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ORDINANCE NO. .4 8 0 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING FEDERAL ISTEA GRANT FUNDS WITH
MATCHING FUNDS AS PROVIDED IN THE LOCAL AGENCY AGREEMENT
BETWEEN THE CITY AND THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION TO PREPARE AND IMPLEMENT A DOWNTOWN ENHANCEMENT
PROJECT ON AUBURN WAY SOUTH TO "A" STREET.
WHEREAS, the City Council of the City of Auburn must
adopt and approve all appropriations by Ordinance pursuant to
Chapter 35A.33 RCW; and
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 Grant Funds in the amount of $327,500.00 with
local matching funds of $81,875.00 from the 102 Gas Tax Fund
to prepare and implement a downtown enhancement project on
Auburn Way South to "A" Street and authorizes the Mayor to
execute a Local Agency Agreement between the City and the
Washington State Department of Transportation approving said
Agreement, a copy of which is attached hereto as Exhibit "A"
and is incorporated herein by reference.
Section 2. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Ordinance No. 4802
November 21, 1995
Page I
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Section 3. This Ordinance shall
force five (5) days from and after its
publication, as provided by law.
INTRODUCED:
PASSED:
take effect and be in
passage, approval and
APPROVED:
ATTEST:
CHARLES A. BOOTH
MAYOR
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Ordinance No. 4802
November 21, 1995
Page 2
Wamhington ~tate
Department of Tr:,nsporlmtion
Local Agency Agreement
Agency
Address
CITY OF AUBURN
25 West Main Street
Auburn, WA 98001-4998
Project No. ~
Agreement No. ~ 2 ~ 6
For Hosdqu~r~e~ WSDOT u~e only.
Project Description
Name Downtown Rnh~n~m~n~ Proj~_~_~-A,~l~n Way .q. ~ 'A' ,K~.Len~h ~OO
Tenn~l City CBD
Description of Work
This project consists of installing cement concrete sidewalks, trees, shrubs, and
luminaires consistent with the recently completed Main Street colored and patterned
sidewalk theme. Drainage, utility & garbage dumpster masking, and planter box
improvements are also planned. The 'B' Street to Main Street will be realigned
with reconstruction of pedestrian surfaces. Sidewalks along 'A' Street and Auburn
Way South to Main Street will be improved.
Estimate of Funding
Type of Work m (2.) (3)
Es~ated Total Es~ated ~$tlmated
l~oject Funds A~ency Funds Federal Funds
, .. A$ency work ..... _i...1..A Q. 0.Q .............................. ..2..c _2...0..0.. ....................... ..8.. ,...8...Q..o.
....................
co ltant ..... ..........................' ................... 9. s' ....................
c. S~e statices 1,000 200 800
d. Total PE c¢~t estimate (a+b+c) 82,010 16,402 65,608
Ri~hi ~ %~ay e. A~ency work ..............................................................................................................................
h. Total R/W cost e~timate (e+~+~)
Construction i. Contract ~ 92,790 246,692
'~;"~I~S' .......................... ~';"~ .........................................................
]. Om,r .i~IS,.~.~T... ....................... ht,..~3. .........................................................
m. To~ con~a~ cos~ (i+j+k+l) ~ ~, 79~ 246,692
n. Agency ...... .1..~..~ .O.g.O. ............................ .2..,..6..Q.Q ..................... .I..Q .~...~.Q.Q. ...............
,..
o. O~er Material Testing ....... .%,..9...o..o.. ............................ .1.,.9.9.9 ........................ .4..,...o..99.. ...................
p. Smte fo~c~ 1,000 200 800
q. Total o~ns~u~don en~neenng (n+o+p) 19 ! 000 3 ~ 800 .15 t 200
~~, ~S' ...... b~,~J 261,892
s. Totalco~testimateoftheproject(d+h+r) ~i-7~~'~-~' 125,$CC "~),~"/.S"' 327,500
Construction Method of Financing
E) Meth°d A -- Advance Payment -- Agency share of total constzuctlon co~t (baead on contract award)
O Method B -- Withhold from gas tax the Agency's share of total construction cost/line 4, column 2) in the amount of
Local Force o~ Lo~al Ad and Award
~ Method C -- Agency coet incun~ with partial reimbursement
l~e Local Agency further si/inflates that pursuant to said T/tie 23, regulations and policies and procedures, and as a condition to payment of the
federal funds °bllgated. it accepts and will comply with the applicable providons eat forthbelov.. Ado tedb
~, 3/8/~4 · P y 'al action
,19 . Resolution/Ordinance No.
Mayor
_ City of Auburn
Provisions
I. ~o1~ of Work
The Agm~cy shall provids all ~e w~ ~r, mat~% ud
~~ t° ~ ~ ~ w~ ~d~ ~d~
~ ~ ~e S~te a~ f~ ~d ~ ~ ~e A8~, ~e ~te
a~L ~ a~r~ ~ pl~ ~d s~o~ ~ ~ by
~ A~ ~d a~ by ~e State ~d ~e ~ ~way
A~s~.
~ ~e ~te a~ f~ ~e Ag~ ~t ~ not ~ to ~e
~ ~n~ by ~e A8~, ~ ~a~ ~ ~ve ~e ~t to ~ff~ ~e
~rk ~b~ to ~e or~ ~ of ~e S~te ~d F~
~y A~aU~.
II. ~l~atlon of
~e S~te ~ ~g to ~ ~e r~n~b~ to ~e
~ me ~to ~ ~ve ~e ~ auth~ty to ~y out ~
a~afl~. ~e S~te ~ ~ew, ~s, ~d a~ove
d~ ~ for ~ ~ ~b~ent ~ ~rd~
f~M ~. If ~e ~ate adv~ ~d a~ ~e ~a~,
~o~ ~ ~t~ by ~e A~. ~ ~e ~ Agency adve~ ~d
a~ ~ ~ ~e ~ate ~aH ~ew ~e ~rk to ~e
~o~ty ~ ~e a~ov~ pl~s ~d s~o~
IlL ~J~t A~lnletmtl~
~ ~ of w~k ~d ~ ~ ~ Pro~d~ by
~ ~ ~o~ ~ r~t~ by ~e Ag~ ~d d~ ~ ~e T~
SU~on ~d ~on of~e ~rk ~ P~
~ ~d aw~ ~, ~e su~on
a~ p~, ~, ~d f~M ~d ~
~ ~ by ~ate f~ u~n ~e ~ ~ ~ ~n~d~ a
~ ~ ~ of ~e~o~. -- ..........
~ ~ ~r~ ~ sup~ of ~ ~ ~ ~d a~
e~ k~t by ~e A~ ~e to ~ m~t~ ~ a~r~
~ ~ ~ by ~e ~on of M~i~
~d ~e W~h~g~n State ~ent of Ti~por~on. ~e r~r~
DOT ~
Washington State Depar~ant of Transportation
shall be open to inspection by the State and Federal Government at all
.reasonable times and shall be retained and made available for such
inspection for a period of not le~s than three yeats f~om the final
payment of any federal aid funds to the Agency. Copies of eaid
records shah be fuznished to the State and/or Federal Government
upon request.
V. Compll&nct with Provlslon~
The Agency shall not incur any federal aid pactidpation ces~s
on any classificatian of work on this project until authorized in
writing by the State for each ciasaifi~ation. The classifications of work
for projects ate:
I. PreRminarY engineering up to and including approval.
2. Preparation of plans, sl:~:ifications, and estimates.
3. Right of way ac~fisitlon.
4. Project COnsb-uctian.
in the event that right of way acquisition, or actual consb-uction
.o!_~e ~ro~ ad,. for ,whi.'ch pretimthary eng/neering is undertaken is not
~t4r~e~ oy the oosmg of the tenth fiscal year fotlowing the fiscal year
t~ which the agreement is executed, the Agency ~ repay to the State
e sum or sums of red.al funds paid to the Agency under the terms
of this agreement (see Section VIII),
The Agency agrees that ah stage~ of cons~ruc~on nece~ary to
provide the in/tiahy planned com,~let e facili ....... ~- .......
prob.-ts, the current fedsra~ aid re~u~aHons which apply to l~quidated
damages relative to the basis of federal participation in the project
VI. Payment and Partial R®lmbur~®m®nt
engtheerLng co, ts and other expens~ of the State, is to be paid by the
accord with the in tm'modaJ Surface Transportation Ffficiency Act
1991, Title 23, Unitod States Code, as amended, a~d Office of
Management and Budget circuinrs A-J02 and A-]28. The State shah
not be ultimately responsth]e for any of the costs of the project. The
Agency shah be ultimately responsthle for ah c-~ts astoria ted with the
project which are not reimbursed by the Federal Government.
as to the amount or nature of federaJ par tlcipa tlon in this project.
1. I'relimln&ry Engineering, Right of Way Acquisition, and
The Agency wili pay for Agency incurred costs on th~ pro'~.
Following such payments, vouchers shall be submitted to the State in
the format prescribed by the State, in quadruplicate, not more than
o~e per month. The State will reimburse the Agor, cy up to the
mn~mt shown on the face of this agreement for those costs eligible
fo~ federal participation to the extent that such costs &re directly
attributable and properly allocable to this project £xp~ditores by the
~ Agency for the establishment, maintenance, seneral administra-
tion, supervision, and other overhead shall not be eligible for federal
e Slate will pay for State incurred costs on the project.
Following Payment, the Slate shall bill the Federal Government for
reimbursement of thnse cnsts eligible for federal l~,'~-tictpation to the
extent that such coe~ts are attrthutshle and properly allocable to this
lX~,ct. The State shall bill the Agency for that portion of State co, ts
which were not reimbul~ed by the Federal Government (see
.Section VIII).
2. Project Construction Costs
Pro'iect construction financing will be accomplished by one
of the thre~ methods as indicated in this agreement.
Method A - The Agency will place with the State, within (20)
days after the execution of the construcflce contract, an advance in
tbe &mount of the Agency's share of the to~ construction cost based
ce the ¢ootract award. The Slate will notify the Agency of the exact
amount to be deposite~ with the Stala. The Slate wUl Pay all costs
incun'ed under the contract upon presentation of progress bliling~
from the contractor. Following such Payments, the State will submit a
billing to the Federal Government for the federal aid participation
sh~re of the cost. When the project ts substantially completed and
final actual ccots of the project can be determined, the Slate will
present the Agency with a final billing showing the amount due the
State or the amount due the Agency. This billing will be cleared by
either a Payment from the Agency to the State or by a refund from the
Method B- The Agency's share of the total constlxtctton co~t as
shown ce tbe face of this agreement shall be withheld from its
months in wl'dch the withholding shall take ptace ~nd the exact
·mount to be withheld each month. The extent of withholding will be
m~tpt of progress bili~gs from the contractor, the Slate will submit
such billings to the Federal Government for Payment of its
pm~icipating portion of ~ biliing~
Method C
the format pre~ibed by the State, in quadruplicate, not more than
once per month for those costs eligible for Federal participation to the
extent that such costs are directly att~butable and properly allocable
to this prelect. £xpendit~-es by the Local Agency for the
e~tablishment` maintenance, general administration, supervision, and
other overhead shall not be eligible for Federal participation.
The Slate shall ~trnburse the Agency for the Federal share of
eligible project costs up to the &mount shown on the face of this
egre~ment. At the time of audit, the Agency will provide
documentation of all costs inctu'red on the pro'~.-ct.
The Slate shall bill the Agency for all costs incurred by the State
relative to the pr ~,ct. The State shall also bill the Agency for the
federal funds paid by the State to the Agency for pr~ect costs which
are subS~:luenfly determined to be ineligible for federal participation
(see ,~,ction VIII).
¥11. &udit of F~daral &Id Pro]eot
The Agency, if services of a consultant 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
A~e~c~s ~es and made available to the State a~d the Federal
Government.
An audit sbell be conducted by the WSDOT Internal Audit
Office in ~'ordance with generally ip.~cepted governmental auditing
standards as issued by the United Slates Goneral Accounting Office
by the Comptroller General of the United States; WSDOT Directive
Admthlstration; memoranda of under'st anding between WSDOT and
FHWA; and Office of Management and Budget Circular A-125.
If upon audit it is found that overl~ayment or participation of
federal money in ineligible items of co~t ha~ occurred, the Agency
DOT ~
shall rei.mbume the State for the &mount of such overpayment or
excesa participation (see Section VIII).
VIii. Payment of Billing
The Agency agrees that if payment or arrangement for payment
of any of the State's bilL~ g relative to the project (e.g., State force
work, project cancellation, overpayment, cost ineligible for federal
Par tidpatton, etc.) is not made to the State within 45 days alter the
Agency has been billed, the State shall affect ralmborsement of the
total sum due from the regular monthly fuel tax allotments to the
Agency from the Motor Vehicle Fund. No additional Federal project
funding will be approved until full payment is received unle~
otherwise directed by the Assistant Seo-elaty for Local Programs.
IX. Traffic Controls Signing, Marking, and Roadway
The Agency wifl not permit any changes to be made in the
provisions for parking reg,.dations and traffic control on this pr oje:t
without p~or approval of the State end Pederal Highway
Admlaistration. The Agency ~ not install or permit to be installed
any signs, signals, or mar~ngs not in conformance with the standards
approved by the Federal Highway Administration anif MUTCD. The
Agency will at its own expense, maintain the improvement covered
by this agreement.
X. Indamnitlf
The Agency shall hold the Federal Government and the Slate
harmises from and shall procese and defend at its own expanse all
.*l:~tms, demands, or suits, whether at law or equity brought against
the Agency, State, or Federal Government, erisin$ from the Agency's
execution, performance, or failure to perform any of the provisions of
this agreement, or of any other agreement or contract connected with
this agreement, or arising by reason of the participation of the Slate or
Federal Government in the project, PROVIDED, nothLqg herein shall
requLre the Agency to reimburse the State or the Pederal Government
for damages arising out of bodily in'FaT' to parsons or damage to
~redoper ty cause~ by or resulting from the sole negligence of the
era]. Government or the Slate.
No liability shall attach to the State or Federal Government
except as expresaly provided herein.
XI. Nondlscrimlnatlon Provision
The Agency liereby agrees that it will incorporate or cause to be
incorporated into any contract for construction work, or modification
thereof, as defined in the rules and regulations of the Secretary of
Labor at 41 CFR C~apter 60, which is paid for in whole or in ~ with
funds obtained from the Federal Government or borrowed on the
c~edit of the Federal Government pursuant to a grant, contract, loan,
insurance, or guarantee or understanding pursuant to any federal
program involving such grant, contract, loan, insurance, or guarantee,
the following equal opportunity clause:
"DURING THE PERFORMANCE OF THIS CONTRACT, THE
CONTRACTOR AGREES AS POLLOWS:'
(a) The contractor wi~ not diSOnminat · against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor ~ take affir~afive action to ensure
that applicants are employed and that employees are treated during
employment without regard to theh- race, color, religion, sex, or
national origin. Such action shall include, but not be limited to, the
foliowing: employment, upgrading, demotion or transfer; recruitment
or rec~'uitment advertising; layoffs or term~ation; rates of pay or
other forms of compensation, and selection for training, including
apprenticeship. The contractor agrees to post in cons~icuou.s places,
available to employees and applicants for employment, notices to be
provided by the Agency setting forth the provisions of this
nondiscrimination clause.
(b) The contractor v~.ti, 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 ~ send to each labor union or
representative of workers with which he has a collective bargaining
agreement or other contract or understanding; a nolice to be provided
by the Agency advising the said labor union or workers'
representalive of the contractor's commitments under this Section
1 I-2 and shall post copies of the notice in conspicuous places available
to emptoyees and applicants for employment.
(cO The contractor will comply with all provisions of Executive
Order 11246 of September 24, 1965, and of the rules, regulations, and
relevant orders of the Secretary of Labor.
(e) The contractor will furnish all information and reports
requfred by Executive Order 11246 of September 24, 1965, and by the
rules and regulations and orders of the Secretszy of Labor, or
pursua~ t thereto, and will permit access to his books, records, and
accounts by the Federal Highway Administration and the Seczetary of
Labor for purlx)ses of investigation to ascertain compliance with such
0~ In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contraci or with any of such nOes,
r%mJation~ or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further govermment contracts or federally assisted
Executive Orde~ 11246 of September 24, 19~5, and such other
sanctions may be imposed and remedies invoked as provided in
Executive Order 1124.6 of S~tember 24, 196~, or by rule, reguJation,
or ord~ 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 unle~ exempted by noes,
regulatim~, or ordes-s of the Secretary of Labor issued pui~uan t to
Sectio~ 204 of Executive Order 11246 of September 24, Ig6S, so that
such provi~oc~ will be binding upon each subeontractor or vendor.
The con tr~tor will take such action with ra~pect to any subcontract or
r~r~order as the Ag~cy, Washington State ~ent of
tioo, or Federal Highway Adminislration may direct as a
mea~s of e~orctng ~uch provisions including sanctions for
noncompRance: Provided, however, that in the event a contractor
becomes involved in, or is threatened with, litigation with a
~ml~con~'netor, he may r~qu~t the United Sta~ to e~ into such
tiltgation to protc~'t the interests of the United States.
The Agency further agrees that it will be bound by the above
equal opportm~ty clau~ with respect to its own employment
practices when it p~rticipates in federally assisted construction work:
Provided, that i~ the applicant so participating is a State or Local
Government, the above equni opportunity clause is not applicable to
any agency, Instrume~tslity, or subdivision of such government
which does not participate in work on or under the contract. The Agency also agzee~
(1) To a~lst and cooperate actively with the State in obtaining
the compliance of contractors and subcontractors with the equal
opportunity clau~e and nzles, regolations, and relevant orders of the
(2) To ~rnish the ~ate such information as it may recluize for
the supe~,'i~on of such compliance and that it will otherwise assist
the ~a~e in the discharge of its primary responsibility for securing
compliance.
(3) To refrain from entering into any contract or contract
moc[~ication subject to Executive Order, 11246 of September 24, 1965,
with · contractor debarred from, or who has not demonstrated
eligibility for, governm~t contracts and federally assisted
construction contrac~ p~uant to the Executive Order.
(4) To ca~ry out such sanctions and pona~ties for violation of the
equal opportunity clause as may be imposed upon contractors and
subcontractors by the State, Federal Highway Administration, or the
Sec~etsry of Labor pursuant to Part II, subpart D of the Executive
Order.
In addition, the Agency agrees that i/it fails or refu~.~s to
comply with these undertakings, the State may take any or all of the
following ac+ions:
(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 un~l satisfactory assurance of future compliance has been
received from the Agency; and
(c) Refer the case to the Department of Justice for appropriate
legal proceedings.
XII. Liquidated Damages
The Agency hereby agrees that the liquidated d~ages
provisions of 23 CFR Part 630, Subpar t 305, ~s supplemented, relative
in 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 '.viii not relieve the Agency from reduction of federal
participation in accordance with this paragraph.
Xlll. Termination for Public Convenience
The Seczetary of the Washington State Department of
Transportation may terminate the contract in whole, or from time to
time in part, whenever:
(1) The requisite federal funding becomes unavailable through
failure of appropriation or otherwise.
(2) The contractor is prevented ~zom proceeding with the work
as a direct result of an Executive Order of the President with respect
to the prosecution of ~.~rar 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 · preliminary, sF~:ial, or permanent restraining order of
· court of competent jurisdiction where the issuance of such order is
primarily caused by the acts or omissions ol persons or agencies other
than the contractor.
(4) The Seo'etsry determines that such termination is in the best
interests of the State.
XIV. Venue foe Claims and/oe Causes of Action
For the convenience of the parties to this contract, it is agreed
that any claims and/or causes of action which the Loci] 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.
Additional Provisions
DOT n~ l~