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ORDINANCE NO. 4 7 I 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING FEDERAL ISTEA GRANT FUNDS WITH LOCAL
MATCHING FUNDS AS PROVIDED IN THE LOCAL AGENCY AGREEMENT
BETWEEN THE CITY AND THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION TO PREPARE AND IMPLEMENT A CITY-WIDE BICYCLE
PLAN.
WHEREAS, the City Council of
adopt and approve all appropriations
Chapter 35A.33 RCW; and
THE CITY COUNCIL OF THE CITY OF
ORDAIN AS FOLLOWS:
8eotion 1. Pursuant to Chapter
Council hereby approves the expenditure
the City of Auburn must
by Ordinance pursuant to
AUBURN, WASHINGTON, DO
35A.33 RCW, the City
and appropriation of
Federal ISTEA Grant Funds in the amount of $78,000.00 with
local matching funds of $20,000.00 from the 102 Gas Tax Fund
to prepare and implement a city-wide bicycle plan and
authorizes the Mayor and City Clerk 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.
8ection Z. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Ordinance No. 4714
November 18, 1994
Page 1
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8eotion 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
MAYOR
ATTEST:
Robin Wohlh'ueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
Acting City Attorney
Published:
Ordinance No. 4714
November 18, 1994
Page 2
~ Washingten State
Department of Transl)~tetion
ORIGINAL
Local A dncy Agreement
Agency
Address
City_of Auburn
25 W~st Main Street
Auburn, WA 98001-4998
Project No. C('~' C~O ~,~"
Agreement No. __
For H®adquar~ers WSDOT use on y.
Project Description
Name Bike Plan/Construction Length N/A
Termini City-wide
Description of Work
Prepare City-wide bike plan (multi-modal) plan in conjunction with Transportation
Plan update and revisions. Implement Phase I construction (MS712).
Estimate of Funding
l'~l)e of Work o) (2) (3)
Estimated Total Estimated Estimated
Project Funds Agency Funds Federal Funds
PE ~. A~,~X~ ........ ~.~.:.5..0..0. ........................ ~.~.:.!~.~ ........................ ~,.7.:..~,~.,2. .................
b. Other
c. State se~wices 500 102 398
d. Total PE cost es~mate (a+b+c) 60,000 12,240 47,760
RightofWay e. Agency~rk ..............................................................................................................................
g. State services
h. Total R/W cost estimate (e+f+g)
zo,,~io, I. Co~act ..... ....~.~.:..~.~.~..~....~ ....~.6~...~. .:...~.~.~...z..~..4......~....~
L Other ..............................................................................................................................
m. Total contract co, ts (i+j+k+l) .
Construction Engineering
,,. A~,~cy ..... ~..o...2..~ ......... ~6.t.....~.. .~....~....~
p. State forces
q. Total construction engineering (n+o+p)
r. Total construction cost Estimate (re+q) ~ ~,~ [aY ~ ~/~k.2 ~ ~
s. Totalco~testlmateoftheproject(d+h+r) -94~.-~ &~OO~ t9,'3~ /~Z/'/O 7G,.?,G0 ~7
*Federal participation in construction engineeHn$ (q) i~ timited to 15 percent of the total contracl costa (line m, column 3).
The federal aid participation rate th this project wtil be determthed by the Federal Government. The parties expect that it will be ~9.~ percent; however, It is
project covered by this agreement upon past, current, or f~ture representations as to the federal participation rate. The dollar amount of federal participation cannot
exceed the amount shown in line s, column 3. All c~ta not reLmbursed by the Federal Government shall be the responsibility of the Local Agency.
Construction Method of Financing
[3 Method A -- Advance Payment -- Agency share of total construction ccet 0rased on contract award)
$ at $ per month for months
m Method C -- Agency c~t 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 filnds obligate~ it ac'c~ep~ ts .an~d will comply wittvthe applicable provisions set forth below. Adop~t by official action
/
Agency Offidal CHARLES A--BOO~H , MAYOR
~icha~l~U~.'-Re~olds , Acti:ng city A ttorne~
Provisions
I. ~o~ of
~ n~ to ~ ~e pro~t w~ ~ d~b~
~ ~e S~te a~ for ~d on ~ of ~e Ag~, ~e ~ate
~ ~ d~ ~ .8~t of ~e Ag~ ~d ~ ~ ~e
· e A~ ~d a~ov~ by ~e S~te ~d ~e F~ ~ghway
A~is~a~on.
~ ~e State a~ for ~e Ag~cy ~t ~ not ~b~ to ~e
of ~n~l by ~e A~, ~e ~ sh~ have ~e d~t to ~ ~e
w~k sub~ to ~e o~ ~ of ~e State ~d
II. ~legatlon of A~Hty
~e S~ is ~g ~ ~ ~e r~n~ ~ ~e F~
~t by ~e a~a~on of ~s ~. ~e Ag~cy a~
· at ~e State ~ have ~e ~ au~ty to ~y out ~
d~ ~ f~ f~ ~ ~b~t ~ ~rd~
~o~ as ~u~t~ by ~e A~. ~ ~e ~ Ag~ edv~ ~d
a~ds ~e ~, ~e ~te ~ m~ew ~e work to ~s~e
~o~ty ~ ~e ep~v~ plus ~d ~ons.
[11. P~J~t A~l~tmtlon
~ t~ of w~k ~d ~ ~ ~ pm~d~ by ~e ~te
~ ~s pr~ m ~t~ by ~e Ag~cy md d~ ~ ~e T~
of Work a~v~ ~ ad~on, ~e State ~ ~h q~ ~n~
f~ ~e su~ ~d ~on of ~e ~rk ~ pr~
~s~on ~ ~ ~t~ to ~g ~ ~rk is ~ ~fo~
approv~ p~, ~m~, ~d f~ ~d ~. ~e
~ ~ by ~ate f~ u~n ~e ~ ~ ~ ~d~ ~ ~t
~f. ~ ~ r~t~ m ~s ~o~ ~ by ~piny~ of ~e
S~te ~ ~e ~tommy m~ on ~way pa~o~ ~d v~ sh~l
IV. Availability of
~ ~o~t ~r~ ~ sup~rt of ~ ~ ~ ~d
e~ k~ by ~e A~ ~ to ~ ~ ~ a~r~
~ pr~ ~i~ by ~e ~ion of M~idp~ ~a~ons
of ~e S~te Au~s ~fi~, ~e U.S. ~p~t of Tr~ta~o~
~d ~e W~n State ~t of Tr~sporta~on. ~e r~r~
Washington State Department of Transportation
. Assist a~ t ~e-tary fo~- Local Pr o~ams
Date Executed
shali 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 less than three years from the final
payment of any federal aid funds ~o the Agency. Copie~ of said
~ocords shall be furnished to the State and/or Federal Government
upon request.
V. Compliance with Provisions
The Agency shall not incur any federal aid partidpation c~ts
on any classification of work on this projc, ct tmtil authorized in
writing by the State for each classification. The classifications of work
for projects are:
1. Preliminary engineerlng up in and including approval.
2. Preperation of plans, specifications, and estimates.
3. Right of way acquisition.
4. Project construction.
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 dosing of the tenth fiscal year following the fiscal year
in which the agreement is executed, the Agency will repay to the State
the sum or sums of federal funds paid to the Agency under the terms
of this agx~xnent (stm Section VIII).
The Agency agrees that all stages of construction necessary to
provide the initially planned complete facility within the limits of this
projeet will con form to at least the minimum values set by approved
statewide design standards applicable to this 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 in the project
cost shall be applicable in the event the contractor fails to complete
the contract within the contract time.
¥1. Pmym~nt mhd P~r~im!
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 States Code, as amended, and Office of
Management end Budget drculars A-102 and A-128. The State shall
not be ultimately responsible 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 Government.
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.
1. Preliminary Engineerin& Right of Way Acquisition, and
Audit Coats
The Agency will pay for Agency tocu~ . costs on the project.
Following such payments, vouchers shall be submitted to the State in
the format pres:ribed by the State, in qua:Implicate, not more than
one per month. The Stlte will retmbo~e the Agency up to the
amount shown on the fac~ of this agl-eement for tho~e costs eligible
for federal participation to the extent that such costs are directly
attributable and properly allocable to this project. Ex'penditure~ by the
Local Agency for the establishment, maintenance, general administra-
lion, supervision, and other overhead shall not be eligible for federal
pafllclpalion.
The State will pay for State incurred coats 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 coets are atlributable and properly allocable to this
project. The State shaH bill the Agency for that portion of State costs
which were not reimbursed by the Federal Government (see
Section VIII).
2. Project Construction Costs
Project consti'uction 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 consfructlon cost based
on the contract award. The State will notify the Agency of the exact
amount to be deposited with the State. The State will Pay all costs
incurred under the contract upon presentalion of progress billings
from the contractor. Following such payments, the State will submit a
billing to the Federal Government for the federnl aid PartlelpaHon
share of the co~t. When the project is substantially completed and
Final actual c~ts 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 cleared by
either a payment from the Agency to the State or by a refund from the
State to the Agency.
Method B- The Allency's share of the total construction cost as
shown on the face of this ag~-ment shall be Withheld from its
monthly fuel tax allotments. The face of this agl~ement establishes the
months in which the Withholding shall take place and the exact
amount to be Withheld each month. The extent of Withholding will be
conttrmed by letter from the State at the time of contract award. Upon
~,celpt of progre~ 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 more than
once per month for those costs eligible for Federal pal:ticipation to the
extent that such costs are directly attributable and properly allocable
to this project. Expenditure~ by the Local Agency for the
establishment, maintenance, general administralJon, supe~ztsion, and
other overhead shall not be eligible for Federal par'dcipalion.
The State shah ~mbtn-se the Agency for the Federal share of
eligible project co,ts up to the amount shown on the face of this
agreement. At the lime of audit, the Agency will provide
documentation of ah costs incurred on the project.
The State shall biti the Agency for all costa 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 Section VIII).
VII. A~dlt af F~deml Aid Project
The Agency, if services of a consultant are required, shah be
responsible for audit of the consultant's records to determine eligible
federal aid ccsts on the project. The report of said audit shah be in the
Agency's files and made available to the State and the Federal
Government.
An audit shah be conducted by the WSDOT Internal Audit
Office in accordance with generally accepted governmental auditing
standards as issued by the United States General Accounting Office
by the ComptroUer General of the United States; WSDOT Directive
D27-50, Consultant Authorization, Selection, and Agreement
Administralion; memoranda of understanding between WSDOT and
FHWA; and Office of Management and lludget Circular A-128.
If upon audit it is found that overpayment or parliclpalion of
federal money in ineligible items of cost has occurred, the Agency
shall reimburse the State for the amount of such overpayment or
excess parlicipalion (see '~ 'lion VIII).
VIII. Payment of BIIh,sg
The Agency agrees that if payment or arrangement for payment
of any of the State's billing relative to the pro, ct (e.g.~ State force
work, project cancellalion, over]~aymentt co~t ineligible for federal
parlielpation, etc.) is not made to the State within 45 days after the
Agency has been hilled, the State shah effect reimbursement of the
total sum due from the regular monthly fuel tax al]olillants to the
Agency from the Motor Vehicle Fund. No additional Federal project
funding will be approved unRI full payment is received unless
otherwise directed by the Assistant Secretary for Local Programs.
IX. T~lfflu Ountrol, Signing, Marking. and Roadway
Maintenance
The Agency wi]] not pan:nit any changes to be made in the
provisions for parldng 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
a.ny signs, signals, or mazkings not in conformance with the standards
approved by the Federal Highway Administration and MUTCD. The
Agency wgl, at its own expense, maintain the improvement covered
by this agreement.
X. Indemnity
The Agency shall hold the Federal Government and the State
harmless f~om and shall process end defend at its own expense
claims, demands, or suits, whether at law or equity brought against
the A~ncy, State, or Federal (~ove~'~ment, arising 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 State or
Federal Government in the project, PROVIDED, z~othing herein shall
requh-e the Agency to reimburse the State or the Federal Goventment
for damages arising out of bodgy injury to persons or damage to
property caused by or resulting from the sole negligence of the
Federal Government or the State.
I~o liability shah attach to the State or Federal Government
except as expressly provided herein.
XI. Nondlscrlmlnatlon ProviMon
The Agency hereby agrees that it ~ incorporate or cause to be
incorporated i~to 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 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 PEI~ORMANCE OF THIS CONTRACT, THE
CONTRACTOR AGREES AS FOLLOWS:"
(a) The contractor wi~ not di.~o'imina t e against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor ~ 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 reoultment 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 employmez~t, notices to be
provided by the Agency setting forth the provisions of this
nondiscrin~naiion clause.
(b) The contractor wi]], in sil suilcit a ttol~s or advertisements for
employees placed by or on behalf of the contractor, state that ah
quaked applicants ~ receive consideration for employment
without regard to race, color, religion, sex or nationai origin.
(c) The contractor will send to each labor union or
representative of workers with which he has a collective ba~:gaining
agreement or other contract or understanc~ng, a notice to be provided
by the Agency advising the said lshor unton or workers'
representative of the contractor's commitments under this Section
11-2 and shell post copies of the notice in conspicuous placee avaLlable
to employees and applicnots 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 9ontractor, wtil furnish all information and reports
required by Executive Order I 1246 of S~ptember 24, 1965, and by the
rule6 and regulations and orders of the ~:retary of Labor~ or
pursuant thereto, and will permit aceess to his books, records, and
accounts by the Federal Highway Administration and the Secretary of
Labor for purposes of Inv~sUsatio~ to as~rt~in 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 fur th~ government contracts or federally m~sistc~l
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 Se~etary of Labor, or as oth~wise provided by law.
(g) The con~ractor will include the provisions of this Section
1I-2 in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Se~etary of Labor issued pursuant to
Section 204 of Executive Order ! 1246 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 m the Agency, Washington State Department of
Transportation, or F~ieral Highway Administration may dh-~ct as a
means of enforcing such provisions inducting 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 intere$is of the United States.
The Agency furthe~ agrees that it will be bound by the above
equal opportunity clause with respect to its own employment
practices when it participates in federally assisted construction work:
Provided, that ii the applicant so par tidpating is a State or Local
Government, the above equal opportunity clause is not applicable to
any agency, instrumentality, or subdivision of such government
which do~ not participate in work on or under the contract. The Agency also agrees:
(1) To assist and cooperate actively with the State in obtaining
the compllanc~ 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 ouch information aa it may require for
the supervision of such compliance and that it will otherwise assist
the State in the discharge of its primary responsibility for securing
(3) To refrain from entering into any contract or contract
modification sub'~-t to Exc~:utive Order, 1 !246 of September 24, ! 965,
with a contractor de~ from, or who has not demonstrated
eligibility for, government contracte and federally a.~isted
construction contracts pursuant to the Executive Order.
(4) To carry out suca sanctions and penalties for violation of the
equal opportunity 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 adclilion, the Agency agrees that if it fails or refuses to
comply with these undertakings, the State may take any or all of the
following actions:
(a) Cancel, terminate, or suspend this agr~m~nt 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 cas~ to the Department of Justice for appropriate
legal proceedings.
XII. Liquidated Damages
The Agency hereby agrees that the liquidated damages
provisions of 23 CFR Part 630, Subpaxt 305, as supplemented, relative
to 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 will not relieve the Agency from reduction of federal
participailon in accordance with this paragraph.
XIII. Termination for Public Convenience
The Secretary 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 approprialion 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 preservation of energy resources.
('3) The coni~actor is prevented from proceeding with the work
by reason of a preliminary, special, or permanent restraining order of
a court of competent jtuisdiction 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 for Claims and/or Causea of Action
For the convenience of the parties to this contract, it is agreed
that any claims and/or causes of action wInch 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.
Additional Provisions
DOT Revised 1/94