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ORDINi%NCE NO. 4 ? 9 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING FEDERAL ISTEA PRESERVATION GRANT FUNDS
WITH LOCAL MATCHING FUNDS AS PROVIDED IN THE: LOCAL AGENCY
AGREEMENT BETWEEN THE CITY AND THE WASHINGTON STATE DEPARTMENT
OF TRANSPORTATION FOR THE 1994-1995 COMMERCIAL SIDEWALK
IMPROVEMENT PROGRAM, PR 513C.
WHEREAS, the City Council of the City of Auburn must
adopt and approve all appropriations by Ordinance pursuant to
Chapter 35A.33 RCW;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to Chapter 35A.33 RCW, the City
Council hereby approves the expenditure and appropriation of
Federal ISTEA Preservation Grant Funds in the amount of
$105,098.00 with local matching funds of $100,402.00 from LID
No. 346 and the 102 Gas Tax Fund according to a Local Agency
Agreement between the City and the Washington State Department
of Transportation approving said Agreement, a copy of which is
attached hereto as Exhibit "A" and is incorporated herein by
reference.
8eotlon 2. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Ordinance No. 4799
October 10, 1995
Page 1
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section 3. This Ordinance shall
force five (5) days from and after its
publication, as provided by law.
INTRODUCED:
PASSED:
APPROVED:
take effect and be in
passage, approval and
ATTEST:
CHARLES A. BOOTH
MAYOR
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
ffA~sdlts~anC~ ~a~[torney
Published:
Ordinance No. 4799
October 10, 1995
Page 2
Washington State
Department of Transportation
Agency
Address
City of Auburn
25 West Main
Auburn WA 98001-4998
AGENCY
Local Agency Agreement
j c No.
Agreement No. [~ 3 ]~ 7 6
For Headqu~erl WS~T u.e only, :
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 and A-128, (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 a~d
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 b.mds which are to be obligated for the project may not exceed the amount shown herein
on line s, column 3, without written authority by the State, subject to the approval of the Federal Highway Administrablon. All project costs not
reimbursed by the Federal Govervanent shall be the responsibility of the Local Agency.
Project Description
Name ~]ommer~ial Sidewalk Improvement Project PR513~.~ 2.4 Miles
Termini q:~Om l~t-h q~- N~ ~ Nn~-h ~ty l imii'.~ (~.P77th Rt_) ~l~n? PN~ //5
AKA Auburn Way North
Description of Work
Project consists of Sidewalk ADA compliance and filling
to City arterials street ~Auburn Way North) to complete
Corridor the full project length.
void areas adjacent
the Pedestrian
Estimate of Funding
Type of Work m ~ c~
Es{~mated Total Esllmated Estimated
ProjectFunds AgencyFunds Federal Funds
PE a. Agency work ..............................................................................................................................
b. Other ..............................................................................................................................
c. State services
d. Total PE cost estimate (a+b+c)
KightofWay e. Agencywork ..............................................................................................................................
f. Other
g. State services
h. Total R/W cost estimate (e+f+g)
con~o~ i. Co~t~a~ .... 1..9.~.~.ff0.0 .............................. g.&,.SZ~ .................. 9..L,.I.Z.] ..........
j. Other .............................................................................................................................
k. Other
1. Other ..............................................................................................................................
m. Total contract costs (i+j+k+l)
Constructi~ Engineer~g
n. Agency ....... 1.5..,.ff~.0 .................................. 7....~2 9. ....................... 7.....~..7..1 ..........
~. Other ~ $ D 0 T ~ ~ Q ...................... Z~.~ ......................... ~.5~ .........
· State forces
q. total construction engineering (n+o+p) ~-5;500 7,573-- __ 7~927
r. Total construction cost Estimate (m+q) 2 0 5 . 5 0 0 10 0 :' 4 02 105 . 0 9 8
S. Totalcostestlmateoftheproject (d+h+r) ~05 ~ 500 100 ~0~ 105 t 098
*Federal participation in construction enginee~n$ (q) is limited to 15 percent of the total contract costs (line m, column 3).
The federal aid par~i~pation rate in this project will be determined by the Federal Govermnent. The parties expect that it will be
percent; however, ~t ~s rmdersthod that the rate may vary. The Local Ah~ncy agrees that this agreement is entered into without relying upon any
representation by the state made outside of this contract', or contained hereto, as to what the federal participation rate will be. It fu'rther agrees
tha.t it ,w'.Ul n,ot co~d!tio~ any future actions with respect to the project covered by th~s agreement upon past, current, or ihture representations as
to.tn.e tecler, a,~ p~,m~pa, bo ,n rate. The dollar amount of federal l~articipation cannot exceed the amormt shown in line s, column 3. All costs not
reunvurseo uy the rec~erai Government shall be the responsibility of the Local Agency. -,""-./.
DOT Form 140-039 '~'~'~J~
'Construction Method of Financing
~ 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 amorm t of
$ at $ per month for months
LocalForce orLocal Ad and Award
~ Method C -- Agency cost incurred with partial reimbursement
The Local Agency further si~pulat~ that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the'
federal funds obU. gated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action
on OC'~Ob&C I(~ ,19 q~,Resolutlon/OrdinanceNo, q'79ff .
~e Agen~ shaU p~vide ag ~e work, labor, mam~is, and
fo~ ~ de~ ~ ~e "Pmje~ ~p~on" and 'T~ of Work.'
~ ~e State a~ for and on be~ of ~e Agent, ~e State
d~ and ~ffi~t~ ~ "T~ of Work" on ~e face of ~
a~ment, ~ acne,ce wi~ pl~ ~d s~ca~om as p~posed by
· e Ag~ ~d app~v~ by the State ~d ~e F~eml ~ghway
Ad~afion.
~ ~e S~te a~ for ~e Agen~ but ~ not subj~ to the right
of con~l by ~e Agent, ~e State s~ ~ve ~e right to perfo~ ~e
work su~e~ to ~e o~ pr~ of tbe State ~d F~eral
~ghway Ad~afion.
~e State is ~g to ~ffil ~e r~pomib~has to ~e Fed~al
Gove~t by ~e ad~a~on of ~s p~. ~e Agen~ a~s
· at the State sha~ ~ve ~e ~1 au~on~ to ca~ out ~
adm~s~a~on. ~e S~te s~ ~i~, pr~s, and approve
d~en~ ~ for federal ~d re~bu~t ~ acco~ance wi~
· e State wifi ~er act for ~e Ag~ ~ ~ ma~e~ conce~g ~e
proj~ as ~u~t~ by ~e Agent. ~ ~e ~ Agen~ adve~es and
co~o~i~ wi~ ~e app~v~ p~m ~d s~fi~ons.
Cer~ ~ of work and ~ic~ s~ll ~ p~vid~ by ~e S~te
on t~s project ~ ~u~t~ by ~e Ag~ ~d d~b~ m the T~e
of Work above. ~ addition, ~e S~te w~ ~h quaUfi~ pe~el
for ~e supe~ion ~d ~p~on of ~e work ~ progress. ~ Local
Ag~ adve~ ~d award~ proj~, ~e su~wision and
~p~on shall be l~ited to em~g aU work is ~ confo~ance wi~
approv~ pl~, spe~fi~tiom, and f~eral aid r~uiremen~. ~e
~ of su~ enter or o~er superior ~d all other ~lafi~ ~d
c~ts ~ by S~te forc~ upon ~e proj~ will be comider~ a cost
ther~f. ~1 ~s~ ~t~ to ~ pr~e~ ~d by employes of the
State in the ~toma~ ma~er on ~ghway pa~olls and voucbe~ shall
be ~arged as costs of the proje~.
Ail proje~ re~s ~ suppo~ of aU cos~ ~ed ~d a~al
wi~ proc~ures probed by the Div~ion of M~idpal Co~ora~o~
of the State Auditor's Office, the U.S. ~pa~ent of Tr~po~a~on,
shall be open to ~pechon by the State and Federal Gove~ent at all
reasonable t~es and shall be ~ta~ed and made available for su~
Washington State Department of Transportation
, ,PH 8 ]996
payment of any federal aid funds to the Agency. Copies of said
records shall be futaisbed to the State and/or Federal Government
upon request.
V. Compliance with Provl.lons
The Agency shall not thc*ur any federal aid partidpation 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:
1. Preliminary engineer~g up to and includthg approval.
2. Preparation of plans, specifications, and estimates.
3. Right of way acquisition.
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, Lhe 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 VUI).
The Agency agrees that all stages of constr~ctlon necessary to
provide the inifially planned complete facility within the limits of this
project will conform to at least the minimum values set by approved
statewide design standards applicable to th~$ class of highways, even
though such additional work is financed without federal aid
participation.
The Agency agrees that on federal aid highway construction
projects, the current federal aid regulations which apply to liquidated
damages relative to the basis of federal participation th the project
cost shall be applicable in the event the contractor fails to complete
VI. Payment and Partial Relmburs~iment
The total cost of the project, including all review and
Agency and by the Federal Government. Federal funding shall be in
accord with the Intermodal Surface Transportation Efficiency Act
Management and Budget circulars A-102 and A~128. The State shall
not be ultimately responsible for any of the costs of the project. The
project which are not reimbursed by the Federal Government.
/. Prelimifia~3~ Englneering, Right o f Way Acquisition, and
The Agency will pay for Agency incurred costs on the project.
Following such payments, vouchers shall be submitted to the State in
DOT Form 140-039
a'mount shown o.n the face of this agreement for those costs eligible for
federal ~articipafion to the extent that such costs are directly attribut-
able and properly allocable to this project. Expenditures by the Local
Agency for the establishment, maintenance, general administration,
supervision, and other overhead shall not be eligible for federal
participation.
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 that such costs are attributable and properly allocable to this
project. The State shall bill the Agency for that portion of State costs
which were not reLmbursed by the Federal Government (see
Section VIII).
Project Construction Costs
Project construction Financing will be accomplished by one
of the three methods as indicated in this agreement.
Method A - The Agency will place with 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 State. The gtste will pay all costs
incurred under the contract upon presentation of progress billings
from the contractor. Following such payments, the State will submit a
blliing to the Federal Goverranent for the federal aid participation
share of the cost. When the project is substantially completed and final
actual costs of the project can be determined, the State will present the
Agency with a final billing showing the amount due the State or the
amount due the Agency. This billing will be deared 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 share of the total construction 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 winch 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
progsees billings from the contractor, the State will submit such
billings to the Federal Government for payment of its participating
portion of such billings.
Method C - The Agency may submit vouchers to the State in the
format prescribed by the State, in quadruplicate, not mom than once
per,nonth for those costs eligible for Federal participation to the extent
that such costs are directly attributable and properly allocable to this
project. Expenditures by the Local Agency for the establishinent,
maintenance, general administration, supervision, and other overhead
shall not be eligible for Federal participation.
The State shall r~rnburse the Agency for the Federal share of
eligible project costs up to the amount shown on the face of this
agreement. At the ~dme 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 ~ectinn VI~).
VII. Audit of Federal Aid Project
The Agency, if services of a col~sultant are required, shall 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
Government.
An audit shall be conducted by the WSDOT Internal Audit
Office in accordance with generally accepted governmental auditing
standard~ as issued by the Umted States General Accounting Office by
the Comptroller General of the United States; WSDOT Directive
D27-50, Consultant Authorization, Selection, and Agreement
Administration; memoranda of understanding between WSDOT and
FI-13/VA; and Office of Management and Budget Circular A-128.
If upon audit it is found that overpayment or participation of
federal money in ineligible items of cost has occurred, the Agency shall
reimburse the State for the amount of such overpayment or excess
participation (see Section vn~).
VIII. Payment of Billing
The Agency agrees that if payment or arrangement for payment
of any of the State's billing relative to the project (e.g., State 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 f~om the regx~lar monthly fuel tax aliotment~ to the
Agency from the Motor Vehicle Fund. No additional Federal proje~:t
ffmding will be approved until full payment is received unless
otherwise directed by the Assistant Secretary for TransAid.
IX. Traffic Control, Slgnlng~ Marking, and Roadway
Maintenance
The Agency will not 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 confo~rmance with the standards
approved by the Federal Highway Administration and MUTCD. The
Agency will, at its own expense, maintain the improvement covered .
by this agu~ement.
X. 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
execution, performance, or failure to perfon~ any of the provisions of
this ag~ement, or arising by reason of the parridpation of the State or
Federal Goverroment in the project, PROVIDED, nothing herein shall
require the Agency to reimburse the State or the Federal Goverrunent
for damages arising out of bodily injury to persons or damage to
property caused by or resulting from the sole negligence of the
No liability shall attach to the State or Federal Government
except as expressly provided herein.
Xl. Nondiscrimination Provision
The Agency hereby ag~es that it will incorporate or cause to be
thereof, as defined in the rules and regulatinns of the Secretary of
Labor at 41 CFR Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Govenmment or borrowed on the
credit of the Federal Government pursuant to a grant, contract, loan,
insurance, or guarantee or understanding p m~suant to any federal
program involving such grant, contract, loan, insurance, or guarantee,
the following equal opportunity dame:
"DURING THE PERFORMANCE OF THIS CONTRACT, THE
CONTRACTOR AGREES AS FOLLOWS:"
(a) The contractor will not discriminal:e against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure
that applicants are employed and that employees are treated during
employment without regard to their race, color, religion, sex, or
national origm. Such action shall include, but not be limited to, the
following: employment, upgrading, demotton or transfer; recruitment
or recruitment advertising; layoffs or termination; rates of pay or
other forms of compensation, and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the Agency setting forth the provisions of this
nondiscrimination clause.
Co) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
(c) The contractor will send to each labor union or
representative of workers with which he ha~ a col[ective bargaining,
agreement or other contract or understanding, a notice to be provided
by the Agency advising the said labor uinon or workers'
11-2 and shall post copies of the notice in conspicuous pisces available
to employees and applicants for employment.
(d) The contractor will comply with all provisions of Executive
Order 11246 of September 24, 1965, and of the rules, regulatigns, and
relevant orders of the Secretary of Labor.
(e) The contractor will furnish all information and reports
required by Executive Order 11246 of September 24, 1965, and by the
rules and regulations and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to liis books, records, and
accounts by the Federal Highway Administration and the Secretary of
DOT ~o.~ 140~39
Labor fo~ purposes df investigation to ascertain compliance with such
miss, regulations, and orders.
(0 In the event of the con,actor's noncompliance with the
nondiscrimInation clauses of this contract or with any of such rules,
regulatiom or orders, this contract may be canceled, terminated, or
suspended in whole or in par~ and the contractor may be declared
ineligible for further govermnent contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(g) The contractor will include the provisions of this Section 11-2
in every subcontract or purchase order unless exempted by rules,
regulatiorm, or order~ of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor.
The contractor will take such action with respect to any subcontract or
purchase order as the Agency, Washington State Department of
Transportation, or Federal Highway Administration may direct as a
mean~ of enforcing such provisions including sanctior~s for
noncompliance: Provided, however, that in the event a contractor
becomes involved in, or is threatened with, litigation with a
subcontractor, he may request the United States to enter into such
lltigetion to protect the interests of the United States.
The Agency further ag~es that it will be bound by the above
equal oppomanity caause with respect to its own employment practices
when it 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 subdivision of such govermnent which does not
participate in work on or under the contract. The Agency also ag~os:
(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 th the discharge of its primary responsibility for securing
compliance.
(3) To refrain from entering into any contract or contract
modification subject to Executive Order, 11246 of September 24, 1965,
with a contractor debarred from, or who has not demonstrated
eligibility for, government contracts and federally assisted construction
(4) To carry out such sanctions end penalties for violahon of the
equal opPorhmity clause as may be imposed upon contractors and
subcontractors by the State, Federal Highway Administration, or the
Secretary of Labor pursuant to Part II, subpart D of the Executive
Order.
In addition, the Agency agrees that if it fails or refuses to comply
with these undertakings, the State may take any or all of the following
(a) Cancel, terminate, or suspend this agreement in whole or in
part;
Co) 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 the case to the Department of Justice for approprtate
legal proceedings.
Xll. Liquidated Damages
The Agency hereby agrees that the liquidated damages
provisions of 23 CFR Part 630, Subpart 305, as supplemented, relative
to the amount of Federal par~cipation in the project cost, shall be
applicable in the event the contractor fails to complete the contract
within the contract thne. Failure to include liquidated damages
provision will not relieve the Agency from reduchon of federal
participation in accordance with this paragraph.
XIII. Termination for Public Convenionce
The ~cretary of the Washington State Department of
Transportation may terminate the contract irt whole, or from time to
time in part, whenever:
(1) The requisite federal b. mding 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 n~ttional 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 pJ~ceeding 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 hast
interests of the State.
XIV. Venue for Claims and/or Cauau.~ of Action
For the convenience of the parties to this contract, it is agreed
that 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 concerned, shall be brought only in the
Superior Court for Thurston County.
XV. Certification Regarding the Ruatrictluns of the Uae
of Federal Funda 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 cormection with the
awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuahon, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative
(2) If any bands other then federal appropriated funds have been
paid or will be paid to any person for influen,:ing or attempting to
accordingly.
Additional Provisions
DOT Form 140-039
Revised 8/95