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HomeMy WebLinkAbout4450RESOLUTION NO. 4 4 5 0 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 (THE STATE) RELATING TO PROJECT NO. C201A, M STREET SE GRADE SEPARATION WHEREAS, the City desires to improve the safety, capacity, and efficiency of the crossing of M Street SE and the BNSF Stampede Pass Railway; and WHEREAS, lowering M Street SE below the tracks and constructing a railroad bridge over the tracks will improve the safety, capacity, and efficiency of M Street SE at the crossing; and WHEREAS, the City received a grant in the amount of $122,500 from the 2008 Federal Appropriations Act to assist in the design of the M Street SE Grade Separation that does not require a local match; and WHEREAS, the M Street SE Grade Separation project was included in the Section 129 projects identified in the 2008 Consolidated Appropriations Act which allocated federal-aid funding for the project in the amount of $122,500. These funds are to be administered through the Washington State Department of Transportation; and Resolution No. 4450 February 11, 2009 Page 1 WHEREAS, it is in the best interest of the City to use federal monies to finance capital improvements to the street 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 the State for the Design Phase in the total amount of $122,500, 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. 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. 4450 February 11, 2009 Page 2 ~ . Dated and Signed this day of 12009 CITYOF AUBURN PEl"ER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk AP Daniel B. Hei City Attorney TO FORM: Resolution No. 4450 February 11, 2009 Page 3 A'k; F~ N~C'y _ Resolution 4450 Exhibit A Washington State Local Agency Agreement ~ Department of Transportation Agency City of Auburn Address 25 West Main Street Auburn, WA 98001 CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Project No. ST fD- l~qvOd J. _ Agreement No. ` 6 For OSC WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the [erms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) Office of Managemen[ and Budget Circulars A-102, A-87 and A-133, (4) the policies and procedures promulgated by the Washington State Departrnent of Transportation, and (5) the federal aid proj?L`Y"'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 aze 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 [he Federal Government shall be the responsibiliry of the Local Agency. Project Description Name M Street SE Grade Separatiun Length 1700' Termini M Street SE from 580' south of 6th Street SE to 520' north of 4th Street SE Description of Work Preliminary engineering work for providing a grade separation at the existing at-grade crossing of M Street SE with the BNSF Stampede Pass rail line and widening the roadway through the crossing to meet the principal arterial standards identified in the City's Comprehensive Transportation Plan. The railroad tracks will be raised by roughly 4' at the crossing location and the roadway will be lowered by roughly 20' below its existing grade. Estimate of Funding Type of Work , (1) (2) (3) Estimated Total Estimated Agency Estimated Project Funds Funds Federal Funds PE a. A9encY 140,000.00 140 000.00 ~ - -0.00- 100 % b.Other (Consultant) 120,000.00 0.00 I, 120,000.00 c. Other (Non-Participation) _ _ - 1,888 000.00 _ - 1,888,000.00: Federal Aid d State ~ 2,500.00 - - 2,500.00 Participation . Ratio for PE e. Total PE Cost Estimate a+b+c+d 2,150,500.00 2,028,000.00 122,500.00 Right of Way f. Agency- 0.00 0 % -g Other h. Other Federal Aid - - - State i - - Participation . , I Ratio for RW j. Total R/W Cost Estimate f+ +h+i 0.00 Construction k. Contract ~ 1. Other m. Other n. Other 0 % o. Aqency Federal Aid State p Participation • Ratio for CN . Total CN Cost Estimate k+l+m+n+o+ ' I r. Tot Proj tost Esti te (e+j+q) 2,150,500.00 2,028,000.00 ' 122,500.00 Agenc O i ' By Title Ma+ or FEB 17 2009 Washington State eprtment of TransOortation 1-7 gy Assistant Secretary for Highways and Local Programs Date Executed MAR 1 1 2009 / ~ ~ DOT Form 140.039 EF Revised 01/2004 Resolution 4450 Exhibit A 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 Local Force or Local Ad and Award at $ 0 Method C- Agency cost incurred with partial reimbursement Provisions 1. Scope of Work L 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 February 17 , 2009 , 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 Descriptiod" 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 controt by the Agency, the State shall have the right to perform the work subjecl to the ordinary procedures of the State and Federa] Highway Administration. II. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees that the State shall have the full authority [o carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. if the Stare advertises and awazds the contract, the State will further act for the Agency in all matters conceming the project as requested by the Agency, if the Loca] Agency advertises and awards the project, the State shall review the work to ensure conformity with the approved plans and specifi cati ons. 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 I,ocal Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring al] work is in conformance with approved plans, specifications, and federal aid requirements. The salary oY'such engineer or other supervisor and all other salaries and costs incurred by Sta[e forces tipon the projec[ will be considered a cost thereof. Ali costs related to this project incurred by employees of the State in the customary manner on highway payrolls and voucliers shall be charged as costs of the projec[. IV. Availability of Records All project records in suppoR of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accoun[ing procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transpoitation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Govemment at a(I 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 federal aid funds to the Agency. Copies of said records shall be furnished to the Sta[e and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid paRicipation cos[s on any classification of work on this project until authorized in writing by the State for each classification. The classitications of work f'or projects are' months. 4450 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 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 ]east the minimum values set by approved statewide design standazds applicable to this class of highways, even though such additional work is financed without federa] aid participation. The Agency agrees that on federal aid highway construction projects, the cwTent federal aid regulations which 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 Government. Federal funding shall be in accordance with the Transportation Equity Act for the 21 st 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 die 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 conYormity with applicable federal and sta[e laws. The agency shall mimimize the time elapsed between receipt of tederal 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 Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent tha[ such costs are attributable and properly allocable to this projecc 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 Constructioo Costs Project construc[ion financing will be accomplished by one of the three methods as indicated in this agreement. DOT Form 140-039 EF Revised 0112004 Resolution 4450 Exhibit A Method A- The Agency will place wi[h 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 S[ate. 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 share of the cost. When the project is substantially completed and Snal actual costs of the project can be determined, the State will present the Agency with a final bil(ing 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 consWction 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 billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will no[ permit any changes to be made in the provisions for parking 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 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 Government 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 execu[ion, 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 Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Govemment for damages arising out of bodily injury to persons or damage to property caused by or resul[ing from the sole negligence of the Federal Govemment or the State. 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 atlocable to this project. Expenditures by the Local Agency for maintenance, general adminisVation, 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 shaze 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 the Agency for all costs 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 IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, sliall 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 Govemment. An audit shall be conducted by the WSDOT [nternal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Oftice by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and Oftice of Management and Budget Circidar A-133. If upon audi[ i[ is found tha[ overpayment or participa[ion of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amoun[ 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 sta[utes 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 pertonned for that year in accordance with [he 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 tha[ if payment or arrangement for payment of any of the State's billing relative [o the project (e.g., Sta[e force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) 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 ftiel tax allotments [o 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. XII. Nondiscrimination Provision No liabiliry shall attach to the State or Federal Government except as expressty provided herein. The Agency shall not discriminate on the basis of race, color, national origiq 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 award 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 tliis agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be Veated as a violation of this agreement. Upon notification to the Agency of its failure to carry out iu 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 con[ract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chap[er 60, which is paid tbr in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a gran[, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the reqwred contract provisions for Federal-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 equal opportuniry clause with respect [o its own employment practices when it participates in federally assisted consUUCtion work: Provided, tha[ if the applicant so participating is a State or Local Government, the above equal opportuniry clause is not applicable to any agency, instrumentality, or subdivision of such govemment 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 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 responsibiliry for securing compliance. (3) To refrain from entering into any contract or con[ract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstra[ed eligibiliry for, govemmen[ contrac[s and federally assisted cons[ruction wn[racts pursuan[ to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportuniN clause as may be imposed upon contrac[ors and subcontrac[ors 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 Resolution 4450 Exhibit A In addition, the Agency agrees that if it fails or refiises 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 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 Ihe 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. XV. Venue for Claims andlor Causes of Action For the comenience of the parties to this contract, it is agreed tliat 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 concemed, 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 federal contract, the making of any federal grant, the making of any federa] loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal conVact, grant, loan, or cooperative agreement. XIV. Termination for Public Convenience The Secretary of the Washington State Depar[ment of Transportation may .erminate the contrac, in whole, o: from time to ;ime in part, whenevsr: (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 termination is in the best interests of the State. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for inflnencing or attempting to influence an officer or empfoyee of any federal lgenc;:, a member of Congrecs, 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 shall complete and submit the Standazd Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of [his certification be included in the award documents for all subawards at all 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 representa[ion of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certiiication as a prerequisite for making or entering into this transaction imposed by Section 1352, Tide 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 0112004 ` Washington State ~ Department of Transportation Paula J. Hammond, P.E. Secretary of Transportation Mr. Dennis Dowdy Public Works Director City of Auburn 25 West Main Street Auburn, WA 98001-4998 Dear Mr. Dowdy: STPD-1093(003) FUND AUTHORIZATION MAR 2 5 2009 Ci*y cf Auhurn Publfc Worics Department We have received FHWA fund authorization, effective March 13, 2009, far this project as follows: PHASE TOTAL FEDERALSHARE Preliminary Engineering $2,150,500 $122,500 Enclosed for your information and file is a fully executed copy of Local Agency Agreement LA-6787 between the state and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. WSDOT authorization to proceed with right of way and/or construction is contingent upon receipt and approval of your environmental documents. WSDQ"?~ -11thorization to procPed Avith cor.struction is contingent unon receipt of your Right of Way Certification. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincerely, ST:jg:ac Enclosure Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY: 1-80~ - March 23, 2009 ~.WSao Proget.t Pvo. _CZot.~_.~.r o EIe NC3. C1E'Sk (-'43py CC; AI~ ~~i~wiwttJ JaKtG,,~ City of Auburn NI Street Grade Separation foe: Stephanie Tax Manager, Program Management Highways & Local Programs Division cc: Ed Conyers, Northwest Region Local Programs Engineer, MS NB82-121