HomeMy WebLinkAbout5294 RESOLUTIOiV NO. 5294.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO ACCEPT FEDERAL GRANT FUNDS TO BE
ADMINISTERED THROUGH THE WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION FOR PROJECT
NO. CP1513, 22ND STREET NE AND I STREET NE
INTERSECTION
WHEREAS, the City of Auburn desires to improve safety and efficiency of
the City's 22"d Street NE and I Street NE intersection; and
WHEREAS, the need for improvements at the 22"d Street NE and I Street
NE intersection is recognized in Auburn's adopted Transportation Improvement
Program; and
WHEREAS, completing the transportation improvement project will
improve safety and efficiency of the 22"d Street NE and I Street NE intersection;
and
WHEREAS, the City applied for and was awarded a Federal Highway
Safety Improvement Program (HSIP) grant in the amount of $940,000.00 to
finance the construction of Project No. CP1513, 22"d Street NE and I Street NE
Intersection Improvement project (20% local funding match required); and
WHEREAS, funding has been made available in the approved City
budget to meet the local funding match requirements for the grant; and
Resolution No. 5294
April 19, 2017
Page 1
WHEREAS, it is in the best interest of the City to use grant monies to
finance capital improvements to the transporta.tion 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 federal
grant for $940,000.00 for Project No. CP1513, 22"d St NE and I Street NE
Intersection Improvements. The Mayor is further hereby authorized to negotiate,
finalize and execute the Local Agency Agreement between the City and the
Washington State Department of Transportation for the constructing phase for
the project, in substanfial 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 the Project, ,
expending up to the total amount of the grant.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Resolution No. 5294
April 19, 2017
Page 2
S�
Dafed and Signed this �� day of�, 2017.
CITY OF AUBURN
NANCY BA S
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
�
D e B. e
ity Attorney -
Resolution No. 5294
April 19, 2017
Page 3
Exhibit A
�:. . ; � _
� ��h��'��°"����_ � .���� Local Agency Agreemen#
Depa�erit;of TYansport�fion
Agency City of Auburn CFDA No.20.205
(Catalog or Federal Domestic Assistance)
Address 25 West Main St
Project No.
Auburn,WA 98001
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)2 CFR Part 200,(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 fhe 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 Govemment shall be the responsibiliry of the Local Agency.
Project Description
Name 22nd St NE and I St NE Roundabout Lengfh 350 feet
Termini Intersection of I St NE and 22nd St NE
Description of Work
The project will design and construct a modern roundabout at the 22nd St NE and I St NE intersection in place of the existing
all-way stop controL The project will improve traffic operations,and will improve safety for non-motorized road-users and provide
ADA accessibility.
RrojectAgreement End Date December 31,2018 Claiming Indirect Cost Rate
Proposed Advertisement Date May 30,2017 ❑Yes �No
Es imate o
Type of Work (1) (2) (3)
Estimated Total Estimated Agency Estimated Federal
Pro'ectFunds Funds Funds
PE a.A en
�0 b.Oth r
Federal Aid c.Other
Participation d.S a e
Ratio for PE
.T IP E i $0.00 $0.00 $0.00
Right of Wa�a f.A en
r
Federal Aid h._Other
Participation
Ratio for RW i.State
'.T I $0.00 $0.00 $0.00
Construction� k.Con ra $ 1,108,OOU.00 $221,6U0.00 $886,400.0.0
20 �0 I. fher Consultant $ 15,000.00 $3,000.00 $ 12,000.00
m.Of`er
Federal Aid n.0 h r
Participation A en $50,000.00 $ 10,000.00 $40,0OO.OU
Ratio for CN $2,000.00 $400.00 $ 1,600.OU
.State
I N E ' k+l $1,175,U00.00 $235,000.00 $940,000.00
r.To al P ' st Estim te e ' $ 1,1ZS,OOU.00 $235,000.00 $940,000.00
Agency Official Washington State Department of Transportation
By � p�� By
Title Nancy Bac ,Mayor Director, Local Programs
� Date Executed
DOT Form 140-039 Page 1
Revised 05/2015
Construction Method of Financing (Check Method Selected)
State Ad and Award
Method A-Advance Payment-Agency Share of total constnaction cost(based on contract award)
Method B-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
✓ Method C-Agency co5t incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedu�es, 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
May 1 , 2017 , Resolution/Ordinance No. 5294
Provisions
I.Scope of Work
The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is descri6ed and set
forth in detail in the"Project Description"and"Type of Work."
When the Stafe 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 Stafe acts for the Agency but is not subject to the right of control by the Agency,the State shall have the rigfit to perform
fhe 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 ag�ees
that fhe State shall have the full authorityto 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 conceming the project as requested by the Ageney.If the Local Agency advertises and
awards fhe project,the State shall review the work to ensure conformity with the approved plans and specifications.
111.Project Administration
Certain types of work and services shall bs 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 confortnance
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 fhe project will be considered a cost thereof.All costs related to this project incurred by
employees of fhe State in fhe 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 bythe Washington State Auditor's Office,the U.S. Department of
Transportation,and the Washington State Department of Transportation.The records shall be ope.n to inspection by the State and
Federal Government at all reasonable times and shall be re#ained and made available for such inspection for a period of not less than
three years from the final payment of any federal aid fun.ds to the Agency.Copies of said records shall be fumished to th.e State and/or
Federal Govemment upon request.
V.Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any Gassification of work on this project until authorized'in writing
by the State for each classification,The classifications of work for projects are:
1. Preliminary enginee.ring.
2. Right of way acquisition.
3. Project construction.
Once written authorization is given,the Agency agrees to show continuous prog�ess through monthly billings. Failu►-e 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 4he fiscal yearin which preliminary engineering phase was authorized,the Agency will repay to
the State the sum or su.ms of federal funds paid to the Agency underthe terms of this agreement(see Section IX).
If actual constcuction 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 wh.ich the right of way phase was authorized,fhe Agency will repay to the State the sum or sums of federal
��T�g m�a0t�h�Agency under the terms of this agreement(see Section IX). 9
Pa e 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 cuRent federal aid regulations which apply to liquidated
damages relative to the basis of federal participation i.n 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 prqject;including all reView and engineering costs and other expenses of the State, is to be paid by the Agency
and by the Federal Govern.ment. Federal fuhding shal,l be in accordance w'ith the Federal Transportation Act, as amended,2 CFR Part
200.The State shall not be u.ltim.ately responsi6le for any of the cosfs of the project.The Agency shall be ulfimately responsible for all
costs associated with th.e project which are not reimbursed by the Federal Government. Nothing in fhis agreement shall be construed as
a promise by the State as to th.e amount.or nature offederal participation in this project.
The Agency shall bill the state for federal aid p�ojeet costs incu�red in conformity with applicable federal and state laws.The agency
shall minimize the time elapsed between receipt of fede�al aid funds and subsequent payment of incurred cosfs. 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 Frinciples and Audit Requ.irements for Federal Awards;and refained for audit.
The State will pay for State incwrred costs on the project. Following payment,the Sfate shall bill fhe Federal Government for
reimbursement of those costs eligible for federal partic.ipation to the extent that such costs are attributable and properly allocable fo
this project.The State shall bill the Agency for that portion of State costs whieh were not reimbursed by the Federal Government(see
Section IX).
1. Project Construction Costs
Project construction financing will be accomp(ished by on.e 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 eost based on ttie contract award.The State will notify the Agency of the exact
amount to be deposited with the State.The State wil.l pay all costs incurred under the contract upon presentation of progress billings
irom the contractor.Following such payments,the State will submit a billing to the Federal Government for fhe federal aid participafion
share ofthe cost.When the project is substantially completed and final actual costs of fhe project can be determined,fhe 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 c�eared by
either a payment from the Agency to the State or by a refund from the State to the Agency.
Metho.d B—The Agency's share of the total construction cost as shown on the face ofthis ag�eement shall be withfield from its
monthlyfuel tax allotments.The face of this agreement esta.blis.hes the months in which the withholding Sliall fake place and the ezact
amount to be withheld each month,The extent of withholding will be confirmed by letter frqm the State at the time of contract awaM.
Upon receipt of progress billings from the contractor,the State will s.ubmit 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 presc.ribed by the State, in duplicate,not more than once
per month for those costs eligible for Federal p.articip.ation to the ext.ent 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 app.roved in.direct cost plan.
The State shall reimburse the Agency for the Fede.ral s.hare 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 b'ill fhe
Agency for all costs incurred by the State relative to the project.The State shalt also bill the Agency for the federal funds paid by fhe
State to the Agency for projeet costs which are subsequently determined to be ineligible for federal participation(see Secfion IX).
VII.Audit of Federal Consultant Contracfs
_ _
The Agency, if services of a consultant are required,shall be responsible for audit of the consultanYs records 4o determine e(igible
federal aid costs on the project.The report of said audit shall be in the Agency's files and made available to fhe State and the Federal
Governinent.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted govemmental auditing
standards as issued by the United States General Accounting Office by the Comptroller General of the United States;WSDOT Manual
M 2.7-50, Consultant Authorization, Selection, and Agreement AdministraUon;memoranda of understanding between WSDOT and
FHWA;and 2 CFR Part200,501 -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(see Section IX).
VIII.Single Audit Act �
The Agency,as a subrecipient of federal funds,shall adhere to the federal regulations outl.ined in 2 CFR Part 200.501 as well as al.l
applicable federal and state statutes and regulations.A subrecipient who expends$750,000 or more in federa.l 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 20U.501. Upon conclusion of the audit,the Agency shall be responsible for ensuring that a copy of the report is transmitted
p�omptly to the State.
DOT 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 effecf reimbursement ofthe total sum due from the regular mo.nthly 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
ofherwise 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 Froject Agreement End Date are NOT eligible for federal reimbursement.All eligible costs incurred prior
fo the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they
become ineligible forfederal reimbursement.
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 fraffic control on this project
without priorapproval of the.State and Federal Highway Administration.The Ageney 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.TheAgency
will, at its own expense, maintain the improvement covered by this agreement.
Xl.lndemnity
The Agency shall hold the Federal Government and the State ha.rmless 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 ftom the
Agency's execution,pertormance, 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,
nofhing herein shall require the Agency to reimburse the State or the Federal Gove.rnment for damages arising out of bod'ily injury to
persons or damage to property caused by or resulting from the sole negligence ofthe Federal Government or the State.
XIL Nondiscrimination Provision
No liabiliry shall attach to the State or Federal Govemment except as expressly provided herein.
The Agency shall not discriminate on the basis of race,col.or, 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 6y 49 CFR Part 26 and as approVed by USDOT,
is incorporated by reference in this agreement. Implementation of#his 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 Agensy of its failure to carry out ifs approved program,.fhe
Department may impose sanctions as provided for under Part 26 a.nd may, in appropriate cases;refer the matter for enforsement under
18 U.S.C. 1001 and/or the Program Fraud Givil Remedies Act of 1986(31 U.S. G,3801 et seq.),.
The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work,or modifeation
thereof,as defined in the rules and regulations of the Secretary of Labor in 41 CFR Ghapter 60,which is paid for'in whole or in part with
funds obfained from the Federal Government or borrowed on the credit of the Federal Govern,ment pursuant to a grarit,contract, loan,
insurance,or guarantee or understanding pursuant to any federal progra.m inyolVing such grant,contract; loan, insurance,or guarantee;
the required contract provisions for Federal-Aid Contracts(FHWA 1273),located in Chapte.r 44 of the Local Agency Guidelines.
The Agency further agrees that it will be bound by the above equal opportuni.ty elau.se with respect to its own employment
pracfices when it participates in federally assisted construction work: Provided,that if the applicant so participating is a Sfate or Local
Govemment,fhe above equal opportunity clause is not applicable to any agency, instrume.ntality,or subdivision of such governmerit
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 fhe compliance of contractors and subcontractors with the equal
opportunity clause and ru.les, regulations, and relevant orders of the Secretary of Labor.
(2)To fumish the State such information as it may require for the supenrision of such compliance and that it will otherwise assist the
State in the d.ischarge of its primary respons'ib'ility 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 pu:rsuant to the Executive Order.
(4)To ca.rry 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 Adminisfra4ion,or the Secretary of Labor pursuant to Part II,subpart D of the
Executive Order.
In addition,the Agency agrees that if it fa.il.s or refuses to comply with these undertakings;the Sfate may take any or all of the
following actions:
(a)Ca.ncel,terrninate,or suspend this agreement in whole or in part;
(b)Refrain from e.xtending any fu:rther assistance to the Agency under the program with respect to which the failure or refusal
occurred until satisfactory assu�ance of fufu�e compliance has 6een received from the Agency;and
(c)Refer the case to the Department of Ju.stice for appropriate legal proceedings.
DOT Form 140-039 Page 4
Revised 05/2015
XIII.Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 GFR Part 635, Subpart 127,as supple.mented, relative to
fhe amount of Federal participation in the project cost,shall be applicable in the event#he contractor fails to complete the contract within
fhe contract time. Failure to include liquidated damage.s 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 ofTransportation may terminate fhe contract in whole,or from time to time in
part,whenever:
(1)The requisite federal funding becomes unavailab.le through failure of appropriation or ofherwise.
(2)The contractor is prevented from proceeding with the work as a direct.�esult qf an Exeeutive Order of the President with
respect to the prosecution of war or in the interest of national defense,or an Ezecutive Order of the Presiclent 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 prelimina.ry,speeial,or permanent cestraining
order of a court of competent jurisdiction where the issuan.ce 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 inactiye.
(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 tFie parties to this eontract, it is agreed that any claims ancl/or causes of action which fhe Local Agency
h.as against the State of Washingtgn,g�owing out of this contract or the project with which it is concerned,shall be brought only in the
Superior Court for Thurston Cqunty.
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,fhat;
(1)No federal appropriated funds have been paid or will be paid,by or on behalf of 4he undersigned,to any person for influencing or
attempting to influe.nce a.n 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,#he 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 fo any person for influencing or attempting to
influence an officer or employee of any federal agency,a mem.ber of Congress,an officer or employee of Congress, or an employee
of a member of Gongress in connection with this federal contract,grant, loan,o�cooperative ag�eement,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 certif.ication be included in the awarii clocuments for all subawards at
all tiers(including subgrants,and contracts and subcontracts unde.r grants,su.bgra.nts, loans, and cooperative agreements)which
exceed$100,000,and that all such subrecipients shalt certify and disclose accordingly.
This cert�cation is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certifieation as a prerequisite for making or entering info fhis transaction imposed by Section 1352,Ti41e 31, U.S.
Code.Any pe�son who fails to fle the required certification shall be subject to a civil penalty of not less 4han$10,000 and not more than
$100,000 for each such failure.
XVII.Assurances
Local agencies receiving Federal funding from the USDOT or its operating administrations(i,e., Federal Highway Administration,
Federal Transit Administration, Federal Aviation Administration)are required to submit a written policy statement,signed by the Agency
Executive and addressed to the State,documenting that all programs, activities,and services will be conducted in comptiance with
Section 504 and the Americans with Disabilities Act(ADA).
Additional Provisions
DOT Form 140-039 Page 5
Revised 05/2015
��S�7A�'9C�tOB� �$�$e Transportation Building
�� ������,� �� .���� ��,������. 310 Maple Park Avenue S:E.
� � P.O.Box 47300
Olympia;:WA 98504-7300
360-Z05 Z000
July 3, 2��� TTY: 1-800-833-6388
�niww.wsdot.wa.gov.
Ms. [ngrid Gaub
City Engineer ���p��,���
City of Auburn
25 WestMain Stceet JUL � 2�17
Auburn, Washington 98001
City of Auburn �
22"� St NE and I St NE �°�'�'�d������
�'�4�1j�t �fanir+�G'rit"5���;£'�IVi`A� �
Roundabout
HSIP-1103,(O1'7)
1+UND AUTHORIZATION 1
!
I
Dear NIs. Gaub:
We have received FH WA fund authorization, effective June 29, 2017, for this pi•oject as
follows: �
�
PHASE TOT-AL FEpER.AL SHAR� �
Construction $1,533,000 �940,OQ0
The followin are re c�ired to ensure com liance with feder 1 nd tate re i ` • �
g q. p a a s qu rements. �
• Advertisement of the project within six weeks of construction authorizai'ion.
m Submit the Award Data to the Region Local Prograrns Engineer prior to
constructioii start:
• Show confinuous project progress through monthly billings, until the project is
complete. Failure to show continuous progress may result in the project becom.ing
�
inactive per 23 CFR 630:106(a)(5)and subject to de-obligation of all federal
fiinds and agreement closi�ce.
Enclosed for your informafio�l and fi'ie is a fully executed copy of Local Agency
Agreement LA-9081 between WSD"OT,and yo:ur agency. All costs exceeding tl�ose
shown on this agreement are the sole responsibility of your agency.
You may proceed with the administration of fhis project in accordance with your WSDOT
approved Certification Acceptance agreerr►ent.
Sincerely, �
��� � �
� .�3�yv�� � �-�-----.
��Q; Stephan�e Tax
Interiin Dicector
Local Progra..ms
ST;jg:ac
Enclosure
ec: Mel�rdad Moini;Northwest Region Local Progcams Engineer, MS NB82-121 �
�
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' , I
A�Ei�1C;Y'
washin�ton state Local Agency Agreement �
L��partment a�'franspartation �
Agency City'of Aubuin CFDA.No.20205 ;
(Catalog orfederal Domestic Assistance) �
Address 25 West Maiii Street
��ProJect�No. ����;�'��0`��Q�17 � �
Auburn,WA.9$001 � ;�(� �
Agreement No. �' - � t) �
� �
For OSC WSDOT Use Qnly i
,
- _ ,
' The Local Agency having complied,or hereby agreeing fo comply,with the ferms and conditions set forth in(1)Title 23';U.S.Code �
Highways, (2)the regulations issued'pursuant thereto,(3)2 CFR Part 200,(4)#ha polieies and procedures promulgated by fihe
Washington'State Department of Transportation,and(5)the fetleral aid project agreerrient entered into befween the State a,nd Federai �
Government,relative to the abo�e project;the Washington State Depa:rtment of Transportation will autnorize the Local Agency#o
_ �
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,subjecfito the approval of the Federal Highway Administration. �
All projeet costs not reimbursed by the Federal Government shall be the responsi6ility of the Local.Agency. f
Project Des,crfption �
Name 2211d StNE and I St N�Roundabout Length NJA �
Termini Iritersection of 22nd St NE and I St NE �
Description-of Work �
The project will design an�coi�struet a►nodern roundabouf at the 22nd St NE and I St NE intersection in place of the existing �
a11-w�iy stop control.The project will inzprove tratfic operations,a�ld will improve safety for i�on-motorized road-users and provide �
ADA accessibiliry. �
_ _ . . - -- _ �
ProjectAgreement End Date ct Cost Rate �
December 31,2019 Claiming Indire
Proposed Advertisement Date Juiie 15,20'l7 �Yes �No �
_ �
` Estimate af Fundin :
____ #
��) ��)� � �3) �
Type of Work Estimated Totaf Estimated Agency Estimated Federal (
Pro ect Funds Funds Funds �
PE a.A enc
��0`b.Other� �
Federal Aid c.Other �
Pariicipation d St te � �
Ratio for PE $0:00 $0.00 $O.QO
e.Total PE.Cost Estimate a+b+c+d j
Right af Wa�o.f Agency �
.Other i
Federal Aid � Other �
Padieipation , '
Ratio for RW �•State
'.Totaf'R Cost Estimate>t+ +n+; $0`.00 $Q.00 $0.00
Construction " $893,OOO.QO $893,0�0.00
k.Contract -
� %L Other Consult�nt $ 10,000.00 $ 10,0�0.00 �
. m.Other'Non-Participant $593,Q00,00 $593,0OO.OQ
Federa'I Aid n.Dther �
Participation o.A enc $35,000.00 $35,0OO.OQ �
Ratio for CN $2,000.00 �
;State.__ _ $2,OQ0.00 ,
__ �
.T taI GN Cos Estimate k+i+m+n+o+ $ 1;533,OOU;00 $593,000.00 $940,000.00
r.Total Pro'ect Cost.Estimate e++ $ 1,533',OOQ.�O $593,OQ0.0 $940,OU0.00 �
_ _ _._ __ -- — .
Agenc Officia _ Vllashington _, at Department f Transpo.rtation
BY � ��;��CblJ� BY ,- �
pirector, Local ro rams
Title Nm�cy B� s g ��� L I 20�]
Mayor,Ciry of Auburn Date Executed �
9
DQT�Form 140-039 � PaS�� �
Revised 05/2015 �
�
�:onstruction 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 coast(line 5, column 2)in the amount of
$ at$ per month for months.
Local Force or Local Ad and Award
�/ Methad C-Agency cosf incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Titie 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 provls(ons
set forth below.Adopted by official action on
May 1 , 2017 , Resolution/Ordinance No. 5294
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 sn agent of the Agency and shall perform the
services described and indicated in°Type of Work"on the face of fhis 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 noE subject to the right of control by Ehe Agency,the State shall have fhe right to perform
the work subject to the ordinary procedures of the State and Federal Highway Administration.
il.Delegation of Authorlty
?he State{swflling 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 Sfata 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 conceming the project as requested by fhe 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 quali�ed personnel for the supervfslon and inspectfon of the work in progress.On
Local Agency advertised and awarded projects,the supervision and inspection shall be limited to ensuring all work is(n eonformance
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 wfll be considered a cost thereof.All costs related to thls project incurred by
employees of the State in the customary manner on highway payroils 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 Iocai govemment accounting procedures prescribed by the Washington State Auditor's Office,the U.S.Department of
Transportafion,and the Washington State Department of Transportatfon,The records shall be open to inspection by the State and
Federal Govemment 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 fumished to the State and/or
Federal Govemment 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.Rreliminary engineering.
2.Rlght of way acquisition.
3. Project constructlon.
Onee 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 acfual 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 w'ill repay to
fhe State fhe sum or sums of federal funds paid to the Agency under the terms of this agreement(see Section IX).
If actual constructlon of the road for which right of way has been purchased is not started by the close of the tenth ffscal 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
f�u���grm�t�tp�9Agency under the terms of this agreement(see Section IX). Page 2
Revised 05/2015
The Agency agrees that ali stages of construction necessary to provide the initially planned complete facility within the limits of this
project wfll conform to at least the minimum values set by approved statewide desfgn standards applicable to thfs class of highways,
even though such additional work is flnanced without federal a(d participation,
The Agency agrees that on federal ald highway constructbn projects,the current federal aid regulations which apply to Ilquidated
damages rela#ive to the basis of federal particlpation in the proJect cost shall be applicable in the event the contractor falis to complete
the contract within the contract time.
VI.Payment and Partial.Rei.m.bursement
The total cost of the project, including all review and engineering cosfs and other expenses of the State,Is to be paid by the Agency
and by the Federal Govemment:Federal funding shall be in accordance with the Federal Transportation Act,as emended,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
eosts associated with the project wh.ich a�e not relmbursed by the Federal Government.Noth.ing in this agreemenf shall be construed as
a promise by the Sta#e as to the amount or nature of fecJeral participation in this pro)ect:
The Agency shall bill the state for federal aid project costs fncurred in conform.ity with applicable federal and state laws,The agency
shall minimize the time el.apsed between reseipt of federal aid funds and subsequent payment of i.ncurred eosts.Expenditures by the
Local Agency for maintenance,general admin.istration,supervision,and other overhead shall not be eligible for federal parti.cipatlon
unless a c.urrent indirect cost pian ha.s been prepared in accordance wlth the regulations outiined in 2 GFR Part 200-Uniform Adm(n
Requlrements,Cost Principles and Audit Requfrements for Federal Awards,and retained for audit.
The State will pay for State Incurred costs on the project. Fo►lowing 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 Govemment(see
Se.ction IX).
1.Rrof ect Construction Costs
Projectconstruction financing will be accomplished by one of the three methods as indicated in this agreement.
Method A—The Agency will piace 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 fhe State.The State will pay all costs incurred under the contract upan presentation of progress billings
from the contractor. Following such payments,the State will submit a billing to the Federal Gover�nment for the federal aid particlpation
share of fhe 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 bilfing showing the amount due the State orthe 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 teke 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 awartl.
Upon receipt of progress billings from fhe contractor,the State will submit such billings to the Federal Govemment f�r 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 fhan once
per month for those costs eligible for Federal participafion to 4he extent fhat such costs are directly attributable and properly allocabls
to this project.Expenditures by the Local Agency for maintenance,general administration,supervision,and other overhead shall not be
eligible for Federal participafion uniess claimed under a previously approved Indirect cost plan.
The Sfate shali reimburse the Agency for the Federal share of eligible proJect costs up to the amount shown on the face of this
agPeement.At the time of audit,4heAgency will provide documentation of ail costs incurred on the project.The State shall bill the
Agency for a(1 costs incurred by the State relative to the proJect.The State shall aiso bill the Agency for the federal funds paid by the
5tate to#he Agency for proJect costs which are subsequently determined to be ineligible for federal participation(see Section IXj.
VII.Audit of Federat 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
Governmenf.
An audit.shall be conducted by the WSDOT Intemal Audit Office in accordance with generally accepted governmental audifing
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 sudit it is found that overpayment or parficipation of federal money In ineligibfe items of cost has occurred,the Agency shall
reimbwrse#he 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 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 flscal 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#he State.
DOT Form 140-039 Page 3
Revised Q5/2015
� . `
IX.Payment of 6111ing
The Agency agrees that if payment or arrangement for payme.nt of any of the State's billing relative to fhe project(e.g., $tate force
work,pro)ect cancellation,overpayment;eost Ineligibie for federal participafion,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 fhe regular monthly fuel tax allotments to
#he Agency from the Motor Vefiicle Fund.No addifional Federal project fundfng will be approved until full payment is recefved unless
otherwise directed by the Director,Local Programs.
Pcoject Agreement End Date-This date Is based on your projects Period of Performance(2 CFR Part 200.309),
Any cosfs incurred after the Project Agreement End Data are NOT elig(ble forfederal reimbursement.All eiigfble co.sts 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.
X.Traffic Control,Signing,Marking,and Roadway Maintenance
The Agency will not perrnft any changes to be made In the provisions for parking regulations and tra�c control on this project
without prfor approval of the State and Federal Highway Administration.The Agency wili not Install or permft to be instalied 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 lmprovement 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 ofher agreement or contract
connected wifh fhis agreement,or arising by reason of the partic.ipatfon of the State or Federal Government in fhe proJect,PROVIDED,
nothing herein shail requlre 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.Nondiscrlmination Provislon
No liab'ility shail attach to the State or Federal Government except as expressly provided herein.
The Agency shall not discriminate on the basis of race,color,national orlgin,or sex in the award and performance of any USDOT-
assisted contract and/or agreement or in the administration of 1ts DBE progr.am qr the requirements of 49 CFR Part 26.The Agency
shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nonciiscrimination in fhe award and administration of
USDOT assisted eontracts and agreements.The WSDOTs DBE p%gram,as required by 49 CFR Part 26 and as approved by USDOT
is incorporated tiy reference in fhis agreement. Impfementation of this program is a legal obligation and failure to carry out its terms
shal!be#reated as a violation of this agreement. Upon notification to the Agency of its failu.re to carry out its approved program,the
Department may impose sanctions as provided for under Rart26 and may,in appropriate cases,refer the matter for enforcement under
18 U.S:C. 1001 and/or the Program Fraud Civl1 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 consfruction worK,or modificatlon
thereof,as deflned 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 g�ant,contract,loan,
insurance,or guarantee or understanding pursuant to any federal program involving such grant,contract,loan,insu�ance,or guarantee,
the required contract proyisions for Federaf-Aid Contracts{FHWA 1273),located in Chapter 44 of the Loeal 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,instrumental(ty,or subdivision of such government
which does not participate in work on or under fhe contract.
The Agency also ag�ees:
(1)To as.sist and cooperate actively with the State in obtaining the compliance of contracto.rs and subcontractors w(th the equal
opportuni.ty 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 w(II otherwise assist the
State in the discharge of Its primary responsibility for securing compliance.
(3)To refra.in f�om entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965,with
a contraetor debarred from,or who has not demonstrated eligibility for,government contracts and federally asslsted constructlon
contracts pursuant to the Executive Order.
(4)To carry out such sanctions and penalties for violatlon 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 II, subpart D of the
Executive Order.
In addition,fhe Agency agrees that if it fails or refuses to comply wifh fhese undertakings,the State may take any or all of the
following actions:
s (a)Cancel,terminate,or suspend th.is agreement in whole or in part; ,
(b)Refrain from extending any further ass.istance to the Agency under fhe 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 fhe case to the Department of Justice for appropriate legal proceedings. 'I
DOT Form 140-039 Pa9e 4 �ii
Revlsed 05/2015
r .. �
�III. Liquidated Damages
The Agency hereby agrees that the liqu.idated damages provis.ions 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#he contractor fails to complete the contract within
the contract time.Failure to include liquidated damages ProVision will not relieve the Agency from reducfion af federal parficipation in
accordance with this paragraph..
XN Terminatlon for Public Convenience
The Secretary of the Washfngton State Department of Transportation may terminate the contract in whole,or from time to time in
part,whenever:
(1)The requisite federal funding becomes unavai4able through faliure of appropriation or otherwise.
(2)The contractor is prevented from proceeding with the work as a direct result of an Executive Orderof the President with
respect to the prosecution of war or in the i.nterest of national defense,or an Executive Order of the President or Governor of
the State with respect to the preservation of energy resouroe§.
(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 jurfsdiction where the issuance of such order is primarily caused by the acfs 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 termination is in the best interests af the State.
XV.Venue for Clafms and/or Causes of Action
For the convenience of the parties to this contract,it is agreed that any clairns and/or causes of action which the Local Agency
has againstthe State of Washington,g�owing out of this contract or the project with which it is concerned,shall be brought only in the
5uperior Court for Thurston County.
XVI.Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
The approving authority ce�tifies,to the best of hfs or her knowledge and bel.ief,that:
(1)No federal appropriated funds have been paid or wilf 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 empioyee of Congress,or
an employee of a member of Congress in connection with the awarding of any federal contract,fhe making of any federal grant,the
making of any federal loan,the entering into of any cooperative agreement,and the extension,continua4ion,renewai,amendrnent,
or modiflcation of any federal contract,grant,loan,or cooperative agreement,
(2)if any fu:nds other than federal appropriated funds have been paid or will be pald to any person for influencing or attempting to
influence an officer or employee of any federal agency,a member of Congress,an offlcer or employee of Gongress,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 ForCn-LLL,"Disclosure Form to Report Lobbying,"in accordanee with its instructions.
(3)The undersigned shall require that the language of this certification be included in the awartl documents for all subawards at
all tiers(including subgranfs,and contracts and subcontracts under grants,subgrants,loans,and cooperative agreements)which
exceed$100,000,and that all such subresipients shall certify and disclose accordingiy.
Tliis certification is a material representation of fact upon whic.h reliance was placed when this transacflon was made or entered into.
Submission of 4hfs certification as a prerequisite for making or entering i.nto tfiis transactlon imposed by Section 1352,Tifle 31,U.S.
Code.Any person who fails ta file the required certification shall be subJect to a ciVil penalty of not less than$10,000 and not more fhan
$100,000 for each sueh fallure.
XVII.Assurances
Local agencies receiving Federal funding from the USDOT or its operating administrafions(i.e., Federai Highway Administration,
Federal Transit Administration, Federal Aviation Administratiori)are required to submit a written policy statement,signed by the Agency
Execufive and addressed to the State,documenting that all programs,activities,and services will be conducted in compiiance with
Section 504 and the Americans with Disabilities Act(ADA):
Additional Provisions
DOT Form 140-039 Page 5
Revised 05l2015
�
� �� AG6NCY ,5 � ��
J � Washington State �'IY�C�
� DepartmeM of`iransportation Loca.l Agency Ag�eement
Agency City ofAuburn CFDA No.20.205
(Catalog or Federal Domestic Assistance)
Address 25 West NIain Street . / \
Project No. ��'���031,O17 1
Aubum,W?,95001 ��� �y /
Agreement No. �; y V S �
For OSC WSDOT Use Only
Tlie Local Agencyhaving complied, or hereby agreeing to comply,with the terms and conditions set forth in (1)Title 33, 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 Department of Transportation,and (5)the federal aid project agreement entered into between 4he State and Federal
Government, relative to the above project,the Washington State Department of Transportation will authorize tYie Local Agency to
proceeH on the project tiy a sep8rate notification. Federel funds which are to be obligated for the projectmay 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 reimtiursed by the Federal Godernment shall be the responsibility of the Local Agency.
Project Description
Name ZZnd St NE and I St NE Roundabout Length N/A
Termini Intersection of 22nd St NE and I St NE
Description of Work
The project will design and construct a modem roundabout at the 22nd St NE and I St NE intersection in place of the 8xisting
all-way stop convol.The project will improve traffic operations,and will improve safety for non-motorized road-users and pro4ide
ADA accessibiliry.
ProjectAgreement End Date December 31,2019 Claiming Indirect Cost Rate
Proposed AdveRisement Date june 15,2017 ❑Yes ❑✓ No
Estimate of Fundin
Type of Work (�) (Z) (3)
Estimated Total Estimated Agency Estimated Federal
Pro'ectFunds Funds Funds
PE .A enc
% b.Other
federal Aid c.Other
Participation d.State
Ratio for PE
e.Total PE E timat a+ +c+ $0.00 $0.00 $0.00
Right of Wa��f.A enc
.Other
Federal Aid h.Other
Participation
Ratio for RW i.State
.Total R .Co t Estimate f+ +n+i $0.00 $0.00 $0.00
C�onstructio�� k.Contract $893,000.00 $893,000.00
Other Consultant $ 10,000.00 $ IQ000.00
_ _ _ _ _
m.Other Non-Participant $593,000.00 $593,000.00
Fede�al Aid n.Other
Participation $35,000.00 $35,000.00
Ratio for CN o.A n $2,000.00 $2,000.00
.State
.T al N ost E tim te k+i.m+n+ + $ 1,533,000.00 $593,000.00 $940,000.00
c Total Pr ' ct Cost E timat e+'+ $.1,533,000.00 $593,000.0 $940,000.00
Bgedaj�OfficiaL B as ington af Department f Transportation
N:��'u�i iv
Title Nancy Ba s � Direc or, Locai rograms ��N � � ZO��
Mayor,City of Aubum Date Executed
DOT Form 140-039 � Page 1
ReJised OS@015
� 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 totai construction coast(line 5, column 2) in the amount of
$ at$ per month for montFis.
Local Force or Local Ad and Award
�/ Method C-Agency cost incurred wi4h partiai reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and
as a contlition to payment of hte federal funds obligated, it accepts.and will comply with the applicable provisions
set forth below.Adopted by official action on
May 1 , 2017 , Resolution/Ordinance No. 5294
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 detaif in fhe"Projecf 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 Agenay and shall perform the
services described and indicated in "Type of Work"on the face of this agreerrient, in accordance with plans and specifcations as
proposeH 6y the Agency and approved by the State anii 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. Delega[ion ofAuthority
The State is willing to fulfill the responsibilities to the Federal Government by the administretion of this project.The Agency agrees
that the State shall have the full authority to carry out this adminisVation.The Stateshall 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 ativeAises and
awards the project,the State shall review the work to ensure conformity with the approved plans and specifications.
III.ProjectAdministretion
Certain types of work and services shall be provided by the State on this project as requested by the Agencyand described in the
Type of Work above. In addition,ttie State will farnish qualified personnel for the supervision and inspection of the work in progress.On
Local Agency advertised and awarded projects,the super4ision and inspection.shall b�e limited to ensuring all work is in conformance
with approyed 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 wil�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 alI 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. DepaRment of
Transportation, and the Nlashington 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�avai�able for such inspecfion 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 fumished 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 projeds 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 p"roject becoming inacti4e, as desGribed 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 tenfh 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 funils paid to ttie Agency under the terms of this agreemen)(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 f scal 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
f�u�c�s��am�t�fp�Agency 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 Par[ial Reimbursement
The total cost of the project, including all review and engineering wsts and other expenses of the State,is to be paid by the Agency
and by the Federal Govemment. Federal funding shall be in accordance wifh the Federal Transportation Act,as amended,2 CFRPart
200.The State shall not be ultimately responsible for any of the costs of the project.The Rgency 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 Agenqy sh'all bill the State for federal aid project costs inouFred in conformity with applicable federal and s;ate laws.The agenoy
shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures 6y the
Local Agency for maintenance,general administration,supervision, and other overhead shall not be eligible for federal participation
unless a current indirect cost plan hasbeen 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 foY State incu�red costs on the project. Following payment, the StaJe shall bill the Federal Government for
reimtiursement of tliose 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 f nancing will be accomplished by one of the three methodsas indicated in this agreement.
Mefhod A—The Agency will place with the State,within (20)days afterthe execution of the construction contract;an advance in the
amount of the Agency's share of the total construction cost tiased on the contract award.The State will notify the Agency of the ezact
amount to be deposited with the State.The State will pay all cos;s incurred under th'e contract upon presenjation of prog�ess billings
from tfie contractoc 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 bil�ing will be cleared by
either a paymenffrom the Agency to the State or by a refund from the State to 4he Agency.
Method B—The Agencys share of the total construction cost as shown on the face of this agreement stiall be withheld from its
monthly fuel tax allotments.The face of this ag�eement establishes tlie moMhs.in which the withholding shall take place and the exact
amount fo be:wittiheld each month.The extent o.f 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 paymentof its
participating portion of such billings.
Method C�—The Agency may submit vouchers to the State in 4he 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 projeot. Expenditures by the Local Agency for maintenance, general administration,superdision, and other overheaii shall notbe
eligible for�FeHeral participation.unless claimed under a preyiously approded 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 audi[,the Agency will proyide documentation of all costs incurred on the project.The State shall bill�fhe
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 fhe
State.to the Agency for projecYcosts which are subsequently determined to be ineligible for federal participation (see Sec4ion IX).
VII.Audit ofFederal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for audit of the consultanYs 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,Gonsultant Authorization, Selection,and Agreement Atlministration; memoranda of understantling between WSDOT and
FHWA; and 2 CFR Part200:501 -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 (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 sh"all have a single or program-specific audit performed for that year in accordance with the pro4isions 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.
DOT Fbim 140-039 Page.3
Revised OS/2015
.r �IX.Paym@nt of Billing
The Agenoy 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,o4erpayment,cost ineligible for federal participation,etcJ 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 ttie regular monthly fuel taz allotments to
the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is reoeived unless
otherwise directed tiy the Director, Local Programs.
Project Agreement End Date�-This date is based on your projects Period of Performance(2 CFR PaA 200:309).
Any costs inwrred after the Project Agreement End Date are NOTeligible for federal reimbursement.All eligible costs incurred prior
to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Projed Agreement End Date or they
become ineligible for federal reimbursement.
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 priorapproval of the State and Federai Highway Administration.The Agency will not install or permit to be installed any:signs,
signals, or markingsnot in conformance with the standards approved by the Federal Highway Administration and MUTCD.The Agency
will, at its own ezpense, maintain th;e improvement covered by this agreement.
XL Indemni.ty
The Agenoy sFiall hold the Federal Govemment antl the State harmless from and shall process and defend at its own expense
all claims,demands,or s,uits,wFiether at law or equity tirought against the Agency, State,or Federal Govemment,arising from the
Agency's ezecution, performance, or failu�e 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 theproject, PROVIDED,
nothing hereinshall require the Agency to reimburse fhe State or the Federal Government for damages arising out ofbodily injury to
persons or damage to property caused by or resulting from fhe sole negligence of the Federal Govemment or the State.
XILNondiscrimination Provision
No liability shall attach to the State or Federal Govemment 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 contrect and/or agreement or in the administration of its DBE program or fhe 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 CFRPaR 26 and as appro4ed by USDOT,
is incorporated tiy reference in this agreemen;. Implementation of this program is a legal obligation and failure to carry out its terms
shall be treafed as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program,the
Department mayimpose sanctions as provided for under Part26 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 inoorporete 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 Govemment or borrowed on the credit of the Federal Govemment pu�suant to a grant,contract,loan,
insurance,or guarantee or understanding pursuant to any federal program involving such grant,contract, loan, insurance,or guarantee,
fhe 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 applicaFile to any agency, instrumentality,or subdivision of such goJernment
which does not participate in work on or under the contract.
The Agericy 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 fhe State such information as it may require for the.supervision of.such compliance and fhat it will othervvise 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 fedeYally assisted construction
contracts pursuant to the Executive Order.
(4)To carry outsuch 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 fhe Secretary of Labor pursuant to Part II,subpart D of fhe
Eicecuti4e Order.
Iri addition,the Agency agrees that if it fails or refuses to comply with these undertakings,the SJate may take any or all of the
following actions:
(a)Cancel,terminate, or suspend this agreemenYin 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 740-039 Page 4
Revised 05/2015
; �+ ;
. XIII,Liquidated Damages
Tfie Agency hereby agrees Uiat the liquidated damages proVisions of 23 CFR Part 635, Subpart 127, as supplementeG, relati4e to
the amount of Federal participation in th�e project cost, shall be applicable in the event the contrector fails to complete the conVact within
the contract time. Failure to include li.quidated 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 UVashington 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 conUactor is prevented from proceeding with ttie work as a direct result of an Executive Order of the President with
respect to the pros,ecution of war or in the interest of national defense,or an Executive Order of the President or Governor of
the State with respect to(he preservation of energy resources.
(3)The contractor is prevented trom proceeding with the work by reason of a preliminary, special,or pertnanent 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 contrador.
(4)The Secretary is notified by the Federal Highway Administration that the project is inacti4e.
(5)The Secretary determines(liat such termination is in the best interests of the State.
XV.Venue for Claims and/or Causes of Action
For the conyenience of the parties to this contract, it is agreed that any claims and/or ca.uses of action which the Local Agency
has against�the�State of Washington,growing out of this wntract or the project with which it is concerned, shall be brought only in the
Superior Court for Thurston Counry.
XVI.Certiflcation 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 appropfiated funds haye 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,
ormodification of any federal contract,grant, loan, or cooperafive agreement.
(2) If any funds otfier 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 rriember of Congress in connection with this federal contract, grant, loan,or cooperative agreement,the undersigned shail
complete and submit the Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions.
(3)The undersigned shall require thai the language of this certificatian 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 oertification as a prerequisife 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 shalf be subject to a civil penalty of not less than$10,000 and not more than
$100,000 for each such failure.
XVII.Assurances
Local agencies receiving Federal funding from the USDOT or its operating administrations(i.e., Federal Highway Adminislration,
Federal Transit Administration, Federal Aviation Administration)are required to submit awritten policy statement,signed tiy the Agency
Executiye and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with
Section 504 and the Americans with Disabilities Act(ADA).
Additional Provisions
DOT Form 140-039 Page 5
Revised 05l2015
� ' S 2 �7vants
:. . � �, . �'�"�'��'`T
' �,;_:;v
'� �� Local Agency Agreement Supplement
Agency Supplement Number
City of Aubum 1
Federal Aid Project NumDer Agreement Number CFDA No. 20.205
S 1'P' ��03 bl1 - �$� (CatalogofFederalDomesticAssistance)
The Local Agency requests to supplement the agreement en ered into and executed on
All provisions in the basic agreement remain in effect ezcept as modified by this supplement.
The change to the agreement are as follows:
Project DescMption
Name ZZnd St NE and I St NE Roundabout Length N/A
Termini Intersection of 22nd St NE and I St NE
Description of Work ✓ No Change
Reason for Supplement
Obligate the remaining construction funds.
Are you claiming indirect cost rate? �Yes ,/ No Projed Agreement End Date Decembet 31;2019
Does this change require additional Right of Way or Easements?❑Yes ✓ No Advertisement Date:June 29,2017
___...__ .
Estimate of Fundin
Type of Work �1) �Z� (3) (a) (5)
Previous Supplement Estimated Total Estimated Agency Estimated Federal
A reemenUSu I. Pro ect Funds Funds Funds
PE 0.00
,�o a.A en
b.Other 0.00
Federal Aid c. Other 0.00
Participation
Ratio for PE d.State 0.00
+ . + 0.00 0.00 0.00 0.00 0.00
Right of Way 0.00
;�o f.A c
.Other 0.00
FederalAid h.Other O.00
Participation
Ratio for RW �'�
f, ,h,� 0.00 0.00 0.00 0.00 0.00
Constnlction 893,000.00 107,500.00 1,000,500.00 1,000;500.00
� ,�o .Contrec
I.Other Consultant IQo00.00 10,000.00 10,000.00
m.Other Non-Participan[ 593,000.00 -117,500.00 475,500.00 475,500.00
Federal Aid h � 0.00
Participation 35,000.00 10,000.00 45,000.00 45,000.00
Ratio forCN o.A enc
t 2,000.00 2,000.00 2,000.00
T Cos rl+m+n+ + �.533,000.00 0.00 1,533,000.00 475,500.00 1,057,500.00
Total Pro'ect Cost Esfi ate e++ 1;533,000.00 0.00 1,533,000.00 475,500.00 1,057;500.00
The Local Agency furtherstipulates 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 rovisions.
Age�cy Official Wa: hington$ e Departmei of Transportation
A�
BY 1'I��QR.�jt3 Bv �
T4�e � Director, �ocal rogram JUL 1 7 1p17 �
Nancy Bac ,Mayor,Ciry of Aubum o
Date Ezecuted
DOT Form 140-041 Page 1
Revised OS/ZO15
: '
; Agency Supplement Number
� City o�Aubum 1
,ederal Aid Project Number Agreement Number CFDA No. 20.205
(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 uttimately responsible for any of 4he costs of 4he project. The
Agency shall be uitimately responsible for all costs associated with the project which are not reimbursed by the Federal
Govemment. Nothing in this ag�eement shall be construed as a promise by fhe 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 behveen receipt of federal aid funds and subsequent payment of incurred
costs. Ezpenditur8s 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. Reguirements, Cost Principles and Audit Requirements for
Federai Awards, and retained for audit.
The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Govemment
for reimbursement of 4hose 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 Govemment(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 consultanYs records to determine
eligible fetleral aid costs on the project. The report of said audit shall be in fhe 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 govemmental
auditing standards as issued by the United States General Accou'nting Office by the Comptroller General of the United
Sta(es; 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 Requiremenfs.
If upon audit it is found that overpayment or participation of federal money in ineiigible items of cost has occurced, the
Agency shall reimburse the Scate 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 cancella4ion, 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 4he Motor Vehicte Fund. No addi4ional Federal project fundingwill be
approved until full payment is received unless otherwise directed tiy 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 fo�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 su6recipient who ezpends$750,000 or more in federal
awards from all sources during a given fiscal year shail 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 opereting administrations (i.e.; Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration)are required to submit a written policy
statement, signed by the Agency Exe.cutive 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 OS/2015