HomeMy WebLinkAbout5290 R�SO�tJTION NO. 5290
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
ACCEPT FEDERAL GRAIVT FUIVDS TO BE ADMINISTERED
THROUGH THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION FOR THE A ST SE CORRIDOR SIGNAL
SAFETY & OPERATIONS IMPROVEMENTS PROJECT
WHEREAS, the City desires to improve safety, capacity, and efficiency of the City's
street network throughout Auburn; and
WHEREAS, the need for the improvements in the A St. SE Corridor Signal Safety
& Operations Improvements Project is recognized in Auburn's adopted Transportation
Improvement Program; and
WHEREAS, completing this project will improve safety, capacity, and efficiency of
the City's street network; and
WHEREAS, the City applied for and was awarded the following federal grant to be
administered by the Washington State Department of Transportation (WSDOT) with
required local funding match percentages as indicated:
• $412,650.00 to finance the design, environmental permitting, and construction
phases of the A St. SE Corridor Signal Safety & Operations Improvements
Project (10% local construction funding match required);
WHEREAS, funding has been made available in the approved City budget to meet
the local funding match requirements for the grant; and
WHEREAS, it is in the best interest of the City to use grant monies to finance
capital improvements to the transportation system.
Resolution No. 5290
April 3, 2017
Page 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTOIV, HEREBY RESOLVES as follows:
Section 'i. That the iViayor is hereby authorized to accept the federal grant for
which the City has sought federal funding and has been awarded for the A St. SE Corridor
Signal Safety & Operations Improvements Project. The fVlayor is further hereby
authorized to negotiate, finalize and execute the Local Agency Agreements between the
City and the Washington State Department of Transportation for the design phase for
each of the above identified projects, in substantial conformity with grant requirements
and the agreement attached hereto, marked as Exhibit A and incorporated herein by this
reference. 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 for each of the Projects, expending up to the
total amount of the grant. �
Section 2. That the Mayor 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 �7 day of , 2017.
CITY OF AUBURN
N N CY BA
MAYOR
Resolution No. 5290
April 3, 2017
Page 2
ATTEST:
'� �
� Danielle E. Daskam,
City Clerk
APP 4VED AS TO FORM:
iel B. H ' ,��
City Attorney
Resolution No. 5290
April 3,2017
Page 3
� ��� ��e , �.
� ,� : Local l�gency Agreernent
�,�` �+��r�nee��rf"�n�p�►r��
Agency City of Auburn CFDA No,20.205
(Catalog or Federal Domestic Assistance)
Address
25 West Main St. ProjeCt IVo.
Auburn,WA 98001
Agreement ido.
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)2 CFR Part 200,(4)the policies and procedures promulgated bythe
Washington Sta.te Department of Transportation,and(5)the federal aitl project agreement entered into befinreen 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 A Street SE Corridor Signal Improvements Length N/A
Termini 3rd Street SE to E Valley Hwy Access Road
Description of Wor6c .
This project will improve intersection traffic signal timing and operations,corridor coordination,traffic signal head visibility,and
ADA accessibility along the A St SE Corridor between 3rd St SE and East Valley Highway Access Road.
ProjectAgreement End Date December 31,2019 Claiming Indirect Cost Rate
Proposed Advertisement Date February 22,2018 ❑Yes �No
Est6mate of Fundin
T e of Work ��� (2) (3)
YP Estimated Total Estimated Agency Estimated Federal
Pro'ect Funds Funds Funds
pE $27,300.00 $2,730.00 $24,570.00
o a.A ene _
90 �0 b.Other -Consultant $75,000.00 $7,500.00 $67,500.00
Federal Aid ,pther -
Participation $ 1,000.00 $ 100.00 $900.00
Ratio for PE d.State _ -
To I PE s E ' +c $ 103,300.00 $ 10,330.00 $92,970.00
Right of Way
%f.A enc
.Other
Federal Aid h.Other
Participation
Ratio for RW i.S ate
'.To al Estima f $0.00 $0.00 $0.00
Constructio�Q k.Con ract
I.Other -Consultant
m.Other
Federal Aid
n.Other
Participation o.A enc.
Rafio for GN
.Stat
.T tal N Cos Estim k+�+m+n+o $0.00 $0.00 $0.00
c Total Pro'ect Cost Estimate e ' $ 103,300.00 $ 10,330.00 $92,970.00
Agency Official Washington State Department of Transportation
By By
Title Nancy Backus,Mayor Director, Local Programs
Date Executed
DOT Form 140-039 Page 1
Revised 05/2015
Construction iViethod of�inancing (Check Method Selectec!)
State Ad and Award
Method A-Advance Payment-Agency Share of total construction cost(based on contract award)
Method 6-Withhold from gas tax the Agency's share of total construction coast(line 5, column 2) in the amount of
$ at$ per month for months.
Local Force or Local Ad and Award
�/ IVlethod C-Agency cost incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures,and
as a condition to payment of hte federal funds obligated, it accepts and will comply with the applicable provisions
set forth below.Adopted by official action on
April 17 , 2017 , Resolution/Ordinance No. 5290
Provisions
I.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.
1Nhen 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 wi11 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 fumish 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 o#her 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:
1. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
Once written authorization is given,the Agency agrees to show continuous progress through monthly billings. Failure to show
continuous progress may result the Agency's project 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
the State the sum or sums of federal funds paid to the Agency under the terms of fhis agreement(see Section IX).
If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year
following the fiscal year in which the right of way phase was authorized,the Agency will repay to the State the sum or sums of federal
��T�g m 14oto�9Agency under the terms of this agreement(see Section IX). Page 2
• Revised 05/2015
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 engineering costs and other expenses of the State, is to be paid by the Ageney
and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act,as amended,2 CFR Part
200.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. IVothing 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 2 CFR Part 200-Uniform Admin
Requirements, Cost Principles and Audit Requirements for Federal Awards,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#he 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 Con4racts
The Agency, if services of a consultant are required,shall be responsible for audit of the�consultant's records to determine eligible
fiederal 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 W8DOT 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 shall
reimburse the State for the amount of such oyerpayment or excess participation(see Section IX).
VIII.Single Audit Act
The Agency,as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all
applicable federal 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 have a single or program-specific audit performed for that year in accordance with the provisions of 2 �
CFR Part 200.501. Upon conclusion of the audit,the Agency shall be responsible for ensuring that a copy of the report is transmitted
promptly to the State. •
bOT Form 140-039 Page 3
Revised 05/2015
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 by the Director, Local Programs.
Project Agreement End Date-This date is based on your projects Period of Performance(2 CFR Part 200.309).
Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement.All eligible costs incurred prior
to the Project Agreement End Dafe must be submitted for reimbursement within 90 days after the Project Agreement End Date or they
become ineligible for federal reimbursement.
X.Traffic Control,Signing,Marking,and Roadway AAaintenance
The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this projeet
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 Govemment except as expressly provided herein.
The Agency shall not discriminate on fhe 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 san�tions 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 constcuction 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 pursuanf 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 violafion of the equal opportunity clause as may be imposed upon contractors
and subcontractors by the State, Federal Highway Administ�ation,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)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.
DOT Form 140-039 Page 4
Revised 05/2015
*171 Washington State Transportation Building
Department of Transportation 310 Maple Park Avenue S.E.
P.O.Box 47300
Olympia,WA 98504-7300
June 29, 2018 360-705-7000
TTY: 1-800-833-6388
www.wsdot.wa.gov
Ms. Ingrid Gaub
City Engineer
City of Auburn RECEIVED
25 West Main Street
Auburn, Washington 98001 JUL 0 3 2018
City of Auburn
A Street SE Corridor City of Auburn
Signal Improvements COPW-Engineering Services
HSIP-1069(008)
FUND AUTHORIZATION
Dear Ms. Gaub:
We have received FHWA fund authorization, effective June 27, 2018, for this project as follows:
PHASE TOTAL FEDERAL SHARE
Construction $373,783 $319,680
The following are required to ensure compliance with federal and state requirements:
• Advertisement of the project within six weeks of construction authorization.
• Submit the Award Data to the Region Local Programs Engineer prior to construction start.
• Show continuous project progress through monthly billings, until the project is complete.
Failure to show continuous progress may result in the project becoming inactive per 23
CFR 630.106(a) (5) and subject to de-obligation of all federal funds and agreement closure.
Enclosed for your information and file is a fully executed copy of Supplement Number 1 to Local
Agency Agreement LA-9074 between WSDOT and your agency. All costs exceeding those shown
on this agreement are the sole responsibility of your agency. Any costs incurred after the Project
Agreement End Date shown on the supplement are not eligible for federal reimbursement. In
addition, all eligible costs incurred prior to the End Date must be billed within ninety(90) days of
the End Date or they are ineligible for federal reimbursement.
You may proceed with the administration of this project in accordance with your WSDOT
approved Certification Acceptance agreement.
Sincerely,
/ -Da/0//
roe.. Stephanie Tax
• Manager, Program Management
Local Programs
ST:jg:ml
Enclosure
cc: Mehrdad Moini, Northwest Region Local Programs Engineer,MS NB82-121
•
Local Agency Agreement Supplement a-71
to
Agency Supplement Number
City of Auburn 1
Federal Aid Project Number Agreement Number CFDA No. 20.205
HSIP-1069(008) LA 9074 (Catalog of Federal Domestic Assistance)
The Local Agency requests to supplement the agreement entered into and executed on June 21,2017
All provisions in the basic agreement remain in effect except as modified by this supplement.
The change to the agreement are as follows:
Project Description
Name A St. SE Corridor Signal Safety and Operations Improvements Length 3.8
Termini 3rd Street SE to E Valley Hwy Access Road
Description of Work ✓ No Change
Reason for Supplement
To initiate the construction phase.
Are you claiming indirect cost rate? n Yes ✓ No Project Agreement End Date October 31,2022
Does this change require additional Right of Way or Easements? Yes ✓ No Advertisement Date:June 14,2018
Estimate of Funding
Type of Work Previous (2) Estimated Total Estimated Agency Estimated)Federal
AgreementlSuppl. Supplement Project Funds Funds Funds
PE 24,570.00 24,570.00 24,570.00
100 %a.Agency
b.Other -Consultant 67,500.00 67,500.00 67,500.00
Federal Aid c. Other -Non-participating 10,330.00 10,330.00 10,330.00
Participation
Ratio for PE d.State 900.00 900.00 900.00
e.Total PE Cost Estimate(a+b+c+dl 103,300.00 0.00 103,300.00 10,330.00 92,970.00
Right of Wayf.Agency 0.00
oo
a.Other 0.00
Federal Aid h.Other 0.00
Participation
Ratio for RW i.State 0.00
j.Total R/W Cost Estimate(f+g+h+i) 0.00 0.00 0.00 0.00 0.00
90
Construction o k.Contract 333,333.00 333,333.00 33,333.00 300,000.00
I.Other Contract_Non-Participatio 3,234.00 3,234.00 3,234.00
m.Other Agency_Non-Participatio 9,230.00 9,230.00 9,230.00
Federal Aidn.Other Consultant_Non-Particip 6,119.00 6,119.00 5;440:00 �p°`
Participation
Ratio for CN o.Agency 21,367.00 21,367.00 2,137.00 19,230.00
p.State 500.00 500.00 50.00 Syloi450.00
q.Total CN Cost Estimate(k+i+m+n+o+ol 0.00 373,783.00 373,783.00 32,984.60 '� 319,680.00
r.Total Project Cost Estimate(e+j+q) 103,300.00 373,783.00 477,083.00 600 40,,.,,,,� 412,650.00
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and proedur>rs, and as a
condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions.
AgencyWficial Washington tat Department f Transportation
By By
Title M Director, Loca Program
Date Executed JUN 1 9 2018
DOT Form 140-041 Page 1
Revised 05/2015
Agency Supplement Number
City of Auburn 1
Federal Aid Project Number Agreement Number CFDA No. 20.205
1-ISIP-1069(008) LA 9074 (Catalog of Federal Domestic Assistance)
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, 2 CFR Part 200. 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 2 CFR Part 200 - Uniform Admin. Requirements, Cost Principles and Audit Requirements for
Federal Awards, 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).
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 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 shall reimburse the State for the amount of such overpayment or excess participation.
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 by the Director, Local Programs.
Project Agreement End Date -This date is based on your projects Period of Performance (2 CFR Part 200.309).
Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement.All eligible costs
incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project
Agreement End Date or they become ineligible for federal reimbursement.
VIII. Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as
well as all applicable federal 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 have a single or program-specific audit performed for that year in
accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for
ensuring that a copy of the report is transmitted promptly to the State.
XVII. Assurances
Local Agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy
statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities and
services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA).
DOT Form 140-041 Page 2
Revised 05/2015
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
accocdance 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 Govemor 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 contraetor.
(4)The Secretary is notified by the Federal Highway Administration that the project is inactive.
(5)The Secretary determines that such termination 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 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 concemed,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 i
$100,000 for each such failure.
XVII.Assurances �
Local agencies receiving Federal funding from the USDOT or its operating administrations(i,e., Federal Highway Administration,
Federal Transit Administration, Federal Aviation Administration)are required to submit a written policy statement,signed by the Agency
Executive and addressed to the State,documenting that all programs,activities,and services will be conducted in compliance with
Section 504 and the Americans with Disabilities Act(ADA).
Additional Provisions
DOT Form 140-039 Page 5
Revised 05/2015