HomeMy WebLinkAbout4715 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ORDINANCE NO. 4 7 I 5
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 PAVEMENT
MANAGEMENT SYSTEM, INCLUDING G.I.S., RATING AND RECORDING DATA
(PI~SE I).
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:
8eotion 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 $72,902.00 with
local matching funds of $15,000.00 from the 102 Gas Tax Fund
to prepare and implement a city-wide pavement management
system, including G.I.S., rating and recording data (Phase I)
and hereby 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.
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. 4715
November 18, 1994
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
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:
PASSED:
APPROVED:
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
Acting City Attorney
Published:
Ordinance No. 4715
November 18, 1994
Page 2
Department of Transportation
Agenc~
Address
AGENCY
(~ITY (b~ ~?~TqlRN
25 WEST MAIN STREET
AUBURN WA 98001-4998
Local Agency Agreement
Project NO.
Agreement No. LA 2 790
For Hondquarter~ WSDOT u.o only.
Project Description
Name Pavement Management System Length N/A
Tern~ City-wide - MS 708
Description of Work
Plan and implement Pavement Management System, including G.I.S., Rating and
Recording Data (Phase I).
Estimate of Funding
~l)O of Work eL) (2) (~)
c. S~te senqces 419
& Tolal PE co~t ~s~mate (a+b+c) 87,502 14,600 72,902
Right of Way e. A~ency work ..............................................................................................................................
g. State services
h. Total R/fY cost estimate (e+{+g)
L O~her ..............................................................................................................................
m. Total contract co6ts (i+j+k+l)
n. Agency ..............................................................................................................................
q. Total construction engineering tn+o+p)
s. Total co~t estimate of the project (d+h+r) 87,502 14,600 72,902
DOT .e~d ~4 ATTACHMENT
Construction Method of Financing
fl M~,hod A -- Advance Payment -- Asm.~cy share of total construction cest (based on contract award)
~ Method B-- Withhold from gns tax the A~ency's share of total construction cost (line 4, column 2) in the amo~t of
$ at $ per month for months
Local Force ~ Loeml Ad ~nd Award
~ Method C -- Agency cost incurred with parlial reimb~ent
The Local Agency furthe~ sBpulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the
feder~t~n, ds oblig~tad, it ~d wtll comply w~th ~he applicable provisions set forth below. Adopted by offidal action
AsencyOfficial Charles A. Bo~h, Mayor
MJ~/ha~I~'J'd R~dolds, Acting City Attorney
P visions
I. ~o~ .f ~o~
~e Ag~ ~ ~de ~ ~e ~rk, ~r, mat~, ~d
~ n~ to ~ ~e pm~t w~ ~ d~b~ ~d
~ ~ S~te a~ f~ ~d on ~ of ~e Ag~, ~e ~ta
d~ ~d ~t~ ~ ~ of W~ on ~e fa~ of
a~ ~ a~ ~ ~ ~d s~ ~ ~ by
· e A~ ~d a~ by ~e State ~d ~e F~ ~way
A~is~a~on.
~ ~e ~te a~ f~ ~e Ag~ ~t ~ not ~bj~ to ~e
work ~b~ to ~e or~y ~ of ~e S~te ~d F~
~y A~afinn.
II. ~l~ation ~f A~Hty
~e S~te ~ ~g to ~ ~e ~n~bffi~ to ~e F~
~t ~e ~ate ~ ~ve ~e ~ ~ to ~y ~t
a~a~on. ~e S~ta ~ r~ew, pr~s, ~d a~ve
d~ r~ I~ f~ ~d ~b~t ~ ~mrd~ ~th
~ ~. If ~e ~ato adv~ ~d a~ ~e ~n~a~,
a~ ~e ~OJ~, ~e ~te sh~ renew ~e w~k to ~s~
~o~ty ~ ~e a~o~ pl~s ~d ~ons.
III. ~J~t A~l~stmtlon
~ ~ of w~k ~d ~ ~ ~ ~o~d~ by ~e ~te
of W~k a~ve. ~ edison, ~e ~ate ~ ~h qu~
f~ ~e su~ ~d ~on of ~e ~rk ~ ~.
A~ ed~M~ ~d aw~ ~, ~e ~on ~d
~on ~ ~ ~t~ ~ ~g ~ w~k Is ~ ~fo~
a~v~ p~, ~, ~d ~ ~d ~.
~f. ~ ~ r~t~ ~ ~s ~OJ~ ~ by ~ploy~ of
S~te ~ ~e ~tommy m~ on ~way ~o~ ~d vou~ sh~
IV. Availability of R~o~
~ ~o~t ~r~ ~ sup~rt of ~ ~ ~ ~d ac~
e~ k~t by ~e A~ ~e to ~ m~t~ ~ a~r~
~ ~ Pr~b~ by ~ ~v~ion of M~i~p~ ~ra~ons
o~ ~e State ~u~s ~, ~e U.S. ~t of Tr~rta~on,
~d ~e Wmh~g~n State ~ent of Tr~rta~on. ~e r~r~
DOT R~ 1~
Washington State Depar~nent of Transportation
DateExecuted JAN 11 Ig9§
shall be open to inspection by the State and Federal Government at all
reasonable times and shall be retained and made available for such
tnspeclion for a period of not le~.,s than three years from the Final
payment of any federal aid funds to the Agency. Copies of said
records shall be furnished to the State end/or Federal Government
upon request.
V. Compliance with Provlslorm
The Agency shall not incur any feds~al aid participation cosis
on any classification of work on this project until authorized in
writing by the State for each dassilication. The classifications of work
for projects are:
1. Preliminary engineering up to and including approval.
2. Preparation of plans, specifications, and estimates.
3. Right of way acquisitlon.
4. Project consti'uction.
In the event that fight of way acquisition, or actual consl~uclion
of the road, for which preliminary engineering is undertaken is not
started by the closing of the tenth fiscal year following the fiscal year
in which the agreement is executed, the Agency will repay to the State
the stun or strms of federal funds paid to the Agency under the terms
of this agreement (see Section VIII).
The Agency agrees that all stages of construction necessary to
provide the initially planned complete facility within the lirnits of this
project will conform to at least the minimum values set by approved
statewtde 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 const~uclion
projects, the current federal aid regulations which apply to liquidated
damages relalive to the basis of federal participation in the project
cost shall be applicable in the event the conh'actor fails to complete
the contract within the contract tlme.
¥1. P~¥m®nt ~nd P~rtl~l R®lmburs~m~nt
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 to
accord with tho Int~modal Surface Transportation Efficiency Act
1991, Title 23, United States Code, as amended, and Office of
Management and Budget circulars A-102 and A-128. The State shall
not be ulthnately responsible for any of the costs of the project. The
Agency shall be ultimately responsible for all costs assodated 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.
I. Pr~liminany Engin~r~ng, Right of Way Acquisition, and
Audit Costs
The Agency will pay for Agency incurred co,ts on the project.
Following such payments, v~uchers shall be submitted to the State in
the format prescribed by the State, in quadsuplicate, not more then
one l~r month. The State will reimburse the Agency up to the
amount shown on the face of this agreement for those costs eligible
for federal participation to the extent that such costs are directly
attributable m~d prop~'ly ai)ocable to this project. Expenditures by the
Local Agency for the establishment, maintenance, general administra-
tion, sul~rvision, a~nd other overhead ~hati not be eligible for federal
participation.
The State wtil Pay for State incurred co~ts on the project.
Following Payment, the State shall btil the Federal Gov~'tment for
reimbursement of those cesta eligible for federal participation to the
extent that such co,ts a~e attributable and prop~ly allocable to this
project. The State shall btil the Agency for that portion of State costs
which were not reimbursed by the Federal Government (see
Section V]II).
2. Project Construction Costs
Project construction financing will be accomplished by one
of the t~ree methods as indicated tn 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 tetsl conslrtlc~ol~ cost based
on the contsact awarcL The State will notify the Agency of the exact
amount to ~e deposited with the State. The State will pay all ~ts
thcur~d unde~ the contract upon pre~tsflon of progre~ btilin gs
from the contractor. Following such payments, the State will submit a
billing to the Federal Govenunem for the federal ~id Par~cipafinn
share of the c~t. Whe~ the praject ts substantially completed and
final actual costs of the project can be determined, the State will
prezent the Agency with a final billing showing the amount due the
Stste or the amount due the Agency. This bill~ng will be cieared by
e~ther a payment from the Agency to the State or by a refund from the
State to the Agency.
Method B- Tbe A$~ncy's share of the total cons~uction coet
shown on the face of this agreement shall be withheld from its
monthly fuel tax allo~nents. The face of this agreement e~tablishez the
months in which the withholding shall take pisce and the exact
amount to be withheld each month. The extent of wititholdtng wiif be
confirmed by letter from the State at the time of contxact award. Upon
receipt of progre~ bill~gs from the contractor, the State will submit
such billings to the Federal Government for payment of its
participating potion of such billings. .
Method C- The Agency may submit vouchers to the State in
the format pre~xibed by the State, in quadruplicate, not more than
once per month for tha~e co,ts eligible for Federal participation to the
extent that such costs ~ di~ectiy at~ibutable and properly allocable
to this project. Expenditures by the Local Agency for the
~talilisbment, maintenance, general administration, supervision, and
other overhead shall not be eBgible for Federal Paxticipation.
The State shall reimburse the Agency for the Federal share of
eligible project co~ts up to the amount show~ on the face'of this
agreement. At the time of audit, the Agency will provide
documentation of all co~ts incurred on the project.
The Stste shall bill the Agency for all costs incurred by the State
relative to the project. The State shall also bill the Agency for the
federel funds paid by the State to the Agency for project costs which
are subseque~tiy determined to be ineligible for federal participation
(see Section VII1).
VII. Amtit of F~d~ml Aid Project
The Agency, if services of a consultant are requh-ed, shall be
resl~onsible for audit of the consultant's records to determine eligible
federal aid costs on the project. The report of said audit shall be in the
Agency's fries and made available to the State and the Federal
Government.
An audit shall be conducted by the WSDOT Internal Audit
Office in accordance with generally accepted governmental audi~ng
standards as issued by the United State~ General Accounting Office
by the Comptroller General of the United Stetez; WSDOT Direchve
D27-50, Consultant Authorization, Selection, and Agreement
Administration; memoranda of understanding between WSDOT and
FI~VA; end Office of Management and Budget Circular A-128.
If upon audit it is found that overpayment or participation of
federal money in ineligible items of co~t hzz occurred, the Agency
DOT
shall reimburse the State for the amount of such overpayment or
excess participation (see Section VIII).
VIII. Payment of Billing
The Agency agrees that ff payment or arrangement for payment
of any of the State's btilthg relative to the project (e.g., State force
work, project cancellation, overpayment, cost ineligible for federal
participation, etc.) is not made to the State within 45 days alter the
Agency has been billed, the State shall effect reimbursement of the
total sum due from the ~mlar monthly fuel tax allotments to the
Agency from the Motor Vehicle Fund. No additional Federal project
funding wiB be approved until full payment is received unless
otherwise directed by the Assistant Seo'etary for Local Programs.
IX. Traffla Oontrol, Signing, Marking, end Roadway
Malnt®nano®
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 end Federal Highway
Administration. The Agency will not install or permit to be installed
any signs, signals, or markings not in conformance with the standards
approved by the Federal Highway Administration and MUTCD. The
Agsncy 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 expense all
claims, demaiads, or suits, whether at law or equity brought against
the Agency, State, or Federal Government, arising from the Agency's
execution, performance, or failure to 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, 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.
XI. Nondiscrimination Provl*lon
The Agency hereby agrees that it vail incorporate or cause to be
incorporated into any contract for cons~zuction work, or modification
thereof, as defined in the rules and regulations of the ~ecretary 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
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 bmarantee,
the foUowtng equal opportunity clause:
"DURING THE PERFORMANCE OF THIS CONTRACT, THE
CONTRACTOR AGREES AS FOLLOWS:"
(a) The contractor will not discriminate against any employee or
apptica~t 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 orion. Such action shall include, but not b~ limited to, the
foUowing: employment, upgrading, demotion or transfer; recruitment
or recruitment advertising; layoffs or termination; rates of pay or
other forms of compensation, and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the Agency setting forth the provisions of this
nondiscrimination danse.
0)) The contractor will, in all solicitations or advertisements for
e~ployees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
(c) The contractor will send to each labor union or
representalive of workers with which he has a collective bargaining
agreement 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 contr'actor wi~ comply wiLh all provisions of Executive
Order 11246 of September 24, 1965, and of the rules, regulations, and
(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
La,or for purposes of inves~ation to ascertain compliance with such
rules, regulations, and orders.
(0 In the event of the contractor's noncompliance with the
nondiscrimination da~ of this contract or with any of such rules,
regulations or orders, this contraci may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further govenunent contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regniation,
or order of the Secretary of Labor, or as otherwise provided by law.
(g) The contractor will include the provisions of this Secrion
11-2 in every subcontzact 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 m the Agency, Washing, ion State Depat~trnen t bf
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 fuzther 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 if the applicant so par ticipatmg is a State or Local
Government, the above equal opportunity clause is not applicable to
any agency, insizumentality, or subdivision of such government
which does 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 mmpliance of contractors and subcontractors with the equal
opportunity clause and rules, regulations, and relevant orders of the
Seo'etary of Labor.
(2) To furnish the State such information as it may require for
the supervision of such compliance and that it will otherwise assist
the Stats in the ciischarge of its primary responsibility for securing
compliance.
..,(.3) .To refr .a~n from ente..~g into any contract or contract
moamcation subject to Executive Order, 11246 of September 24, 1965,
eligibility for, government contracts and federally assisted
(4) To carry out such 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 addition, the Agency agrees that if it fails or refuses to
comply with these undezt akings, the State may take any or all of the
following actions:
(a) Cancel, terminate, or suspend this agreement in whole or in
part;
Co) Refrain from extending any further assistance to the Agency
under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been
received from the Agency; end
(c) Refer the case 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, Subpar t 305, as supplemented, relative
participation in accordance with this paragraph.
The Secretary of the Washington State Department of
(1) The requisite federal funding becomes unavailable through
to the preservation of energy resources.
(3) The contractor is prevented from proceeding with the work
XIV. Venue for Claims and/or Causes of Action
For the convenience of the parties to this contract, it is agreed
project with which it is concerned, shall be brought only in the
Additional Provisions
14(~es9
DOTR~sedl~J4