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HomeMy WebLinkAbout3741 RESOLUTION NO. 3741 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A lOCAL AGENCY AGREEMENT BETWEEN THE CITY OF AUBURN (THE CITY) AND THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION RELATING TO PROJECT NO. C307A, INTELLIGENT TRANSPORTATION SYSTEM (ITS) IMPROVEMENTS WHEREAS, the Washington State Department of Transportation has awarded federal funding from the 2004 Intelligent Transportation Systems Deployment Program in the total amount of $863,981 to the City of Auburn for the Intelligent Transportation System (ITS) Improvements; and WHEREAS, the grant requires $863,981 in matching funds and those matching funds are to be provided from King County for $500,000, the Muckleshoot Indian Tribe for $300,000 and $63,981 from the City of Auburn 102 Fund; and WHEREAS, it is in the best interest of the City to use the 2004 Intelligent Transportation Systems Deployment Program monies to finance capital improvements to the Transportation system. NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor and City Clerk are hereby authorized to execute a local Agency Agreement between the City and the Washington State ---------------------------- Resolution No. 3741 June 22, 2004 Page 1 Department of Transportation, in substantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. 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. Dated and Signed this & 'f!:-- day Of&::±;:, 2004. :~:£ MAYOR ~ ATTEST: ~~ Danielle E. Daskam, City Clerk ---------------------------- Resolution No. 3741 June 22, 2004 Page 2 ~, ~:=J: Washington State "II Dep¡artment 01 Transportation AGENCY Local Agency Agreement Agency City of Auburn Address 25 W, Main St. Auburn, WA 98001 CFDA No. 20.205 (Catalog of Federal Do.m. estic ASsistance>.. .A r/\.A ~ Project No. l -rs - ZÒO~_S) Agreement No._LA 5 7 7 7 For OSC WSDOT Use Only 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~87 and A-B3, (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 Hne r, column 3, váthout written authority by the State, subject to the approval of the FederalHighway Administration. All projectcosts not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name City of Auburn Citywide Intelligent Transportation System Termini N/A Length Citywide Description of Work Project will consist of installation of fiber optic cable and conduit, traffic video cameras, other traffic data collection equipment and the construction of a Traffic Management Center. In addition, computer hardware and software for signal coordination will be purchased and installed in the Traffic Management Center. Title fillY o¡¿ 7 It!tJt/' PE 50 % Federal Aid Participation Ratio for PE Right 01 Way % Federal Aid Participation Ratio for RW Construction % Federal Aid Participation Ratio for CN Agency 0 By DOT Form 140-039 EF Revised 01/2004 Type of Work Estimate of Funding . (2) .... - I Estimated Agency I' Funds 52,500.00 183,750.00 (3) Estimated Federal Funds 52,500.00 / _ 183,7~0,00 / (1) Estimated Total Project Funds 105,000.00 ' 367,500:t 10,000.00 I 482,500.00 I I I _". Agency b. Other Consultant c. Other d. State e. Total PE Cost Estimate f. Agency__ . Q. Other h. Other i. State .. Total RIW Cost Estimate k. Contract I. Other m. Other n. Other -- ~n.cY p. §tate . Total CN Cost Estimate r. Total Project Cost Estimate (e+j+q) 5,000.00 241,250.00 5,000.00 24],250.00 ./ ---_..- ./ --- ~ i ! -+ -T I t-=-- ¡ 241,250.00 241,250.00 482,500.00 Washington State Department of Transportation By V7--~G~." ~ ~ - ~ " Assistant Secretary for Highways and local Programs Date Executed SEP 20 ZOD4 % · èo¡'struct~on Me~hod of Financing (Check Method Selected) State Ad and Award D Method A - Advance Payment - Agency Share of total construction cost (based on contract award) D 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 The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on June 25th 2004 ,Resolution/Ordinance No. 3741 Provisions I. Scope 01 Work The Agency shall provide all the work, labolQ1aterials, and services necessary to perfonn 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 sha1] be deemed an agent of the Agency and shall perfonn 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 01 Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration ofthis project. The Agency agrees that the State shaJl have the full authority to carry out this administration. The State shaJI review, process, and approve documents required for federaJ aid reimbursement in accordance ,"vith federaJ requirements. If the State advertises and awards the contract, the State wm further act for the Agency in all matters concerning the project as requested by the Agency. If the LocaJ Agency advertises and awards the project, the State shaJI 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 wHl furnish qualified personnel for the supervision and inspection of the work in progress. On LocaJ Agency advertised and awarded projects, the supervision and inspection shaJlbe limited to ensuring aJI work is in conformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor a....ld 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 incurreànd 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 les!than three years from the flnaJ 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 01/2004 per month for months. 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 ,"viII 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 vaJues 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 shaH 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-I33. The State shall not be ultimately responsiblefor any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall mimimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federaJ participation unless an indirect cost plan has been approved by WSDOT. The State will pay for State incurred costs on the project. Fotlowingpayment, 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 allocableto this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. 2 0' Method 'A - The Agency will place with the State, within (20) days after the execution of the ~onstructi(}n 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 wiH pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a bìJ1ing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actua1 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 shoViIl on the face of this agreementshall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withhoJdingshall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress biHings 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 directty attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration,supervision, andother overhead shalJ not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State sha1l reimburse the Agency for the Federal share of eligibleproject costs up to the amount shown on the face of this agreement. At the time of audit, Û1e Agency will provide documentation of all costs incurred on the project. The State shall bilJ the Agency forall costs incurred by the State relative to the project. The State shall also bí1l 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 withgeneralJy acceptedgovernmental auditingsumdards as issued by the United States General Accounting Office by the ComptrolJerGeneral of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and Office of Management and Budget Circular A-133. Ifupon audit it is found that overpayment or participationoffederal money in ineligible itemsof cost has occurred, the Agency shall reimbursethe 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 federai Office of Management and Budget (OMB) Circular A-B3 as well as, all applicable federal and state statutes and regulations. A subrecipient who expends $500,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisionsofOMB Circular A-B3. Upon conclusion of the A-B3 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 biliingrelative 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 bilJed, 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 01/2004 X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not pennit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency wili, at its own expense, maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the State hannless 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, perfonnance, or failure to perfonn any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscriminationin 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 obI igation and failure to carry out its terms shan 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 etseq.). The Agency hereby agrees that it \vill incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and reguiationsofthe 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 contractprovisions forFederal·Aid Contracts(FHW A 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 Governmem, 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 infonnation as it may require for the supervision of such compliance and that it will othef\\:ise 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 11, subpart D of the Executive Order. 3 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 fol1owing actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate ]egal proceedings. XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision wì1l not relieve the Agency from reduction of federal participation in accordance \vith 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 \vith 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 oremp]oyeeofCongress,or an employee ofa 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 extensioIl, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) ]f any funds other than federal appropriated funds have been paid or \vilJ 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 un-dersigned 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 $] 00,000, 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 ]352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Additional Provisions DOT Form 140-039 EF Revised 01/2004 4 ...... "II Washington State Department 01 Transportation A~ENCLocal Agency Agreement Supplement Agency City of Auburn Federal Aid Project Number ITS-2004(045) --_..~~._~-- Supplement Number 1 CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Agreement Number LA-5777 The Local Agency desires to supplement the agreement entered into and executed on September 20, 2004 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 City of Auburn Citywide Intelligent Transportation Improvements. -----. Length Citywide Termini N/A Description of Work ~ No Change Reason for Supplement To obligate money for procunnent ofIT equipmnet!materials. Estimate of Funding Type of Work (1) (2) (3) (4) (5) Previous Supplement Estimated Total Estimated Agency Estimated AQreemenUSuppl. Project Funds Funds Federal Funds PE a. Agency ]05.000.00 105.000.00 52.500.00 52,500.00 50 % b. Other Consultant 367,500.00 367,500.00 183,750.00 ]83,750.00 - c. Other Federal Aid d. State ] 0.000.00 10,000.00 5.000.00 5,000.00 Participation Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 482,500.00 482,500.00 241,250.00 241,250.00 Right of Way f. Agency - % a.Other Federal Aid h. Other Participation i. State Ratio for RW i. Total RIW Cost Estimate If+a+h+i\ Construction k. Contract --------- I. Other m. Other n. Other IT Procurement Ph lA 400,000.00 400,000.00 200.000.00 200,000.00 50 % o. Agency - Federal Aid p. State Participation Ratio for CN q. Total CN Cost Estimate (k->lffi1ffi"""",) 400,000.00 400,000.00 200,000.00 200,000.00 r. Total Proiect Cost Estimate le->l..,,1 482,500.00 400,000.00 882,500.00 441,250.00 441,250.00 Agency Offi . I The Local Agenc further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of e Fede ds o· e, pts and will comply with the applicable provisions. ----- Washington State Department of Transportation By _~~C~"" ,~ Assistant Secretary for Highways and Local Programs By '--- Title Mflyor _ rlty of A nhnrn Date Executed HAR 02 200S DOT Form 140-041 EF Revised 4/2000 ~ ::7: Washington State ""'Department 01 Transportation MENCtocal Agency Agreement Supplement Agency City of Auburn Federal Aid Project Number ITS-2004(045) Agreement Number LA-5777 Supplement Number 2 CFDA No. 20.205 (Catalog of Federal Domestic Assistance) The Local Agency desires to supplement the agreement entered into and executed on September 20, 2004 All provisions in the basic agreement remain in effect except as expressly modified by this suoplement. The changes to the agreement are described as follows: Project Description Name City of Auburn Citywide Intelligent Transportation Improvmeents Length Citywide Termini N/A Description of Work 181 No Change Reason for Supplement To obligate funds for construction of Phase lA, Auburn Way South ITS. ---_..._--~- Estimate of Funding Type of Work (1) (2) (3) (4) (5) Previous Supplement Estimated Total Estimated Agency Estimated AareemenUSuaal. Project Funds Funds Federal Funds PE a. Agency 105,000.00 105,000.00 52.500.00 52,500.00 50 % b. Other Consultant 367,500.00 367,500.00 t83.750.00 t 83,750.00 - c. Other Federal Aid d. State ] 0,000.00 10,000.00 5,000.00 5,000.00 Participation Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 482,500.00 482,500.00 241,250.00 241,250.00 Right of Way f. Agency - % a.Other Federal Aid h. Other Participation i. State : Ratio for RW i. Total RfW Cast Estimate (f+a+h+j) Construction k. Contract 800,000.00 800,000.00 400.000.00 400,000.00 . I. Other m. Other I n. Other IT Procunnent Ph. IA 400,000.00 400,000.00 200,000.00 200,000.00 50 % - 40,462.00 40,462.00 20,231.00 20,231.00 - o. Agency Federal Aid p. State 5.000.00 5,000.00 2,500.00 2,500.00 Participation Ratio for CN a. Total CN Cost Estimate (k~.""",,,"","",) 400,000.00 845,462.00 1,245,462.00 622,731.00 622,731.00 r. Total Proiect Cost Estimate (e-<i-oql 882,500.00 845,462.00 1,727,962.00 I 863,981.00 863,981.00 By further stipulates that pursuant to said Title 23. regulations and pOlicies and procedures, and as a condition eral funds· . epts and will comply with the applicable provisions. Washington State Department of Transportation By 0~[~. . .- , ~ Assistant Secretary for Highways and Local Programs MAR 0 2 Z005 :---r-- ~ Title Date Executed DOT Form 140-041 EF Revised 4/2000