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