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ORDINANCE NO. 4 8 4 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING FEDERAL ISTEA GPJkNT FUNDS WITH LOCAL
MATCHING FUNDS AS PROVIDED IN THE LOCAL AGENCY AGREEMENT
BETWEEN THE CITY AND THE WASHINGTON STATE DEPARTMENT OF
TRAlqSPORTATION FOR THE INSTALLATION OF SIGNALIZATION OF
INTERSECTION AT "A" STREET AND 17TH STREET S.E.
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:
~ Pursuant to Chapter 35A.33 RCW, the City
Council hereby approves the expenditure and appropriation of
Federal ISTEA Grant Funds in the amount of $130,500.00 with
local matching funds of $14,500.00 from the 102 Gas Tax Fund
for the installation of signalization of intersection at "A"
Street and 17th Street S.E. The ISTEA grant funds will be
expended as phases of the project are completed. The Mayor
and City Clerk are hereby authorized to execute the Local
Agency Agreement between the City and the Washington State
Department of Transportation approving said Agreement, a copy
Ordinance No. 4841
March 7, 1996
Page 1
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of which is attached hereto as Exhibit "A" and is incorporated
herein by reference. The Mayor and City Clerk are also
authorized to approve and execute any future supplemental
agreements thereto required for completion of phases of the
project including but not limited to design,
construction.
~ The Mayor is
such administrative procedures as may be
out the directions of this legislation.
~ This Ordinance shall
force five (5) days from and after its
publication, as provided by law.
right-of-way, and
hereby authorized to implement
necessary to carry
take effect and be in
passage, approval and
INTRODUCED:
PASSED:
APPROVED:
March 18, 1996
March 18, 1996
March 18, 1996
CHARLES A. BOOTH
MAYOR
Ordinance No. 4841
March 7, 1996
Page 2
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael JW Reynolds,
City Attorney
Ordinance No. 4841
March 7, 1996
Page 3
. 0 R I G I r,-,I AGENCY t 7
~ Weshin~on State
Department of Transportation I Agency Agreement
Agency City of Auburn
Address 25 West Main Street
ement .e.__ 8__5
Fo~, Headquarte~ WS~T u~ only.
Auburn WA 98001 -4998
The Local Agency having comphed, 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 Manag~mont 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 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 are to be obligated for the project may not exceed the amount shown herein
on line s, coltmm 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not
reimbursed by the Federal Government shall be the responsibility of the Local Agency.
P~oj®ct Description
Name Siqnalization at intersection"A" Street & 17~treet SE
Ten~d
~scd~m..~w.~ %he project consists of design and construction of a traffic
signal installation and channelization modification to the intersection of "A'
street SE at 1~th §treet. Design analysis will be included to determine
pavement requirements in conjubction with the City's master plan of roadways.
Estimate of Funding
Type of Work
EsfimatedTotal Estimated Estimated
Project Funds AgencyFund.s Federal Ftmds
PE a. Agency work ......... Z.,..0.~}.0. ..................................... 2.0.Q ................... ]....8.0.fl .................
b. Othe~ C 0 n S u 1 t a n t ...... 1.Z.~.S.O..0. .............................. !..~.Z..5....0. ............... !..5..,.Z.D...0. .................
c. State services 500 50 4 50
a. To~lP£ cost esthnate (a+h+c)20. 000 2. 000 18. 000
· ightofWay e. Agencywotk ....................................................................................... ~ ....................................
...
f. Other
g. State services
h. Total R/W cost estimate (e+f+g)
2o~strucfion i. Contract
j. Other
lc Other ............................................................................................................................
1. Other ....................... ~ ..............................................................
m. Total contract costs (i+j+k+l)
n. Agency .............................................................................................................................
o. Other
p. State forces
q. Total construction engineering (n~-o+p)
r. Total construction cost Estimate (re+q)
s..Totalcoste~fimateoftheproject (d+h+r) ~0 , 000 ~ , 000 18 , 000
*Federal participation in construction engineering (q) is limited to 15 percent of the total contract costs (line m, column 3).
The foderal aid pa~'i!fipation rate in this project wiU be determined by the Federal Government. Tile palsies expect that it will be 9 0
percent; ho'~ever, it ~s understood that the rate may vary. The Local Agency agrees that this agreement is entered into without relying upon any
,r~e _p,r ...e~.._n_.~ t m .n by ~.e. state re,ad? outsis~e of th~s. contract, or contained herein, as to ~yhat the federal participation rate will be. It further agrees
~at~~ ~rna~t c~.ng!r,o,n' any ~.ru~re ac.t~.o, ns w~tn resp,est' !o the pro}~ct c~vered by this agreement upon past, .c~.~nt, or future representations as
reimbu__ ~ p.a. ru~p .ano .n r~ate. I ne aomla? a..m. o .u? ot reoeral Earticlpation cannot exceed the amount shown m line s, column 3. Ail costs not
rseu vy me i'eoerm t,overnment snan ye the responsibility of the Local Agency.
DOT Form 1404D39 I~,~ /
ReviSed 8/g5 1 '/
!
Construction Method of Financing
State Ad and Awaxxi
El Method A -- Advance Payment -- Agency share of total construction cost Coased on contract award)
El Method B -- Withhold from gas tax the Agency's share of total construction cost (line 4, cohimn 2) in the amount of
$ at $ per month for months
Local Force or LocalAd and Award
~g~ Method C -- Agency cost incurred with part~ reimbursement
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 ac~on
on ~ 18 ,19 96 ,~on/Ord~ance No. a R a 1
Agency Official
unar/-gs a. boo=n,' ma~zor
Provisions city ~ttorney
~e A~ ~ p~de a~ ~e wor~ ~r, ~, ~
fo~ ~ de~H ~ ~e '~j~ ~p~on"
~ ~e State a~ for ~d on ~ of ~e Ag~, ~e S~te
~11 be d~ ~ a~t of ~e A~ ~ s~ ~ ~e ~c~
d~ and ~
a~m~t, ~ acco~ce ~ pl~ ~ s~o~ ~ pm~ by
· e Ag~ ~d appmv~ by ~e Stem ~d ~e F~ ~way
~en ~ State a~ for ~e A~ but ~ not ~ ~ ~e d~t
of con~l by ~e Ag~, ~e
work ~ to ~e o~ p~ of ~e Sta~ ~d F~
~ghway A~om
G~e~t by ~e ad~a~on of ~s p~j~. ~e Agen~ a~
· at the State s~ ~ve
adm~a~on. ~e State s~ m~, p~, and approve
d~ ~ for f~eral ~d m~ment
f~eml r~. ~ ~e State adve~ ~d awa~ ~e ~n~a~,
· e S~te w~ ~er a~ ~r ~e Ag~ ~ aH maim ~nce~g ~e
pmj~ es ~u~ by ~e A~. ~ ~e ~al Agen~ adve~ and
aw~ ~e p~, ~e State s~ r~ew ~e work to ~u~
c~i~ wi~ ~e appmv~ plato and sp~cafiom.
III. ~oJect Admlni.tratlon
Ce~m ~ of work and se~ices s~ ~ provid~ by ~e S~te
on ~ p~e~ ~ ~u~t~ by ~e A~ ~d d~b~ ~ ~e T~e
of Work above. ~ ad~on, ~e S~te ~ ~h qua~fi~ ~el
for ~e supew~ion
A~nq adv~ ~d aw~ p~, ~e supe~sion ~d
~p~on s~ll be l~t~ ~ em~g a~ work is ~ color,ce wi~
~la~ of su~ enter or o~er supe~r ~d a~ o~er ~afi~ ~d
~s~ ~ by S~te for~ u~n ~e p~ ~ ~ c~ide~ a cost
State ~ ~e ~toma~ ma~er on ~way pa~o~ ~d vou~e~ shall
be ~arg~ ~ cos~ of ~e p~j~.
~1 proj~ ~o~s ~ suppo~ of a~ cos~ ~ and a~l
expendi~ ~t by ~e Agenq am to be ma~ta~ in a~ordance
wi~ p~u~ p~fib~ by ~e Div~ion of M~icipal Co~orafiom
of the State AuditoWs Office, ~e U.S. ~pa~t of Tr~po~on,
and ~e Wash~g~n State ~pa~ent of Tram~,afion. ~e r~o~s
shall be open to ~p~on by ~e State ~d F~eral Gove~ent at all
rea~nable ~ and sha~ be mta~ ~d made available for su~
insp~tion for a period of not l~s ~ ~r~ yea~ ~om ~e ~al
Washington State Department of Transportation
payment of any federal aid funds to the Agency. Copies of said
records shall be furnished to the State and/or F~.eral Government:
upon request.
V. Compliance with Provl.lons
The Agency shall not incur any federal aid participation coots ....
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 engineering up t~ and including approval
2. Preparation of plans, specificatiooo, and estimates.
3. Right of way acquisition.
4. Projec~ construction. :
In the event that right of way acquisition, or actual construction
of the road, for which preliminary engineering is undertaken is not ~
sta~ed by the dosing of the tenth fiscal year following the fiscal year
in which the agreement is executed, the Agency will repay in the State
the sum or sums of federal funds paid to the Agency under the terms
of this agreement (see Section VIII).
The Agency agrees that all stages of construction necessav] to
provide the initially planned complete facility within the limits of this
project will cordonn to at least the mlnimmn values set by approved
statewide design standards applicable to this dess 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 in the project
cost shall be applicable in the event the contractor fails to complete
the contract within the contract time.
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
accord with the Intermodal Surface Transportation Efficiency Act
1991, Title 23, United Stats~ Code, as amended, and Office of
Management and Budget ~ Ao102 and A-128. The State shall
not be ultimately respons~le for any of the costs of the project. The
Agency shall be ultimately responsible for all costs associated with the
project which are not reimbursed by the Federal Govermnent.
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.
L Preliminary Engineering, Right o f Way Acquisition, and
Audit Costs
The Agency Will pay for Agency incurred costs on the project.
Following such payments, vouchers shall be submitted to the State in
the format prescribed by the State, in quadruplicate, not more than
one per month. The State will reimburse the Agency up to the
DOT Form 140~)39
amount shown'on the fa~e of this agreement for those costs eligible for
federal participation 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 f~r 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 per, on of State c~sts
which were not reimbursed by the Federal Government (see
Section VII~).
Z Proj eet Consb'uctlon Cos ta
Project construction financing will be accomplished by one
of the ~ methods es 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 confx-act award. The State will notify the Agency of the exact
amount to be depnsited with the State. 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 Government for the federal aid participation
share of the cost. When the project is substantially completed and final
amount due the Agency. This billing will be dea~d by either a
shown on the face of this ag~ement shall be withheld tom its monthly
in which the withholding shall take place and the exact amount to be
portion of such billings.
format prescribed 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 attributable and properly allocable to this
project. Expenditures by the Local ,agency for the establishment,
shall not be eligible for Federal parridpation.
The State shall reimburse the Agency for the Federal share of
eligible project costs up to the amount shown on the face of this
agreement. At the time of audit, the Agency will provide
relative to the project. The State sha~l also bill the Agency for the
(see Section VIII).
The Ager~cy, if services of a consultant are required, shall be
Agency's files and made available to the State and the Federal
federal money in ineligible items of cost has occurred, the Agency shall
participation (see Sectmn Vti~).
partidpation, etc~) is not made to the State with/n 45 days after the
Agency has been billed, the State shall effect reimbursement 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 unless
otherwise directed by the Assistant Secretary for TransAid.
IX. Traffic Control, Signing, Marking, and Roadwly
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 pan'nit 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.
X. Indemnity
The Agency shall hold the Federal Government and the State
harmless from and shall process and defend at its own expeme ali
claims, demands, or suits, whether at law or equity brought against
the Agency, State, or Federal Govermnent, arising fi'om the Agency's
execution, performance, or failure to perform any of the provisions of
this agreement, o2 of any other agreement or con~a-act connected with
this agreement, or arising by reason of the partidpation of the State or
Federal Govenunenf in the project, PROVIDED, nothing herein shall
require the Agency to reimburse the State or the Federal Government
for damages arising out of bodily injury to persons or damage to
property caused by or resulting from the sole negligence of the
Federal Government or the State.
No liability shall attach to the State or Federal Government
except as expressly provided herein.
Xl. Nondiscrimination P~ovislon
The Agency hereby ag~m'es 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 Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Government or ben'owed on the
credit 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 P ERFOPuV,-~NC E OF TI-lIS CONTRACT, ~
CONTRACTOR AGREES AS FOLLOWS:"
(a) The contractor will not discriminate 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 origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment
or recruitment advertising; layoffs or tenmnation; 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.
(b) The contractor will, in all solicitations or adverttsemenb3 for
employees placed by or on behaif 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 has a collective bargaining
ag~ement or other contract or understanding, a notice to be provided
by the Agency advising the said labor union or workers'
representative of the contractor's commitments under this Section
11-2 and shall post copies of the notice in conspicuous places 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, regulations, 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 his books,.records, and
accounts by the Federal Highway Administration and the Secretary of
DOT Form 140-039
Revised 8/95
Labo]: for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
(0 In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further government 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 end 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 otherwtse provided by law.
(g) The contractor will induds the provisions of this Section 11-2
in every subcontract or purchase order unless exempted by rules,
regulations, or orders 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
means of enforcing such provisions including sanctions 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
litigation to protect the interests of the United States.
The Agency further ag~es that it will be bound by the above
equal opportunity clat~se 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,
instnunentality, or subdivision of such government which does not
participate in work on or under the contract. The Agency also ag~es:
(1) To assist and cooperate actively with the State in obtaining
the compliance of contractors and subcontractors with the equal
to the amount of Federal parlidpation 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 wilt not relieve the Agency from reduction of federal
parlidpation in accordance with this paragraph.
XIII. Termination for Public Convenience
Tbe Secretary of the Washington State Department of
Transportation may terminate the contract in whole, or from time to
time in part, whenever.
(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 p~servalion of energy resoumes.
(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.
XIV. Venue fo~ Claims ond/or Ce,Ns 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 Restrictions of tho Uss
· of Federal Funds for Lobbying
The approving authority certifies, to the best of his or her
opportunity ciause and rules, regnlatiom, and relevant orders of the knowledge and belief, thai:
Seri'efary of Labor. ' .......... (1) No federal appropriated funds have been paid or will be
. (2) To furnish the State such informalion as it may require for the paid, bY o~ on..be.ha? 0f _t_he undersigned, to eny person for influencing
supmvlsfon of such compliance and that it will otherwise assist the .... or atte~lptmg t9 influence al! officer or employee of any federal
State in the discharge of its primary responsibility for securing agency, a member of Congr--,=,s, en officer or employee of Congress, or
comphance. · an employee of a member of Congress in connection with the
(3) To refrain from 'entering into imy contract br contract ....... awarding Of any federal conb-act, the making of any federal grant, the
modificetinn subjeet to Executive Order, 11246 of September 24~ 1965, . making of any federal loan, the enterlng into of eny cooperative
with a contractor dch ,erred from, or who has not demonstrated
etig~bllity for, government contracts and federally assisted constr~cidon
contracts pursuant to the Executive Order.
(4) To carry out such sanctions and penalti~ for violation of the
equal opportunity clause as may be tmposed upon contractors and
subcontractms by the State, Federal Highway Administration, or the
C ~Se~.tary of Labor pumuant to Part IL subpact D of the Executive
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
agseemenl:, and t~_~ ext~msinn; continuation, renewal, amendment, or
-modification of eny federal contract; grant, loan, or cooperative
· (2) .H. any funds other than federal appwptiated funds have been
paid or will be paid to eny 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 en employee of a
member o( Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete end
submit the Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
! ) Cancel, termulate, or suspend this agreement in who e or in
part;
Co) Refrain from extending eny further assistance to the Agency
tm~er t~e program with respect to which the failure or refilaal occurred
until sahsfactory assurance of futore compliance has been received
from the Agency; and
(c) Refer the case to the Department Of Justice for appropriate
legal proceedings.
Xll. Liquidated Domnges
The Agency hereby agrees that the liquidated damages
provisions of 23 ~ Part 630, Subpart 305, as supplemented, relative
(3) The undersigned shall ;ecluire that the language of this
certification be included in the award documents for all subawards at
all tiers (including subgsants, and contracts end subcontracts under
grants, subgran~, loans, and cooperative agreements) which exceed
$100,000, and that all such subrecipients shall certify and disdnse
accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
~ubmi~slon of ~ c~ttificefion as a prerequisite for making or entering
into this transachon maposed by Section 1352, Titie 31, U.S. Code. Any
p~on 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 140~39