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ORDINANCE NO. 5 I I 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Al/BURN,
WASHINGTON, APPROVING FEDERAL TEA-21 PRESERVATION 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 THE SR18/C STREET SW
RAMP MODIFICATIONS/3R° STREET SW GR3kDE SEPARATION.
WHEREAS,
adopt and approve
Chapter 35A.33 RCW; and
THE CITY COUNCIL OF
ORDAIN AS FOLLOWS:
Section 1. Pursuant
Council hereby approves the
the City Council of the City of Auburn must
all appropriations by Ordinance pursuant to
THE CITY OF AUBURN,
WASHINGTON, DO
Federal TEA-21 Preservation Funds
$3,000,000.00 with local matching funds
King County/Port of Seattle
Transportation Improvement Board
to Chapter 35A.33 RCW, the City
expenditure and appropriation of
in the amount of
of $750,000 from the
Interlocal Agreement and
TIA grant to prepare and
implement the SR18/C Street SW Ramp Modifications/3ra Street
SW Grade Separation Project 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 in the amount of $1,984,356.00, 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
Ordinance No. 5118
July 8, 1998
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approve and execute any future
required for obligation of the
and completion of phases of
supplemental agreements thereto
remainder of the $3,000,000.00
the project includin9 but not
limited to design, right-of-way, and construction.
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 take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
INTRODUCED: July 22, 1998
PASSED: July 22, 1998
APPROVED: July 22, 1998
CHARLES A. BOOTH
MAYOR
ATTEST:
~anielle E. Daskam
City Clerk
Ordinance No. 5118
July 8, 1998
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APPROVED AS TO FORM;
Michael J. Reynolds,
City Attorney
Published:
Ordinance No. 5118
July 8, 1998
Page 3
~ )~VASHINGTON STATE
;~ DEPARTMENT OF TRANSPORTATION A~E~VcY
Agency CityofAuburn DEC - 2 1998
Address 25 W Main St
Auburn, WA 98001 C~
Local Agency Agreement
ProjectNo. H?'- [q~lS(
Agreement No. ~ 4-0 1 ~
For 080 WSDOT Use Only
Thc Local Agency having complied, or hereby agreeing to comply, with thc terms and conditions set froth in (1) Title 23, U.S. Cede Highways, (2)
the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-lO2 and A-128, (4) the policies and procedures
promulgated by the Washington State Department of Transportation, and (5) thc federal aid budget agreement entered into between thc State and
Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on
the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line s,
column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by
the Federal Government shall be the responsibility oftbe Local Agency.
Project Description
Name SR 18FC" Street SW Ramp Modifications/3rd Street SW Grade Separation
Termini SR 18 Eastbound Ramps to West Main Street and east to "A" Street SE
Length 0.19 miles
Description of Work
Realignment of the westbound ramp from SR18 to intersect with the existing 3'd StreetTC" Street SW intersection.
Widening and channelization improvements to accommodate additional turn lanes. Grade separation of 3r~ Street SW
from the BNSF rail line.
Estimate of Funding
Type of Work (1) (2) (3)
Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a. Agency Work 218,070.00 43,614.00 174,456.00
b. Other Consultant 2,100,000.00 420,000.00 1,680,000.00
c. Other Non-Federally Funded 836,455.00 836,455.00 0.00
d. State Services 12,375.00 2,475.00 9,900.00
e. Total PE Cost Estimate (a+b+c+d) 3,166,900.00 1,302,544.00 1,864,356.00
Right of Way f. Agency Work 0.00 0.00 0.00
g. Other (Ph.1 Relocation) 150,000.00 30,000.00 120,000.00
h. Other Non-Federally funded 4,250,000.00 4,250,000.00 0.00
i. State Services
· Total RAN Cost Estimate (f+g+h) 4,400,000.00 4,280,000.00 120,000.00
Construction k. Contract
I· Other (Non-Federally Funded)
m. Other
n. Other
o. Total Contract Costs (k+l+m+n)
p. Agency Work Non-Federally Funded
q. Other Consultant-Non-Federally Funded
r. State Forces Non-Federally Funded
s. Total Construction Engineering (p+q+r) *
t. Total Construction Cost Estimate (o+s)
u. Total Project Cost Est. (e+j+t) 7,566,900.00 5,882,544.00 1,984,356.00
*Federal participation In construction englneeflng (s) In limited to 15 percent of the total contract costs (line o, column 3)
The federal aid participation rote in this project will be determined by the Federal Government. Thc 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
will 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.
1
DOT Form 140-039EF
Cona.truction Method of Financing ¢Ch~c~
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 Force or Local Ad and Award
[] Method C - Agency cost incurred wRh 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
July ~"~ 1998 , Resolution/Ordinance No. Ordinance No. 5118
Agency Official
Title City of Auburn Mayor
Provisions
I. Scope of Work
The Agency shall provide all the work, labor, materials, and scrviccs
necessmy 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, thc Stab= shall be
deemed an agent of the Agency and shall perform thc services described and
htdicated in ~Type of Work" on the face of this agreement, in accordance with
plmts and specifications as proposed by thc Agency and approved by the State
and tbe Federal Highway Administration.
When thc State acts for thc Agency but is not subject to thc right of control
by the Agency, the Stale shall have thc right to perform the work subject to the
ordinmy procedures of the State and Federal Highway Adminis~'ation.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government
by thc adminisUation of this project. Thc Agency agrees that thc State shalt
have the full authority to cant out this administration. Thc State shall review,
process, and approve documents required for federal aid reimbursement in
accordance with federal requiremenl~, If the State advertises and awards thc
contract, thc Stale will further act for thc Agency in all matters concerning the
project as requcstod by the Agency, If thc Local Agency advertises and awards
thc project, thc State shall review thc work to ensure conformity with thc
approved plans and specifications.
IlL Project Administration
Certain types of work and services shall be providcd by the Stale on this
project as requested by thc Agency and described in the ~l~pe of Work above.
In addition, the State will furnish qualified personnel for the supervision and
inspection of thc work in progress. On Local Agency advertised and awarded
projects, thc supervision and inspection shall be limiled to ensuring all work is
in conformance with approved plans, specifications, and federal aid
requirements. Thc salary of such engineer or other supervisor and all other
salaries and costs incurred by Stale forces upon the project will be considered a
cost thereof. All costs rclatad to this project incurred by employees of the State
in the customary manner on highway payrolls and vouchers shall be charged as
costs of thc project,
I¥. Availability of Records
All project records in support of all costs incurred and actual expenditures
kept by the Agency arc 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 Trapsportation, and the W~hington State
Depo~ment of Transportation. The records shall be open to inspection by the
Slate and Federal Government at ali reasonable times and shall be retained
and made available for such inspection for a period of not Icss than three
DOT From 140039 EF 2
Assistant Secretary for TransAid
'llOV-O 6 1998
Date Executed
years from thc final payment of any federal aid funds to thc Agency. Copies of
said records shall bo furnished to the State and/or Federal Government upon
request.
V. Compliance with Provisions
Thc Agcncy shall not incur any federal aid participation costs on any
classification of work on this project until authorized in writing by thc State for
each classification. Thc classifications of work for projects arc;
1, Preliminar~ engineering up to and including approval.
2. Preparation 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 thc road, for
which preliminaxy engineering is undcrtakco is not started by the closing of thc
tenth fl~cal 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 thc
Agency under the terms of this agreement (see Section VIII).
The Agency agrees that all stages of construction necessary to provide the
initially planned complcta facility within thc limits of this project will conform to
at least the minimum values set by approved stutewide design standards
applicable to this class of highways, cvcn 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 thc project cost shall be applicable in thc event thc
contr&ctor fails to complete the contract within the contract time.
VI. Payment and Partial Reimbursement
The total cost of thc 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 lnlermodal Surface
Transportation Efficiency Act 1991, Title 23, United States Code, as amended,
and Office of Managemem 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 ~ 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, vouchers shall be submitted to the State in the format prescribed by the
State, 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
,~ligibl,: fc~. fcdcr~d pmicipation to the cx*~nt that such costs arc directly
attriMmthle ~md properly allocable to this project. Expenditures by the Local
'A~ency for the establishment, maintenance, general administration,
supervision, and other overhead shall not be eligible for federal participation.
The Stats will pay for Stats incurred costs on the projccL Following
payment, tho State shall bill the Federal Government for reimbursement of
those costs eligible for federal participation to the extent that such costs arc
attributable and properly allocable to this project. Thc State shall bill thc
Agency for that portion of Sta~ costs which were not reimbursed by thc
Fedmll Government (sec Section VIII).
The State will pay for State incurred costs on the project. Following
payment, the State shall bill thc Federal Government for reimbursement of
those costs eligible for federal pa~icipation to thc extent that such costs are
at~ibutablc and properly allocable to this projecL Tbe Stats shall bill thc
Agency for that portion of State costs which were not reimbursed by the
Federal Cmvernment (see Section VIII).
2. Project Constrnction 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 a~er
the execution of the construction conUact, an advance in the amount of the
Agency's share of the total construction cost based on the contract award.
The Stats will notif3, 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. Following such
payments, the State will submit a billing to the Federal Government for the
federal aid pa~tlcipation 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 duc Lhc 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 Agency's share of the total construction cost as shown
on ~ 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 Stats 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- Thc Agency may submit vouchers to the Stats in the format
prescribed by the Sta~, 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. Expoadithres by
the Local Agency for the establishment, malntsnance, general
adnfinistration, 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 ~he
time of audit, the Agency will provide documentation of all costs incurred on
the project.
The Slate shall bill the Agency for all costs ineurred by the Stale 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 ~e subsecluentiy
determined to be ineligible for federal pazUcipation (see Section VIII).
VII. Audit of Fedora[ Aid Project
Thc Agency, if services ufa consultant are required, shall b~ responsibts
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 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 Unitsd States Ocneral Accounting Office by the Comptroller
C~neral of the United States; WSDOT Directive D 27-50, Consultant
Authorization, Selection, and Agreement Administration; merm)raoda of
understanding between WSDOT and FHWA; and OlFice of Management
and Budget Circula~ A-128.
If upon audit it is found that overpayment or participation of federal
money in ineligible itsms 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 thc
State's billing r~lative to the project (e.g., State force work, project cancellation,
overpayment, cost ineligible for federal participation, ets.) is not made to the
Stats within 45 days al~r t~ Agency has been billed, the State shall effect
IX. Trafflo Control, Signing, Marking, and Roadway
Maintenance
standards approved by thc Federal Highway Administration and MUTCD. Thc
X. Indemnity
XI. NondlecrimlnaUon Provision
If) ]n t%e event of thc contractor's noncompliance with thc
nondL..criminatidn clauses of this contract or with any such rules, regulations
,ar o~ers, this contract may be canceled, terminated, or suspended in whole
or in pm and the contractor may be declased ineligible for further
gcvemment contracts or federally assisted conatmctinn contracts in
accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may bc imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, or by
rule, regulation, or order of the Secretm7 of Labor, or as otherwise provided
by law.
(g) The contractor will include the provisions of this Section 11-2 in
every subcontract or potchase order unless exempted by rules, regulations.
or orders of thc Secretary of Labor issued pursuant th 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 porchasc order ns the Agency,
Washington State Department of Transportatinn, or Federal Highway
Administration may direct as a means of enthroing such provisions
including sanctions for noncompliance: Provided, however, that in thc
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 thc interests of thc United States.
Thc Agency further agreas that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it
participates in federally assisted const;uctinn work: Provided, that if thc
applicant so participating is a State or Local Government, thc above equal
opportunity clause is not applicable to any agency, instrumentality, or
subdivision of such govcrnmcnt which does not participatc in wonk on or
XII. Liquidated Damages
Thc Agcocy hereby agrces that the liquidated damages provisions of 23 CFR.
Part 630, Subpart 305, ~ supplemented, relative to thc amount of Fcdc~d
participation in the project cost, shall be applicable in the event the contractor
fails to complete thc conUact within thc conUact time. Failure to include
liquidated damages provision will not relieve the Agency fi'om reduction of
federal participatinn in accordance with this paragraph.
XIII, Termination for Public Convenience
Thc Secretet7 of thc Washington State Depa~rncm of Transporthtinn may
terminat~ the contract in wl~lc, or from time to time in part, whenever:
(1) The {cquisitc fedcnd funding becomes unavailable through failure of
appropriation or othenvise.
(2) The contractor is prevented from proceeding with the work ns a direct
resufl of an Executive Order of the l~csident 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 contractor is prevented from proceeding with the work by rcason cfa
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
thc State.
XIV. Venue for Claims and/or Causes of Action
For the convenience of thc parties to this contract, it is agreed that any claims
and/or causes of actinn which thc Local Agency has against thc State of
Washington, growing out of this contract or thc project with which it is
concerned, shall be brought only in the 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, inat:
(1) No thderal appropriated funds have been paid or will bc paid, by or on
behalf of thc undersigned, to any person fur influencing or aUcmpting to
influence an officer or employee of any federal agency, n member of Congress,
an officer or employee of Congress, or an empinyec cfa member of Congrass in
connection with thc awarding of any federal contract, thc making of any federal
granL thc making of any fcdcral loan, thc cntcring into of any cooperative
agreement, and thc extension, continuation, renewal, amendment, or modification
of any federal contract, grant, loan, or cooperative agreement.
(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 fcderal agency, a member of Congress, an officer or employee
of Congress, or an employee of a member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undcrsigncd shall
complcte and submit thc Standard Form - LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) Thc undersigned shall require that thc language of this certification be
included in the award documents for all subawards at all tiers (including
cooperative agreements) which exceed $100,000, and that all such subrecipients
shall cettify and disclose accordingly.
This certification is a material rep~esent~ion of fact upon which reliance was
placed wben this Iransaction was madc or entered into. Submission of this
certification as a prerequisite for making or cntcring 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