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Home My WebLink About4515 RESOLUTION NO. 4575 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING TME' MAYOR AND CITY CLERK,TO EXECUTE A LOCALAGENCYAGREEMENT BETWEEN . _ THE CITY OF AUBURN AND WASHINGTON STATE DEPARTMENT OF TRANSPORTATION RELATING TO PROJECTNO. CP0803, 37TH STREET SE ! R STREET SE PEDESTRIAN CONNECTOR IMPROVEMENTS WHEREAS, the City of Aubum ("City") is completing the design and construction of a non-motorized trail located within the unopened rigM-of-way � between the end of 37t".Street SE and R StreetSE ("Project"); and WHEREAS, the City has 6een 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 fornon-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 Departrnent of Transportation requires a Local Agency Agreement to utilize these Pedestrian & Bicycle Safety Program funds. NOW, THEREFORE, THE CITY GOUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 4515 August 21, 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 confortnity 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 AUB � PE ER B. LEWIS MAYOR ATTEST: C-/�frv�-� Da ielle E. Daskam, City Clerk APP V D �T-O�FORM: i . Daniel B. Hei City Attorney Resolution No. 4515 August2l, 2009 Page 2 1 � . 8Ji111Al1 l.. tl . ,,� 'V/' �� Agency and Address Highways and Local Programs CityofAuburn State Funding Agreement as we�c�s�eet Work by Public Aubwn, WA 98001 Agencies Agreement Number Maximum Amount Authodzed Locatiortand Description of Work(See also Exhibit"A� $124,300.00 T�s project will design and construct a 10-foot wide non-motorized trail on unopened 37th Street SE, PaAicipating Percentage Project Number starting 150 feet west and ending 175 feet east of 100% HLP-PB06(018) p�e Street SE. This AGREEMENT is made and entered into this day of tietween the STATE OF WASHINGTON, Department of TransportaGon,acting by and through the Secretary of Transportation, hereinafter called ttte"STATE;and the above named organization,hereinafter called the"AGENCY' WFIEREAS, the AGENCY is planning the work shown above,and in connedion therewith,the AGENCY has requested financial assistance for the projed or program,and WHEREAS,the AGENCY tias requested funds for the above shown project or program,which has been seleded by the STATE for funding assistance. �NOW THEREFORE,in consideretion of the terms,conditions,covenants,and perfortnances coMained herein,or attached end incorporated anii made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: i � � Type of Work EstimetedTotal Estimated�Agency Estimated Project Funds Funds State Funds � a.A en 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 Rlght of Way f:,4 en h.Other i. State ':Total RM!Cost Estimate f �+i Construction k.Contrad 99 300.00 99 300.00 I. Other m.Other n. OtFier o.A en 6 500.00 6 500.00 . State 5 0.0 5 0.00 q.Total CN Cost Estimate k+l.m+nm 106,300.00 106,300.00 r.Total Pro ect Cost Estimate e ' 124 00.00 0.00 124 00.00 .Resolution No. 9515 Exhibit A Page 1 of 2 DOT Fartn 140.087 EF � Revieed Bl00 . f � IV Generel Legal Relations Tha AGENCY agrees to perform the above described woAc in accardance No Ilebility shall ettach to the AGENCY or the STATE by reason of with Ne ProJed Application attached hereto�as'E#dbit A' and made a eMerin9 inW this AGREEMENT�eept es expressy provided harein. part W Mis AGREEMENT. � Plans, specHioatlons, and mst esGmetei shall be prepared by lhe � V AGENCY` in acoordance with Me arrent State M Washington Standard Nondiserimination SpeeiRCalions for Road, Bdtlge, end Municipal Construdfon and adopted The AGENCY agrees to wmpy wiM all applicable sta6e and federel laws, design stendards, unlass othen�ise nMad. TheAGENCYwill incorporate Nles, and �reguleBons perteining to nomliscrimination and �agtees to Me plens antl spedfleatlons IMO the AGENCY's pmjad and the2efter BqWre Ne same of all subcontractors providing services or parfortnina advertise the�esuld��proJed for bitl�and,assuming bids are recelved and any work using Ponds provlded undar this AGREEMENT. a coMraU Is ewarded,edminister the coMrad,or H the projed is of a sfze which,tha AGEIJCY is euMorized to perform with its own forces under Ne � laws of.Ne State of Washington, the AGENCY mey proeeed with ils own Venue All eroAC.�performed under this AGREEMENT shap compy with Ne � applieable provisions of state law. For the convenienca ot tAe paNea to this AGREEMENT,.k is agreed that , fl any delma andlor oausas of aetion which the AGENCY has��against the STATE, growing out of thia AGREEMENT or the praject or program with Payment which It is concemed, shall be brought only in the Superior Court for Ttie STATE, In.�consideratfon of the faRh}ul performence of the work to ba � � performed by Ne AGENCY, egreas to relmburde the AGENCY fo,r the VII � �pereeMege cf the_actuel direct and releted indireG cost of the work shown Termination �above, up to the�'MN(IMUM AMOUNT AUTHORIZED'. The aganry wlll �comply�with Govemmentaf AaouMinp Auditi��and Finandal RepoNng The Secretary of Me Departrnent of Trarrsportation may tertninete this Standards and epplieable atate law and laoa� regWatlona, policiea and � AGREEMENT if Ne fiinding bewmas unavellable or if the Seaetary proceCuies. No paymerrt will be made for work done prior to exewtion of datertnines that R Is In the best interest of the STATE. � this AGREEMENT. PaRlal payme�rts shell be mada by the STATE, upon request of the �� AGENCY,to caver cosb.ina,med. rnese paymerrcs are not to be more �Flnal RepoR and Final Inspeetion frequeM than one. (1) per monN. It is�egreed that any such partiai yyy�in ninety (90) deys foilowing the completion oF the project and paymeM�wAI not cons� egreemaM as to the approprlateness of:airy yubmission of tha finel biiling for the projed, a final report and/or flnal item and�that,�at tha tlme af Ne final audR,�all required adJustrneMs wi�l be ��g��on a�all.Ee submitted to the Asaistant Seuetary for Highweys 8 �made�and�refleded�in e�.8nal payment The AGENCY agrees to submit a �ocal Progrems containing the tollowing infortnation: �8nal bill.to the STATE within forry-flve (45)days after Ma AGENCY has Ttie AGENCY egrees thet ell costs In axcess of the amount authorized antl Non-CaoRal Proieets _ - Ufe AGENCY's matching fueds slialPbe Me responsibility of the AGENCY. � q deserlptlon W Na project oi program. �� - 2. A�summary of eGual costs of the projed or progfam.. Audit 3. An evaluetion of the proJed or program. This should address � aspacta such as transportatlon andlor other beneflfs to Me public. The AGEN¢Y�agreesthet en eudit mey ba contluGed by the S7A7E. Ceoital Proleets During the progress ot the work and Mr a pedod not lass�than Nree(3) yeara from tha dete ot final peymant ta the AGENCY, tlie records and t. A flnal Inspedion is required. accouMS perteining,to the work and accouMing thareof are to be kept �X availebla for inspection endautlit by Me STATE antl copies of atl rewrcls, . SUPP181i180L acoounb, �dowments, or other date paRaining to the project�will ba fumished� upon request. �If any Iftigetion, daim, or audR�is commenced, Ne rewrds�end�aaounb along with supporting dowmentatlon�sfiall.6e This agreament may be modifletl or supplemented only in writlng by both retalned urrtll all Iltlgetlon, daim, or eudit flnding has been resolved even parties. though sueh IRigetion, claim, or audit conUnues past ttie��thrao-year � IN WITNESS WHEREOF,the paRies hereto have executed this AGREEMENT on the day and year last written below. AGENCY STATE By: - - BY� . AssiStaM Secretary for Highways and Lopl Programs Tiue: Mayor SEP 8 2009 Date: / Date: Reeolution No. 6515 � � - E�chibit A Page 2 af 2 DOT Form 140.087 EF Revisetl e/00 � AC�cY �� Supplement- Highways and Local Programs �// ��Tra�patambn State Funding Agreement �e^� Supplement Number Ci ofAubum �ProjeG Number Agreement Number 1 FILP-PBQ6 018 LA-6301 This supplemental agreement is made and entered into All provisions in the AGREEMENT,identified above remain in effect except as e�ressly modified by this supplemeM. The changes to the agreement are described as follows: . ProjeCt De3C�iption ❑ No Change Name 37th Street SE/R Street SE Pedestrian Connector Locetion From the end o£3'7th Street SE to R Street SE Descriptfon of Work ❑No Change �This�project wili construct a IO-foot wide non-motorized,paved vail through e�cisting unopened 37th Street�SE,-starting approximately 150 feet west and ending approitimately 175 feet east of Pike Stree[SE. The trail will be approximately 325 feet in leng[h. Reason for Supplement The original agreement authorized funds for the Aubum Way South Mid-Bbck Crosswalk project. In May 2008,the funds.wtre rcprogrammed from the Aubum Way South Mid-Block.Crosswalk projec[to the 37th Street SE/R Street SE Pedestrian Connector project. 'Chis supplemrnt revises the project description,description ofµ�ork,and estimate of funding[o reflect the reprogrammed project. Estlmate ot Fundin T e of Work �'> z (s� ca� �� yP Previous ( � EstlmatedTotal Estlmated EsUmateE reemeMlSu Supplemerrt p�Qa Funtls en � Funds State F�iiitls . pE a.Agency 4 12 4 . 0 17 0 0.00 0.00 1 b.Other Consultan[ � 8 500.00 -B.800.00 0.00 c.Other tl.State 5,000.00 -0.D00.00 1.000.00 1 000.00 e.TataIPE Cost Estimate(a+b+ctd) 18 400.00 -400.00 tA 000.00 0.00 18 000.00 Right of Way �•A enc g.OUter h.Other i.State � - J.Totet R!W Cost Estimate(f+g+h+i) Constructlon k.COntract 1 I ' I. Other Consultant 3 603.00 -3 603.00 0.00 m.Other � n:Other � o.Agency 6 500.00 6 500.00 � 6 500.00 p.Sta[e I 000.0 - 0 .0 p.Total CN Cost Estlm ta +Ifm+n+a«p) �p5 qpp,00 400.00 106 00.00 106 011.00 r. o Coat Estlmate '+q) 124 00.00 0.00 24 00.00 0. 0 - 12i 00.00 � AGENCY � STATE By: . --' BY ! � Director, ighways end Local Programs � Title: Mayor Date: 9l�I�O�I Date: OCT � 3 2009 �DOT Form 140�OB7A EF Ravlaetl B/02 � I • � Ylfashington State rra�wvormeton eamm�o Department o! Transportation 310 Mapb Park Avenue S.E. Pauia J.Ha�nmoed�P.E. P.O.Box 47300 Sepetary of Transponation O�yrnpla,WA 9850¢7300 364T6S7000 . m: �aoaea�es www.wsaor.wa.prn October 1s,2009 RECE FYE D OCT 21.= ii1q9 �.��s��y LOCAL PROGftAMS PubL'c works Director Ciry of Auburn ' 25 West Main Strcet. Aubum, WA 98001�998 City of Anbarn 37°i St SE/R St SE , Pedeatrian Connector FILP-PB06(O18) Dear Mr. Dowdy: Enclosed for yo�u informadon and file is a copy of Supplement Number 1 to Local Ageney Agreement L.A-6301 for die su6ject project between the state and your agency. This supplement uansfers funds from pE to CN as per your request. All costs exceeding those shown on this agteement are the sole responsibility of your agency. You msy proceod with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement „ Sincerely, ' �=-��"7 ��`� . David Kaiser Federal Authorization Engineer Highways&Local Pzograms Division DKijg:ac . 6nclasure cc: Ed Coiryers,Northwest Region Local Prograais F.ngineer,M5 NB82-1 Z 1 Resolution 4515 authorized fhe Mayor and City Clerk to execute a Iocal agency agreementbetween the City of Aubum and Washington State Department of Transportation (WSDO� related to Project No. CP0803, 37�' 8treet SE / R Street S_E Pedestrian Connector Improvements. The drait agreemenf attached to the resolution and marked as Exhibif"A"was a Highways and Local Frograms State Funding Agreemenf. However, when the agreement was sent to WSDOT for execution, the City was instructed to submit a Supplement No. 1 instead of the Highways and Cocal Programs State Funding Agreement. The grant funds had previously been associated with a different project; which already had a Highways and Local Programs State Funding Agreement(LA-6301) in place for the previous p�oject. The grant was reprogrammed to Project No. CP0803, and per direction from WSDOT, the funds were obligated using Supplement No. 1 to Agreement NumberLA-6301. Leah Dunsdon Project Engineer , Public Works Department City of Auburn