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HomeMy WebLinkAbout5318 RESOLUTION NO. 5 3 1 8 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 THE SOUTH 277T" STREET PRESERVATION PROJECT WHEREAS, the City of Auburn desires to improve safety, capacity, and efficiency of the City's street network throughout its corporate boundaries; and WHEREAS, the need for each of the improvements listed for the S 277th Street Preservation Project (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 nefinrork; 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 percentage as indicated: o $662,380.00 to finance the design and construction phases of the Project (13.5% local 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 5318 September 22, 2017 Page 1 Section 1. That the Mayor is hereby authorized to accept the federal grant for whiah the City has sought federal funding and has been awarded for the South 277tn Street Preservation Project. 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 design phase of the above identified project, 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 the Project, 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 legislafion. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this a `�day of Qe�� , 2017. CITY OF AUBURN ANCY B S MAYOR ATTEST: /�,LG�`� - Danielle E. Daskam, � City Clerk Resolution No. 5318 September 22, 2017 Page 2. APPROVED AS TO FORM: ; ; Dani�. eid, City Attorney Resolution No. 5318 September 22, 2017 ' Page 3 � � ����� Local Agency Agreement A9e��!' Cit of Aubum CFDA No.20.205 (CaWlog or Federel Domestic Assistance) Address 25 W.Main St Project No. Auburn,WA 98001-4998 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 tiy the Washington State Department of TranspoRation, and (5)the federal aid project agreement entered into between the State and Federal Go4ernment, relative to the aboye project,the Washington State Department of Transportation will authoriie 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 wntten authority by the State, subject to the approval of the Federel Higtiway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. ProJect D.escriptlon Name South 277th S[reet Preservation Project Length .43 Miles Termini Highway 167 North Bound on-ramp to Auburn Way North Description of Work T7ie Project will rehabilitate aqd preserve the existing pavement on South S 277th Street between the SR167 North Bound Off Ramp and Aubum Way North by grinding and overlaying the through lanes along the corridor,repairing portions of curb and gutter to address drainage issues,dpgrading curb ramps[o meet ADA,and installing new qaffic loops. Project Ag�eement End Date December 30,2019 Claiming Indirect CostRate Proposed Advertisement Date Yes No Estimate of Fundin Type of Work (�� (Z) �3) Estimated Total Estimated Agency Estimated Federal ProectFuntls Funds Funds PE A en 64695 7695 57000. 86<5 % Non-Participant 51900 51900 Fede�al Aid � Participation t 3405 405 3000 Ratio for PE . + + 120,000.00 60,000.00 60,000.00 Right o Way A n o�, „ r Federal Aid Participation Ratio for RW i ate f+ . +i 0.00 0.00 0.00 nsuuction t t % 0 r her Federal Aid Patticipation A en Ratio for CN e ++ . + + 0.00 0.00 0.00 r To al Pro'ect Cost Estimate e+. 12Q000.00 60,000.00 60,000.00 Agencjr Official Washington State Department of Transportation By sy Title Nancy Backus,Mayor Director, Local Programs Date Ezecuted 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 totat construction cost(based on contract award) Mettiod 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 Foice or'Loeal Ad and Award Me4hod C-Agency cost 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 funtls obligated, it accepts and will comply with the applicable provisions set forth below.Adopted by official action on Octobar 2 , 2017 , ResolutionlOrdinance No. Resolution No. 5318 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 inthe"ProjectDescription"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 pertorm the seniices described and indioated in"Type of Work"on the face of this agreement, in accordanpe with plans and speciflcations as proposed by ttie Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of conVol by the Agency,the State shall have the rightdo perform the work subject to the ordinary procedures of the State and Federal Highway Administration. II.Delegation ofAuthority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this projec[.The Agency agrees that the State shall have the tull 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 advertisesand awards the contract,the State will further act for the Agency in all matters conceming the project as requested by the Agency. If the Local Agency adveRises and awards the project,the State shall review ttie work to ensure conformity with the approved plans and specifications. III. Project Administratlon 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 qualifietl personnel for the supervision and inspection of the work in prog"ress.On Local Agency adv@rtised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, speciflcations, and federal aid reguirements.The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof.All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV.Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local govemment accounting procedures prescribed by the Nlashington State Auditor's Office,the U.S. DepaRment of Transportation,and the Washington State Department of Transportation.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 She final payment of any federal aid funds to the Agency. Copies of said records shall be furnished 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. 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 sliow continuous progress may result the Agenoy's project becoming inaotive, as described in 23 CFR 630,and subject to deobligation of federal aid funds and/or agreement closure. If right of way acquisition,or actual construction of the road for which pre�iminary 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 wiil repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement(see Section IX). If actual construction of the road for which right of way fias been purchiase,d is not started by the close of the tenth fiscal year following the flscal year in which the right of way phase was authorized,the Agency wiil repay to the State the sum or sums of federal f����g nid�t$t��Agency under 4he terms of this agreement(see Section IX). page 2 Revised O5/2015 The Agency agrees that all stages of construction necessary to pro4ide the initially planned complete facility witnin the limits of this project will conform to at least the minimum values set tiy approved statewide design standards applicable to this class of highways, even though�such additional work is finance,d without federal aid participation, The Agency agrees that on federal aid highway construction projects,the current federal aid regulations which apply to liquidated damage's relatiye to the basis of federaf participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contrad time. VI.Payment anil Partial Reimbursement The total wst of the project, including all reView and engineering costs and other expenses of the State, is to lie paid tiy the Agency and by the Federal Go4emment. Federal funding shall tie in accordance with(he Federal Transportation Ad,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. No4hing in this agreement shall be construed as a promise by the State as ro the amount or nature of federal participation in fhisproject. The Agency shall bill fhe 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 funtls and subsequent payment of incu�red costs. Ezpenditures by the Local Agency for maintenance,general administration,supervision, and other overhead shall not be eligible for federal participation unless a curtent 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 forState incurred costs on the project. Following payment,the State shall bill the Federai Go4emment for reimbursement of those costs eligible for feGeral participation to the eztent that such costs are attributable and properly allocable to this project.Tlie State shall bill the Agency for tfiat portion of State costs which were not reimbursed tiy the Federal Goyemment(see Section IX). 1. Project Construction Casts Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A—The Agency wiil place with the State,within(20)days after the execution of the construction contract,�an advance in the amouM 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 tiillings from the contractoc Following such payments, the State will submit a billing to the Federal Govemment for the federal aid participatio� share of the cost.When the project is substantially corripleted and final actual costs of the project can be determined,the State will present the Agency witfi a f nal billing showiog the amount due the State or the amount due the Agency.This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B—The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments.The face of this agreement establishes the months in which the withholding shall take place and the ezact amount to be withheld each month.The extent of withtiolding will be conf rmed tiy letter from the State at the time of contract award. Upon receipt of progress billings from the contractor,the State will submit such billings ro the Federal Government for payment of its participating portion of such billings. Method C=The Agency may submit vouchers to the State in lhe 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 diredly attributable and property allocable to this projec[.Expenditures by the Local Agency for maintenance,general administration,supervision,and other overhgad sFiall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The Sta;e shall relmburse 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 documentatlon of all wsts 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 fhe federal funds paid�by fhe 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 Contrects _ .. _ . .. . ._. .. _ . _. ._ _. . . Tfie Agency, if serViqes of a consultant are required, stiall be responsible for audit of the consultanYs records to deterrnine 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 govemmental�auditing standards as issued by the United States General Accounting Offce by the Comptroller General of the United States;WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration;memoranda of understanding tietween WSDOT and FHWA; and 2 CFR PaR 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(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$750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordanbe with the provisions of 2 CFR Part 200.501.Upon conclusion of the auilit,the Agency shall be responsible for ensuring that a copy of the report is transmitted promptry to the$tate. �DOT Fortn 140-039 Page 3 Revised OS/2015 IX:Payment of Billing The Agency agrees that'rf payment or arcangement forpayment of any of the State's billing relative to the projed(e.g.,State force work, project cancellation,overpayment, cost ineligible for federel participation,etc.)is not made to the State within 45 days after Me Agency has been biiled,the State shali effect reimbursement of the total sum due from the regularmonthly fuel tax allotments to the Agenby 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 Pertormance(2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement.All eligible costs incurredprio� 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.TrafFlc ConVol,Signing, Marking,and Roadway Maintenance The Agency wiil not perrnit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration.The Agency wili not install or permit to be installed any signs, signals, or markings not in confortnance 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 fhe Federal Government and the State harmless from and shall process and defend at its own expense all claims,demands, or suits,whether at law or equity brought against the Agency, State,or Federal Govemment, arising from the Agency's execution, perform8nce,or failure to pertorm any of the provisionsof this agreement,or of any other agreement or contract connected:with this agreement,or a�ising by reason of th;e participation of the State or Fede�al Govemment in tlie project, PROVIDED, nothing herein shall require the Agency to reimburse the 8tate or the Federal Government for damages arising out of tiodily injury;o persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII.Nondiscrimination Provision No liabiliry shall attach to the State or Federal Govemment ezcept as expressly proyided herein. The Agency shall not discriminate on the basis of race,.color, national ongin, or sex in the award and performance of any USD.OT- 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 raquired by 49 CFR Part 26 and as approved by USDOT, is incorporatedby 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,tlie Departmentmay impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C. 3801 et seq J. The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work,or modification thereof,as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is paid for in whole or in part with funds obtained from the Federal Govemment or bonowed on tfie credit of the Fede�al Govemment pursuant to a grant,conVact, loan, i�surance,or guarantee or understanding pursuant to any federal program involying such grant,contract, loan, insuiance, or guarantee, the required contrect provisions for Federal-Aid Contracts(FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees 4hat it will be bound by the above equal opportunity clause with respect to its own employment predices when it participates in federally assisted construction work: Provided,that if the applicant so participating is a State or Local Government,tlie atiove equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such govemment 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 fumish the State such infortnation as it may reguire for the supervision of such compliance and that it wiil othervyise zssist the State in the discharge of its primary responsibility for securing compliance.. (3)To rehain from entering into any contract or contractmodification subject to Executive Order 11246 ot September 24, 1965,with a contractor debarred from,or who has not demonstrated eligibility for,govemment contracts and federally assisted construction contracts pursuant to the Executive Order. (4)To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Higfiway Administration,or the Secretary of Labor pursuant to Part II,subpart D of the Executive Order. In addition,the Agency agrees that if it fails or refuses to comply with these undertakings,the State may take any or all of the following actions: (a)Cancel,terminate, or suspend this agreement in whole or in part; (b)Refrain from extending any further assistance to[he 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 th�e case to the Department of Justice for appropriate legal proceedings. DOT Fortn 140-039 Page 4 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 accorda�ce with this paragreph. XIV.Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contrad in whole,or from time to time in part,whenever: (1)The reguisite federal funding becomes unavailable through failure of appropriation or otherwise. (2)The contrector is prevented from proceeding with the work as a dired 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 resped to the preservation of energy resources. (3)Tfie contrector is prevented from proceeding with the work by reason of a preliminary, special,or permanent restraining order of a court of competent jurisdicjion where the issuance of such order is pnmarily caused 6y the acts or omissions of persons or agencies other than the contractor. (4)The Secretary is notified by the Federal Highway Administration that the project is inactive. (5)The Secretary determines that such tertnination is in the best interests of the State. XV.Venue forGlaims andlor 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 SuperiorCouit for Thurston County. XVI.Certifcation.Regarding tHe Restrictions of the Use of Pederal Funds Tor Lobbying The approving authority certifies, to the best of his or her knowledge and belief,that: (1)No federal appropriated fundshave been paid or will be paid, by or on behalf of fhe 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 federalloan, 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 orattempting to influence an officer oremployee of any federal agency,a member of Congress,an offrcer or employee ofCongress,or an employee of a member of Congress in connection with this federal contract, grant, loan,or cooperative agreement,the undersigned sFiall complete and submit the Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with itsinstructions. _ (3)The:undersigned shall re.quire that the language of this certification be included in the award documents for all subawarCs 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 certi£cation is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of thiscertification as a prerequisite for making or entering into this transaction imposed by Section 1352,Tdle 31, U.S. Cotle.Any,person who fails to file the required certification shall tie subject to a ciVil penalty of not less than$10,000 and notinoFe than $100,000 for each such failure. XVII.Asswances Local agencies receiving Federal funding from the USDOT or its operating administrations(i.e., Federal HighwayAdministration, Federal TransitAdministration, Federal Aviation Administretion)are required to submit a written policy statement,signed by the Agency EzecutiVe and addressed to the State, documenting that all p�ograms, activities,andserVices will be conducted in compliance with Section 504 and the Americans with Disabilities Act(ADA). Additional Provisions DOT Forrn 140-039 Page 5 Revised 05/2015 , . � Washin ton State Transportation Building g 3�0 Maple Park Avenue S.E. � Departonent of Trarnsporta4ioe� PO.Box 47300 O�ympia.WA98Wd-7300 3G0-705-7000 January 11,2018 TTY: 1-800-&33-&388 , ��nvw.wsdot.wa.gov Ms. Ingrid GauU � Ciry Engineer Ci_TyofAubum �A�+; 1 '] c��� 25 West Main Street Auburn, Washing[on 98001 �.��� City of Auburn � S 277°h Street Preservation ��' NHPP-1160(003) FUND AUTHORIZATION Dear Ms. Gaub: We fiave received FHWA fund authorization, effective January 11, 2018, for this project as follows: PHASE TOTAL FEDERALSHARE Preliminary Engineering $120,000 $60,000 As a condition of autliorization you must show continuous project progress through monthly billings,unti] your project is complete. Failure to show continuous progress may result in your project becoming inactive per 23 CFR 630.106(a)(5)and subject to de-obligation of all federal funds andagreement closure. Enclosed for your information and file is a fully executed copy of Local Agency Agreement LA- 9232 between WSDOT and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. Any costs incurred after tke ProjectAgreement End Da;e sl:own oit the agreemenl are n�t eligib[e for fetlerq!reimtiursement. In ndditinn, all e[�gible cosis incurred prior to the End Date must be bi[!ed witliin ninety(90) dnys ojihe End Dnie or lkey are ineligibte for federal reimbursement. FHWA requires projects utilizing federal funds for preliminary engineering or right of way to advance to construction. If this project is unable to proceed to construction, any expended federal fiinds must be repaid. WSDOT autliorization to proceed with right of way and/or construction is contiiigent upon receipt and approval ofyoi�r environmental documents. You may proceed with the administration ofthis project in accordance with your WSDOT approved Certification Acceptanceagreement. SincerD , G G ' `(�� y�ya.J'� Stephani Tax Manager,Program Management Local Programs ST:tm:ac Enclosure cc: Mehrdad Moini,Northwest Region Local Programs Engineer,MS NB82-121 , ` . � AGENCY � �� Washington state Local Agency Agreement Department of Transportation Agency City of Aubum CFDA No.20.205 (Catalog or Federal DomesGc Auistance) Address 25 Wes[Main Stree[ Project No. NH FP— I I b0 �0�3� Aubum,WA 98001 p �� � � Agreement No. �tl. 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 Highweys, (2)the regulations issued pursuaM thereto, (3)2 CFR Part 200,(4)the policies and procedures promulgatedby the Washington State Department�of Transportation,and(5)th�e fede�al aid project agreement entered into between the State and Federal Govemment,relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on.the projecl by a separate notifcation. Federal funiJs which are to be obligated for the project may not exceed the�amount shown herein on line r,column 3,without written authoriry by the State,subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Govemment shall be the responsibility of the Local Agency. ProJect Description Name S 277[h Street Pmservation Project Length ,58 miles Termini Auburn Way N to SR-167 Description of Work Tliis project will grind and oveday S 277th Street between Auburn Way N a�d SR-167,i�icluding�repair of pa4ement base failures, repair of damaged wrb and gutter,upgr?de of non•compliart[ADA curb ramps add signal infrasVucwre, installation of new traffic loops,and repincement of existing chanrtelization. Project Agreement End Date December 31,2019 ClaimingJndirect Cost Rate Proposed Advertisement Date ❑Yes �No Estimate of u din Type of Work (�) (Z) (3) Estimated Total Estimated Agency Estimated Federal Pro'ect Funds Funds Funds PE $69;364.00 $9,364.00 �60,000.00 86.5 % b. ther Non-Pazticipant �48,636.00 $48,636.00 FederalAid aDther Parlicipation d.Stale S 2,000.00 $2,000.00 Ratio for PE e.Total PE Cosi Estimate arbtc+d $ 120,000.00 $60,000.00 $60,000.00 Right o ay % .Other FederalAid h r Parlicipation Rafio for RW � Stat Total t Estimate f+ +n+i $0.00 $0.00 $0.00 Construction k.Contract % m.Other FederalAid Oher Parlicipalion o.A en Ralio for CN State a Estimate k+i+ * . . $0.00 �0.00 $0.00 c Total Pr 'ect Cost Esfimate e+. $ 12Q000.00 $60,000.00 $60,000.00 Agency fficial Wa ingfon S te Department of ansportation By ��� By Title �O�,�d Director, Local P grams �� Date Executed DEC 2 8 2017 DOT Form 140-039 Page 1 Revised OS/2015 Construction Method of Financing (Check Method Selected) State Ad and Award Method A-Advance Payment-Agency Share of total construction cost(based on contract award) Method B-Withhold from gas tax the Agency's share of total oonstruction coast(line 5, column 2) in the amount of $ at$ per month for months. Local Force orLocal Ad and Award �/ Method C-Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title23, regufations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepEs and will comply with the applicable provisionsset forth below.Adopted by official action on October 2nd , 2017 , Resolution/OrdinanCe No. Resolution No.�31R Provisions L Scope of Work The Agency shall grovide all the work, labor,materials,and services necessary to perform the projed which is described and set foRh in detail in the"Project Description"and"Type of VYork." When the State acts for and on behalf of lhe Agency,the State shall be deemed an agent of the Agency a.nd shall perform 1he services described antl indicated in"Type of Work"on the face of this agreement,in acqordance with plans and specifications as proposed by the�Agency and approved by the State and the Federel 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 perfortn the work subject to the ordinary procedures of the State and Federal Highway Adminishation. II.Delegation.of Auttiority The State is willing to fulfll the responsibilities to the Federal Government by the administretion of this project.The Agency agrees that th"e State shall have the full authority to carry out this administration.The State shall review, process, and�approve documents reguired 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 theproJect as�requested by the Agency. If the Local Agency�advertises and awards the project,the�State shall review the work to ensure conformlty with the approved plans and specificatlons. III. ProjectAdministretion 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 oi Work above. In addition,ttie State will fumish qualifed personnel for the supervision and inspection of fhe work in progress. On Local Agency adyertised and awarded projects,the supervision and inspection shall be 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 ail other salaries and costs incurred by State forces upon the project will be considered a cost thereof.All costs related to this project incuned by employees oi the Stale in the customary manner on highway payrolls and vouchers shall be charged as costs of Ihe project. IV..Ayailzbility of Records AII project records in�support of all costs incurred and actual expenditureskept by the Agency are to be maintained in aocordance with local government accounting procedures prescribed by the Washington State Auditor's O�ce,the U.S. D�epartmenl of Transporiation,and the.Washington State Departmenl of Transportation.The records shall be open to inspection�by the�Stata 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 fnal payment of any federal aid funds lo the Agency. Copies ot said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with.Pro4isions The Agency shall not incur any federal aid paRicipation costs on any dassifcation of work on this project until authorized in writing by the State for each classifcation.The classifcations of work for projects are: 1. Preliminary engineering. 2. Right of way acquisition. 3,Project.construction. Once written authorization is giyen,the Agency agrees to�show continuous progress through monthly billings. Failure to shbw continuous progress may result the Agency's project becoming inactioe, as described in 23 CFR 630,and subject to de-obligation of federal aid funds and/oragreement closure. If right of way acquisition,or actual construction of the road for which preliminary engineering is undertaken is not started 6y the close of the tenth fscal year following the fscal year in which preliminary engineering phase was authorized,the Agency will repay to the State the sum or sums of federal funds paid to She Agency under the termsof this agreement(see Section IX). If actual�construotion of the road for which right of wayhas been purchased isnot started by the close of the tenth fscal year following.the.fiscal year In whicli�the�right of way phase was authorized,the Agency will repay to th:e State the sum or sums of federal f�us��gamdigol�h�9 gency under the terms of this agreemen4(see Section IX). page 2 Revlsed OS/20'I S `The Agency�agrees that all stages of construction necessary to provide the initially planned complete facility within the limifs of this project will confo�m ro at least th�e minimum values set by approved sta[ewide design standards applicable to lhis class of highways, eyen though such addilional 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 oi federal participation in the project cost shall be applicable in the event the contractor fails to complete tlie contract within the contract time. Vi. Payment and Partial Refmbursement The total cost of the project,including all review and engineering costs and other expenses of the State,is to be paid by the Ag@ncy and by the Federal Govemment. Federal funding shall be in accordance with.the Federal Trensportation Act,as amended,2 CFR Part. 200.The State.shall not be ultimately responsible for any of the costs of the project.The Agency shail be ultimately responsible for all costs associated with the project which are not reimbursed hy the Federal Govemment. Nothing in this agreement shall be construed as a promise by the State as lo 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 Hme elapsedbetween receipt of federal aid funds and subsequent payment of incurred costs..Expenditures by 4he Local Agency for maintenance,general administration, supervision, and other overhead shall not be eligible forfederal participation unless a current indirect cost plan has been prepared in accordance with tHe regulations outlined in 2 CFR Part 200-Uniform Admin Requirements, Gost Principles and Audit Requirements for Federal Awards,and retained for audit. The State will pay for State incurred wsts on the project. Following payment,the State shall bill the Federal Government for reimtiuYsement of those costs eligible for federal participation to the extent that such costs are attri6utable and properly allocable to thi$project The State shall bill the Agency for that portion of State costs which were not reimtiursed by the Federal Government(see �Section IX). 1:Projed Construction Costs Project construcfion fnancing 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 tlie 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.Ttie State will notify fhe Agency of the exact amount to be deposiled with the State.The State will pay all costs incuiFed under the contract upon presentation�of progress billings from the contractor. Following such payments,the State will submit a billing to th�e Federal Government for the federal aid participation stiare of th�e.cost.When the project is substantially completed and fnal actual costs of Ihe projecl can be determined,fhe State will present the Agency with a final billing showing the amount due the Sfate 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. Metliod B—?he 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 ttie withholding shall take place and the exact amount to be v✓ithheld�each month.The extent of withholding will be confirmed by letter from the State at the time of contrect award. Upon-receipt of progress billings from the contractor,the State will submit such billings to the Federal Government for paymentbf its participating�portion of such billings. Method C—The Agency may submit vouchers to theState in the format prescribed by the State, in duplicate, not more than once per month for those wsJs eligible for Federal participation to the exten[that such costs are directty attributable and properly allocable to tfiig project, Ezpenditures 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 wst plan. The State shall reimbuPse the Agency for the Federal share of eligible project costs up to the amount shown on the face of.this agreemen[.At th�e time of audit,the Agency will provide documentation of all costs incurred on the project.The State shall bill the Agency for all cos[s incurred by the State relative to the project.The State shall also bill the Agency for the federal funds paid by the State to lhe Agency for project costs which are subsequently determined to be ineligible for federal paiticipation (see Section IX). VII.Audit of Federal Consultant Contracts . The Agency, if services of a consul)ant a�e required,shall be responsible for audit of the consW[anPs records to determine eligible federal aid.cosfs on the project The report of said audit shall be in theAgency's files and made available to the State and the Federel 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 Accounting Offce by the Comptroller General of the United States;WSDOT Manual M 27-50,Consultant Authorization,Selection, and Agreement Administration; memoranda of understanding between N/SDOT and FHWA; and 2-0FR 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 reim6urse th-e Slate 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 shall have a single or program-specific audit performed for tFiat year in acwrdance with the provisions of 2 CFR PaR 200.501. Upon conclusion of the audit,the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly ro the State. DOT Form 140A39 Page�3 Revised 05/2015 IX.'Payment of 8flling � The Agency�agrees that if payment or arcangement for payment of any of the Stata'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 hasbeen billed,the State shall effect reimbursement of the total sumdue from th�e 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. ProJact Agreement End Date-This date is based on your projects Period of Performance(2 CFR Part 200.309). Any costs incurred�after the ProjectAgreement End Date are NOT eligible fot federal reimbursement All eli9ible costs incurred prior to fhe 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 Cont�ol,Signing;Marking,and Roadway Maintenanca The Agency will not permit any changes to be made in the provisions for parking regulations and traffc control on this project without prior approval oi the State and Federal HighwayAdministretion.The Agency will not install or permit to be.installed any signs, signals,or markings not in conformance with the standarils approved by ihe Federel Hi9hway Administretion and MUTQD.The Agency will,at its own expense;maintain fhe improvement covered by this agreement. XI.Indemnity The Agency shall hold ttie Federal Government and the State.harmless from and shall process and defend at its own expense all claims,demands,or suils,whether at law or equity brought against the Agency, State,or Federal Government,arising�fromShe Agency's execution,performance,or failure to perform�any of the provisions of lhis agreement, or of any other agreement or contrad connected with�this agreement,or arising by reason of the participation of the State or Federal Go4emment in the project, PROVIDED, notYiing herein.shall require the Agency to reimburse the State or the Federal Govemment for damages arising out of bodily injury to persons or damage to propertycaused by or resuRing from the sole negligence of the Federal Govemment or the State. XILNondiscrimination Provision No liability shall attach to the State or Federal Government ezcept as expressly provided herein. The Agency�sliall not discnminate on the basis of race, color, national origin,or sex in the award and performance ot any USDOT- assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26.The Agenoy shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in fhe award and administretion 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 agreemenL Implementation of this program is�a legal obligation and failure.to carry out its terms shall be��treated as a 4iolation of this agreement. Upon notifcation to the Agency of its failure to carry out its approved program,the .Department may impose sanctions as provided for under Part 26�and may, in appropriate cases,refer the matter for enforcement under . 18 U.S.C:1001 andlor the Program Fraud Civil Remedies Act of 1986(31 U.S.C. 3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work,or modification thereof,as defned in the rules and regulations�of the Secretary�of Labor in 41 CFR Chapter 60,which ispaid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant,contract,loan, insurance,or guarantee or unders[anding pursuant to any federal program invoiving such grant,contract, loan, insurance,or guarantee, the.required contract provisions for Federel-Aid Contracts(FHWA 1273),located_in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by fhe above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Proyided, that if the applicant so participating is a.State or Local Government,the above equal opportunity clause is not applicable to any agency, insirumentality,orsubdivision of such government which does not participale in work on or under the contract. The Agency also agrees: (1)To assist and cooperate actively witkthe State in obtaining the compliance of contrectors and subcontrectors with the equal opportuniry clause and rules,regulations, and relevant orderaof the SecreCary of Labor. (2)To furnish the State such information as it may require for the supervision of such compliance and that it will othenvise assist the State in the disoharge ofits primary responsibility for securing compliance. (3)To refrain from entering into any contract or contract modifcation subject to Ezecuti4e Order 11246 of September 24, 1965,with a contractordebarred from, or who has not demonstrated eligibility for,government contracts and federally assisled construction contracts pursuant to the Executive Order. (4)To carry out such sanctions antl penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Slate, Federal Highway Administration,or the Secretary of Labor pursuant to Part II, subpart D of the Ezecutive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings,lhe 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 receiyed from th�e Agency;and (c)Refer the case to the Department of Justice for appropriate legal proceedings. DOT Form 140-039 Page 4 ReviseG OS/2015 X(II.Liquldafed 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 contrector fails to complete the contrect within the wntract time. Failure to include liquidated damages provision will not relieve the Agency from reduction oi federal participation in accordance with this paragraph. XIV.Termination for Public Convenience .. _ _. . . ._ ._ ._ _. The Secretary of the Washington State Department of Transportation may terminate the contract in whole,or from time to time in part,wheneJer: (1)The requisite federal funding.becomes unavailable-through failure of appropriation or otherwise. (2)The�wntractor is prevented from proceeding with.the work.as a direct result of an 6cecutive Order of the President with respect to the prosecution of war or in the interest of national defense,or an Executive Order of fhe Presidenl 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 contraator. (4)The Secretary is notified by the Federal Highway Administration that the project is inactive. (5)The Seoretary deteFmines that such termination is�in the best interests oi the State. XV.Venue for Claims and/or Causes of Action For the convenience of ihe parties to this wntracl, it is agreed that any claims and/or causes�of action which the Local Agency has against,the Sfate of Washington,growing out of this contreot 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 Federel Funds for Lobbying The approving authority certifies,to the best of his or her knowledge and belief,that: (1)No federal appropnated 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 memtier of Congress,an offcer or employee of Congress,or an�employee ot a member of Congress In connection�with the awarding of any federel contract,the making of any feiferel grant,the making of any federal loan, the entering into of any coope�ati4e agreement, and the extension, continuation, renewal, amendment, or modifcation of any federal contrect,grant,loan,or cooperative agreement. (2)If any funds other than federal appropriated funds have 6een paid or will be pald to any person for Influencing or atjempting to influence an:offcer or employee of any federal�agency, a member of Congress, an offcer or employee of Congress,or an.employee of a member of Congress In connection with this federal contract,grent, loan, or cooperative agreement,the undersigned stiall complete and submi41he Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its insCructions. (3)The undersigned shall require that the language of this certifcation be included in the award documenJs foF all.subawards aJ all tiers(including su6grants,and contracts and subcontrects under grants, subgrants, loans,and cooperative agreements)whicB exceed$100,000,and fhat allsuch subrecipients shail certi(y and disclose accordingly. This certifcation is a material representation of fact upon which reliance was placed when ihis transaction was made or entered into. Submission of this certificafion as a prerequisite for making or entering into this transaction imposed by Section 1352,Tdle�31, U.S. Gode.Any person who fails to file the required certification shall be subject to a civil penalry of not less than$10,OOOand not more 4han $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 Administretion, Federal Aviation Administrationpare required to submita written�policy statement,:si9ned by the Agency Executive and addressed to th8 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 OSl2015