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ORDINANCE NO. 4 8 $ 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING FEDERAL ISTEA-STP GRJtNT FUNDS WITH LOCAL
MATCHING FUNDS AS PROVIDED IN THE LOCAL AGENCY AGREEMENT
BETWEEN THE CITY AND THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION FOR THE SR 18 WESTBOUND RAMP/'~C" STREET SW
PROJECT.
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-STP Grant Funds in the amount of $800,000 with
project matching funds, including previously accepted TIA
funds of $1,560,300 and developer contributed funds of
$200,000 for the SR 18 westbound ramp/"C" Street SW project
for completing property acquisition and design activities.
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
Ordinance NO. 4856
April 8, 1996
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copy of which is attached hereto
incorporated herein by reference.
are also authorized to approve
supplemental agreements thereto
phases of the project including
right-of-way, and construction.
as Exhibit .A. and is
The Mayor and City Clerk
and execute any future
required for completion of
but not limited to design,
~ 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:
PASSED:
APPROVED:
MAYOR
Ordinance No. 4856
April 8, 1996
Page 2
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael ~.R~eynolds,
City Attorney
Ordinance NO. 4856
April 8, 1996
Page 3
st.,. I A g y A g
Department of Tranlport oca eno reement
'Agency CITY OF AUBURN ~~ Project #o. P- STPUL-T~?~ (~7~
/ Addrelt 25 West Main Street Agree.e.t No. ~ ~ ~9 ~'
Aubu~. WA 98001 4998 For Headqua~e~ WS~T Ull ~ly.
~e ~al Agen~ ~vmg compli~, or he,by a~g to comply, wi~ ~e te~ and conditio~ ~t ~h ~ (1) Title ~, U.S. C~e Hi,ways, (2)
the m~lafio~ ~u~ pu~uant ~e~to, (3) Office of ~agement ~d Budget Cir~tam A-102 ~d A-128, (4) ~e poli~ and p~ur~
pmm~gat~ by the Was~n~on Sta~ ~par~ent of Tr~po~ation, and (5) ~e f~eral aid p~j~t a~ment enter~ mto be~n ~e State ~d
F~eral Gove~ent, ~lative to ~e above p~j~t, the Was~on State Depa~ent of Transpo~on ~11 au~o~e ~e L~al Ag~ to
proc~ on ~e p~e~ by a separate noOn,on. P~eral ~ds whi~ a~ to be obligat~ for ~e p~j~t may not ex~ the ~o~t shown hereto
on line s, col~ 3, wi~out w~t~n autho~w by the State, subj~ to ~e app~vai of the F~eral Highway Admires,ration. All p~je~ costs not
~imbu~ by ~e F~e~l Gove~ent s~H be ~e ~po~ibfli~ of ~e L~al Agent.
Name ~R ~8 W~a~ound On-~amo/"C" S~=e~ Emu. Len~ 0.2
Description ~ Wo~
"C" St..
The intersection of the two will be widened for turn lanes and signalized. This
phase of the project includes design and right-of-way property acquisition.
Estimate of Funding
Type of Work t,i ~ ot
EsfimatedTotal Estimated Estimated
Project Funds AgencyFunds Federal Funds
PE a. Agency work 77t 000 77,000 -
b.
Other
.......... .~ .,..~.~.~. ......................... ~.C:/.E.o. ........... -
c. State services 50 ~ 000 50,000 -
d. Total PE cost estimate (a+b+c) 394,700 394,700 -
RightofWay e. Agency work 2,1~.~ t 600 1 t 364 ~ 340' 799 t 260
f. Other
g. State services 2 ~ 000 1,260 740
h.
Total
R/W
COSt
(e+f+g) 2,165 ~ 600 1 t 365 t 600 800. 000
Constnlc~on i. Contrac~
j. Other
k. Other
1. Other
m. Total contract costs (i+j+k+l)
Cons~ Engineering
n. Agency
o. Other
p. State forces
q. Total construction engin~ehng (n+o+p)
r. Total construction cost Est/mate (m+q)
s. Totalcostestimateoftheproject (d+h+r) 2,560,300 1,760,300 800,000
participation in construction engineering (q) is limited to 15 percent of the total contract costs (line m, column 3).
The federal aid participation rate in this project will be determined by the Federal Government. The part es expect that it will be 31.2
percent; however, it m understood that the ra e may vary, The Local Agency agrees that this agreement is entered into without relyin~on any
representation by the state made outs de of h s contract, or con a ned herein, as to what the federal participation rate will be It further a tees
that it will not condition any future actions with resnect to the ~roiect covered bv th s a~reem--,
to the federal participation rate. The do ar amount of federal ~articipation cannot exceed the amount s~own in llne s, column 3. All costs not
reimbursed by the Federal Government shall be the responsibditv ot the Local Agency,.
(2onstruct;on Method of Financing
Stale Ad and Award
~] Method A -- Advance Payment -- Agency share of intal construction cost (based on contract award)
CI 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 ~t~'t'/ ,/~'"' ,19q'(~2 ,Resolution/OrdinanceNo. q~'~ .
Agency Official
Pr~$n~' eyno s, City Attorney
I. Scope of Work
The Agency shall provide all the work, labor, materials, and
services necessary to perform the project which is described and set
furth in detail in the "Project Description" and "Type of Work."
When the State acts for and on behalf of the Agency, the State
shall be deemed an agent of the Agency and shall perform the services
described and indicated in "Type of Work" on the face of this
agreement, in accordance with plans and specifications as proposed by
the Agency and approved by the State and the Federal Highway
Administration.
W'hen the State acts for the Agency but is not subject to the right
of control by the Agency, the State shall have the right to perform the
work subject to the ordinary procedures of the State and Federal
Highway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal
Government by the administration of this project. The Agency agrees
that the State shall have the full authority to carry out this
administration. The State shall review, process, and approve
documents required for federal aid reimbursement in accordance with
federal requirements. If the State advertises and awards the contract,
the ~tato will further act for the Agency in all matters concerning the
prelect as ,~-°Cluested by the Agency. If the Local Agency advertises and
awards the project, the State shall review the work to ensure
conformity with the approved plans and specifications.
IlL Project AdminiBtration
Certain types of work and services shall be provided by the State
on this project as requested by the Agency and described in the Type
of Work above. In addition, the State will furnish qualified personnel
for the supervision and inspection of the work in progress. On Local
~gency advertised and awarded projects, the supervision and
mspection shall be limited to ensuring all work is in conformance with
approved plans, specifications, and federal aid requirements. 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 costs related to this project incurred by employees of the
State in the customary manner on highway payrolls and vouchers shall
be charged as costs of the project.
IV. Availability of Records
All project records in support of all costs incurred and actual
expe, nditures kept by the Agency are to be maintained in accordance
with procedures prescribed by the Division of Municipal Corporations
of the State Auditor's Office, the U.S. Department of Transportation,
and the Washington State Department of Transportation. The records
shall be open to inspection by the State and Federal Government at all
reasonable times and shall be retained and made available for such
inspection for a period of not less than three years from the
Washington State Department of Transportation
JUL 3 1996
Date Executed
payment of any federal aid funds to the Agency· Copies of said
records shall be furnished to the State and/or Federal Government
upon request.
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs
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 to and including approval.
2. Preparation o f plans, specifications, and estimates.
3. Right o f 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 closing 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 agreement (see Section V2JI).
The Agency agrees that all stages of construction necessary to
provide the initially planned complete facility within the limits of this
project will conform 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
partidpation.
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.
VI. Payment and Partial Reimbursement
· 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 and Budget circulars 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.
L Preliminary Engineering, Right o f Way Acqulsition, and
AuditCost~
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, to quadpaplicate, not more than
one per month. The State will reimburse the Agency up to the
amount shown on the face of this agreement for those costs eligible for
ft~deral participation to the extent that such costs are di~ctly attribut-
able and properly allocable to this project. Expenditures by the Local
Agenc3~ f~r the establishment, maintenance, general administration,
supervts~on, and other overhead shall not be eligible for 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 par~cipation to the
extent that such costs are attributable and properly allocable to this
project. The State shall bill the Agency for that portion of State costs
wfuch were not reimbursed by the Federal Government (see
Section VII0.
Project Construction Costs
Project construction 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 construction 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 presentation of progress billings
from the contractor. Fogowing such payments, the State wig submit a
billing to the Federal Government for the federal aid participation
share of the cost. When the project is substantially completed and final
actual costs 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 dea~=d by either a
payment from the Agency to the State or by a refund from the State to
the Agency.
Method B - The Agency's share of the total construction cost as
shown on the face of this agreement shall be withheld from its monthly
fuel tax allotments. The face of this agreement 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 confirmed by
letter from the State at the thne of contract award. Upon receipt of
progress billings from the contractor, the State will submit such
billings to the Federal Government for payment of its participating
portion of such billing~.
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 participation to the extent
that such costs are directly attributable 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 for Federal participation.
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
documentation of all costs incurred on the project.
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 State to the Agency for project costs which
are subsequently determined to be ineligible for federal participation
(see Section VIII).
VII. Audit of Federal Aid Project
The Agency, if services of a consultant are required, shall be
responsible for audit of the consuitant'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 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 auditing
standards as issued by the United States General Accounting Office by
the Comptroller General of the United States; WSDOT Directive
D27-50, Consultant Authorization, Selection, and Agreement
Administration; memoranda of understanding between WSDOT and
FHWA; and 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 cost has occurred, the Agency shall
reimburse the State for the amount of such overpayment or excess
participation (see Section VIII).
VIII. Payment of Billing
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 made to the State within 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 Roadway
Maintenance
The Agency will not permit any changes to be made in the
provisions for parking r~gulafions and traffic control on this project
without prior approval of the State and Federal Highway
Adm!nistration. The Agency will not install or permit to be installed
any s~gns, 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 expense all
claims, demands, or suits, whether at law or equity brought against
the Agency, State, or Federal Govermnent, 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 reLmburse the State or the Federal Govermnent
for damages arising out of bodily injury to persons or damage to
property caused by or resulting trom the sole negligence of the
Federal Government or the State.
No liability shall attach to the State or Federal Government
except as exp~sly provided herein.
XI. Nondiscriminution Provision
The Agency hereby agrees that it will incorporate or cause to be
incorporated into any contract for construction work, or modification
thereof, as defined in the rules and regulations of the Secretary of
Labor at 41 CFR Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Government or borrowed on the
5:redit of the Federal Government pursuant to a grant, contract, loan,
insurance, or guarantee or understanding pursuant to any federal
program involving such grant, contract, loan, insurance, or guarantee,
the following equal opportunity clause:
"DURING THE PERFORMANCE OF THIS CONTRACT, THE
CONTRACTOR AGREES AS 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 bo limited to, the
following: 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 clause.
(b) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
(c) The contractor will send to each labor union or
representative 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 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.
Je) 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 I~ooks, records, and
accounts by the Federal Highway Administration and the Secretary of
Labo~: for purposes of investigation-to ~scertain compliance w th such
roles, regulations, and orders.
· (0 In the'event of the contrac~r's noncompliance with the
nondiscrimination ~:lauses of this con,'act 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 and remedies invoked as provided in ExecuQve Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(g) The contractor will include the provisions of this Section 11-2
in every subcontract or purchase order 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 agrees that it will be bound by the above
equal oppommity clause with respect to ils 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,
instrumentality, or subdivision of such government which does not
participate in work on or under the contract. The Agency al~o agrees:
(1) TO assist and cooperate actively with the State in obtaining
the compliance 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 such information as 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
compliance.
(3) To reh'ain from entering into arty contract or contract
modification subject to Executive Order, 11246 of September 24, 1965,
with a contractor debarred from, or who has not demonstrated
eligibility for, government contracts and federally assisted construction
contracts puwuant to the Executive Order.
(4) To carry out such sanctions and penalties for violation of the
equal opportunity clause as may be hnposed upon contractors and
subcontractors by the State, Federal Highway Administration, or the
Secretary of Labor pursuant to Pact Il, subpart D of the Executive
Order.
In addition, the Agency ag~es 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 ag~ement in whole or in
part;
(b) 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 case to the Department of Justice for appropriate
legal proceedings.
The Agency hereby agrees that the liquidated damages
provisions of 23 CFR Part 630, Subpart 305, as supplemented, relative
to the amount of Federal participation in the project cost, shall be
applicable ha 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
participation in accordance with this paragraph.
Xlll. T®mlinatlml 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 f~deral 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 defeme, or an
Executive Order of the President or Governor of the State with respect
(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.
XlV. Venue f~ Cl,lms and/or Csuses of Action
For the convente~ce of the parties to this contract, it is
that any claims and/or causes of action which the Local Agency has
agaimt 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 Coonty.
XV. Ce~tificatlm~ Reg,~ml~n~ the Re,tHctl~s of the Use
of Fsdeml Fund, f~r Lobbying
The approving authority certifies, to the best of his or her
knowledge and belief, that:
(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 an officer or employee of any federal
agency, a member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in cormection with the
awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative
agseement.
(2) If any funds other than federal appropriated funds have been
paid or will be paid to any 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 an employee of a
member of Cong~ss in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and
submit the Standard Form-LLL, "Disdosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all subawards at
all tiers (including subgrants, and contracts and subcontracts under
grants, subgrants, loans, and cooperative agreements) which exceed
$100,(300, and that all such subrecipients shall certify 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 ~ 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 $10,000 and not more than $100,000 for
each such faiinre.
Additional Provisions
DOT Form 140-039