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HomeMy WebLinkAbout4743RESOLUTION NO. 4743 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO ACCEPT' A FEDERAL GRANT TO BE ADMINISTERED THROUGH THE WASHINGTON STATE _DEPARTMENT OF TRANSPORTATION FOR THE AUBURN WAY SOUTH CORRIDOR IMPROVEMENTS, DOGWOOD STREET SE TO FIR STREET SE WHEREAS, the City desires to increase the safety of it's transportation corridors, and WHEREAS, the need for corridor improvements on Auburn Way South is recognized in Auburn's adopted Transportation Improvement Program, and WHEREAS, the City applied for and was granted a federal grant to be administered through the Washington State Department of Transportation (VVSDOT) in the amount of $100,000 to finance walking and cycling route improvements for the Auburn Way South Corridor, from Dogwood Street SE to Fir Street SE, including street lights, a mid -block crossing, a landscaped median island, accessible ramps, pedestrian push buttons and audible countdown pedestrian signal heads, education, and enforcement activities; and WHEREAS, the $100,000 federal grant does not require a local match, and Resolution No 4743 August 9, 2011 Page 1 of 3 WHEREAS, the City applied for and was granted a state Pedestrian and Bicycle Safety Program grant through the WSDOT in the amount of $740,830, which requires a $100,000 local match which will be provided by the City; and WHEREAS, purpose of the $100,000 federal grant is to supplement the $740,830 state Pedestrian and Bicycle Safety Program grant to finance walking and cycling route improvements for the Auburn Way South Corridor, from Dogwood Street SE to Fir Street SE; and WHEREAS, it is in the best interest of the City to use grant monies to finance safety improvements to the transportation system. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to accept the Washington State Department of Transportation federal grant for $100,000 for the Auburn Way South Corridor Improvements, Dogwood Street SE to Fir Street SE, with no local match funds required. In addition, the Mayor is hereby authorized to execute a Local Agency Agreement between the City and Washington State Department of Transportation in substantial conformity with the agreement attached hereto, marked as Exhibit A and incorporated herein by this reference Also, the Mayor is hereby authorized to execute any further Resolution No 4743 August 9, 2011 Page 2 of 3 r. necessary supplemental agreements for the Project, expending up to the total amount of The grant of $100,000 Section 2. The Mayor is hereby 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 ATTEST. Danielle E. Daskam, City Clerk APPROVED AS TO FORM. iel B Heid, City Attorney Resolution No 4743 August 9, 2011 Page 3 of 3 , 2011 CITY OF AUBURN _ PETER B. LEWIS MAYOR DepartrreMSMf -Transportation Agency City of Auburn EXHIBIT A Address 25 West Main Street Auburn, WA 98001 Local Agency Agreement CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Project No Agreement No. For OSC WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (I) Title 23, U S Code Highways, (2) the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A -IO2, A -87 and A -133, (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5) the federal aid project 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 r, column 3, without written authority by the State, subject to-the approval of the Federal Highway Administration All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency Project Description Name Auburn Way South Corridor Improvements Phase 1 Termini Auburn Way South (SR -164), between Dogwood Street SE to Fir Street SE Length 0.14 mile Description of Work This project will design and construct pedestrian improvements along Auburn Way South between Dogwood St SE and Fir St SE that are consistent with WSDOT's SR -164 Route Development Plan. This project includes sidewalk improvements, access management including a median island, a mid -block pedestrian crossing, street lighting, and upgrading the signal at Dogwood Street SE to countdown pedestrian signal heads and ADA compliant push buttons. Type of Work Estimate of Funding (1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated Federal Funds PE a A•enc 100 % b Other Consultant 99 000 00 99 000 00 c Other A enc non- .artici.atin• 94 000 00 94 000 00 Federal Aid d State Participation 2,000 00 1,000 00 1,000 00 Ratio for PE e Total PE Cost Estimate a +b +c +d 195 000.00 95 000.00 100 000.00 Right of Way f A•enc % • Other h Other Federal Aid i State Participation Ratio for RW Total RAN Cost Estimate f+ +h+1 Construction k Contract I Other m Other n Other ok o A•enc Federal Aid State Participation Ratio for CN • Total CN Cost Estimate k +l +m +n +o +. r. Total Project Cost Estimate a +' +. 195 000.00 95 000.00 100 000.00 Agency Official Washington State Department of Transportation By By Title peter R f .ewi Mayor Director of Highways and Local Programs Date Executed DOT Form 140 -039 EF Revised 05/09 1 Construction Method of Financing (Check Method Selected) State Ad and Award ❑ Method A - Advance Payment - Agency Share of total construction cost (based on contract award) ❑ Method B - Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of $ at $ per month for months Local Force or Local Ad and Award ® Method C - Aaencv 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 August 15 2011 , Resolution /Ordinance No Resolution No 4743 Provisions I. Scope of Work The Agency shall provide all the work, labor, matenals, and services necessary to perform the project which is described and set forth in detail in the "Project Description" and "Type of Work " When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in "Type of Work" on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration II. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government 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 contract, 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 project, the State shall review the work to ensure conformity with the approved plans and specifications Ill. Project Administration 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 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, specifications, and federal aid requirements The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescnbed by the Washington State Auditor's Office, the U S Department of Transportation, and the Washington State Department of Transportation The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency Copies of said records shall be furnished to the State and/or Federal Government upon request V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authonzed in writing by the State for each classification The classifications of work for projects are DOT Form 140 -039 EF Revised 05/09 2 I Preliminary engineenng 2 Right of way acquisition 3 Project construction 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 closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX) The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform 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 participation 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 engineenng costs and other expenses of the State, is to be paid by the Agency and by the Federal Government Federal funding shall be in accordance with the Federal Transportation Act, as amended, and Office of Management and Budget circulars A -102, A -87 and A -I33 The State shall not be ultimately responsible for any of the costs of the project The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in the federal Office of Management & Budget (OMB) circular A -87, and retained for audit The State 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 IX) 1 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 — The Agency's share of the 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 withholding 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 duplicate, 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 maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement At the time of audit, the Agency will provide documentation of all costs incurred on the project The State shall bill the Agency for all costs incurred by the State relative to the project The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX) V1I. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project The report of said audit shall be in the Agency's 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 Manual M 27 -50, Consultant Authorization, Selection, and Agreement Administration, memoranda of understanding between WSDOT and FHWA, and Office of Management and Budget Circular A -133 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 IX) VIII. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal Office of Management and Budget (OMB) Circular A -133 as well as all applicable federal and state statutes and regulations A subrecipient who expends $500,000 or more in federal awards from all sources during a given fiscal year shall have a single or program- specific audit performed for that year in accordance with the provisions of OMB Circular A -133 Upon conclusion of the A -I 33 audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State IX. Payment of Billing The Agency agrees that 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 reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund No additional Federal project funding will be approved until full payment is received unless otherwise directed the Director of Highways and Local Programs DOT Form 140 -039 EF Revised 05/09 3 X. 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 pnor approval of the State and Federal Highway Administration The Agency will not Install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD The Agency will, at its own expense, maintain the improvement covered by this agreement XI. 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 Govemment, 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 bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State XII. Nondiscrimination Provision 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 DBE program, as required by 49 CFR Part 26 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 terms shall be treated as a violation of this agreement Upon notification to the Agency of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U S C 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U S C 3801 et seq ) The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor 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, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal -Aid Contracts (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 The Agency also agrees (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor (2) To furnish the State such information as It may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part ❑, 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) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency, and (c) Refer the case to the Department of Justice for appropriate legal proceedings 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 project cost, shall be applicable in the event the contractor falls 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 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 otherwise (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the Interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor (4) The Secretary determines that such termination is in the best interests of the State DOT Form 140 -039 EF Revised 05/09 XV. Venue for Claims and /or Causes of Action For the convenience of the 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 project with which it is concerned, shall be brought only in the Superior Court for Thurston County XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and belief, that (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or employee of any 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 agreement, the undersigned shall complete and submit the Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U S Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure Additional Provisions 4 AIM _ TI/ Department of Transportation Agency City of Auburn PANI Address 25 West Main Street Auburn, WA 98001 Local Agency Agreement CFDA No. 20.205 (Catalog of Federal Domestic Assistance Project No <P- 50- owl" `) Agreement No. For OSC WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U S Code Highways, (2) the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A -102, A -87 and A -133, (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5) the federal aid project 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 r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency Project Description Name Auburn Way South Pedestrian Improvements; Dogwood St SE to Fir St SE Length 0.14 mile Termini Auburn Way South (AWS) (SR -164), between Dogwood Street SE to Fir Street SE Description of Work This pedestrian safety project includes constructing a designated mid -block crossing on AWS protected by pedestrian activated rectangular rapid flashing beacon warning lights, new street lighting, relocating and /or undergrounding existing utility poles, constructing a median island to eliminate multiple left turn conflicts, upgrading the signal at Dogwood Street SE to countdown pedestrian signal heads & ADA compliant push buttons, and ITS modifications Agency 0 By Title Peter R 1,ewic Mayor icial DOT Form 140-039 EF Revised 05109 1 Washington Stat= DepFrtment of Tran$portation By Director of Highways and Local Programs Date Executed APR 182012 Type of Work Estimate of Funding (1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated Federal Funds PE ok a A.enc b Other - aM D e e- 'iiit'ffaMXA 11=11=M Federal Aid Participation Ratio for PE c Other d State e Total PE Cost Estimate a +b +c +d Right of Way ° "° f A.enc Other -7 Federal Aid Participation Ratio for RW h Other i State Total R/W Cost Estimate f +. +h +i Construction ok k Contract I Other m Other n Other o A•enc Federal Aid Participation Ratio for CN State . Total CN Cost Estimate k +l +m +n +o +. r. Total Project Cost Estimate a +' +, Agency 0 By Title Peter R 1,ewic Mayor icial DOT Form 140-039 EF Revised 05109 1 Washington Stat= DepFrtment of Tran$portation By Director of Highways and Local Programs Date Executed APR 182012 Agency: City of Auburn Project Title: Auburn Way South Pedestrian Improvements, Dogwood St SE to Fir St SE Type of Work (1) ESTIMATED TOTAL PROJECT FUNDS (2) ESTIMATED AGENCY FUNDS (3) ESTIMATED FEDERAL FUNDS (4) ESTIMATED STATE FUNDS P.E. 100 % a al b b1 b1 c c1 d e Agency_(State) Agency (Non-Participating) Other _Consultant (Federal) Other _Consultant (State) Other _Consultant (Non - Participating) Other _Education (State) Other_ Enforcement (State) State_(State) Total PE Cost Est (a thru e) $ 41,593.00 $ 41,593.00 $ 14,407 00 $ 14,407.00 State Aid Participation Ratio for PE $ 100,000 00 $ 100,000 00 $ 95,000.00 $ 95,000 00 $ 5,000 00 $ 5,000 00 $ 2,000 00 $ 2,000.00 $ 4,080 00 $ 4,080 00 $ 1,00000 $ 1,00000 $ 263,080.00 $ 19,407.00 $ 100,000.00 $ 143,673 00 Right of Way f g h i j Agency_(State) Other (Non-Participating) Other State Total R/W Cost Est (f thru j) Federal Aid Participation Ratio for RW $ - $ - $ - $ - Construction % k I m ml n n1 o p q Contract 'Other 'Other 'Other 'Other 'Other Agency State Total Const Cost Est (k thru p) Federal Aid Participation Ratio for CN r Total Project Cost Estimate (e+j +q) $ 263,080 00 $ 19,407 00 $ 100,000 00 $ 143,673 00 Construction Method of Financing (Check Method Selected) State Ad and Award ❑ Method A - Advance Payment - Agency Share of total construction cost (based on contract award) ❑ Method B - Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of $ at $ per month for months Local Force or Local Ad and Award ® Method C - Aaencv 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 August 15 2011 , Resolution /Ordinance No Resolution No. 4743 Provisions 1. Scope of Work The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the "Project Description" and "Type of Work " When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in `Type of Work" on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration II. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government 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 contract, 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 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 requested 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, specifications, and federal aid requirements The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office, the U S Department of Transportation, and the Washington State Department of Transportation The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency Copies of said records shall be furnished to the State and /or Federal Government upon request V. Compliance with Provisions 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 classification The classifications of work for projects are DOT Form 140-039 EF Revised 05/09 2 I Preliminary engineenng 2 Right of way acquisition 3 Project construction 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 closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX) The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform 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 participation in the project cost shall be applicable in the event the contractor fads 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 accordance with the Federal Transportation Act, as amended, and Office of Management and Budget circulars A -IO2, A -87 and A -133 The State shall not be ultimately responsible for an, of the costs of the project The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance mmgth the regulations outlined in the federal Office of Management & Budget (OMB) circular A -87, and retained for audit The State 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 IX) 1 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 — The Agency's share of the 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 withholding 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 duplicate, 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 maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement At the time of audit, the Agency will provide documentation of all costs incurred on the project The State shall bill the Agency for all costs incurred by the State relative to the project The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX) VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project The report of said audit shall be in the Agency's 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 Manual M 27 -50, Consultant Authorization, Selection, and Agreement Administration, memoranda of understanding between WSDOT and FI -IWA, and Office of Management and Budget Circular A -133 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 IX) VIII. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal Office of Management and Budget (OMB) Circular A -133 as well as all applicable federal and state statutes and regulations A subrecipient who expends $500,000 or more in federal awards from all sources during a given fiscal year shall have a single or program - specific audit performed for that year in accordance with the provisions of OMB Circular A -133 Upon conclusion of the A -133 audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State IX. Payment of Billing The Agency agrees that 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 reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund No additional Federal project funding will be approved until full payment is received unless otherwise directed the Director of Highways and Local Programs DOT Form 140 -039 EF Revised 05/09 3 X. 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 markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD The Agency will, at its own expense, maintain the Improvement covered by this agreement XI. 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 bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State XII. Nondiscrimination Provision 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 DBE program, as required by 49 CFR Part 26 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 terms shall be treated as a violation of this agreement Upon notification to the Agency of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U S C 1001 and /or the Program Fraud Civil Remedies Act of 1986 (31 U S C 3801 et seq ) The Agency hereby agrees that it will incorporate or cause to be Incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor 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, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal -Aid Contracts (FHWA 1273), located m 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 The Agency also agrees (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, govemment contracts and federally assisted construction contracts pursuant to the Executive Order (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part 11, 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) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency, and (c) Refer the case to the Department of Justice for appropriate legal proceedings 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 project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph 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 (I) The requisite federal funding becomes unavailable through failure of appropriation or otherwise (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor (4) The Secretary determines that such termination is in the best interests of the State DOT Form 140-039 EF Revised 05109 XV. Venue for Claims and /or Causes of Action For the convenience of the 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 project with which it is concerned, shall be brought only in the Superior Court for Thurston County XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and belief, that (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entenng 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 person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U S Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure Additional Provisions 4