HomeMy WebLinkAbout5366 ORDINANCE NO. 5 3 6 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING FEDERAL TEA-21
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 CONSTRUCTION OF A SIGNAL
AT THE INTERSECTION OF 'A' STREET SW AND 2up STREET
SW.
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 TEA-21 Funds in the
amount of $200,000 with local matching funds of $37,000 from the 102 Gas
Tax Fund for construction of a traffic signal at the intersection of 'A' Street SW
and 2"a Street SW. The Mayor and City Clerk are hereby authorized to execute
the Local Agency Agreement in the amount of $25,378 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. The Mayor and City Clerk are also authorized to approve and
execute any future supplemental agreements thereto required for obligation of
the remainder of the $200,000 and completion of phases of the project,
including but not limited to design, right-of-way, and construction.
Ordinance No. 5366
03/22/00
Page 1
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. This ordinance shall take effect and be in force five (5) days
from and after its passage, approval, and publication, as provided by law.
INTRODUCED: APRIL 3, 2000
PASSED: APRIL 3, 2000
APPROVED: APRIL 3, 2000
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk .
A RO~~M:
Michael J. Reynolds,
City Attorney
PUBLISHED:
Ordinance No. 5366
03/22/00
Page 2
was,i.gto. s,;,. Local Agency Agreement
Department of Transportation 'fG.
Agency City of Auburn ~4't~'Q,~, CFDA No. 20.205
Address 25 W Main Street ~ Project No. A L- ~ ~L- I ~ G~ Qoo~ .....
Aub=, WA 98001 Agreement .o. ~ 44 7 0 ...........
For OSC WSDOT Use 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, A-87 and A-133, (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 o, column 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.
Project Description
Name 'A' Street SW Length N/A
Termini 2nd Street SW
Description of Work
Install a traffic signal at the intersection of 'A' Street SW and 2nd Street SW at the exit for a regional multimodal
transit center.
Estimate of Funding
Type of Work (1) (2) (3)
Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a. Agency 9,500.00 1,466.00 8,034.00
.~,,~/4,69 % b. Other Consultants 20,000.00 3,087.00
Federal Aid '500.00 777.00 423.00
Participation c. State
Ratio for PE d. Total PE Cost Estimate (a+b+c) 30,000.00 '~4,630.00
Right of Way e. Agency ;
% f. Other
Federal Aid
Participation g. State _._
Ratio for RW h. Total PJW Cost Estimate (e+f+g)
Construction i. Contract
j. Other
k. Other
% I. Agency
Federal Aid
m. State
Participation
Ratio for CN n. Total CN Cost Estimate (i+j+k+l+m)
o. Total Project Cost Estimate (d+h+n) 30,000.00 4,630.00 25,370.00
By ~ ~ C 'J _ , .
' _ .... By ., 'zs' "
Title .Mayor Assistant Secretary for Highways and Local Programs
DOT ~on~ ~4o~a~ EVE~b~: .~,, O~_a~c.e
Revised 12/99 · 1
Construction Method of Financing (Check Method Selected)
State Ad and Award
El Method A - Advance Payment - Agency Share of total construction cost (based on contract award)
rn Method B - Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of
$ at $ per month for months.
Local Force or Local Ad and Award
[] Method C - Agency cost incurred with partial 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 action on
April 3 , 2000 , Resolution/Ordinance No. Ord. 5366
Provisions
I. Scope of Work I. Prelimina~ engineering.
The Agency shall provide all the work, labor, materials, end services 2. Right of~vay acquisition.
necessary m perform the project which is described and set forth in detail in the 3. Project construction.
"Project Description" and "Type of Work." In the event that fight of way acquisition, or actual construction of the road, for
When the State acts for and on behalf of the Agency, the State shall be which preliminary engineering is undertaken is not started by the closing of the
deemed an agent of the Agency and shall perform the services described and tenth fiscal year following the fiscal year in which the agreement is executed, the
indicated in "Type of Work" on the face of this agreement, in accordance with Agency will repay to the State the sum or sums of federal funds paid to the Agency
plans and specifications as proposed by the Agency and approved by the State under the terms of this agreement (see Section 1X).
and the Federal Highway Administration.
The Agency agrees that all stages of construction necessary to provide the
When the State acts for the Agency but is not subject to the right of control by initially planned complete facility within the limits ofthis project will conform to at
the Agency, the State shall have the right to perform the work subject to the least the minimum values set by approved statewide design standards applicable to
ordinary procedures of the State and Federal Highway Administration. this class of highways, even though such additional work is financed without federal
II. Delegation of Authority aid paaicipation.
The State is willing to fulfill the responsibilities to the Federal Government by The Agency agrees that on federal aid highway construction projects, the current
the administration of this project. The Agency agrees that the State shall have the federal aid regulations which apply to liquidated damages relative to the basis of
full authority to carry out this administration. The State shall review, process, federal participation in the project cost shall be applicable in the event the contractor
and approve documents required for federal aid reimbursement in accordance fails to complete the contract within the contract time.
with fedel requirements. If the State advertises and awards the conuact, the
Vl. Payment and Partial Reimbursement
State will further act for the Agency in all matters concerning the project as
requested by the Agency. lfthe Locai Agency advertises and awards the project, The total cost ofthe project, including all review and engineefing costs and
the State shall review the work to ensure conformity with the approved plans and other expenses of the State, is to be paid by the Agency and by the Federal
specifications. Government. Federal funding shall be in accordance with the Transportation
Equity Act for the 2 1 st Century (TEA 2 1 ), as amended, and Office of
III. Project Administration Management and Budget circulars A-102, A-87 and A-133. The State shall not
Certain types of work and services shall be provided by the State on this be ultimately responsible for any of the costs of the project. The Agency shall
project as requested by the Agency and described in the Type of Work above. In be ultimately responsible for all costs associated with the project which are not
addition, the State will furnish qualified personnel for the supervision and reimbursed by the Federal Government. Nothing in this agreement shall be
inspection of the work in progress. On Local Agency advertised and awarded construed as a promise by the State as to the amount or nature of federal
projects, the supervision and inspection shall be limited to ensuring all work is in participation in this project.
ennformance with approved plans, specifications, and federal aid requirements. 1. Preliminary Engineering, Right of Way Acquisition, and Audit Costs
The salary of such engineer or other supervisor and all other salaries and costs
incurred by State forces upon the project will be considered a cost thereof. All The Agency will pay for Agency incurred costs on the project. Following such
costs related to this project incurred by employees of the State in the customary payments, vouchen shall be submitted to the State in the format prescribed by the
manner on highway payrolls and vouchen shall be charged as costs of the State, in duplicate, not more than once per month. The State will reimburse the
Agency up to the amount shown on the face of this agreement for those costs
project. eligible for federal participation to the extent that such costs are directly attributable
IV. Availability of Records and properly allocable to this project. Expenditures by the Local Agency for
maintenance, general administration, supervision, and other overhead shall not be
All project records in support of all costs incurred and actual expenditures eligible for federal participation unless an indirect cost plan has been approved by
kept by the Agency are to be maintained in accordance with local government WSDOT.
accounting procedures prescribed by the Washington State Auditor's Office,
the U.S. Department of Transportation, and the Washington State Department The State will pay for State incurred costs on the project. Following
of Transportation. The records shall be open to inspection by the State and payment, the State shall bill the Federal Government for reimbursement of
Federal Government at all reasonable times and shall be retained and made those costs eligible for federal participation to the extent that such costs are
available for such inspection for a period of not less than three years from the attributable and properly allocable to this project. The State shall bill the
final payment of any federal aid funds to the Agency. Copies of said records Agency for that portion of State costs which were not reimbursed by the
shall be furnished to the State and/or Federal Government upon request. Federal Government (see Section IX).
2. Project Construction Costs
V. Compliance with Provisions Project construction financing will be accomplished by one of the three
The Agency shall not incur any federal aid participation costs on any methods as indicated in this agreement.
classification of work on this project until authorized in writing by the State
for each classification. The classifications of work for projects are:
DOT Form 140-039 EF 2
Revised 12/99
Method A - The Agency will place with the State, within (20) days after the X. Traffic Control, Signing, Marking, and Roadway
execution of the construction contract, an advance in the amount of the Maintenance
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 Agency will not permit any changes to be made in the provisions for parking
The State will pay all costs incurred under the contract upon presentation of regulations and traffic control on this project without prior approval of the
State and
profess billings from the contractor. Following such payments, the State will Federal Highway Administration. The Agency will not install or permit to be
submit a billing to the Federal Govermnent for the federal aid participation installed any signs, signals, or markings not in conformance with the standards
share of the cost. When the project is substantially completed and final actual approved by the Federal Highway Administration and MUTCD. The Agency will,
costs of the project can be determined, the State will present the Agency with a at its own expense, maintain the improvement covered by this agreement.
f'ma] 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 Xl. Indemnity
by a refund from the State to the Agency. The Agency shall hold the Federal Government and the State harmless from and
shah process and defend at its own expense all claims, demands, or suits, whether
Method B - The Agency's share of the total construction cost as shown on at law or equity brought against the Agency, State, or Federal Government,
arising
the face of this agreement shall be withheld from its monthly fuel tax from the Ageney's execution, performance, or failure to perform any of the
allotments. The face of this agreement establishes the months in which the provisions of this agreement, or of any other agreement or contract connected
with
withholding shall take place and the exact amount to be withheld each month. this agreement, or arising by reason of the participation of the State or Federal
The extent of withholding will be confirmed by letter from the State at the time Government in the project, PROVIDED, nothing herein shall require the Agency
to
of contract award. Upon receipt of progress billings from the contractor, the reimburse the State or the Federal Government for damages arising out of bodily
State will submit such billings to the Federal Government for payment of its injury to persons or damage to property caused by or resulting from the sole
participating portion of such billings. negligence of the Federal Govemment or the State.
No liability shall attach to the State or Federal Government except as expressly
Method C - The Agency may submit vouchers to the State in the format provided herein.
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 are directly Xll. Nondiscrimination Provision
attributable and properly allocable to this project. Expenditures by the Local The Agency hereby agrees that it will incorporate or cause to be incorporated
Agency for maintenance, general administration, supervision, and other into any contract for construction work, or modification thereef, as defined
in the
overhead shall not be eligible for Federal participation unless claimed under a rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which
is paid
previously approved indirect cost plan. for in whole or in part with funds obtained from the Federal Government or
The State shall reimburse the Agency for.the Federal share of eligible borrowed on the credit of the Federal Government pursuant to a grant, contract,
project costs up to the amount shown on the face of this agreement. At the time loan, insurance, or guarantee or understanding pursuant to any federal program
of audit, the Agency will provide documentation of all costs incurred on the involving Such grant, contract, loan, insurance, or guarantee, the required
contract
provisions for Federal-Aid Contracts (FHWA 1273), located in Chapter 44 of
the
project. Local Agency Guidelines.
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 Agency further agrees that it will be bound by the above equal opportunity
the State to the Agency for project costs which are subsequently determined to clause with respect to its own employment practices when it participates in
be ineligible for federal participation (see Section lX). fedemlly assisted construction work: Provided, that if the applicant so participating
is a State or Local Government, the above equal opportunity clause is not
VII. Audit of Federal Consultant Contracts applicable to any agency, instrumentality, or subdivision of such government
which
The Agency, if services of a consultant are required, shall be responsible for does not participate in work on or under the contract.
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 The Agency also agrees:
available to the State and the Federal Government. (1) To assist and cooperate actively with the State in obtaining the compliance
of
contractors and subcontractors with the equal opportunity clause and rules,
An audit shall be conducted by the WSD OT Internal Audit Office in regulations, and relevant orders of the Secretary of Labor.
accordance with generally accepted governmental auditing standards as
issued by the United States General Accounting Office by the Comptroller (2) To furnish the State such information as it may require for the supervision
of
General of the United States; WSDOT Manual M 27-50, Consultant such compliance and that it will otherwise assist the State in the discharge
of its
Authorization, Selection, and Agreement Administration; memoranda of primary responsibility for securing compliance.
understanding between WSDOT and FHWA; and Office of Management (3) To refrain from entering into any contract or contract modification subject
to
and Budget Circular A-133. Executive Order 11246 of September 24, 1965, with a contractor debarred from,
or
If upon audit it is found that overpayment or participation of federal who has not demonstrated eligibility for, government conlracts and federally
money in ineligible items of cost has occurred, the Agency shall reimburse assisted construction contracts pursuant to the Executive Order.
the State for the amount of such overpayment or excess participation (see (4) To carry out such sanctions and penalties for violation of the equal
Section IX). opportunity clause as may be imposed upon contractors and subcontractors by
the
VIII. Single Audit Act State, Federal Highway Administration, or the Secretary of Labor pursuant
to Part
I1, subpart D of the Executive Order.
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 In addition, the Agency agrees that if it fails or refuses to comply with
these
applicable federal and state statutes and regulations. A subrecipient who undertakings, the State may take any or all of the following actions:
expends $300,000 or more in federal awards from all sources during a given (a) Cancel, terminate, or suspend this agreement in whole or in part;
fiscal year shall have a single or program-specific audit performed for that
year in accordance with the provisions of OMB Circular A-133. Upon (b) Refrain from extending any further assistance to the Agency under the
conclusion of the A-133 audit, the Agency shall be responsible for ensuring program with respect to which the failure or refusal occurred until satisfactory
that a copy of the report is transmitted promptly to the State. assurance of future compliance has been received from the Agency; and
IX. Payment of Billing (c) Refer the case to the Department of Justice for appropriate legal proceedings.
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 XIII. Liquidated Damages
made to the State within 45 days after the Agency has been billed, the State The Agency hereby agrees that the liquidated damages provisions of 23 CFR
shall effect reimbursement of the total sum due from the regular monthly fuel Part 630, Subpart 305, as supplemented, relative to the amount of Federal
tax allotments to the Agency from the Motor Vehicle Fund. No additional participation in the project cost, shall be applicable in the event the contractor
Federal project funding will be approved until full payment is received unless fails to complete the contract within the contract time. Failure to include
otherwise directed the the Assistant Secretary for Highways and Local liquidated damages provision will not relieve the Agency from reduction of
Programs. federal participation in accordance with this paragraph.
DOT Form 140-039 EF 3
Revised 12/99
XVI. Certification Regarding the Restrictions of the Use
XIV. Termination for Public Convenience of Federal Funds for Lobbying
The Secretary of the Washington State Department of Transportation may The approving authority certifies, to the best of his or her knowledge and belief,
terminate the contract in whole, or from time to time in part, whenever: that:
(l) The requisite federal funding becomes unavailable through failure of
appropriation or otherwise. (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
(2) The contractor is prevented from proceeding with the work as a direct an officer or employec of any federal agency, a m~rnber of Congress, an officer
or
result of an Executive Order of the President with respect to the prosecution of employee of Congress, or an employee of a member of Congress in connection
war or in the interest of national defense, or an Executive Order of the with the awarding of any federal contract, the making of any federal grant,
the
President or Governor of the State with respect to the preservation of energy making of any federal loan, the entering into of any cooperative agreement,
and the
resources. extension, continuation, renewal, amendment, or modification of any federal
(3) The contractor is prevented from proceeding with the work by reason of contract, grant, loan, or cooperative agreement.
a preliminary, special, or permanent restraining order of a court of competent (2) if any funds other than federal appropriated funds have been paid or will
be
jurisdiction where the issuance of such order is primarily caused by the acts or paid to any person for influencing or attempting to influence an officer or
omissions of persons or agencies other than the contractor. 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 this federal
(4) The Secretary determines that such termination is in the best interests of contract, grant; loan, or cooperative agreement, the undersigned shall complete
and
submit the Standard Form - LLL, "Disclosure Form to Report Lobbying," in
the State. accordance with its instructions.
XV. Venue for Claims and/or Causes of Action (3) The undersigned shall require that the language of this certification be
For the convenience of the parties to this contract, it is agreed that any included in the award documents for all subawards at all tiers (including subgrants,
claims and/or causes of action which the Local Agency has against the State of and contracts and subcontracts under grants, subgrants, loans, and cooperative
Washington, growing out of this contract or the project with which it is agreements) which exceed $100,000, and that all such subrecipients shall certify
concerned, shall be brought only in the Superior Court for Thurston County. and disclose accordingly.
This certification is a material representation of fact upon which reliance
was
placed when this transaction was made or entered into. Submission of this
certification as a prerequisite for making or entering into this transaction
imposed
by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $ l 0,000
and not
more than $]00,000 for each such failure.
Additional Provisions
DOT Form 140-039 EF
Revised 12/99 4