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RESOLUTION NO. 3 4 3 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO SIGN A LOCAL AGENCY AGREEMENT
BETWEEN THE CITY AND THE WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION, APPROVING
FEDERAL HAZARD ELIMINATION & SAFETY FUNDS TO
PREPARE AND IMPLEMENT THE IMPROVEMENT OF EAST
VALLEY HIGHWAY AND LAKELAND HILLS WAY
INTERSECTION.
WHEREAS, the State Department of Transportation has awarded a
Federal Hazard Elimination and Safety grant in the total amount of $180,000 to
the City of Pacific for the improvement of installation of a Traffic Signal at East
Valley Highway and Lakeland Hills Way the purpose of reducing accidents at
the T-intersection; and
WHEREAS, on March 4, 2002, Auburn City Council adopted Resolution
No. 3407, authorizing an interlocal agreement between the City of Auburn and
the City of Pacific to have Auburn assume lead agency responsibility for the
design and construction of the Project and provide operation and maintenance
for the completed traffic signal; and
WHEREAS, the State has agreed to amend the 2000-01 Hazard
Elimination Safety (HES) Program to recognize the City of Auburn as lead
agency for this project; and
Resolution No. 3439
March 8, 2002
Page 1
WHEREAS, the City Council of the City of Auburn must adopt and
approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS
FOLLOWS:
Section 1. The Mayor and City Clerk of the City of Auburn are hereby
authorized to execute the agreement with the Washington State Department of
Transportation, to approve Federal Hazard Elimination and Safety Funds to
prepare and implement the improvement of East Valley Highway and Lakeland
Hills Way Intersection.
A copy of said Agreement is attached hereto and
designated Exhibit "A" and is incorporated by reference in the Resolution.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation, including providing for the expenditure and appropriation
therefore in appropriate budget documents.
Section 3. This Resolution shall be in full force and effect upon
passage and signatures hereon.
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CITY OF AUBURN
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MAYOR
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Resolution No. 3439
March 8, 2002
Page 2
ATTEST:
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Danielle E. Daskam,
City Clerk
iel B. Heid,
City Attorney
Resolution No. 3439
March 8, 2002
Page 3
Project No.:
STPH
-1069(005)
U.S. Department of Transportation
Federal-Aid Project Agreement
Federal Highway Adminstration
Agency: Auburn
Modification No.: 0
Project Title:E. Valley/Lakeland Signal
District No.: 1
From: lis
Length of Project:
To:
0.150
lis
PE Authorized:
RW Authorized:
eN Authorized:
SWIBS Bridge #:
Current
Former
Change
Total
$35,000
Federal
$31,500
$35,000
$31,500
Federal Funds
Pro Rata
Q21 Requested
Former
PE
90.00 %
$31,500
RW
CN
CE
Total Appn:
InclDec
$31,500
$31,500
Total
Requested
$31,500
$31,500
$31,500
Appropriate Requirements Met on Dates Shown
23 CFR 771:
RW Certified:
STIP Reference No.: SAFETY BUCKET
Description of Work:
Install signal at intersection along with advance inductive traffic loops and
re-channelization.
Funding Comments:
FAPA for PE. RW: not required.
ENV: to be met.
This Modification is made for the following reasons:
Comments by FHWA:
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The State stipulates as a condidtion to payment of the federal funds obligated, it accepts and will comply with the provisions set forth in 23 CFR Part 630.112
which is incorporated herein by reference. Further, the State stipulates that its signatures on the project agreement constitute the making of the certifications
set forth in 23 CFR Part 630. 112.
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(Highways ~~ P2"5,002
U.S. Department of Transportation Federal Highway Administration
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Date: <//;.'1 ~Z
By:
By:
Date:
WSOOT Hi hwa s & Local Pr ramsSTAR PR1
rev 12/97
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Washington StOlte
Department 01 Transportation
Local Agency Agreement
Agency City of Auburn
Address 25 West Main Street
Auburn, WA 98001-4998
CFDA No, 20.205
(Catalog of Federal Domestic Assistance)
Project No. -S ,PH - \0 (0"\
Agreement No.
For OSC WSDOT Use Only
( 00"7)
--*A 5305
The Local Agency having complied, or hereby agreeing to comply, with the tenns and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued
pursuant thereto, (3) Office of Management and Budget Circulars A~102, A-8? and A-133, (4) the policies and procedures promulgated by the Washington State
Depanment of Transportation, and (5) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the
Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be
obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal
Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name East Valley Highway & Lakeland Hills Way Traffic Signal (C214A)
Length
0.15 miles
Termini T -intersection of East Valley Highway & Lakeland Hills Way
Description of Work
Hazard Elimination by construction of a new signal, advanced Inductive Traffic Loops and re-channelization.
Estimate of Funding
Type of Work (1) (2) (3)
Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a, Aqencv i 8,000.00 800.00 7,200.00
90 % b, Other Consultants I 25,000.00 2,500.00 22,500.00
-
c. Other i
Federal Aid d, State , 2,000.00 200.00 1,800.00
Participation e. Total PE Cost Estimate (a+b+c+dl i 31,500.00
Ratio for PE I 35,000.00 3,500.00
Right of Way f, Aoencv
- % a. Other
h. Other ,
Federal Aid i. State ,
Participation 1
Ratio for RW i. Total R/W Cost Estimate (f+o+h+j) ._~I)o ~
Construction k. Contract I - pi
I. Other i r1 r..
, T ..
m. Other i
n. Other I
- % 0, Aqencv
Federal Aid p. State
Participation
Ratio for eN n. Total CN Cast Estimate Ik+l+m+n+o+a\
r. Total Project Cost Estimate (e+j+q) I 35,000.00 I 3,500.00 31,500.00
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washiJ.{;; State ,~:partme}jof :ransportation
By -:d;.Lhn ,r/.. J feZ: x._
Title PptPT R T p:wic:: M~ynr
Assistant Secretaty for Highways and Local Programs
Date Executed
APR 2 5 2002
DOT Fonn 140-039 EF ,~,
Revised 2101 ~N
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Washington State
Department of Transportation
AGENCY oorv.
Local Agency Agreement
Agency City of Auburn
Address 25 West Main Street
Auburn, WA 98001-4998
CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
sTf'H - \0(0"\
Project No.
( 00<7)
-----iA 53 0 5
Agreement No.
For ase WSDOT Use Only
The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued
pursuant thereto, (3) Office of Management and Budget Circulars A-I02, A-87 and A-133, (4) the policies and procedures promulgated by the Washington State
Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the
Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be
obligated for the project may not exceed the amount shown herein on line r, column 3, without wTiUen authority by the State, subject to the approval of the Federal
Highway Administration. All project costs not reimbursed by the Federal Go....ernment shall be the responsibility of the Local Agency.
Project Description
Name East Valley Highway & Lakeland Hills Way Traffic Signal (C2l4A)
Length
0.15 miles
Termini T-intersection of East Valley Highway & Lakeland Hills Way
Description of Work
Hazard Elimination by construction of a new signal, advanced Inductive Traffic Loops and re-channelization.
Estimate of Funding
Type of Work (1) (2) I. (3)
Estimated Totai Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a. Agency 8,000.00 800.00 7,200.00
90 % b. Other Consultants 25,000.00 2,500.00 22,500,00
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c. Other I
Federal Aid d. State 2,000,00 ! 200.00 1,800.00
Participation
Ratio for PE e. Total PE Cost Estimate la+b+c+dl 35,000.00 ' 3,500.00 31,500.00
Right of Way f, Aaencv .
% n. Other i
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h. Other !
Federal Aid i. State
Participation
Ratio for RW i. Total R1W Cost Estimate (f+n+h+il
Construction k. Contract
I. Other
m. Other
n. Other I
~ % 0, Aoencv i
Federal Aid D. State
Participation
Ratio for eN a. Total CN Cost Estimate (k+l+m+n+o+n\
r. Total Project Cost Estimate (e+j+q) 35,000.00 . 3,500.00 31,500.00
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Title PptPT R T .p.wi~ M~Y(lT
Assistant Secretary for Highways and Local Programs
Date Executed
APR 2 5 2002
DOT Form 140'()39EF I~-
Revised 2/01 ~7~
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Construction Method of Financing (Check Me/hod Selected)
State Ad and Award
o Method A - Advance Payment - Agency Share of total construction cost (based on contract award)
o Method B - Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of
$
at$
Local Force or Local Ad and Award
181 Method C - Agency cost incurred with partial reimbursement
per month for
months,
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a
condition to payment of the federal funds obligated, it accepts and wiil comply with the applicable provisions set forth
below. Adopted by official action on Re 1 t' N
SO U lOIl O.
March 18 2002 ,'li'Ile:lmdIdil~ 3439
Provisions
I. Scope of Work
The Agency shall provide all the work, labor, materials, and services necessary
to perform the project which is described and set forth in detail in the "Project
Description" and "Type of Work."
When the State acts for and on behalf of the Agency, the State shall be deemed
an agent of the Agency and shall perform the services described and indicated in
"Type of Work" on the face of this agreement, in accordance with plans and
specifications as proposed by the Agency and approved by the State and the
Federal Highway Administration.
"When the State acts for the Agency but is not subject to the right of control by
the Agency, the State shall have the right to perform the work subject to the
ordinary procedures of the State and Federal Highway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by
the administration of this project. The Agency agrees that the State shall have the
full authority to cany out this administration. The State shall review, process, and
approve documents required for federal aid reimbursement in accordance with
federal requirements. If the State advertises and awards the contract, the State
will further act for the Agency in all matters concerning the project as requested
by the Agency. If the Local Agency advertises and awards the project, the State
shall review the work to ensure conformity with the approved plans and
specifications.
III. Project Administration
Certain types of work and services shall be provided by the State on this
project as requested by the Agency and described in the Type of Work above. In
addition, the State will furnish qualified personnel for the supervision and
inspection of the work in progress. On Local Agency advertised and awarded
projects, the supervision and inspection shan be limited to ensuring all work is in
conformance with approved plans, specifications, and federal aid requirements.
The salary of such engineer or other supervisor and all other salaries and costs
incurred by State forces upon the project will be considered a cost thereof. All
costs related to this project incurred by employees of the State in the customary
manner on highway payrolls and vouchers shall be charged as costs of the
project.
IV. Availability of Records
All project records in support of all costs incurred and actual expenditures
kept by the Agency are to be maintained in accordance with local government
accounting procedures prescribed by the Washington State Auditor's Office,
the U.S. Department of Transportation, and the Washington State Department
of Transportation. The records shall be open to inspection by the State and
Federal Government at all reasonable times and shall be retained and made
available for such inspection for a period of not less than three years from the
final payment of any federal aid funds to the Agency. Copies of said records
shall be furnished to the State and/or Federal Government upon request.
v. Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any
classification of work on this project until authorized in writing by the State for
each classification. The classifications of work for projects are:
DOT Form 140-039 EF
Revised 2/01
1. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
In the event that right of way acquisition, or actual construction of the road, for
which preliminary engineering is undertaken is not started by the closing of the tenth
fiscal year following the fiscal year in which the agreement is executed, the Agency
will repay to the State the sum or sums of federal funds paid to the Agency under the
terms of this agreement (see Section IX).
The Agency agrees that all stages of construction necessary to provide the initially
planned complete facility within the limits of this project will conform to at least the
minimum values set by approved statewide design standards applicable to this class
of highways, even though such additional work is financed without federal aid
participation.
The Agency agrees that on federal aid highway construction projects, the current
federal aid regulations which apply to liquidated damages relative to the basis of
federal participation in the project cost shall be applicable in the event the contractor
fails to complete the contract within the contract time.
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and 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 Transportation
Equity Act for the 21st Century (TEA 21), as amended, and Office of
Management and Budget circulars A-I02, A-87 and A-l33. The State shall not
be ultimately responsible for any of the costs of the project. The Agency shall be
ultimately responsible for all costs associated with the project which are not
reimbursed by the Federal Government. Nothing in this agreement shall be
construed as a promise by the State as to the amount or nature of federal
participation in this project.
1. Preliminary Engineering, Right of Way Acquisition, and Audit Costs
The Agency will pay for Agency incurred costs on the project. Following such
pa)ments, vouchers shall be submitted to the State in the fonnat prescribed by the
State, in duplicate, not more than once per month. The State will reimburse the
Agency up to the amount shown on the face of this agreement for those costs
eligible for federal participation to the extent that such costs are directly attributable
and properly allocable to this project. Expenditures by the Local Agency for
maintenance, general administration, supervision, and other overhead shall not be
eligible for federal participation unless an indirect cost plan nas been approved by
WSDOT.
The State will pay for State incurred costs on the project. Following
pa)ment, the State shall bill the Federal Government for reimbursement of
those costs eligible for federal participation to the extent that such costs are
attributable and properly allocable to this project. The State shall bill the
Agency for that portion of State costs which were not reimbursed by the
Federal Government (see Section IX).
2. Project Construction Costs
Project construction fmancing will be accomplished by one of the three
methods as indicated in this agreement.
2
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Method A - The Agency will 11lace with the State, within (20) days after the
execution of the construction contract, an advance in the amount of the
Agency's share of the total construction cost based on the contract award. The
State will notify the Agency of the exact amount to be deposited with the State.
The State will pay all costs incurred under the contract upon presentation of
progress billings from the contractor. Following such payments, the State will
submit a billing to the Federal Government for the federal aid participation
share of the cost. When the project is substantially completed and final actual
costs of the project can be determined, the State will present the Agency with a
fmal billing showing the amount due the State or the amount due the Agency.
This billing will be cleared by either a payment from the Agency to the State or
by a refund from the State to the Agency.
Method B - The Agency's share of the total construction cost as sho\\'Tl 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 shaH take place and the exact amount to be withheld each month.
The extent of withholding will be confinned by letter from the State at the time
of contract award. Upon receipt of progress billings from the contractor, the
State will submit such billings to the Federal Government for payment of its
participating portion of such billings.
Method C - The Agency may submit vouchers to the State in the format
prescribed by the State, in duplicate, not more than once per month for those
costs eligible for Federal participation to the extent that such costs are directly
attributable and properly allocable to this project. Expenditures by the Local
Agency for maintenance, general administration, supervision, and other
overhead shall not be eligible for Federal participation unless claimed under a
previously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project
costs up to the amount shown on the face of this agreement. At the time of
audit, the Agency will provide documentation of all costs incurred on the
project.
The State shall bill the Agency for all costs incurred by the State relative to
the project. The State shall also bill the Agency for the federal funds paid by
the State to the Agency for project costs which are subsequently determined to
be ineligible for federal participation (see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for
audit of the consultant's records to determine eligible federal aid costs on the
project. The report of said audit shall be in the Agency's files and made
available to the State and the Federal Government.
An audit shall be conducted by the WSDOT Internal Audit Office in
accordance with generally accepted governmental auditing standards as
issued by the United States General Accounting Office by the Comptroller
General of the United States; WSDOT Manual M 27-50, Consultant
Authorization, Selection, and Agreement Administration; memoranda of
understanding between WSDOT and FHW A; and Office of Management
and Budget Circular A-133.
If upon audit it is found that overpa:yment or participation of federal
money in ineligible items of cost has occurred, the Agency shall reimburse
the State for the amount of such overpayment or excess participation (see
Section IX).
VIII. Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal
Office of Management and Budget (OMS) Circular A-133 as well as all
applicable federal and state statutes and regulations. A subrecipient who
expends $300,000 or more in federal awards from all sources during a given
fiscal year shall have a single or program-specific audit performed for that
year in accordance with the provisions of OMS Circular A-133. Upon
conclusion of the A-I33 audit, the Agency shall be responsible for ensuring
that a copy of the report is transmitted promptly to the State.
IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of
the State's billing relative to the project (e.g., State force work., project
cancellation, overpa:yment, cost ineligible for federal participation, etc.) is not
made to the State within 45 days after the Agency has been billed, the State
shall effect reimbursement of the total sum due from the regular monthly fuel
tax allotments to the Agency from the Motor Vehicle Fund. No additional
Federal project funding will be approved until full payment is received unless
otherwise directed the Assistant Secretary for Highways and Local Programs.
DOT Form 140-039 EF
Revised 2/01
X, Traffic Control, Signing, Marking, and Roadway
Maintenance
The Agency will not permit any changes to be made in the provisions for parking
regulations and traffic control on this project without prior approval of the State and
Federal Highway Administration. The Agency will not install or permit to be
installed any signs, signals, or markings not in conformance with the standards
approved by the Federal Highway Administration and MUTeD. The Agency will,
at its ovm expense, maintain the improvement covered by this agreement.
XI. Indemnity
The Agency shall hold the Federal Government and the State harmless from and
shall process and defend at its own expense all claims, demands, or suits, whether at
law or equity brought against the Agency, State, or Federal Government, arising
from the Agency's execution, performance, or failure to perform any of the
provisions of this agreement, or of any other agreement or contract connected with
this agreement, or arising by reason of the participation of the State or Federal
Government in the project, PROVIDED, nothing herein shall require the Agency to
reimburse the State or the Federal Government for damages arising out of bodily
injury to persons or damage to property caused by or resulting from the sole
negligence of the Federal Government or the State.
No liability shall attach to the State or Federal Government except as expressly
provided herein.
XII. Nondiscrimination Provision
The Agency shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of any USDOT-assisted contract and/or
agreement or in the administration of its DBE program or the requirements of 49
CFR Part 26. The Agency shall take all necessary and reasonable steps under 49
CFR Part 26 to ensure nondiscrimination in the award and administration of
USDOT-assisted contracts and agreements. The WSDOT's DBE program, as
required by 49 CFR Part 26 and as approved by USDOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the Agency of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.c. 1001 and/or the
Program Fraud Civil Remedies Act of 1986 (31 U.S.c. 3801 et seq.).
The Agency hereby agrees that it will incorporate or cause to be incorporated into
any contract for construction work, or modification thereof, as defined in the rules
and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in
whole or in part with funds obtained from the Federal Government or borrowed on
the credit of the Federal Government pursuant to a grant, contract, loan, insurance,
or guarantee or understanding pursuant to any federal program involving such grant,
contract, loan, insurance, or guarantee, the required contract provisions for
Federal.Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency
Guidelines.
The Agency further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in
federally assisted construction work: Provided, that if the applicant so
participating is a State or Local Government, the above equal opportunity clause
is not applicable to any agency, instrumentality, or subdivision of such
government which does not participate in work on or under the contract.
The Agency also agrees:
(1) To assist and cooperate actively with the State in obtaining the compliance of
contractors and subcontractors with the equal opportunity clause and rules,
regulations, and relevant orders of the Secretary of Labor.
(2) To furnish the State such information as it may require for the supervision of
such compliance and that it will otherwise assist the State in the discharge of its
primary responsibility for securing compliance.
(3) To refrain from entering into any contract or contract modification subject to
Executive Order 11246 of September 24, 1965, with a contractor debarred from, or
who has not demonstrated eligibility for, government contracts and federally
assisted construction contracts pursuant to the Executive Order.
(4) To carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon contractors and subcontractors by the
State, Federal Highway Administration, or the Secretary of Labor pursuant to Part
II, subpart D of the Executive Order.
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In addition, the Agency agrees that jf it fails or refuses to comply with these
undertakings, the State may take any or all of the foHawing actions:
1 (a) Cancel, terminate, or suspend this agreement in whole or in part;
(b) Refrain from extending any further assistance to the Agency under the
program with respect to which the failure or refusal occurred until satisfactory
assurance of future compliance has been received from the Agency; and
(c) Refer the case to the Department of Justice for appropriate legal proceedings.
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR
Part 630, Subpart 305, as supplemented, relative to the amount of Federal
participation in the project cost, shall be applicable in the event the contractor
fails to complete the contract within the contract time. Failure to include
liquidated damages provision will not relieve the Agency from reduction of
federal participation in accordance with this paragraph.
XIV. Termination for Public Convenience
The Secretary of the Washington State Department of Transportation may
terminate the contract in whole, or from time to time in part, whenever:
(I) The requisite federal funding becomes unavailable through failure of
appropriation or otherwise.
(2) The contractor is prevented from proceeding with the work as a direct
result of an Executive Order of the President with respect to the prosecution of
war or in the interest of national defense, or an Executive Order of the
President or Governor of the State with respect to the preservation of energy
resources.
(3) The contractor is prevented from proceeding with the work by reason of
a preliminary, special, or permanent restraining order of a court of competent
jurisdiction where the issuance of such order is primarily caused by the acts or
omissions of persons or agencies other than the contractor.
(4) The Secretary determines that such termination is in the best interests of
the State.
XV. Venue for Claims and/or Causes of Action
For the convenience of the parties to this contract, it is agreed that any claims
and/or causes of action which the Local Agency has against the State of
Washington, growing out of this contract or the project with which it is
concerned, shall be brought only in the Superior Court for Thurston County.
XVI. Certification Regarding the Restrictions of the Use
of Federal Funds for Lobbying
The approving authority certifies, to the best of his or her knowledge and belief,
that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of any federal agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with
the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee
of any federal agency, a member of Congress, an officer or employee of Congress,
or an employee of a member of Congress in connection with this federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit
the Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subgrants,
and contracts and subcontracts under grants, subgrants, loans, and cooperative
agreements) which exceed $100,000, and that all such subrecipients shall certify
and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification as a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more
than S lOO,OOO for each such failure.
Additional Provisions
DOT FOO11 140-039 EF
Revised 2/01
4
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Washington State
,Oepar',ment of Transportation
Ar,rNCY
Local Agency Agreement Supplement
Agency
City of Auburn
Federal Aid Project Number
STPH-l069(005)
Agreement Number
LA-5305
Supplement Number
1
CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
The Local Agency desires to supplement the agreement entered into and executed on April 25, 2002
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Project Description
Name East Valley Highway & Lakeland Hills Way Traffic Signal (C2l4A)
Length 0.15 miles
Termini
Description of Work 181 No Change
Reasen for Supplement
Authorization for construction
JUN 1 7 2003
CI1Y OF AUBURN
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Estimate of Funding
Type of Work I (1) (2) (3) (4) (5)
Previous Supplement Estimated Total Estimated Agency Estimated
AareemenUSunnl. Proiect Funds Funds Federal Funds
PE a. Agency , 8,000.00 2,000.00 10,000.00 1,000.00 9,000.00
90 % b. Other Consultants 25,000,00 25,000.00 2,500.00 22,500.00
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c. Other !
Federal Aid d. State 2,000.00 2,000.00 200.00 1,800.00
Participation
Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 35,000.00 2,000.00 ! 37,000.00 3,700.00 33,300.00
Right of Way I. Agency
~ % ". Other
Federal Aid h. Other
Participation i. State
Ratio for RW
i. Total R/W Cost Estimate (f+a+h+i)
Construction k. Contract ]46,540.00 146,540.00 14,654.00 131,886.00
I. Other I 14,460.00 14,460.00 1,446.00 13,014,00
m. Other
n. Other ,
I
90 % Q. Agency
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Federal Aid p. State 2,000.00 I 2,000.00 200.00 1,800.00
Participation
Ratio for CN a. Total CN Cost Estimate (k~->m,","<l+n\ 163,000.00 163,000.00 16,300.00 146,700.00
r. Total Proiect Cost Estimate le+i+t:l\ 35,000.00 165,000.00 200,000.00 20,000.00 180,000.00
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The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condttion
to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions.
AgenCY\(I<'l'~_, Washington State Department of Transportation
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By By '--.J;T / ,.";1-1. I g /~::Ji1r^-./J
Title May.ill.......-_ Assistant Secretary for Highways aJUNcOpggZOm03
Date Executed
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DOT Form 140-041 EF
Revised 4/2000