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HomeMy WebLinkAbout5105 1 ORDINANCE NO. 5 10 5 ~~ 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING STATE FUNDS AS PROVIDED IN AGREEMENT NO. 3 GCA 1269 BETWEEN THE CITY AND THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR DESIGN OF THE 3RD STREET SW GRADE 4 SEPARATION PROJECT/SR 18 - C STREET INTERCHANGE IMPROVEMENTS. 5 WHEREAS, the City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 7 35A.33 RCW; and 8 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO 9 ORDAIN AS FOLLOWS: 10 Section 1. Pursuant to Chapter 35A.33 RCW, the City 12 Council hereby approves the expenditure and appropriation of 13 State Department of Transportation funds in the amount of 14 $1,500,000.00 for design engineering of the 3ra Street SW Grade 15 Separation Project and hereby authorizes the Mayor and City 16 Clerk to execute Agreement No. GCA 1269 between the City and 17 the Washington State Department of Transportation, a copy of ]8 which is attached hereto as Exhibit "A" and is incorporated 19 herein by reference. 20 Section 2. The Mayor is hereby authorized to implement 21 such administrative procedures as may be necessary to carry out 22 the directions of this legislation. 23 24 25 Ord~ceN0.5105 Junell, 1998 Page 1 1 Section 3. This Ordinance shall take effect and be in 9. force five ( 5 ) days from and after its passage, approval, and 3 publication, as provided by law. 4 5 INTRODUCED: June 15, 1998 6 PASSED: June 15, 1998 7 APPROVED: June 15, 1998 9 CHARLES A. BOOTH ]0 MAYOR ]1 ]2 13 ATTEST: 14 Dan'ielle E. Daskam, 16 City Clerk 17 18 19 PROVE~ORM: 20 ~ 21 J. Reynolds, 22 City Attorney 24 Published: ~ ~. p 25 Ordinance No. 5105 June 11, 1998 Page 2 _ . , ,"P, ul LI\.~.[ |1.J%3 ~:jUIJ.:' AGREEMENT GCA 126.9 THIS AGREEMENT, made and entered int&.th'.s day of , 19 . , between the STATE OF WASHINGTON,'~Dep~r'tmen: of Transportation, acting by and through the Secretary of Transpo'ff~ii~d~iz:i~!!'l~i~eiHaf;ter called the "STATE." and the City of Auburn, 25 West Main, Auburn, Washinglcn',' 98001, hereinaff. er called the "CITY;" WHEREAS, the CITY is 9lanninci construction or marovements under a project '.:: ':' :i:+:~::>:i;~:,~:~..:: entitled "SR 18 - C Street ~n'--rcnar'ge Imorovsments," hereinafter called the "PROJECT:" and ';:":!:7~ ~. ~:~%~.~:%%. . WHEREAS the CITY has requested that the STATE provide funding for the , : .:: ..::.:~ develapment af cantract dacuments, right;:~f:~ acquisitian and co struct'on. and WHEREAS il is deemed to be.~?i~7 '~b~seterest for the STATE to pa ticipate 'n the ' ~: :':~' ~:: ~:.:.~ ~ '~" '~ :':~-h:::.:.'~f~ NOW, THEREFORE. by v,rtue of RCW ~7.2S. 140 and in consideration of the ~erms, conaitions, covenants, and pe~a-maraes can:creed herein, or attached herelo and incorporated and made a pa~ hereof~J~Z~IS~M:U~U~LLY AGREED AS FOLLOWS: : :;: :' '.. :::~'.:G,L '~:: ~" :' .' The CITY, as agent acting f0~:~:a~ on behalf of the STATE, agrees to perform the required work. Plans,-specifications and cost .es~ima~es sha{J, be prepared by the CI~ in accordance with the current State of Washi~:~. Sta'~dafd~=ec,f, ca~,cns for Road. Bridge. ana Municipal Construction and adapte~ desig~;~ndards, unless otne~ise noted. The CITY will incorporate the plans and specifiCgt~z~L into the Cl~'s PROJECT and thereafter adve~ise the resulting project for bid a:~28:'~ suming bids are received and a contract is awarded, administer the contract. 1269.01.agr. doc 1 The STATE, in consideratiori:'.!o!tl]~ faithfUl?p~brmance of the work to be done by the up to, but not to exceed $1,500,000 .,. .. An itemized estimate of cos(~:~f~2~:,~k.2;~o:~;:be performed by the CI~ at the STATE's 'expense is marked Exhibit "A," and is2;'~{~:'he~eto and by this reference made apart of this AGREEMENT. ' ''~''~; Pa~ial payments shall be m'ad~:tHe::'~¢TE, upon request to the C~, to cover agreed that any such partial payme~ not co~z, agreement as to the appropriateness .:/:'. :::' of any item and that, at the time of fina:l:;::~aQ:~[, all required adjustments will be made and reflected in a final payment ; The CI~ agrees to submit a fina:l~tOz;~:th'~:~TATE w'thin f ~y-five (45) days after the I O CITY has completed the work. :. :,~,;L'~,,,~?:~:'~:' . . : . .~:-. In the event it is determined that an¢~'~:fmm the description of work contained the AGREEMENT is required, app~must,,:::be secured from the STATE prior the description of work shall be:':'l~:~d to costs covered by a supplement to this AGREEMENT. Re~ ~ s d ,. .... :...~ ~, -. ,? .'; , . ~ RrGHT OF'ENTRY The STATE hereby grants and c~:~:~ to the CI~ the right of entry upon all Sand which the STATE has interest, within or :~;~:~z::~:::~ nt to the right of way to the highway. for the purpose of developing contract document%~%f~ aid improvements. ,~"1'~ UI L,i~.LI IU.~3 ¥.:dUI}4 NO liability shall attach to .th~ by reason of entering into this agreement except as expressly provide.~::herein. tN WITNESS WHEREOF. th'e,' ~ve executed this agreement as of the day and year first above written. :: · :.: .',~.. By Title By : . .: ..: : :' ::: ~ .:: ~...:.>...;.~ :-~ ;,:. ~.' .. :,..::' ~:~ ~ -~:.:.~