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ORDINANCE NO. 5 1 i 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING FEDERAL TEA-21 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 THE S. 277TH STREET
RECONSTRUCTION - SEGMENT #1.
WHEREAS, the City Council of the City of Auburn must
adopt and approve all appropriations by Ordinance pursuant to
Chapter 35A.33 RCW;
NOW, THEREFORE, 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 TEA-21 Preservation Funds in the amount of
$4,000,000.00 with local matching funds of $1,000,000.00 from
King County/Port of Seattle Interlocal Agreement to prepare
and implement the S. 277th Street Reconstruction Project -
Segment #1, from Frontage Road to Auburn Way North 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
$1,982,800.00, a copy of which is attached hereto as Exhibit
"A" and is incorporated herein by reference. The Mayor and
Ordinance No. 5119
July 14, 1998
Page 1
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City Clerk are also authorized to approve and execute any
future supplemental agreements thereto required for obligation
of the remainder of the $4,000,000.00 and completion of phases
of the project including 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.
ATTEST:
City Clerk
Michael ~. Reynolds,
City Attorney
Published: 7' ~ ~-~
INTRODUCED: July 22, 1998
PASSED: July 22, 1998
APPROVED: July 22~ 1998
CHARLES A. BOOTH
MAYOR
Ordinance No. 5119
July 14, 1998
Page 2
WASHINGTON STATE
DF..PARTMENT OF TRANSPORTATION
Agency City of Auburn
· Address 25WMain St
Auburn, WA 98001
Local Agency Agreement
Project No. ~
AGENCY~c - fgf{~§~pentN(~ ~n ~IJZ ~
For OSC WSDOT Use Only
Cl'tY 0t- AU udN
thc regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102 and A-128, (4) the policies and procedures
promulgated by the Washington State Department of Transportation, and (5) the federal aid budget agreement entered into between the 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 prnject costs not reimbursed by
the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name South 277th Street Reconstruction - Seqment #1
Termini FrontaRe Road to Auburn Way North
Length 0.63 miles
Description of Work
P.E. engineering for reconstruction of 2-lane roadway to 4 lanes, with left-turn lanes at intersections and Class I
bicycle facilities. Also includes railroad grade separations of UP and BNSF.
Estimate of Funding
'(1) (2) (3)
Type of Work Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a. Agency Work 220,000.00 44,000.00 176,000.00
b. Other ~.e-~..~-~ 2,249,500.00 449,900.00 1,799,600.00
c. Other (Non Federally Funded) 1,063,500.00 1,063,500.00 0.00
d. State Services 9,000.00 1,800.00 7,200.00
e. Total PE Cost Estimate (a+b+c+d) 3,542,000.00 1,559,200.00 1,982,800.00
Right of Way f. Agency Work 0.00 0.00 0.00
g. Other (Non Federally Funded) 0.00 0.00 0.00
h. Other 0.00 0.00 0.00
L State Services 0.00 0.00 0.00
j. Total R/W Cost Estimate (f+g+h) 0.00 0.00 0.00
Construction k. Contract 0.00 0.00 0.00
I. Other (Non Federally Funded) 0.00 0.00 0.00
m. Other 0.00 0.00 0.00
n. Other 0.00 0.00 0.00
o. Total Contract Costs (k+l+m+n) 0.00 0.00 0.00
p. Agency Work 0.00 Q00 0.00
q. Other (Non Federally Funded) 0.00 0.00 0.00
r. State Forces 0.00 0.00 0.00
s. TotaIConstruction Engineering (p+q+r) 0.00 - 0.00 0.00
t. Total Construction Cost Estimate (o+s) 0.00 0.00 0.00
u. Total Project Cost Est. (e+j+t) 3,542,000.00 t,559,200.00 1,982,800.00
*Federal participation in construction engineering (q) is limited to 15 percent of the total contract costs (line m, column 3)
Thc federal aid participation rate in this project will be determined by the Federal Government. The parties expect that it will be 80
percent; however, it is understood that the rate may vary. Thc 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 fizrther 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 thc Federal Government shall be the responsibility of the Local Agency.
1
DOT Form 140-039EF
Construction Method of Financing (Check Method Selected)
stere 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 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
July ~f~'/'
Agency Official
Title Charles A. Booth, Mayor
Provisions
I. Scope of Work
Thc Agency shall provide all thc work, labor, materials, and services
necessary to perform the project which is described and scl forth in detail in
thc "Project D~scription" and "Typc of Work."
When thc State acts for and on behalf of thc Agency, the State shall bc
deemed an agent of thc 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 thc State
and thc Federal Highway Administration.
When the State acts for thc Agency but is not subject to thc right of coatxol
by the Agency, thc State shall have the right to perform thc work subject to thc
ordinary procedures of thc State and Federal Highway Administration.
II, Delegation of Authority
The State is willing to fulfill the responsibilities to thc Federal Government
by the administration of this project. Thc 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 fcdcral aid reimbntsemcnt in
accordance with federal requirements. If the State advertises and awards thc
contract, the State will further act for the Agency in all matters concerning thc
project as requested 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.
III. Project Administration
Certain types of work and services shall be provided by the State on this
project as request~l 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 Agency advertised and awarded
projects, the supervision and inspection shall be limited to ensuring all work is
in conformance with approved plans, spocitications, mid federal aid
requirements. The salalT of such engineer or other supervisor and all other
salaries and costs incun-ed by Sta~ forces upon the project will be considered a
cost thereof. All costs related to this project incurred by employees of the State
in the custommT manner on highway payrolls and vouchers shall be charged as
costs of the project.
IV. Availability of Records
All project rccords 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 the State Auditor's
Office, the U.S. Deparanent of Transportation, and the Washington State
Depertment of Transportation. The records shall be open to inspection by the
State and Federal Oovernment at all reasonable times and shall be retained
and made available for such inspection for a period of not less than three
1998 , Resolution/Ordinance No. 5119
Washingtgn State Departm/e~t of Transportation
/
Assistant Secretary for TransAid
I)V 1 7 1998'
Date Executed
years from the final payment of any federal aid funds to the Agency. Copies of
said records shall be furnished to the State and/oF 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 el~zsificarion. The classifications of work for projects ~re:
1. Preliminat3' engineering up to and including approval.
2. Preparation of plans, specifications, and estimates.
3. Right of way acquisition.
4. Project consUuetion.
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 dosing of the
tenth fiscal year following the fiscal year in whic:t~ the agreement is executed, the
Agency will repay to the State the sum or sums ot' 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 limits of this project will eonfurm 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 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 pani¢ipetion 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 Managemeat and Budget circulars A-102 and A-128. The State
shall not be ultimately responsible for any oftbe costs of the project. The
Agency shall be ultimately responsible for all costs ~sociated 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.
1. Preliminary Engineering, Right of Way Acquisition, and Audit Costs
The Agency will pay for Agency incurred costs on thc project. Following such
payments, vouchers shall be submitted to thc Stal~ in the format prescribed by the
State, in quadruplicate, not more than one per mc,nth. 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 exU=nt that such costs arc directly
allributabie ~ properly allocable to this project. Expenditures by thc Local
Age, icy for the establishment, maintenance, general administration.
supervision, and other overhead shall not be aligib[e for federal participation.
The State will pay for State incurred costs on thc project. Following
payment, the State shall bill the Federal Government for reimbursement of
those costs eligible for federal participation 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 which were not reimbursed by thc
Federal Government (see Section VIII).
The Stats 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 participation 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 which were not reimbursed by the
Federal Government (see Section VIII).
2. 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. 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 be cleared by either a
payment from the Agency to the State or by a refund from the State to the
Agency.
Method B- Thc Agcncy's share of thc 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 withbelding will be confirmed by letter 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
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 andit' the Agency will provide documentation of ail costs incurred on
the project.
The State shall bill the Agency for ail 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 pa~icipetion (see Section VIII).
VII. Audit of Federal Aid Project
Thc Agency, if services ora consultant arc required, shall be responsible
for audit of thc 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 United States General Accounting Office 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 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 paymcnt or arrangcment for payment of any of thc
State's hilling relative to thc project (c.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 allotolents
to the Agency from the Motor Vehicle Fund. No edditionai Federal project
funding will be approved until full payment is received unless otherwise directed
the 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 regulations and traffic 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 markin,gs 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
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 bedily 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 attheh to the State or Federal Government except as expressly
provided herein.
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 Secreta~ of Labor at,Il 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 porsuant 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 be limited to,
the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoffs or termination; rares 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 mlvertisements for employees
ptaced 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 agreem,.'nt or other contract or
understanding, a notice to be provided by the Agency advising the said labor
union or workers' representative of the contr~-ctor's commitments under this
Section 11-2 and shall post copies of the notice in conapicuous 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
Secretmy of Labor.
(e) The contractor will furnish all information and reports required by
Executive Order 11246 of Septamber 24, 1965, mid by the rules and regulations
and orders of thc Secretary of Labor, or pursuant ~hereto, and will permit access
to his books, records, and accounts by the Federal Highway Administration and
the Secretary of Labor for poq~nses of investigation to ascertain complianc~ with
such rules, regulations, and orders.
(D In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any such rules, regulations
or ~rders thi~ 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 conalmction 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, regulation, or order of the Secretary of Laber, 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
opportonity clause with respect to its own employment practices when it
participates in federally assisted c0nstmction 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
clau~e 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 refrain from entering into any contract or contract modification
subject to Executive Order 11246 of Saptember 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, government
contracts and federally assisted construction contracts pursuant to the
Executive Order.
(4) To cany out such sanctions and penalties for violation of the equal
opportunity clause a~ may be imposed upon contractors and subcontractors
by the State, Federal Highway Administration, or the Secreta~ 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:
(a) Cancel, terminate, or suap~nd this agreement in whole or in part;
(b) Refrain from extending any further assistance to the Agency under the
program with respect to which the thiluve or refusal occurred until
satisfactory assurance of future compliance has been received from the
Agency; and
(c) Refer the case to the Department of Sustice for appropriate legal
proceedings.
XII. Liquidated Damages
Thc Agency hereby agrces that thc liquidated damagas provisions of 23 CFR
Part 630, Subpart 305, as supplemented, relative ~to the amount of Federal
participation in the project cost, shall be applicable in thc 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.
XIII. Termination for Public Convenience
Thc Sccretmy of thc 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 from proceethng with the work as a direct
result of an Executive Order of thc President with respect to thc prosecution of
war or in the interest of nafional 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 thc work by reason ora
preliminary, special, or permanent restraining order ora court of competent
jurisdiction wberc the issuance df such order is primarily caused by the acts or
omissions of persons or agencies other than thc contractor.
(4) The Secretary determines that such termination is in the best interests of
the 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 action which the Local Agency has against the State of
Washington, growing out of this contract or the p~roject 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 the best pt'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 influencthg 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 Con~ess 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 funds other than federal appropriated funds have been paid or will
be paid to any per,on for influencing or at~rnptin g 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 connection with this
federal contract, grant, loan, or cooperative agreeraent, 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 subaward~ at all tiers (including
subgrants, and contracts and subcontracts under grants, subgrants, loans, and
cooperative agreements) which exceed $100,000, and that ali such subreeipient~
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or catered 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 falls to file the
required certification shall bc subject to a civil peualty of not less than $10,000
and not more than $100,000 for each such failure.
Additional Provisions
DOT Farm 140039 EF 4
Revi~ed 5/97