Total CN Cost Estimate (k+l+m+n+o+p
106,300.00
106,300.00
r. Total Pro'ect Cost Estimate e'
124 300.00
0.00
124 300.00
Resolution No. 4515
Exhibit A
Page 1 of 2
DOT Form 140-087 EF
Revised 9/00
General
The AGENCY agrees to perform the above described work in accordance
with the Project Application 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
All work performed under this AGREEMENT shall comply with the
applicable provisions of state law.
II
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". The agency will
comply with Governmental Accounting Auditing and Financial Reporting
Standards and applicable state law and local regulations, policies and
procedures. No payment will be made for work done prior to execution of
this AGREEMENT.
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
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
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 applicable 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
VII
Termination
The Secretary of the Department of TranspoRation 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 Highways &
Local Programs containing the following information:
Npn-Cagital Proiects
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.
Qapital Proiects
A finai inspection is required.
IX
Supplement
This agreement may be modified or supplemented only in writing by both
parties.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year last written below.
AGENCY STATE
By: By:
Title: Mayor
Date:
Resolution No. 4515 ~
Exhibit A
Page 2 of 2
DOT Form 140-087 EF
Revised 9/00
Date:
Assistant Secretary for Highways and Local Programs
CITY OF AUBURN EXhlblt 1
cmr oF
~ 37TH STREET SE / R STREET SE
APEDESTRIAN CONNECTOR
WASHINGTON Vicinity Map
W0908-10C SCALE: I"=1/4 MILE
CITY OF AUBURN EXhlblt 1
CITY OF
37TH STREET SE / R STREET SE
PEDESTRIAN CONNECTOR
WASHINGTON VICII"llty Mdp
W0908-10C SCALE: I"=1/4 MILE
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