HomeMy WebLinkAbout05-21-2018 CITY COUNCIL AGENDACity Council Meeting
May 21, 2018 - 7:00 P M
City Hall Council Chambers
A GE NDA
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I .C AL L T O O RD E R
A .P ledge of Allegiance
B .Roll Call
I I .AG E ND A M O D I F IC AT I O NS
I I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings - (No public hearing is scheduled for this evening.)
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C.Correspondence - (T here is no correspondence for Council review.)
I V.C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
V.C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the May 7, 2018 Regular City Council Meeting
B .Claims Vouchers (Coleman)
Claims vouchers 448715 through 448920 in the amount of $4,611,953.69 and two wire
transfers in the amount of $583,828.14 and dated May 21, 2018.
C.P ayroll Vouchers (Coleman)
P ayroll check numbers 537895 through 537921 in the amount of $228,912.24 and
electronic deposit transmissions in the amount of $2,001,636.22 for a grand total of
$2,230,548.46 for the period covering May 3, 2018 to May 16, 2018.
(RECOM M ENDED ACTION: City Council approve the Consent Agenda.)
Page 1 of 37
V I .UNF INIS HE D B US I NE S S
V I I .NE W B US I NE S S
V I I I .O RD INANC E S
A .Ordinance No. 6683 (Heid)
A n Ordinance of the City Council of the City of A uburn, Washington, repealing S ection
2.30.040 of the Auburn City Code relating to the limitation on serving on more than one
board or commission
(RECOM M ENDED ACTION: City Council adopt Ordinance No. 6683.)
I X.RE S O L UT IO NS
A .Resolution No. 5365 (Roscoe)
A Resolution of the City Council of the City of A uburn, Washington, confirming the
appointment of Steven L . Gross as City A ttorney for the City of A uburn, Washington
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5365.)
B .Resolution No. 5368 (Hinman)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute an I nterlocal Agreement between the City of A uburn and Green River
College for the purpose of providing small-business education and training
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5368.)
C.Resolution No. 5369 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to accept federal grant funds to be administered through the Washington State
Department of Transportation for the A Street S E Preservation Project
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5369.)
X .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X I .AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 2 of 37
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the May 7, 2018 Regular City Counc il Meeting
Date:
May 16, 2018
Department:
Adminis tration
Attachments:
5-07-2018 Minutes
Budget Impact:
Current Budget: $0
Proposed Revis ion: $0
Revis ed Budget: $0
Adminis trative Rec ommendation:
Background Summary:
Reviewed by Counc il Committees :
Counc ilmember:Staff:
Meeting Date:May 21, 2018 Item Number:CA.A
Page 3 of 37
City Council Meeting
May 7, 2018 - 7:00 P M
City Hall Council Chambers
MINUT E S
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I .C AL L T O O RD E R
A .P ledge of Allegiance
Deputy Mayor Bob B aggett called the meeting to order at 7:00 p.m. in the
Council C hambers at A uburn City Hall, 25 West Main S treet in Auburn and
led those in attendance in the P ledge of A llegiance.
B .Roll Call
Councilmembers present: D eputy Mayor B ob B aggett, Claude DaCorsi,
J ohn Holman, Bill P eloza, Yolanda Trout-Manuel, L argo
Wales. Councilmember L arry Brown was excused.
The following department directors and staff members were present: City
A ttorney D aniel B . Heid, P arks, Arts and Recreation D irector D aryl Faber,
Human R esource and Risk Management Director R ob Roscoe,
Compensation and Employee R elations Manager Aaron Barber, Assistant
Director of E ngineering S ervices/City E ngineer I ngrid Gaub, Assistant
Director of P ublic Works Randy B ailey, Chief of Police Bob L ee,
Customer C are Manager B renda Goodson-Moore, S olid Waste and
Recycling Supervisor J oan Nelson and D eputy C ity C lerk S hawn
Campbell.
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .A ffordable Housing Week Proclamation
Deputy Mayor Baggett read and presented the proclamation declaring May
14-18 as Affordable Housing Week in the City of Auburn to J oseph Mayo,
Danielle L evy and S helly Pricco from the Housing Development
Consortium.
Mr. Mayo stated he also represents Habitat for Humanity and the King
County Veterans P rogram and thanked Council for their support for
affordable housing. Ms. Pricco thanked Council for the proclamation and
their dedication to NE X US house.
B .P olice Week P roclamation
Page 1 of 6Page 4 of 37
Deputy Mayor Baggett read and presented a proclamation declaring May
13-19, 2018 as P olice Week in the City of Auburn to Chief of Police B ob
L ee.
Chief L ee thanked Mayor, Council and the citizens of Auburn for their
support. Chief L ee noted nationally 131 officers were killed in the line of
duty in 2017 and 51 to date in 2018. He would like that number to be lower
in the future.
C.National Public Works Week
Deputy Mayor Bob B aggett read and presented a proclamation declaring
May 20-26, 2018 as National Public Works Week in the City of Auburn to
A ssistant Director's I ngrid Gaub and Randy B ailey.
A ssistant Director Gaub stated she and A ssistant Director B ailey are very
proud of the Public Works staff and thanked the Mayor and Council for their
support.
I I I .AP P O I NT M E NT S
A .Civil Service Commission
City Council to confirm the following appointment to the Civil S ervice Committee:
David M enke
City Council to confirm the appointment of a new three year term to expire December
31, 2020 for David Menke to serve on the Civil S ervice Commission.
Deputy Mayor Baggett noted there was a scriveners error on the printed
agenda. T he terms for the Civil Service Commission are six year terms
and this proposed appointment will expire in 2023.
Councilmember Holman moved and Councilmember Peloza seconded
to confirm the appointment of David Menke to the Civil S ervice
Commission.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
B .B I A Committee
City Council to confirm the following reappointment's to the B I A Committee:
Ruth Neil-S tover
Reappointment as an alternate position for a three year term to expire on December
31, 2020
Bob Klontz
Reappointment as a board member for a three year term to expire December 31,
2020.
Councilmember Holman moved and Councilmember DaCorsi seconded to
Page 2 of 6Page 5 of 37
confirm the appointment of Ruth Neil-S tover and Bob K lontz to the
B usiness I mprovement Area Committee.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
I V.AG E ND A M O D I F IC AT I O NS
A n updated version of Resolution No. 5366 was provided to Council.
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings - (No public hearing is scheduled for this evening.)
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
L aura Mosier, 701 2nd Street NW, A uburn
Ms. Mosier spoke about the City's relationship with Waste Management.
S he requested the Council not approve the resolution to go out for an R F P
for garbage services and join with Waste Management in negotiations on a
new contract.
Rachel Hunt, 31835 118th P lace S E , Auburn
Ms. Hunt is concerned with traffic issues in her neighborhood caused by
students from Green River College. She asked Council to help facilitate a
solution.
Val Erikson, 535 M S treet, Auburn
Ms. E rikson requested the City purchase property located at 601 M Street.
S he stated the property is historical and could be used as park land.
Virginia Haugen, 2503 R S treet S E, A uburn
Ms. Haugen would like the City to purchase the property located at 601 M
S treet NE. King County has designated the property as historically
significant property and she would like the City to save the trees.
B erry Carr, 701 2nd S T NW, Auburn
Mr. Carr stated he is a driver for Waste Management and he lives in the
City of Auburn. He requested the City try negotiations with Waste
Management prior to going out for an R F P.
C.Correspondence
There was no correspondence for Council review.
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
Page 3 of 6Page 6 of 37
Councilmember DaCorsi, chair of the Roads Projects ad hoc committee,
reported the Committee will be meeting on May 14, 2018.
Councilmember Holman, Vice Chair of the F inance ad hoc committee,
reported he and Councilmember Brown reviewed claim vouchers totaling
approximately $2.6 million and payroll for the period of A pril 12 to May 2 in
the approximate amount of $2.4 million and recommend approval.
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the November 6, 2017 S pecial City Council
Meeting
B .Minutes of the April 16, 2018 Regular Council Meeting
C.Claims Vouchers (Coleman)
Voucher Numbers 448444 through 448714 in the amount of $1,877,963.65 and six
wire transfers in the amount of $702,650.21 and dated May 7, 2018.
D.P ayroll Vouchers (Coleman)
P ayroll check numbers 537879 through 537894 in the amount of $511,608.24,
electronic deposit transmissions in the amount of $1,897,500.77 for a grand total of
$2,409,109.01 for the period covering April 12, 2018 to May 2, 2018.
E .P ublic Works P roject No. C P 1521
City Council to award Contract No. 18-03, to C P M Development Corporation D B A
I C O N Materials on their low bid of $2,124,738.75 for Project No. C P1521 – 15th
S treet NE/NW Preservation
Councilmember P eloza moved and Councilmember Trout-Manuel
seconded to approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
V I I I .UNF INIS HE D B US I NE S S
There was no unfinished business.
I X.NE W B US I NE S S
There was no new business.
X .O RD INANC E S
A .Ordinance No. 6681 (Roscoe)
A n Ordinance of the City of A uburn, Washington, amending Chapter 2.08 of the
A uburn City Code, relating to the I ndependent Salary Commission
Page 4 of 6Page 7 of 37
Councilmember Holman moved and Councilmember Trout-Manuel
seconded to approve Ordinance No. 6681.
Councilmember Holman stated the proposed ordinance includes setting
the Mayor's salary as part of the duties of the I ndependent Salary
Commission.
Councilmember P eloza stated that prior to having the I ndependent Salary
Commission Councilmembers could receive different rates of pay. He is in
favor of adding the Mayor's salary to the duties of the I ndependent Salary
Commission.
Councilmember Wales stated she does not think people who the Mayor
appoints should set her salary. She acknowledged that the Council does
confirm the appointments to the I ndependent Salary Commission, but the
Council does not typically oppose the Mayor's appointments. She does not
feel it is fair to have a person the Mayor appoints set her salary.
MO T I O N C A R R I E D 5-1 Councilmember Wales voted no.
X I .RE S O L UT IO NS
A .Resolution No. 5366 (Coleman)
A Resolution of the City Council of the City of A uburn, Washington, ratifying the
cancelation of the request for bids authorized by Resolution 5210 and expressing the
City’s intent to extend the term of all solid waste collection contracts and seek a new
contract through a competitive proposal process
Councilmember P eloza moved and Councilmember Trout-Manuel
seconded to adopt Resolution No. 5366.
Councilmember P eloza stated this item has been discussed many
times. The proposed resolution will provide the necessary process to have
haulers submit a Request for P roposal that will include the whole City under
one contract.
Councilmember Wales stated she does not support the City going out for
an R F P for garbage services at this time. S he thinks there is good
customer service with the current hauler. She requested the City negotiate
in good faith with Waste Management.
MO T I O N C A R R I E D 4-2, Councilmembers Trout-Manuel and Wales
voted no.
Councilmember P eloza noted a scriveners error in the Resolution the title
should read Proposal (R F P) P rocess.
B .Resolution No. 5367 (Heid)
A Resolution of the City Council of the City of A uburn, Washington, amending the City
Page 5 of 6Page 8 of 37
Council Rules of P rocedure as adopted by Ordinance No. 5802 and amended by
Resolution Numbers 4282, 4429, 4467, 4615, 4686, 4740, 4813, 4909, 5105, 5112,
5115, 5217, 5240 and 5283
Deputy Mayor Baggett moved and Councilmember Holman seconded to
adopt Resolution No. 5367.
Deputy Mayor Baggett stated this item has been discussed at the previous
study session.
Councilmember Holman stated many of the proposed changes were made
at the suggestion of Professional Registered Parliamentarian (P R P) Ann
Mc Farland. The changes clarify the rules and make them easier to follow.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Councilmember DaCorsi reviewed the Affordable Housing A dvisory Board
report.
Councilmember P eloza reported he attended a W R I A9 meeting where
they discussed the decline in Chinook Salmon.
Deputy Mayor Baggett reported he attended the P ierce County Cities and
Towns Association meeting, the P ierce County Health Department meeting
and the Veterans Challenge Coin luncheon.
B .From the M ayor
Mayor Backus was not in attendance.
X I I I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
adjourned at 8:10 p.m.
A P P R O V E D this 21st day of May, 2018.
________________________ __________________________
NA NC Y B A C K US, MAYO R S hawn Campbell, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 6 of 6Page 9 of 37
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Coleman)
Date:
May 16, 2018
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Administrativ e Recommendation:
City Council approve claims vouchers.
Background Summary:
Claims vouchers 448715 through 448920 in the amount of $4,611,953.69 and two wire
transfers in the amount of $583,828.14 and dated May 21, 2018.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:May 21, 2018 Item Number:CA.B
Page 10 of 37
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Coleman)
Date:
May 16, 2018
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Administrativ e Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 537895 through 537921 in the amount of $228,912.24 and electronic
deposit transmissions in the amount of $2,001,636.22 for a grand total of $2,230,548.46 for
the period covering May 3, 2018 to May 16, 2018.
Rev iewed by Council Committees:
Finance
Councilmember:Staff:Coleman
Meeting Date:May 21, 2018 Item Number:CA.C
Page 11 of 37
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6683 (Heid)
Date:
May 16, 2018
Department:
City Attorney
Attachments:
Ordinance No. 6683
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Ordinance No. 6683.
Background Summary:
Ordinance No. 6683 was reviewed at the April 30, 2018 Council study session.
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:May 21, 2018 Item Number:ORD.A
Page 12 of 37
ORDINANCE NO. 8 6-8 3
AN ORDINANCE OF THE CITY COUNGIL OF THE CITY OF
AUBURN, WASHINGTON, REPEALING SEGTION 2.30.040
OF THE AUBURN CITY CODE RELATING TO THE
LIMITATION ON SERVING ON N10RE THAN ONE BOARD
OR GOMMISSION
WHEREAS, because the City Council was interested in providing increased
opportunities for citizens and residents of the City who would like to serve on city boards
or commissions, the City Council adopted its Ordinance No. 6649, placing a limitation of
not more than six months for persons serying on more than one board or commission;
and
WHEREAS, notwithstanding best intentions, there are occasions when the City
has experienced vacancies on some boards and commissions at the same time, the City
has people interested in filling vacancies,who happen to also be serving on another board
or commission; and
WHEREAS, experience has shown that the City could benefit from having the
flexibility of being able to fill board or commission, vacancies with persons serving on
another board or commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
SECTION 1. REPEAL OF SECTION OF CITY CODE. Section 2.30.040 of the
Aubum city code be, and the same hereby is, repealed.
SECTION 2. IMPLEMENTATION. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
SECTION 3. SEVERABILITY. The provisions of this ordinance are declared to
be separate and severable. The inValidity of any clause, senfence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the applieation thereof
Ordinance No. 6683
April 24, 2018
Page 1 Page 13 of 37
to any person or circumstance shall not affect the validity of the remainder of this
ordinance, or the validity of its application to other persons or circumstances.
SECTION 4.EFFECTIVE DATE. This Ordinance shall take effect and be in force.
five days from and after its passage, approval and publication as provided by law.
INTRODUGED:
PASSED:
APPROVED:
CITY OF AUBURN
ATTEST:
NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
APP,F OVED O FOR .
aniel B. Hei City Attorne _.______
Published:
Ordinance No. 6683
April 24, 2018
Page 2 Page 14 of 37
CODE TEXT BEING REPEALED
2.30.040 Limitation on serving on more than one board or commission.
No person may serve on more than one board or commission of the city as set
forth in this title for a period of more than six months. (Ord, 6649 § 9, 2017.)
Oriiinance No. 6683
April 24, 2018
Page 3 Page 15 of 37
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5365 (Ros coe)
Date:
May 10, 2018
Department:
Human Resources
Attachments:
Res olution No. 5365
Budget Impact:
Current Budget: $0
Proposed Revis ion: $0
Revis ed Budget: $0
Adminis trative Rec ommendation:
City Counc il adopt Res olution No. 5365.
Background Summary:
Reviewed by Counc il Committees :
Counc ilmember:Staff:Rosc oe
Meeting Date:May 21, 2018 Item Number:RES.A
Page 16 of 37
RESOLUTION NO. 5 3 6 5
A RESOLUTION OF THE CITY GOUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CONFIRMING THE
APPOINTMENT OF STEVEN L GROSS AS CITY
ATTORNEY FOR THE CITY OF AUBURN, WASHINGTON
WHEREAS, pursuant to Section 2.03.040, Paragraph C, of the City Code,
the appointment or termination of the City Attorney shall be subject fo
confirmation 6y a rimajority of the members of the City Council; and
WHEREAS, with the impending retirement of Daniel B. Heid from his
position of City Attorney for the City of Aubum, the City sought qualified applicants
for the replacement of this position; and
WHEREAS, as a result of the City's recruitment efforts, the Mayor has
selected former Aubum Assistant City Attorney, Steven L. Gross (currently the
City Attomey for the City of Port Townsend, Washington) as the next City Attorney
for the City of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Confirmation. The appointment of Steven L. Gross as City
Attomey for fhe City of Auburn is hereby confirmed:
Section 2. Implementa4ion. The Mayor of the City ofAubum is hereby
autho.rized to implement such administrative prbcedures as may be necessary to
carry out the directions of this resolu4ion.
Resolution No. 5365
May 7, 2018
Page 1 of 2
Page 17 of 37
Section 3. Effective Date. This Resolution shall take effect and be infiull
force on the 25 h day of June, 2018, and upon passage and signatures hereon.
DATED and SIGNED THIS DAY OF 2018.
CITY OF AUBURN
ATTEST:
NANCY BAGKUS
MAYOR
Danielle E. Daskam,
City Clerk
APPR,Q/ED A TO FORM;
i
D i . eid,
City Attorney
Resolution No. 5365
IVlay 7, 2018
Page 2 of 2
Page 18 of 37
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5368 (Hinman)
Date:
May 16, 2018
Department:
Administration
Attachments:
Res olution No. 5368
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5368.
Background Summary:
Resolution No. 5368 was discussed at the May 14, 2018 Council study session.
Rev iewed by Council Committees:
Councilmember:Staff:Hinman
Meeting Date:May 21, 2018 Item Number:RES.B
Page 19 of 37
RESOLUTION NO. 5 3 6 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF AUBURN
AND GREEN RIVER COLLEGE FOR THE PURPOSE
OF PROVIDING SMALL-BUSINESS EDUCATION
AND TRAINING
WHEREAS, the City of Auburn (the City), has entered into an agreement
with the Port of Seattle to accept grant funds from the Port of Seattle to be used
for Economic Development purposes; and
WHEREAS, the City has, with the Port of Seattle grant funds, opened and
currently operates a Business Inc.ubator; and
WHEREAS, the purpose of the Business Incubator is to provide office space
and support assistance to small businesses and start-up businesses; and
WHEREAS, the grant funds from the Port of Seattle permit expenditure for
small business training and workshops; and
WHEREAS, Green River College has a Small Business Center and a Small
Business Development Center which can provide bUsiness expertise, support
services, and business training and workshop opportunities; and
WHEREAS, the City desires to contract with Green River College to provide
certain business support, training, workshop, and ancillary services in connection
with the City's Business Incubator; and
WHEREAS, the parties are authorized by Revised Code of Washington
39.34 to enter into agreements for the joint exercise of governmental powers.
Resolution No 5368
May 7, 2018
Page 1 of 2 Page 20 of 37
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO RESOLVE as follows:
Section 1. The Mayor is hereby authorized to execute an interlocal
Agreement with Green River College for the purpose of providing small business
educational trainings and courses, in substantial conformity with the agreement
attached hereto, marked as Exhibit "A" and incorporated herein by this re.ference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the direcfions of this
legislation.
Section 3. This Resolution shall take effect and be in force upon passage
and signatures thereon.
DATED and SIGNED this _ day of 2018.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM;
Daniel B. Heid, City Attomey
Resolution No. 5368
May 7, 2018
Page 2 of 2 Page 21 of 37
Eachibit A
INTERLOCAL AGREEMENT
Between
The City of Auburn
And
Green River College
This Interlocal Agreement("AgeemenY')is entered irito on this day of
2018 (the"Effective Date"), by and between the City of Auburn, a
municipal corporation organized under Title 35A of the Revised Code of Washington(the
City") and Green River College, a community college district enumerated in Section
28B.50.040 of the Revised Code of Washington ("GRC"), for the purpose of providing business
coiuses, workshops and ancillary support services to members of Aubuin's Innovation
Partnership Zones Business Incubator.
WHEREAS, the City has entered into an agreement with the Port of Seattle to accept
gant funds from the Port ofSeaftle to be used for Economic Development purposes; and
WHEREAS,The City has, with the Port of Seattle grant funds, opened and cunently
operates a Business Incubator; and
WHEREAS, the purpose af the Business Incubator is to provide office space and support
assistance fo small businesses and start-up businesses; and
WHEREAS, the grant funds from the Port of Seattle permits expenditure for small
business training and workshops;and
WHEREAS, Green River College has a Small Business Center and a Small Business
Development Center which can provide business expe;tise, support services, and business
training and workshop opportunities; and
WHEREAS, the City desires to contract with Green River College to prodide certain
business sgpport,training worksliop and ancillary services in connection City's Business
Incubator; and
WHEREAS,the parties are authorized by Revised Code of Washington 3934 to enter
into agreements for the joint exercise of governmental powers.
NOW, THEREFORE, in consideration of their mutual promises set out in this
Agreement, Greep River College arid the City agree as.follows:
1. Term of Agreement
The term of this Agreement shall commence on the Effective Date and shall terminate on
December 31, 2018,unless otherwise teiminated pursuant to the provisions in section 6 of
this agreement.
2. Scope of Services by Contractor
Page 22 of 37
2,1. GRC agees to perform, in a good and professional manner, the tasks described in
Exhibit A, attached hereto and incorporated herein by this reference. (The tasks
described on Exhibit A shall be individually referred to as a"task," and collectively
referred to as the"services.")
2.2. GRC shall be responsible to provide work products and services of a quality and
professional standard acceptable to the City.
2.3. GRC hereby represents and warrants that it has all necessary licerises and certifications
to perform the Services described in Exhibit A, and is qualified to perform such services.
3. City Obligations
In a tixnely manner that does not delay the services provided by GRC, the City shall:
3..1, Designate in writing a person to act as the City's representative with respect to the
services who has complete authority to transmit instructions, receive information,
interpret and define the City's policies, and make decisions regarding the services
provided by GRC.
3,2; Furnish GRC with all information, criteria, objectives, schedules, and standards for the
project(s)necessary for GRC to provide the services described in Exhibit A.
33. Arrange for access to City property or facilities as needed by GRC for the provision of
services as described in Exhibit A.
3.4: Examine and evaluate all studies;reports, memoranda, plans, sketches, and other
documents prepared by GRC and to fimely render decisions regazding such documents
to prevent a delay in the provision of services as described in Exhibit A.
4. Compensation
41. Compensation for the GRC's perforinance of the services described in Ezhiliit A, the
City shall pay the GRC the fees and costs specifieii in Exhibit B, attached hereto and
incorporated herein by this reference, or as specified in an addendum.
4.2. GRC shall submit to the City an in4oice or statement of time spent on tasks inclnded in
ttie scope of work described in Section 2.
4.3. After receipt of an invoice from GRC, the City shall process the invoice in thenext
billing/claim cycle and remit payment to GRC thereafter in the normal course of
business, subject to the terms of this Agreement.
Page 2 of 7 Page 23 of 37
5. Termination
The City may terminate this Agreement upon seven (7) days' written notice if tHe servides
described in Exhibit A aze no longer needed from GRC; provided that GRC shall be
compensated for services provided through the end of the following month at the rate
described in Exhibit B.
6. Insurance Coverage, Indemriification, and Hold Harmless
6.1 GRC shall maintain insurance coverage, whether through the commercial insurance
mazket, an insurance pool, self-insurance, or a combination thereof, adequate to meet the
obligations of this Agreement, including the indemnifications contained herein, and
contractual liability coverage of applicable leases, licerises,permits, or agreemeiits.
b;2 Each party to this agreement shall be responsible for its own acts and/or omissions and
those of its officers, employees and agents. No party to this agreement shall be responsible
for the acts and/or omissions of entities or individuals not a party to this agreemerit. GRC
sha11 indemnify and Hold hazmless the City froin all claims, costs, damages, or experises
arising out of the negligence of GRC. Likewise,the City shall indemnify and hold harmless
GRC from all claims, costs,damages;ar expenses arising out of the negiigence of the City.
In the case of negligence of both the City and GRC, any damages allowed shall be levied
in proportion to the percentage of negligence attributable to each party.
7. Miscellaneous
7.1. Choice of Law; This Ageement shall be deemed to be made and construed in accordance
with the laws of the State of Washington. Jurisdiction and venue for any action arising out
of tlus Agce.ement sha11 be in King County, Washingtdn.
7.2: Captions & Headings: The captions in this Agreement aze for convenience only and do
not in any way limit or amplify the provisions of this Ageement.
7.3. Relationship of the Parties: Unless otherwise specifically provided herein, no separate legal
entity is created hereby, as each of the parties is coniracting in its capacity as a municipal
corporation of the State of Washington. The identity of the parties hereto is as set forth
hereinabove. No provision of this Agreement sHall relieve either paity of its public agency
obligations and/or responsibilities imposed by law.
7:4. Severability: If any term or provision ofthis Agreement or the applicarion thereof to any
person or circumstance sha11,to aciy extent,be Held to be invalid or iinenforcea6le liy a final
decision of any court having jurisdicfion on thematter, the remainder of this Agreement or
the applicafion of such term or provision to persons or circumstances other than those as to
which it is held invalid or unenforceable shall not be affected thereby and shall continue in
full force and effect, unless such court detennines that such invalidity or unenforceability
materially interferes with ar defeats the purposes hereof, at which time either party shall
have the right to terminate the Agreement.
Page 3 of 7 Page 24 of 37
7.5. Ifitegarion: This Agreement constitutes the entire agreement between the parties as to the
leasing of the Premises. No modifications or amendments of this Agreement shall be valid
or effective unless evidenced by an agreement in writing signed by both parties.
7.6. Interpretation: Interpretation or construction of this Agreement shall not be affected by
any determination as to wlio is the.drafter of this Agreement, this Agreement having been
drafted by mutual agreement of the parties.
7.7. Force Majeure: No party to this Agreement shall be held responsible for delay or default
caused by terrorism, natural disasters, riots, acts of god and/or war that is beyond fhe
reasonable control of the parties.
7.8. Waiverc The failure of either party at any time to require performanceby another party of
any provisions of this Agreement will in no way affect the party's subsequent riglits and
obligations under tHat provision, and waiver by any paity of the breach of any provision
of this Agreement shall not be taken or held to be a waiver of any succeeding breach of
such provision or as waiver of such provision itself.
8. Notices, Reports & Correspondence
8.1, All norices or communications permitted or reguired to be given under this
Agreement shall be in writing and shall be deemed to have been duly given if
delivered in person or deposited in the United States mail, postage prepaid, for
mailing by certified mail,.retnin receipt requested, and addressed, if to a party of tHis
Agreement, to the addrass for the party set forth above, or if to a person not a party to
this Agreement, to the address designated by a partyto this Agreement in the
foregoing manner.
8.2. Any party may change His,Her or its address by giving notice in writing stating his,
her or its new addreSs, to any other party, all pursuant to the procedure set forth in
this section of the Agreement.
83. All notices, reports, and correspondence shall be sent to:
Citv of Auburn Contractor
Doug Lein Lesiie Moore
Auburn City Ha11 12401 SE 320`1' Street
25 West Main Aubum, WA 98092
Auburn, WA 98001-4998 253) 288-3375
253) 931-3000
F (253) 288-3132
9. Signature Authority
Page 4 of 7 Page 25 of 37
This Agreement may be executed in multiple counterparts, each of which shall be one and
the same Agreement and sHall b.ecome effective when one or mare counterparts hade been
signed by each of the parties and delivered to the other party.
IN WI'TNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN GREEN RIVER COLLEGE
Nancy Backus, Mayor Leslie Moore, Dean of Branch Campuses
and Continuing Studies
Attest:
Danielle Daskam, City Clerk
Approved as to form:
el B. H ' ity Attorney
Page 5 of 7 Page 26 of 37
EXHIBIT A
Scope of Service
In2018 the Small Business Ceriter will focus on Anburn clients recommended to the Center by
the City and local banks. Small Business billable hours are calculated at $135 per hour. For a
20,000 grant, Aubum will receive a minimum of 148 hours of direct client services,
Client hours are calculated for one-on-one technical assistance and for presentations and
worKshops. Client needs differ in levels of assistance in a given year so the conrinuation of
clients yeaz to yeaz is expected. Client services wonld take place at the GRC Aubuin Center and
at the Downtown Incubator.
As all clients aze.self-selecting, this is the best SBDC estimation of impacts over a 12-month
period based on previous years of experience. Actual results aze based on a number of factors,
not all of which are dnder the control of the SBDC.
Confidentiality is a chief concern in reporting on SBDC activities. Reporting forms will identify
clients by number only and not by company name or owner. Clients referred to the Small
Businass Cerifer by the City, and who sign a waiver, will be reported by name.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
Tlie Small Business Center will focus on these areas ofseivice per the City of Aubnin request:
Business Management
Mazketing Strategies
Financial and cash flow management
Business Plan Development
Each of the classes above will be taught at the Auburn Incub:ator Site at the Auburn Train
Station;one two hour class per month from April-December 2018. The yearly schedule will be
determined and publicized on the City's website. In addition, Business Advisors will participate
in quarferly panel bu9iness discnssioris when invited to do so, schedule perrriitUng.
Business counseling sessions shall be available at no cost to the client.
The corisultant shall provide quarterly reports to the City and an in-person meeting to discuss
services provided arid outcomes. Activity reports will be sent quarterly. Billing for seivices will
be sent in four$5,000 installments in accordance with the billing in Exhibit B,per City request.
Consultant further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices in effect at the fime those serdices
are performed.
Page 6 of 7 Page 27 of 37
EXHIBIT B
Costs
Compensation for the Contractor's services shall be$20,000:00 for the term of this Agreement,
as follows:
1. Compensation shall be paid according to the following:
1) Five Thousand Dollars ($5,000) upon Commencement of this Agreement
2) Five Thousand Dollars ($5,000) on June 1, 2018
3) F'ive Thotiisand Dollars ($5,000) on August 1, 2018
4) Five Thousand Dollars ($5,000) on October 1, 2018
2. Invoices shall be submitted at the end of the month proceeding payments being due.
Quarterly reports will be sent in April, July, October and December and include activitiesby
reference nuiriber and task in Extiibit A.
3. Upon receipt of the invoicing described in Section 5.2 of this Agreement, the City shall remit
to the party providing the invoice:
Page 7 of 7 Page 28 of 37
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5369 (Gaub)
Date:
May 14, 2018
Department:
CD & PW
Attachments:
Res olution No. 5369
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5369.
Background Summary:
Resolution No. 5369 authorizes the Mayor to accept a federal grant in the amount of
$881,800.00 to finance the design, environmental permitting, and construction phases of the
A Street SE Preservation Project. This grant requires a 50% local funding match which is
included in proposed budget amendment #6.
This project will grind and overlay A Street SE from East Main Street to 17th Street SE,
remove unused driveways, and upgrade curb ramps and pedestrian signals (as necessary) to
meet ADA requirements.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:May 21, 2018 Item Number:RES.C
Page 29 of 37
RESOLUTION NO. 5 3 6 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTFiORIZING THE MAYOR TO
ACCEPT FEDERAL GRANT FUNDS TO BE ADMINISTERED
THROUGH THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION FOR THE A STREET SE PRESERVATION
PROJECT
WHEREAS, the Ci4y desires to improve safe4y, capacity, and efficiency of 4he City's
street network throughout Auburn; and
WHEREAS, the need for the 'A' Street SE Preservation Project is recognized in
Aubum's adopted Transportation Improvem.ent Program; and
WHEREAS, completing each of this project will improve safety, capacity, and
efficiency of the City's street network; and
WHEREAS, the City applied forand was awarded the following federal grant to be
administered by the Washington Sfate Department of Transportation (WSD.OT) with
required local funding match percentage as indic.ated:
881,800.00 to finance the design, en ironmental permitting, and construction
phases of the 'A' Street SE Preservation Project (50% local funding match
required);
and
WHEREAS, funding has been made available in the approved City budget to meet
the local funding match requirem.ents for#he grant; and
WHEREAS, it is in the best interest of the City to use grant monies to finance
capital improvements to the transportation system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follovus:
Resolufion No. 5369
May 9, 2018
Page 1 Page 30 of 37
Section L That the Mayor is hereby authorized to accept the federal grant for
881,800.00 fo the 'A' Street SE Preservation Project. The Mayor is further hereby
authorized to negotiate, finalize and execute the Local Agency Agreement between the
Gity and the Washington State Department of Transportation (WSDOT), in conformity
with the WSDOT grant and in substantial conformity with the grant agreement template
attached hereto, marked as Exhibit A and incorporated herein by this refererice. The
Mayor is further hereby authorized to negotiate, finalize and execute any further
supplemental agreements consistent with project and grant requirements as may be
necessary for any and all future phases of the Project, expending up to the total amount
of the grant.
Section 2. That the Maybr is authorized to implement such other administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of 2018.
CITY OF AUBURN
4TTESl":
NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
APP \ED FORM•
Danie . ei , i y ne
Resolution No. 5369
May 9, 2018
Page2 Page 31 of 37
Exhibit A
Local Agency Agreement
Agency CFDA No.20.205
Catalog or Federal DomesticAssistance)
Address
ProJect No.
Agreement No.
For OSC WSDOT Use Only
The Local Agency having wmplied, or hereby agreeing to comply,with the tertns and conditions set forth in(1)Title 23, U.S. Code
Highways, (2)the regulations issued pursuant thereto, (3)2 CFR Part 200, (4)the policies and procedures promulgated by the
Washington State Departrnent of Transportation, and(5)the federal aid projed agreement entered into between the State and Federal
Government, relative to the above project,the Washington State Department of Transportation will au4horize the Local Agency to
proceed on the project by a-separete notification. Federal funds which are to be obligated for the project may not exceedthe.amount
shown herein on line r,column 3,without written authonty by the State, subjed to the approval of the Federal Highway Administration.
All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name Length
Termini
Description of Work
ProjectAgreement End Date Claiming Indirect Cost Rate
Proposed Advertisement Date Yes No
Es o i
Type of Work
2) 3)
EstimatedTotal EstimatedAgency EstimatetlFederal
ProectFunds Funds Funds
PE
o a.A e
b. h r
Federal P,id c.Oth r
Par6cipation
SRatioforPE
0.00 0.00 0.00TIstEi +b.c:e
Rig t o a f. n
Federal Aid hParticipation
Ratio for RW i.S
Cast Es im r +n« 0.00 0.00 0.00
Construction k.C n
I.Otlter
m..0 her
Federal Aitl n. h r
ParGcipation
ARafioforCN
Sta e
T al N st Es ima e kd«nm 0.00 0.00 0.00
c Total ro'ec Cos Es imate e 0.00 0.00 0.00
Agency Official Washington State DepaRment of Transportation
By By
Title Director, Local Programs
Date Executed
DOT Form 140-039 Page 1
Revised 05l2015 Page 32 of 37
Construction Method of Financing (Check Method Selected)
State Ad and Award
Method A-Advance Payrtient-Agency Share of fotal construction cost(based on contract award)
Method B-Withhold from gas tax the Agency'sshare of total construction coast (line 5, column 2) in the amount of
at$ per month for months.
Local Force or Local Ad and Award
Method C -Agency cost incurred wi4h 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 lite federal funds obligated, it accepts and will comply with the applicable provisions
set foRh below.Adopted by official action on
Resolution/Ordinance No.
Provisions
I.Scope of Work
The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described anii set
forth in detail in the"Project Description"and"Type of Work."
When the State acts for and on behalf of the Agenoy,the State shall be deemed an agent of the Agency anii shall perforrn the
services descritied 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 anG the FeGeral Highway Administration.
When the State acts for the Agency but is not subjed to the right of control by the Agency, the State shall have the nght to perfortn
the work subject to the ordinary procedures of the State and Federal Highway Administretion.
II..Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Govemment 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 contrad,the
State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and
awards the projed,the State shall review the work to ensure conformity with the approved plans and specifications.
III. ProjectAdminisVation
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 fumish qualified personnel for the supervision and inspedion of the work in progress.On
Local qgency advertised and awarded projecfs,the supervision and inspection shall be limited to ensuring all work is in wnformance
with approved plans,specifications, and federal aid requirements.The salary of such engineer or other supervisorand aIl 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.Avaiiability 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 local government accounting procedures prescrib ed by the Washington State Auditor's Office, the U.S. Departrnent of
Trensportation, and the Washington State Department of Transportation. The reco ds sFiall be open to inspection tiy tFie State and
Federal Govemment at all reasonable times and shall be retained and made available for such inspection for a period of not less ttian
three years from the final payment of any federal aid funds to the Agency. Copies of said records stiall be furnished to the State and/or
Federal Government upon request.
V.Compliance with Provisions
The A gencysh all not inwr any federal aid participation costs on any ctassification of work on this p'roject until authorized in writing
by the State for each classification.The classifications of work for projects are:
1. Preliminary engineering.
2, Right of way acquisiGon.
3. Prajec[construction.
Once written authorization is given,the Agency agrees to show continuous progress through monfhly billings. Failure to show
continuous progress may result the Agency's prajed becoming inactive,.as described in 23 CFR 630, and subject to de-obligation of
federal aid funds and/or agreement closure.
If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the
close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized,the Agency will repay to
Me State the sum or sums of federal funds paid to the Agency under Me terms of this agreement(see Section IX).
If adual wnstruction of the road for which right of way has been purchased is not started by tlie close of the tenth fiscal year
following the fiscal yearin which the right of way phase was authorized,ttie Agency wilF repay to the State the sum or sums of federel
T grcn1a0OsgAgency
under the terms of this agreement(see Section IX).
Pa9e 2
Revised 05/2015 Page 33 of 37
The Agency agrees that all stages of construotion necessary to pro4ide th e initially planned complete faoilily within tFie limits of this
project will conforrn 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 feCeral aid participation.
The Agency agrees that on federal aid highway construction projects,the current federal aid regulationswhich 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 contred within the contract time.
VI.Payment and Partial Reimbursement
Th'e total cost of the project, including all review and engineering costs antl other expenses of the State, is to be paid by the Agency
antl tiy the Fede al Government. Federal funding shall b:e in accordance with tbe Federal Transportation Rct, as amended,2 CFR Part
200.The State shall not be ultimately responsible for any of the cosGs of th e project.The Agency stiall be ultimately responsible for all
costs associated with the project which are not reimbursed by the Federal Govemment. Nothing in this agreement shall be construed as
a promise 6y the State as to the amount or nature of federal participation in this project.
The Agenoy shall bill the 4tate for federal aid project costs.incurred in.conformity with applicable federal and state laws.The agency
shall minimize the time elapsed between rece_ipt.of fe:deral aid funtls and su6sequent payment of incurred costs. ExpendituTes by the
Local Agency for maintenance,general administration,4upervision, and otfier oJerhead shall not tie eligible for federal participation
unless a cuRent indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200-Unifortn Admin
Requirements,.C.ost Prinoiples and Audit Reguirements for Fetleral Awards,and Petained for audit.
The State wiil pay for State incurred costs on the projed. Following payment,the State shall bill the Federal Godernment for
reimbursement of those costs eligible for federal participation to the eztent 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 Godernment(see
Section IX).
1..Project Constructian Casts
Project construction financing will be accomplished by one of the three methods as indicated in this agreement.
MethodA.—The Agency will place with the State,within (20)days after tlie execution of the construction contract, an advance in the
amount of the Agencys share of the total construction cost based on the contract avJard.The State will notiy the Agency of fhe exact
amount to-be deposited with the State. Ttie State will pay all costsincurcetl under the contract upon presentation of progressbillings
from the contraotoc Following such payments,the State will submit a billing to the Fetleral Government for the federal aid participation
ghare.of the cost.When the project is substantially completed and final actual costs of the project can be determined,the State will
present the Agenqy with a final billing showing the amount due the State or the amount due the Agency.This billing will tie cleared by
either a payment from tlie Agency to tRe State or by a refund from the State to the Agency.
Mettiod B—The Agency's share of the total constNction dost as sliown on the face of this agreement shall be withheld from its
monthly fuel tax allotments.Th e face of this agreement establish-es the months in which the withholding shall take pface antl the exact
amount to be withheld each month.The extent of withholding will be confirmed by letter from the State at the time of contract award.
Upon r,eceipt 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.
Metfioil C—Ttie Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once
permonth for those costs eligible for Federal participation to the extent tliat such costs are directly attributable and properly allocable
tothis projed. Expenditures by the Local Agency for maintenance, general administration, supervision,and other overhead shall not be
eligible foPFederal.participation unless claimed under a.previously approved indired cost plan.
The State shall reimburse tFie Agency for tHe Federel share of eligible project costs up to the amount shown on the fa6e of this
agreement.At tfie time of audit,the Agency will provide documentation of all costs incurred on the project.THe State shall bill the
Agency for all costs incu red 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 fo federal participation(see Section IX).
VII.Audit of Federal Consultant Contraets
The Agency, if services of a consultant are required,shall be responsible for audit of the consultanYs reco ds to detertnine 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 auiiit stiall be conducted by the WSDOT Internal Audit Office in 9ccordance wittrgenerally accepted goveminental auditing
standards as issuedby the United States General Accounting Office 6y tfie Comptroller General of the United States;WSDOT Manual
M 27-50, ConsultantAuthorization, Selection, and Agreement.Administration; memoranda of understanding belween WSDOT and
FHWA; and 2 CFR Part 200.501 -Audit Requirements.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred,the Agency shail
reimburse the State for the amount of such overpayment or excess participation(see Section IX).
VIII,Single Autllt Act
The Agency, as a subrecipient of federal funds,shall adhere to the federel regulations outlined in 2 CFR Part 200.501 as well as all
applicable federel and state statutes and regulations.A subrecipient who expends$750,000 or more in federal awards from all sources
during a given fiscal year shall FiaVe a single or program-specific audit performed for that year in accordance with the proJisions of 2
CFR Part 200.501. Upon conclusion of the auGit,the Agency shall be responsible for ensuring that a copy of the report is transmitted
promptly to tlie State.
DOT Form 140-039 Page 3
Revised 05/2015 Page 34 of 37
IX.Payment of Billing
The Agency agrees 4hat 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 reimbursementof the fotal sum due from the regular monthly fuel tax allofinents to
the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is r@ceiyed unless
othern!ise direoted by the Director, Local Progrems.
Project Agreement End Date-This date is based on your projects Period of Performance(2 CFR Part 200.309).
Any costs incurred after the ProjectAgreemerit End Date,areNOT eligible for federal reimtiursement.All eligible costs incur ed prior
fo theProject Agreement End Date must be sutimitted for eimbursement within 90 days after the Project Agreement End Date o they
begome ineligible for federal reimbursement.
X.Treffic 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
withoutprior approval of the State and.Federal.Highway.Administration.The Agency will not install or permitSo be installed any signs,
signals, or markings not in conformance with the standards approved.by the Federal HighwayAdministration and MUTCD.The Agency
will, at its own expense, maintain the improvement covered by this agreement.
XI.Indemnity
The Agency shall hold the Federal Govemment and the State harmless from and shall process and defend at its own expense
all claims,demands, orsuits,whether at law or equity 6rought 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 oontract
connected with this agreement, or aYising by reason of the participation of the State or Federal Godernment in tfie project, PROVIDED,
nothing herein shall require the Agency to reimtiurse.the State or the Federal Government for damages arising out of bodily injury to
personsor damage to property caused by or resulting from the sole negligence of the Federal Government or the State.
XII.NondiscriminationProvision
No liability shall attach to the State or Federal Government except as,expressly provided herein.
The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-
assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency
shall take.all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of
USDOT-assisted contracts and agreements.The WSDOT's DBEprogram, as required by 49 CFR Part26 and as approved by USDOT
is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its tertns
shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program,the
Departmentmay imposesanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement.under
18 U.S.C. 1Q01 and/or the Program Fraud Civil Remedies Act of 1986(31 U:S. C. 3801 et seqJ.
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 fhe rules and regulations of the Secretary of Labor in 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,.orguarantee or understanding pursuantYo.any federal program involving such grant, contract, loan, insurance,.orguarantee,
the required contract provisions for Federal-Aid Contrects(FHWA 1273), located in Chapter 44 of the Local Agency Guidelines.
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.
TheAgencyalso 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 releyant orders of the Secretary of Labor.
2)To furnishihe5tate such information as it may re_quire for the supervision.of such compliance and tliat it will otFienvise assist the
S(ate in the discharge of its pnmary responsibility for gecuring compliance.
3)To refrain hom entering into any contract or contract modification subject tofxecutive Order 11246 of September 24, 1965,with
a co:nt actor de6arFed from, or who tias not demonstrated eligibility for go4emment contracts and federally assisted cohstruction
contrects pursuant to the Executive Order.
4)To.carry out such sanctions and penalties for violation-bf the equal opportunity clause as may.be imposed upon contractors
and suboontractors 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:
a)Cancel,terminate, or suspend this agreement in whole or in part;
b)Retrain from eMending any further assistancelo the Agency.under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance hasbeen received from the Agency; and
c) Refer the case to the Department of Justice for appropriate legal proceedings.
DOT Form 140-039 Page 4
Revised OS/2015 Page 35 of 37
XIII.,Liquidated Damages
The Agency hereby agrees.that the liquidated damages provisions of 23 CFR Part 635, Subpart 127,as supplemented,relative to
the.amount of Federal participation in the projed cost, shall be applicable in the event the contractor fails to complete the coMractwithin
the contrect time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in
accordance wifh this paragraph.
XIV.Termination 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 federal funding becomes unavailable.through failure.of appropriation or othenvise.
2)The contractor is prevented hom proceeding with the work as a direct resuit 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 Govemor of
the State with respect to the preservation of energy resources.
3)The contractor.is prevented irom proceeding with the work by reason of a preliminary, special,or permanent restraining
order of a court of competentjurisdiction 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 is notified by the Federal Highway Administration that the project is inactive.
5)The Secretary determines that such tertnination is in the best interests of the State.
XV:Venue for Claims and/or Causes of Action
For the convenience of the parties to this contrad, it is agreed that any claims and/or causes of action which.theLocal Agency
has against the.State of Washington,growing out of fhis contract or the project with which it is concerned,shall be brought only in the
Superior Court for Thurston Counry.
XVI.Certi£cation Regarding the Restrictions of the Use of Federa,l.Funds for Lobbying
The approving authority certifies,to the best of his or her knowledge and belief,tliat:
1)No federal appropriated funds have been paid or wili be paid, by or on behalf of the undersigned,to any person for influencing or
attempting fo 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 the awarding of any federal contract,the making of anyfederal 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 contrad, grant, loan, or cooperative agreement.
2)If any funds other than federal appropriated funds have been paid or wiil be paid to any person for influencing or attempting to
influence an officer or emp oyee of any federal agency, a member of Congress,an officer or employee ot Congress,or an employee
of a member of Congress in connec[ion wRhthis federal contrect,grant, loan,or woperative agreement,the undersigned shall
complete and submit the Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instrudions.
3)The undersigned shall require that the language of this cartification be included in the award documents for all subawards at
all tiers(including subgrants, and contracts and subcontrads under grants, subgrants, loans, and cooperative agreements)which
exceed$100,000, and that all such subrecipients shall certify and disclose accordingly.
This certifcation 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 Sedion 1352,Ttle 31, U.S.
Code.Any person who fails to file the required certification shall be subjed to a civil penalty of not Iess than$10,000 and not more ttian
100,000 for each such failure.
XVII.Assurances
Looal agencies receiving Fede al funding from the USDOT or its opereting administretions(i.e., Federal Highviay Administration,
Federal TransitAdministration, Federal Aviation Administration)are required to sutimit a written policy statement,signed by the Agency
Executive and addressed to the State, documenting that all programs, activities, and ser4ices will be conducted in compliance with
Section 504 and the Americans with Disabilities Act(ADA).
Additional Provisions
DOT Fortn 1400.039 Page 5
Revised 05/2015 Page 36 of 37
A Street SE Preservation Project - Phase 3 (East Main St to 17th St SE)
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
5/4/2016
tion Project - Phase 3 (East Main St
(East Main St to 17th St SE)
Page 37 of 37