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HomeMy WebLinkAbout51421 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 5 i 4 2 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 FOR THE KERSEY WAY IMPROVEMENTS 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: Section 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 $268,000 with local matching funds of $574,000 for the Kersey Way improvements project. 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 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 completion of phases of the project including but not limited to design, right-of-way, and construction. Ordinance No. 5142 August 19, 1998 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 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 force ~ive (5) days from and after its publication, as provided by law. take e~ect and be in passage, approval and INTRODUCED: PASSED: APPROVED: September 8, 1998 September 8, 1998 September 8, 1998 CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Ordinance #o. 5142 August 19, 1998 Page 2 Washington Statb Local Agency Agreement .Department of Transportation · Agency City of Auburn I Project No. ~'rF'~~:''~/""~/~ I .Address. 25 ~ ~a~. ~L ~*CV Agreement NO. ~~U~ I Aub~, WA 98001 ' ' I For O~OT Use Only I ' The LocM A~e~reby asreein~w[th ~e tc~s ~d conditions scl fo~ in (t) T[tic 23, U.S. Code Highways, (2) thc rc[ulatio~ issued pursuit ~crcte, (3) O~cc of M~aEcmcnt ~d Budget Circuits A-I02 ~d A-128, (4) th~ policies ~d procedures promulgated by ~e W~hinDon State Dcp~mcnt of Tr~sponation, ~d (5) ~c federal ~d project agreement entered into he,can ~c State ~d Fedcr~ GovemmcnC relative to ~c above project, ~c W~hinston State Dcp~mcnt of Tr~sponation will au~orizc thc Local Asancy to proceed on the project by a scp~te notfficatten. Federal ~nds which ~ to be obligated fur ~c project may not exceed ~c ~ount shown herein on linc s, column 3, wi~out ~,cn authofi~ by the State, subject to ~c approval of~c Federal Highway Adminis~ation. All project costs not reimbursed by · c Federal Govc~cnt shall be ~e responsibili~ of~e Local Agency. Project Description Name Kersey Way improvements Length ] .7 miles Termini S~c~ River Bridge to Ci~ Limits (Kin~ierce Co. linc) Description of Work Widen travel lanes and shoulders, improve horizontal and vertical alignments, and new pavement section. Estimate of Funaing Type of Work (~) (2) , (3) Estimated Total Estimated Agency Estimated i Project Funds Funds Federal Funds PE a. Agency Work 30,000.00 6,000.00 24,000.00 b. Other Consultants 75,000.00 15,000.00 60,000.00 c. State Services 2,776.00 555.00, 2,221.00 d. Total PE Cost Estimate (a+b+c) I 107,776.00 n,555.ooI 86,221.00 Rigint of Way e. Agency Work f. Other g. State Services h. Total ~ Cost Estimate (e+f+g) Construction i. Contract ~38,524.00 480,438.001 l 5~k~6.00 I. Other ~ ~..a' / - m. Total Contract Costs (i+j+k+~O~,'"' 638,524.00 ~ ~1R~,438.00 158,086.00 Corlatructlo, Engl, eering /~; n. Agency Work q / 20,000.00~ %049.00 4,951.00 o. Other Consultant~ 75,20,~1g0I) 56,53,2..00 18,618.00 p. State Forces //500.00 376.~ 124.00 q. Total Construction Engineering (n+o+p) //~ ~5,700.00 72,0o7.ooi* 23,6~3.o0 r. Total Construction Cost Estimate (m+q) // 734,224.00 552,445.001 '"1~,779.00 s. Total Project Cost Estimate (d+h+r) *Federal participation in construction engineering (q) is limited to 15 )ement of the total contract costs (line m, column: 8~,; Z~ ) The federal aid participation rate in this project wi!l be determined by the Federal Government. The parties expect that it will be 80 percent; however, it is understood that the rate may vary. The Local Agency agrees that this agreement is entered into without relying upon any representation by the state made outside of this contract, or contained herein, as to what the federal participation rate will be. It further agrees that it ~vill not condition any future actions with respect to the project covered by this agreement upon past, current, or future representations as to the federal participation rate. The dollar amount of federal participation cannot exceed the amount shown in line s, column 3. All costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. DOT ~ ~mSE~ I Exhibit "A", Ordinance No. 5142 Construction Method of Financing (Check Method Selected) State'Ad and Award [] Method A - Advance Payment - Agency Share of total construction cost (based on contract award) [] 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 Fome 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 previsions set forth below. Adopted by official action on September 8 Agency Official ~.~ C,LJoJ~IF~ Title ~-~,/'~0~'? C~ ,D~' 1998 Provisions I. Scope of Work Thc Agency shall provide all the work, labor, materials, and services neccssmy to perform the project which is described and set forth 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. When the State acts for the Agency but is not subject to the right of control by thc Agency, thc State shall have thc right to perform thc work subject to thc ordinmy procedures of thc State and Federal Highway Administration. II. DeleBaflon of Authority Thc State is willing to fulfill the responsibilities to thc Federal Government by thc administration of this project. Thc Agency agrees that the State shall have thc full authority to carry out this administration. Thc State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If thc State advertises and awards the contract, thc State will further act for thc Agency in all mattcr~ concerning thc project as requested by thc Agency. If the Local Agency advertises and awards the project, the State shall review thc work to ensure conformity with the approved ptans and specifications. III. Project Administration Certain types of work and services shall Ix: provided by thc State on this project as requested by thc Agency and described in the Type of Work above. In addition, the State will furnish qualified personnel for thc supervision and inspection of the work in progress. On Local Agency advertised and awarded projects, the supervision and inspection 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 expenditures kept by the Agency are to be maintained in accordance with procedures prescribed by the Division of Municipal Corporations of tbs State Auditer'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 DOT F~ 140~39 EF 2 Revised 5/97 , Resolution/Ordinance No. Ordinance No. 5142 WashingtoWState Depa~nent of Transportation Assistant Secretary for TransAid Date Executed ~"~B 1 1 ~ years from the final 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 Thc 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 of plans, specifications, and estimates. 3. Right of way acquisition. 4. Project construction. In thc cvent that right of way acquisition, or actual conalmction of the road, for which prclimina~ engineering is undertaken is not started by the closing of thc tcnth fiscal year following thc fiscal year in which the agreement is executed, thc Agency will repay to thc State the sum or sums of federal funds paid to thc Agency under thc terms of this agreement (see Section VBI). The Agency agrees that all stages of construction nccessary to provide thc initially planned complatc facility within the limits of this project will conform to at Icast thc minimum values set by approvcd statewidc design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. Thc Agency agrees that on federal aid highway construction projects, thc current federal aid regulations which apply to liquidated damages relative to thc basis of federal participation in thc project cost shall be applicable in thc event the contractor fails to complete the contract within thc contract time. VI. Payment and Partial Reimbursement Thc total cost of tbs project, including all review and engineering costs and other expenses of the State, is to be paid by thc Agency and by the Federal Government. Federal funding shall be in accord with thc Intermodal Surface Transportation Efficiency Act 1991, Titlc 23, United States Code, as amended, and Office of Managcment and Budget circulars A-102 and A-128. The State shall not be ultimatcly responsible for any of thc costs of the project. Thc Agency shall be ultimately responsible for all costs associated with the project which arc not reimbursed by the Federal Government. Nothing in this agrcemcnt shall bc construcd as a promise by the State as to the amount or nature of federal participation in this project. 1. Preliminary Engineering, Right of Way Acquisition, and Audit Costs The Agency will pay for Agency incurred costs on the project. Following such payments, voucbers shall be submitted to thc State in thc format prescribed by the Statc, in quadruplicate, 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 federal participation to the extent that such costs ~re directly · ai~ibutabl¢ and properly allocable to this project. Expenditures by the Local .Agency for the establishment, maintenance, get.rat administration, supervision, and other overhead shall not he eligible for federal pasticipation. The State will pay for State incur~d costs on the project. Following payment, ibc State shall bill the Federal Government for reimbursement of those costs eligible for federal paRicipation to thc extent that such costs are attributable and property allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section Vlll), The grate will pay for State incurred costs on the project. Following payment, thc State shall bill the Federal Government for reimbursement of those costs eligible for federal pa~icipation to the extent that such costs are ath-ibutobie and properly allocable to this project. Thc State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section VIII). 2. Project Construction Co, ts Project construction financing will he accomplished by one of the three maihods as indicated in this agreement. Method A - The Agency will place with the State, within (20) days at, er the execution of the construction contract, an advance in the amount of the Agency's share of the total construction cost ba~cd on the conffa~:t 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 presentaflon of progress billings from the contractor. Following such payments, the State will 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 he cleared by either a payment from the Agency to the State or by a refund fi-om the State to the Agency. Method B- The Agency's share oftbe total construction cost as shown on tho face of this agreement shall be wlthbeid from its monthly fuel t~x 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 lector from the State at the time 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 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 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 adminish~,tion, 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 cfa consultant are required, shall be responsible 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 tiles 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 Offce by the Comptroller General of the United States; WSDOT Directive D 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and Office of Management and Budget Circalar 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). ~111. Payment of Billin9 The Agency agrees that if payment or arrangement for payment of any of the State's billing ralative 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 the the Assistant Secretary for TransAid. IX. Traffic Control, Si§nih§, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffc control on this project without prior approval of the State and 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 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 et its own expense all claims, demands, or suits, whether at law or equity brought against tho Agenoy. State, or Federal Government, arising from the Agency's execution, performance, or failure to pofform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the pmticipation 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 injuty to persons or damage to property caused hy 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 be~in. Xl. Nondiscrimination 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 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 guarantee, the following equal opportunity clause: "DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES AS FOLLOWS:" (al 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 affrmative action to ensure that applicants are employed and that employees are treated during employment without regard to theft race, color, religion, sex, or national origin. Such action shall include, but not he limited to, the following: employment, upgrading, demotion or transl~r; 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 lo empioyces 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 p{aced 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 hss 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 1 l-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 &September 24, 1965, and oftbe rules, regulations, and relevant orders of th= Secretary of Labor, (el 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 Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (fi In the event of the confractor's noncompliance with the · nondiscrimination clauses 0f this conUact or with any such mlas, regulations or orders, this contract may be canceled, terrainated, 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 ~s provided in Executive 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 Transpoflation, 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 opportunity clause with respect to its 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 also 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 prima~y responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demons~ated eligibiliW for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (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 undertakings, the State may take any or all of the following actions: (al Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect m which the failure or refusal occurred until satisfactory assurance of futare compliance has been received from the Agency; and (c) Refer the case to the Department of Sustice for appropriate legal proceedings. XII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 630, Subpert 305, ~ 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 participation in accordance with this paragraph. XIIL Termination for Public Convenience The Secrcta~ 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 appropriation or otherwise. (2) The contractor is prevented fi'om 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 Ooveruor of the State with respect to the preservation of coergy resources. (3) The contractor is prevented from proceeding with the work by reason ora preliminary, special, or permanent restraining order ora 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 for Claims and/or Causes of Action For the convcnicnce of thc parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against thc State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in thc Superior Court for Thurston County. XV. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to thc 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 ora member of Congress in connection 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 agreement. (2) If any l~nds 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 Congrass, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, "Disclosure 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, Md eontraals and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, 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 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 $10,000 and not more than $100,000 for each such failure. Additional Provisions DOT F~m 140~39 EF 4 Revised 5/97