HomeMy WebLinkAboutITEM III-ACITY OF
AGENDA BILL APPROVAL FORM
* WASHINGTON
Agenda Subject: Resolution No. 4576 Date: March 8, 2010
Department: Attachments: Resolution 4576 Budget Impact: Public Works includin Exhibit, Vicinit Map $ 0
Administrative Recommendation:
City Council to introduce and adopt Resolution No. 4576
Background Summary:
Resolution 4576 authorizes the Mayor to execute an Agreement with the Washington State Department
of Transportation to obligate Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds in the amount of $693,401 to design, procure, install, and construct the City's South
Auburn ITS
Expansion project on 15th Street SW, 6th Street SE, C Street SW, and A Street SE.
The project scope consists of the design, assembling bid documents, bidding, award and construction of
ITS improvements. The project will include the procurement of signal upgrade equipment and software
that will be installed by City forces. A contractor will install fiber optic cable in existing conduits from the
City's M&0 facilities to the intersection of 41 st and A Street SE, install wireless communications along A Street SE, install cameras and battery backup UPS service cabinets along 15th
Street SW, C Street SW
and A Street SE. The attached map shows the proposed locations of the project elements.
This grant requires 13.5% matching funds which are included in the City's 2010 budget in the 102 Arterial
Streets fund.
W0315-6
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0
❑ Airport ®Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑Finance ❑ Parks
❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning
❑ Park Board ®Public Works ®Legal ❑ Police ❑ Planning Comm. ❑ Other ®Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing I l
Referred to Until I l
Tabled Until I I
Councilmember: Wagner Staff: Dowdy
Meeting Date: March 15, 2010 Item Number:
k t + •1~
RESOLUTION N0. 4-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A LOCAL AGENCY
AGREEMENT BETWEEN THE CITY OF AUBURN AND
THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION RELATING TO THE SOUTH
AUBURN ITS EXPANSION PROJECT
WHEREAS, the City of Auburn ("City"} is completing the design and
construction of intelligent transportation system improvements at various
locations throughout the City; and
WHEREAS, the City has been awarded a Congestion Mitigation and Air
Quality (CMAQ) Improvement Program grant in the amount of $693,401 with a
$108,218.65 (13.5%) required local funding match for the design and construction
of the Project; and
WHEREAS, the City has budgeted the required matching funds in the
Arterial Street Fund; and
WHEREAS, Washington State Department of Transportation is a State
agency responsible for the administration of Federal Highway Administration funds
for transportation projects; 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
Resolution No. 4576 March 9, 2010
Page 1
WHEREAS, it is in the best interest of the City to use federal monies to
finance capital improvements to the transportation system, and
WHEREAS, the Washington State Department of Transportation requires a
Local Agency Agreement to utilize these CMAQ funds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute a Local Agency
Agreement between the City and Washington State Department of Transportation
for the Design and Procurement Phases in the total amount of $281,000, in
substantial conformity with the agreement attached hereto, marked as Exhibit "A"
and incorporated herein by this reference. In addition, the Mayor is hereby
authorized to execute any necessary supplemental agreements for all future
phases of the project, including expenditure of the balance of the $108,218.65
budgeted for the project's local funding match, up to the total amount of the grant of
$693,401.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Resolution No. 4576 March 9, 2010
Page 2
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of , 2010.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Resolution No. 4576 March 9, 2010
Page 3
. Washington State
Department of Twar~sportation Loca I A e n c A ree m e nt gyg
Agency City of Auburn CFDA No. 20.205 (Catalog of Federal Domestic Assistance)
Address 25 West Main Street Project No.
1
Auburn, QUA Agreement No.
980 1 For OSC WSDOT Use Onl
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 liner,
column 3, without written authority by the State, subj ect to the approval of the Federal Highway Administration. All prof ect costs not reimbursed by
the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name South Auburn ITS Expansion Length Approx. 3 miles
Termini 15th St SW (West Valley Hwy to C St SW), C St SW (Ellingson Rd SW to 15th St SW), A St SE, 6th St SE
Description of Work
The project will expand the City's ITS coverage into South Auburn and will include the procurement of IT hardware
and software for signal upgrades and the installation of fiber optic cable into existing City conduits, wireless
communications equipment and software at jump points, traffic cameras and battery back-up units.
Estimate of Funding
Type of Work (3) Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a. A enc 52,000.00 7,020.00 44,980.00
86.5 % b. Other
c. Other
Federal Aid d. State 3,000.00 405.00 2,595.00 Participation
Ratio for PE e. Total PE Cost Estimate a+b+c+d 55 000.00 7 425.00 47 575.00
Right of Way f. A enc
% .Other
h. Other Federal Aid
Participation i. State
Ratio for RW '.Total RI1N Cost Estimate f+ +h+i
Construction k. Contract
I.Other Procurement (Sole Source) 226,000.00 30,510.00 195,490.00
m. Other
n. Other
86.5 % o. A enc Federal Aid
Participation p• State
Ratio for CN . Total CN Cost Estimate k+I+m+n+o+ 226 000.00 30 510.00 195 490.00
r. Total Pro'ect Cost Estimate a+'+ 281000.00 37 935.00 243 065.00
Agency Official Washington State Department of Transportation
By By
Title Assistant Secretary for Highways and Local Programs
Date Executed
DOT Form 140-039 EF ~ Revised 0912008 n....~..l..i: rT~ n r~~
tcebuluuluii Au. 1±0,0 Exhibit "A"
Construction Method of Financing (Check Method Selected)
State Ad and Award
Method A -Advance Payment -Agency Share of total construction cost abased on contract award)
Method B -Withhold from qas 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
Method C - Aaencv 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
,Resolution/Ordinance No.
Provisions
I. SCOpe of Work 1. Preliminary engineering. The Agency shall provide all the work, labor, materials, and services 2. Right of way acquisition.
necessary to perform the project which is described and set forth in detail in the 3. Project construction.
"Project Description" and "Type of Work." In the event that right of way acquisition, or actual construction of the road,
When the State acts for and on behalf of the Agency, the State shall be for which preliminary engineering is undertaken is not started by the closing of deemed an agent of the Agency
and shall perform the services described and the tenth fiscal year following the fiscal year in which the agreement is
indicated in "Type of Work" on the face of this agreement, in accordance with executed, the Agency will repay to the State the sum or sums of federal funds
plans and specifications as proposed by the Agency and approved by the State paid to the Agency under the terms of this agreement (see Section IX). and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control The Agency agrees that all stages of construction necessary to provide the
by the Agency, the State shall have the right to perform the work subject to the initially planned complete facility within the limits of this project will conform
ordinary procedures of the State and Federal Highway Administration. to at least the minimum values set by approved statewide design standards
II. Dele atton Of Authorlt applicable to this class of highways, even though such additional work is 9 y financed without federal aid participation. The State is willing to fulfill the
responsibilities to the Federal Government The Agency agrees that on federal aid highway construction projects, the
by the administration of this project. The Agency agrees that the State shall current federal aid regulations which apply to liquidated damages relative to
have the full authority to carry out this administration. The State shall review, the basis of federal participation in the project cost shall be applicable in the process, and approve
documents required for federal aid reimbursement in event the contractor fails to complete the contract within the contract time.
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 VI. Payment and Partial Reimbursement 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 The total cost of the project, including all review and engineering costs and
approved plans and specifications. 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 Federal
III. PrO~ect AdminlStratlon Transportation Act, as amended, and Office of Management and Budget
Certain types of work and services shall be provided by the State on this circulars A-102, A-87 and A-133. The State shall not be ultimately responsible project as requested by the Agency
and described in the Type of Work above. for any of the costs of the project. The Agency shall be ultimately responsible
In addition, the State will furnish qualified personnel for the supervision and for all costs associated with the project which are not reimbursed by the inspection of the work in progress.
On Local Agency advertised and awarded Federal Government. Nothing in this agreement shall be construed as a
projects, the supervision and inspection shall be limited to ensuring all work is promise by the State as to the amount or nature of federal participation in this
in conformance with approved plans, specifications, and federal aid project. requirements. The salary of such engineer or other supervisor and all other The Agency shall bill the state
for federal aid project costs incurred in
salaries and costs incurred by State forces upon the project will be considered a conformity with applicable federal and state laws. The agency shall minimize
cost thereof. All costs related to this project incurred by employees of the State the time elapsed between receipt of federal aid funds and subsequent payment in the customary manner
on highway payrolls and vouchers shall be charged as of incurred costs. Expenditures by the Local Agency for maintenance, general
costs of the project. administration, supervision, and other overhead shall not be eligible for federal
participation unless a current indirect cost plan has been prepared in IV. Availability of Records accordance with the regulations outlined in the federal Office of Management
All project records in support of all costs incurred and actual expenditures & Budget (OMB) circular A-87, and retained for audit.
kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office, the The State will pay for State
incurred costs on the project. Following
U.S. Department of Transportation, and the Washington State Department of payment, the State shall bill the Federal Government for reimbursement of
Transportation. The records shall be open to inspection by the State and Federal those costs eligible for federal participation to the extent that such costs are Government at all reasonable
times and shall be retained and made available for attributable and properly allocable to this project. The State shall bill the
such inspection for a period of not less than three years from the final payment Agency for that portion of State costs which were not reimbursed by the
of any federal aid funds to the Agency. Copies of said records shall be Federal Government (see Section furnished to the State and/or Federal Government upon request. 1. Project Construction
Costs
V. Compliance with Provisions Project construction financing will be accomplished by one of the three
methods as indicated in this agreement. 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:
DOT Form 140-039 EF 2 Revised 0912008 n___ l__ L_ _ ~ T T_ n r n ~
tce~~luUlvii Au. qo,e Exhibit "A"
Method A -The Agency will place with the State, within (20) days after the X. Traffic Control, Signing, Marking, and Roadway execution of the construction contract, an advance in the
amount of the Maintenance
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 Agency will not permit any changes to be made in the provisions for The State will pay all costs
incurred under the contract upon presentation of parking regulations and traffic control on this project without prior approval of
progress billings from the contractor. Following such payments, the State will the State and Federal Highway Administration. The Agency will not install or submit a billing to the Federal
Government for the federal aid participation permit to be installed any signs, signals, or markings not in conformance with
share of the cost. When the project is substantially completed and final actual the standards approved by the Federal Highway Administration and MUTCD.
costs of the project can be determined, the State will present the Agency with a The Agency will, at its own expense, maintain the improvement covered by final billing showing the amount
due the State or the amount due the Agency. this agreement.
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. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from
Method B -The Agency's share of the total construction cost as shown on and shall process and defend at its own expense all claims, demands, or suits,
the face of this agreement shall be withheld from its monthly fuel tax whether at law or equity brought against the Agency, State, or Federal
allotments. The face of this agreement establishes the months in which the Government, arising from the Agency's execution, performance, or failure to withholding shall take place and
the exact amount to be withheld each month. perform any of the provisions of this agreement, or of any other agreement or
The extent of withholding will be confirmed by letter from the State at the time contract connected with this agreement, or arising by reason of the of contract award. Upon receipt of
progress billings from the contractor, the participation of the State or Federal Government in the project, PROVIDED,
State will submit such billings to the Federal Government for payment of its nothing herein shall require the Agency to reimburse the State or the Federal
participating portion of such billings. 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
Method C -The Agency may submit vouchers to the State in the format Government or the State.
prescribed by the State, in duplicate, not more than once per month for those XII. NOndISCrlnllnatlon ProVlSlon costs eligible for Federal participation to the extent that such costs
are directly No liability shall attach to the State or Federal Government except as
attributable and properly allocable to this project. Expenditures by the Local
Agency for maintenance, general administration, supervision, and other expressly provided herein. overhead shall not be eligible for Federal participation unless claimed under a The
Agency shall not discriminate on the basis of race, color, national
previously approved indirect cost plan. origin, or sex in the award and performance of any USDOT-assisted contract
The State shall reimburse the Agency for the Federal share of eligible project and/or agreement or in the administration of its DBE program or the requrrements of 49 CFR Part 26. The
Agency shall take all necessary and
costs up to the amount shown on the face of this agreement. At the time of reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the audit, the Agency will provide documentation
of all costs incurred on the award and administration of USDOT-assisted contracts and agreements. The
project. WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by
The State shall bill the Agency for all costs incurred by the State relative to USDOT, is incorporated by reference in this agreement. Implementation of the project. The State shall
also bill the Agency for the federal funds paid by the this program is a legal obligation and failure to carry out its terms shall be
State to the Agency for project costs which are subsequently determined to be treated as a violation of this agreement. Upon notification to the Agency of its
ineligible for federal participation (see Section I~. failure to carry out its approved program, the Department may impose
VII. Audit of Federal Consultant Contracts 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
The Agency, if services of a consultant are required, shall be responsible for Remedies Act of 1986 (31 U.S.C. 3801 et seq.). audit of the consultant's records to determine eligible
federal aid costs on the The Agency hereby agrees that it will incorporate or cause to be
project. The report of said audit shall be in the Agency's files and made incorporated into any contract for construction work, or modification thereof,
available to the State and the Federal Government. as defined in the rules and regulations of the Secretary of Labor in 41 CFR
An audit shall be conducted by the WSDOT Internal Audit Office in Chapter 60, which is paid for in whole or in part with funds obtained from the accordance with generally accepted governmental
auditing standards as issued Federal Government or borrowed on the credit of the Federal Government
by the United States General Accounting Office by the Comptroller General of pursuant to a grant, contract, loan, insurance, or guarantee or understanding
the United States; WSDOT Manual M 27-50, Consultant Authorization, pursuant to any federal program involving such grant, contract, loan, insurance, Selection, and Agreement Administration;
memoranda of understanding or guarantee, the required contract provisions for Federal-Aid Contracts
between WSDOT and FHWA; and Office of Management and Budget Circular (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. A-133.
If upon audit it is found that overpayment or participation of federal money The Agency further agrees that it will be bound by the above equal
in ineligible items of cost has occurred, the Agency shall reimburse the State for opportunity clause with respect to its own employment practices when it the amount of such overpayment
or excess participation (see Section I~. 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 VIII. Single Audit Act subdivision of such government which does not participate in work on or under
The Agency, as a subrecipient of federal funds, shall adhere to the federal the contract.
Office of Management and Budget (OMB) Circular A-133 as well as all The Agency also agrees: applicable federal and state statutes and regulations. A subrecipient who (1) To assist and
cooperate actively with the State in obtaining the
expends $500,000 or more in federal awards from all sources during a given compliance of contractors and subcontractors with the equal opportunity clause
fiscal year shall have a single orprogram-specific audit performed for that year and rules, regulations, and relevant orders of the Secretary of Labor. 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 (2) To furnish the State such information as it may require for the
report is transmitted promptly to the State. supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance.
IX. Payment of Billing (3) To refrain from entering into any contract or contract modification
The Agency agrees that if payment or arrangement for payment of any of the subject to Executive Order 11246 of September 24, 1965, with a contractor State's billing relative to the project
(e.g., State force work, project cancellation, debarred from, or who has not demonstrated eligibility for, government
overpayment, cost ineligible for federal participation, etc.) is not made to the contracts and federally assisted construction contracts pursuant to the
State within 45 days after the Agency has been billed, the State shall effect Executive Order. reimbursement of the total sum due from the regular monthly fuel tax
allotments to the Agency from the Motor Vehicle Fund. No additional Federal (4) To carry out such sanctions and penalties for violation of the equal project funding will be approved
until full payment is received unless otherwise opportunity clause as may be imposed upon contractors and subcontractors by
directed the Assistant Secretary for Highways and Local Programs. 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 0912008 3 Aocnlii~inn ATn d~'7~
ill.. AJ V 1 1.1 V 1 V 11 l V V • Z J I V Exhibit "A"
In addition, the Agency agrees that if it fails or refuses to comply with these XV. Venue for Claims and/or Causes of Action
undertakings, the State may take any or all of the following actions: For the convenience of the parties to this contract, it is agreed that any
(a) Cancel, terminate, or suspend this agreement in whole or in part; 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
(b) Refrain from extending any further assistance to the Agency under the concerned, shall be brought only in the Superior Court for Thurston County. program with respect to which the
failure or refusal occurred until satisfactory
assurance of future compliance has been received from the Agency; and XVI. Certification Regarding the Restrictions of the Use
of Federal Funds for Lobbying (c) Refer the case to the Department of Justice for appropriate legal The approving authority certifies, to the best of his or her knowledge and
proceedings. belief, that:
XIII. LlgUldated Damages (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 The Agency hereby agrees that the liquidated damages provisions of 23 CFR influence an officer or employee of
any federal agency, a member of Congress,
Part 635, Subpart 127, as supplemented, relative to the amount of Federal an officer or employee of Congress, or an employee of a member of Congress participation in the project cost,
shall be applicable in the event the contractor in connection with the awarding of any federal contract, the making of any
fails to complete the contract within the contract time. Failure to include federal grant, the making of any federal loan, the entering into of any
liquidated damages provision will not relieve the Agency from reduction of cooperative agreement, and the extension, continuation, renewal, amendment, federal participation in accordance
with this paragraph. or modification of any federal contract, grant, loan, or cooperative agreement.
XIV. Terminatlon for PubIIC ConVenlenCe (2) If any funds other than federal appropriated funds have been paid or will The Secretary of the Washington State Department of Transportation
may be paid to any person for influencing or attempting to influence an officer or
terminate the contract in whole, or from time to time in part, whenever: employee of any federal agency, a member of Congress, an officer or employee
(1) The requisite federal funding becomes unavailable through failure of of Congress, or an employee of a member of Congress in connection with this
appropriation or otherwise. federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, "Disclosure Form to Report (2)
The contractor is prevented from proceeding with the work as a direct Lobbying," in accordance with its instructions.
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 (3) The undersigned shall require that the language of this certification be or Governor of the State
with respect to the preservation of energy resources. included in the award documents for all subawards at all tiers (including
subgrants, and contracts and subcontracts under grants, subgrants, loans, and
(3) The contractor is prevented from proceeding with the work by reason of cooperative agreements) which exceed $100,000, and that all such
a preliminary, special, or permanent restraining order of a court of competent subrecipients shall certify and disclose accordingly. jurisdiction where the issuance of such order is
primarily caused by the acts or This certification is a material representation of fact upon which reliance
omissions of persons or agencies other than the contractor. was placed when this transaction was made or entered into. Submission of this
(4) The Secretary determines that such termination is in the best interests of 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
the State. 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 4 Revised 0912008
Resolution No. 4576
Exhibit "A"
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