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Home My WebLink About3975 RESOLUTION NO. 3 9 7 5 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 WASHINGTON STATE DEPARTMENT OF TRANSPORTATION RELATING TO PROJECT NO. C421A, M ST SE (29TH ST SE TO 37TH ST SE) IMPROVEMENTS WHEREAS, the City of Auburn is completing design and construction of the roadway and utility improvements on 'M' Street SE between 29th Street SE and 3th St SE and water main improvements on 3th St SE between 'M' St SE and Olympic St SE; and WHEREAS, the City has been awarded a Federal Highway Administration SAFETEA-LU grant in the amount of $342,190 with no required local funding match, and WHEREAS, the Washington State Department of Transportation is a State agency responsible for the administration of Federal Highway Administration funds for transportation projects; and WHEREAS, it is in the best interest of the City to use federal 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. 3975 February 21, 2006 Page 1 of 3 Section 1. The Mayor and City Clerk are hereby authorized to execute a Local Agency Agreement between the City and Washington State Department of Transportation, in substantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. In addition, the Mayor and City Clerk are hereby authorized to execute any necessary supplemental agreements for all future phases of the project up to the total amount of the grant of $342,190. 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. r- Dated and Signed this .)/ ~day o{; 1ii-l. ,2006. ~ PETER B. LEWIS MAYOR Resolution No. 3975 February 21, 2006 Page 2 of 3 ATTEST: J1uS1l~ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: tPX .-/ iel B. Held, City Attorney Resolution No. 3975 February 21,2006 Page 3 of 3 CFDA No. 20.205 (Catalog of Foderal Oomes~c Assistance) Project No. __ ---------l I I I ! , _ _ __M___ __..__ __ _ _.._ __.MM_. .-- - - -~- -- - _.-- 1-' I I I I I I I I I I I I I ..... ili Washington State Department of Transportation Agency Address City of Auburn 25 W Main St Auburn, WA 98001 Local Agency Agreement Agreement No. ________ ____________ For OSC WSDOT us. On The Local Agency having complied. 01 hereby agreeing to comply, wiU, the terms and conditions set furth in (1) Title 23, U.S. Code Highwsya, (2) the regulations issued pursuant thereto, (3) Office of Management alld Budget Circulars A-I02, A-S? and A-Il3. (4) the policies and procedures promulgated by the Washington SllIte DeplIrtment of Transportation. and (5) the federal aid project agre>:l1lC01t COllered into between the State and Federal Govermnent, relative to the above project. the Washington SllIte Depanment of Trallsponalion will aud10dze the Lotal Agency to proceed on tbe project by a separate nolilkalion. FedcnJ funds which are 10 be obligated for the project may not Cl<ceed the amounl shown herein on line r, column 3, without written authodty by the SUite, subject 10 the approval of the Federal Highwa,' Administration. All project CDS,," not reimbursed by the Federal Government shall be the responsibility ofU,e Local Agency. Project Description Name 'M' St SE (29th St SE to 37th St SE) Length 0.4 mile Termini 29th St SE to 37th St SE Description of Work This project will reconstruct the pavement, repair and construct continuous pedestrian facilities on both sides of the street, and upgrade the existing stann drainage trunk line on this 2,200ft section of'M' 5t SE. This project will also connect three dead-end waler mains on 37th St SE (just east ofM 51 SE). Type of Work PE 100 % __ a. Agency _...____.__ ...__. l!. Other (Cons~~lIIltL______ !UJther _____ _________." d. State e. Total PE QJst Estimate a+b+c+d ,t, Agencv Federal Ald Participation Ratio for PE RIght of Way 0/0 Federal Aid Participetion Ratio for RW Conslnlctlon +h+1 0/0 Federal Aid Participation Ratio forCH Agency Official By Title Mayor DOT Fonn 140-009 EF ReWled 01/2004 L. - ----------------------------------------- Resolution No. 3975 - Exhibit A February 21, 2006 Page 1 of4 __!stlmate of Fund~'!~L (1) (2) Estimated Total Estimated Agency Pro ect Funds Funds __~Oil_O:O? ;__ ____~go . 234600.00 i 0.00 (3) Estimated Federal Funds 15,000-99 234,600.00 3,000_00 252,600.00 0_00 3,000.00 252,600.00 252 600.00 252 600.00 Washington State Department of Transportation By Assistant Secretary for Highwa;s and Local Programs Date Executed _J Construction Method of Financing State Ad and Award o Me1hod A . Advance payment- Agoocy Share 01 total construction cost (based on contract award) o Method B - Withhold from gas tax the Agency's share 01 total construction cost (line 4. column 2) in the amoont cf I' I I I I I I I I I I I I I I I I I I I I (Chock M9Ihod s../&CI1Id) $ at$ ..-- - - -- - - l I per month for months. Local Foree or Local Ad and Award 181 Method C - Agency cost incurred with pll1lal rembursement The Local Agency further stipulates that pursuant 10 saki Title 23, regulations and policies and procedures. and as a COlldition to payment of the federal funds obligated, It accepts and win comply with the applicable pro~lslons set forth below. Adopted by official action on February 21 2006 , ResoluUon/Ordinance No. 3975 Provisions I. Scope of Work The Agency .hall provide all the wo.t, labor. materials. .00 savi<:cs necesS3J)' to perform the project which ;. described and set forth in detlli1 in the "Projecl Oeacriptino" and "TypeolWork." Wbeo the State acts for and 00 behalf of die Agency. the Slate sholl be docmed an IllJCDt ol the Agency and shan perf01lll the services deocn'bed and indicated in "Type of Wo"''' on the face of Ibis IlIreem..u. in occord",ce with plans and specifications as proposed by the Agency and approved by tlte Swe aOO the Federal Highw.y Administrati01l. When the Stote acts for the Agency bu, is nor subject to the right of conlrol by tbe Agenc)', the Stall: 5haU have the right 10 porrolm the ~'Ofk subject to the ordinary procedu..res of the State aDd Federal Hiehw&y Administration. II. Delegation of Authority The Slate is willing '0 fulfill the n:sJlonsibiJitiC$ ~o the Federal eovemmen1 by the administration of this project. The AIIC"l'Y all'''' lhat the Stale shall ~ave the full authority to any out tbis administration. The Stace !Ihall review. process. and approve documents required for federal aid reimbunuoent in a<<ordance wi1h fedelal roquiroments. If Ibe Swe adva1ises and awarda the cootl1otl. the Stale will further act for the Agency in all matlcn ooa<eminl the project .. requested by the Alency. If the Local ^~,.lty advertises ond awarda ,he projec.. the State shall review the work to ensure c.onformity with the approved plans BIld specificobOllS. . III. Project Admlnllltl'1lllon Cenain typea of W(lCk and servi<:co shall be prOYided by tho Stale on Ihia pcojetl as requ...ted by lbeAgenq and desaibed in theT)'pe of Work above. In additi01l. the Stale will fwnisb qualified personnel for the supervision and inspocliOD of the work in procresa. On Locol Agency adverti&ed ODd awarded proj cctI. the: supervi3ion and insp~tioo shall be limited to ensuring fill wotk is in eonformancoo with approved pl.... ipOCilicatiOllli. and federal lid requiremenls. The salOl)' olsuch mgiD.... or other ,upelVisor and all other salari.. and tOSts incurred by State rOl~cs upoo the project will be considored a cost Ibcm>f. All COSIS related 10 this p<oJec. iDcurred by...ployee.s of the Stale in Ihe cuslomlll)l mlllUlel' 00 hiihway 1'8)'1'011. and vou<hetS shall be c:bllrlled as COllis of the proj cct. IV. Availability of RlH;ordll All project reco.c1s in support of all ccals incurred and actual ClIjJeIlditures kepi by the Agcat:)o' are to be maintained in a<<ordancc Veith local governmenl accountiDg procedures prcscribed by the Wubington State Auditor', Office. the U.S. Depar1Dlent of Transponaion. and Ibe Washington State Department of T.lIlS]lOI1ation. The records shall be open '0 inspection by Ibe St...llDd Fedenol Government aI all reasonable times and shall be retained and made available for suell inspection for a period ofootless than three years from the {U1s1 paymenl of any federal aid fWlds 10 the AS<<Icy. Copies of said records shall be fumislled Ie the Slote and/or Federal Oovemmenl upon reqlJOSt. V. compliance with Provlllionll The Agency shall nol incur any federal aid participation ccsts on any classification ot" work on this project until aulhorizcd in writinS by the State foc each classification, 1bc cla.uificatioo!l o( work for projects are: DOT Fonn 140-039 EF Revi..~ 0112()().t 1____ ---------------------"~------------.------- R.esolution No. 3975 - Exhibit A February 21, 2006 P"age 2 of 4 I. l'n:Iiminar-y engioeering_ 2. Right of ....ay acquisition. 3-. Project construction. In the event that ri&ht of way acquisidoa, or actual c:onstrudion of 1hc road. for which prEliminary mgineerin~ Is undertaken is nor started by th. closing Df the teeth fiscal year following the rlS<al year in wbich Ibe IlIreement is ..ecnled, the Apcy ...in ~ III dte State tho sum or IlUII1S ol faderal funds poid 10 the AIIC"l'Y under tho lerms of this ocr.....nt (see: Section IX)_ The Agency agrees that all staaes of wnstruction ncc~wy to provide the: iniliall)' planned complete facili.y within the limits ollbis pl'oject win coafOl11l to at least the minimlW values set b)' approved state\l,'ide dcsilPl standards applicable to thi. class of highways, ....at Ibough such addit'OIl.1 work i. financed wilbout fedorollid porticipalion. The A(;:enq.' agrees that on ~deraJ aid hi.chway constnlctioo pr-ojeclS. the cu".,,1 federal aid regulations which apply tc Iiquidaled cWnap re1alive 10 the buis of federal porticipalinn in Ibe project tOIII shall be applicable in Ibe event me eonlract<X" fails to complete Ihe c.onttBc1 with.in the contract time. VI. Payment and Partial Reimbursement 1l11~: total cost of 1hc project. including all rc\'icw and eneinec:ring costa and other ..penses of the Sta... is to be poid by the Agen'Y and by the Federal ~...t. Fedenl funding shall be in ac<:ordaote wilb the TJ8DlIIlOIlOIiOll Equill' Acl for the 21" Centuty (TEA 21~ as amen4ed. and Offi.. ol Man..ement and Budael cirl:n1an A-I02, A-81 and A-I ll. The State shall nO( be uJtimatd)' _,'-hle for any of the ceots ol the 1'I'!iect. The Agency sball be uilimately respoTlOible for all coots associated with the project which "'" nO( reimbursed by .he Federal Oov=""'_ Not~ing iD Ibis ag""""anI shall be eonstrucd .. a promise by the Swe .. 10 thc amouDt or nalllre of fedor.1 paniciparion in thb PRrlc:ct. The Agency .ball bUI tbe slole for fedoral >lid project costs inCUITed in conform;!)' with .JlIllicable federal ",d stat. I.ws. The asency .hall mimimi.. the time elopsed boIwem receipl of l'ederol aid funds and subsequent payment ol incurred costs. Expeaditurcs by the Local ABmcy for maintenance. gcnc:t'lll adminiJlIauot1. supervision. 1UId ocher overhead shall Dol be: eligible (or federal participation unless BO indirect cost plan has been approvCld by WSDOT. The Slate "ill pay for Stale incurred c_ OIllbe project. Followin~ poymenl. the Stal< shoJI bill tho Feda-al Government for reimbursemenl of ,ho.e OOSIs eligible ror fedml porticip.noo to the ....., Iha1 sOch ccou are atlributable and propert)' sIIocable co Ibis projoc:l The State .han hill the Agency for thlll poniOll of Stale !;:O$\S ",f\iclt were not reimblU'sed by the Federal Governmenl (sce Sectioo IX). I. ProJecl Construction Co.ts Project t<>DStruction financing will be lIttomplished by one of the three methods as mdkated. in this agreement. 2 .J I I Melhod A - The AgCllC)! win pIa<e "ith die State, within (20) da>' after die executioo of tho consttUctloo. contrad, BJl Bd\'iDCiC! in the amoun( of the AgCDCY'S ,hare of the tof:aJ conSU'Uetion cost based on the cOntract a..1U'd. The State: .."ill notify tbe Agency of ,be ..... amount to be depao;ile4 with Ih. SIB'e. The Stale will pay all ~ts incun'Cd under the corUract upon presentation of Pfogtesa billings from the contraolor. Following such payments, lb. Srat. win ...bmit a billing 10 lb. FederIlI Oovenunen\ fOT the fedcrol aid participation sha.. of the CDlt When the project is substantially completed and firnl1 aetual. costs or the project <81\ be -.nined. the Slate will preoent the Agaley with a finol billing showioj& the amount due. the State or the amount due 1bc Agenc)"_ Thi, billilli will be d..-ed by either a p&)'1Il<sl1 from tbe A~'CI\cy to die Stale or by . refund from lb. SIBle to lbe AgOllC)'. --- - - _u._ - '1 I I I I I X. Traffic Control, SIgnIng, Marking, and Roadway Maintenance The AGency will Dot pcnnit any chaI1g:Cl$ to be made in the provwOQ$ for parkinG n:gulatinn.s. and trluic centrol on this project without pr1()1" approval of !he SI..e and Fedenl Highway Adminutratioll. The Agent). will not i..tall or permit 10 be inStalled lilY ligna.. liKllah. or markings Dot in woformaace with th. slandards approved by the Fedenl Highwoy Adminishlllion and MUTCD. The AlI""cy will. al its own ..pc:nso. maintain the impro,...ent cc,..,-ed by obis agreement XI. Indemnity no Agency shaU bold the Fedenl Go........cnt ..d the State bannless from and shaU procas ..d defend at ill own ..pense 011 c1aimJ. demonds. or ollila. whet..... a1 law or equity broughl apinst the ^ileocy. Slate. or federal OovcnunenL arioiAa &om die Agency's OO<O<1Iti.... p<<fonnllllC:e, or failln to pcrfonn any of die provisions of this agreomen1, or of any other lIIr......" or ccnl_ COlUlected wilb this qrecm...., or arising by reason of the porticipati... of the SliIle OT Ped<<al Government in the p"!iecl. PROVIDED. oothing herein shaU require the Agtney to Je:imbune 1hc. State or the Federal Oovcmmcn1 for damllll" arising out of bodily UVIU)' '0 p...... or damage to property CAUSed by or resuhing from the 30Ie negllgODCe of the Federal Governmenlor the State. XII. NDndlllcrlmlnatlDn Provision No tiability.haIl aUaeIt to tile Slate or Fedml Oo,'emment etcept.. expressty provided ha-ein. The Ageo,ey Iihall not di$ 'riminatc em the buis of ra.c:e. color. Dation" origin. or .Ol< in !he award and p<<fomanee of any USDOT....isted colllI1lA;l ond!or agreement or in the administratioo of its DIlE proanun or the requiremenls of 49 CFR Pan 26. The A,CIlC)! shaU take an oecessary and r<a$l)nable steps und<< 49 CFR Part 26 10 etUUI'1l naodiscrimination in the award and administnldon of USDOT....imd COOI,""IS and "llreemen... The WSDOT's DBE JlI1lIll1lID. as required by 49 CFR Part 26 and as appr...-ed by USDOT. is in_ted by rcCcrcnce in tlIls agreement. hnplanmtation of this procran is . IcgaI. obligation and fail~ 10 carry out itl tcnI1$ sb.t1 'be treated as a VlOlation of this agreement. Upon notification to the Ayency of its failure to cany out its approved program. tbe Dcpartmmt may impose sanctions BlI prOvided for UDder Part 26 IlId may, in appropriate <8101, n:ferdle mallerfi>r enforcement under 18 US.C. 1001 ondior the Ptogram Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et SO<l.l. Ihe Agency he..by 31:'''' thaI it will incorporate ~ caus<: to be incorporated inio any contract for cQn~ work. CI' modification thereof, as defined in Ihe 1111.. and tegulatiQIII of the Sccmary of Labor in 41 CFR Chapt..- 60. wbieb i. paid far in wItole er in part with fimds obtained from lb. Federal Ooveromenr or banowed on the credit of !be Federal Governmenr pursuanl to a _~ contraet. t.... insunnoe. OT g......1ee or understanding pUl1luanl to any fedoral pro(Jl'am mvolvq such gnm11 e<m1ract. Loan. insurance:. or ~uaramee, 1he required cootrad provisi<lllll for PedenJ-.Aid Cootraets (FHWA 1273).localed in Chapter 44 of1be 1.o<:a1 Ag<ncy Guidelines. The Aseney further ........ thai i. will be bound by the above equal opportuait)" clause wi.th respect to i13 owu tmployment practi~ wbm it partioipates in federally uaisled ccastruction warlc; Provided..bat if !be applicanl so porticipatin, is a Stale or Local GOV<mIIlenl. lhe above equal opportUnity clause is not applicable to any aaeucy. UtSh'Wl'lc:ntatity. or subdivisioa. of such l,o\o"'ClIlmeat which does nol participate in work 00 or under the tootraCt. The AgCllC)!also agrees; (I) Ta...is! and cooperate activ.1y with !he Stat. in obtaining the """'plilllce of conlract... and ,ubeontracton with the equal opportunity clause and NI... regula1ions. and rfllovanl ordeB of tile Secretary of Labor. (2) Io furnish the Stale ouch Infornl4lian as it may require fer the supervision cf IUch compliuKe and that it will otherwise assist the State in Ihe discblll'lle of ill prinwy RSpoclSibility for ,ecuring ccmpll"""". (3) To refrain from a>larillll into any co.tract or contract modlfl<alion ,object to E.ccutive Order 11246 of September 24. 1965. wiob a contraetOT debmed from. or who h.. net demooslrated eligibility for, iovernmenl contrac.ts and fedetally usis1c:d conStTuction contracts pw'suant to the Exec:uti\'c Order. (4) To cany aul such ...."i.,.. and penalties for violalion of Ille eqnaI opportunit;. clause B5 all.Y be imposed upon contractOR and !Iu.bcontr8CtOI'S by th. St,l.. Federal Highway Administration. or 'be Secrttary of Ulbar pursuan1 10 Put U. subpart Dafthe 'Cx0<1l1i,.. Order. 3 I I I I I I I I I I I I I I I I I I I MdIoad B - The Agmey'. share of tha totol constnJction ....1 as shawn on the face of this "lIf"OlI'enl shall be withheld from its monthly fuel tax allotmenls. The f..e of thi, l8Tcanen' eslablisbes the momba in whicb the wiohholding ,hall take plate and the exICt amount 10 be withheld eacl> mroth. The e.tent of withholding "ill be toIIflTllled by letter from the State al the time of contta" award. Upoo receipt of ..._ billings from Ille CO.""Clor. !he Sta~ will submit such billitlgs to the Federal Oovemmall for pa)mcnl of ill panicipatioc portion of IUCb bi1Iilljpl. Method C - The Aaency may submit vQU(hers '0 die Slare in Ihe fonn.t prescribed by the State. in dupUcate, not more than once pet month for these ccsto elillible for federal parti<ipatiOll to (he ..lent that such ""'" an: direclly atttibulable and properly allocable to thi. project. E.penditu.... by the Local Ag<<tCy for maintcnanea. gmcralldmlDistntion. suplZ'Vilj~ IUId other Q'\'Ghe&d shall nOI be e1iaiblc for Federal participation unI.., claimed under a pmieusly approved indirect coot plan. Th. Stare shall reimburse Ibe Ageney for tbe Federalsh... of eligible p"!iect costs up to the: amount sbov.ll on the r.ce of this agreement. At the time of a\NIil. the Agalcy will provide documentation of all coots incurred on the ...aject. Th. State shall bill the ASency for all c.... incurred by the Slate relative to the project. Th. State aboll also bill the Agency for obe fed..-al funds paid by the r-- I I In a4ditiCXI, the Agency Ill..... thal if it faila or n:fUses '" COl11p1y "i!h thac wul<<takiap, the Stale may take any or all of the followiDa actions: (a) CUlceJ. tel1hlnate. or suspcad this ap"ccmenl in whole or ia part; (b) Refrain &om ""teading any further assistance to the Agency under the prognm "ith teopocl to whieb tbe failure or ",fusal 0CI0\IIIl0<I uotil ..tiafactory .....ran.. of future CCICllpliance b.. been received m,m lbe A-gOlloy; and .---l I I I XV. Venue for Claims and/or Causes of Action Fer the "",..,.;en.. of the portica to Ibis ....lrllOt, it is aarec:d lbat 1IIl}' claims ancllor ....... of IOtica whieb the Loc:a1 Agency has apmsl the Stile of W..hiagton, growiDa Dllt of this IXlIltrICt or the project witb wbieb it is ._<med, shaI1 be lxougbt lIIliy in the Superior Coon fnr '!lu..ton Count)'. XVI. Certification Reg8ldlnglhe Restrtctlons of the Uee of Fedenll Funds for Lobbying Th. "",,",yilli 1ldh0l-ity 0<lt1Ile5. to 1I1e best of his or her knowledge and belief, thal: (I) No fedora! sppropriated fuaiIs have been paid CI' will be pOid, by or 00 brhaIf of the: unc;b:::SllPled. 10 any plCl!KJD for influencinG: or attempting to influooce an olli.... or employeo of any fedcnllll!moy. a m""ber of Congres.. an offi.er<< employcc of Coagresa, or an employee of a member of CDll\,'TC118 in CalOcctiOll with the awardi1lJl of lII1Y federal c:oIl1ract, the making of aoy federal lP'1II1~ the making of any federal I.... the ..,ermg Intc of any oocperatlve agrccmmt. and the ex.teDS~ c:ontinuation4 n:newtl. amendment. or modif1<:auOIl of..y federal contrac:t, gran~ loon, OT cooperative agreement (2) If any fundo other 0.... federal appropriated funds havc been paid or "ill be paid to any person Cor mfJucncing or ancmptlna to influC'l1ce an officer or employ<<: of nny fedora! agency. a m<mber of Congn:s$. an off_ or employ.. of CDJIll1"'Is, or an employee of a lIICOIlber of Ccc1lln:s& in connoclion "ilIllbis fed<ral centro<!, grant I..... or cooperative agrccmeut, the undet>igned shall cOlllplete and submit the Stlllldlrd Form - 1lJ.. "DisclOllUre Fonn \0 Rq>on Lobb)'illll: in acCOl-danoe with ilS UlstJ\lc:tions. (3) The lII1dtni811ed shal1 n:quire that tho IIIliU~e of Ibis cettiti.arion he inoh\ded in the award doolllllenu foc 011 subawards aI all Ii<<. (inclllding subgranlS, and tonlra<1J and ..boon_IS under gran", .ubgrams, loans. and ._!h'e llln:emOll") w~i.h ....oed $100.000. and 11101 all such subtecipk:nt1 shall certify and di5olose aceordinsly, This catifiCldion ;$ a material rrprcscntation of fact UpaD which n:IiKKe \\. plated _ lbil tr......tiOll W8I made or en.....d into. SubmissiOll of this certification as a prerequisite fur makina: or eotering; into this ttansactioa. imposed by SediOl1 1352. TIdeJl, U.S. Code. Arty penon w~o fails 10 file the required <ertification .hall be aubjoot '" a civil penalty of nOll..s than $10,000 and not more tIum $100,000 for each such failon:. Additional Provisions ...1 (0) lletCr 1I1e cuetO tho Depaltmmt of Justice for 1SJlIllopriate legol p<-ooeedings. XIII. I..lquldated Damag.. The Ageocy hereby agroc:o lhat 1110 liquidated clamagea provisions of 23 CPR Part 635. S.bpart 121. .. supplemented. relative to the amCOJDt of Federal partlcipatlon in tbo projcd: cost, shall be applicoblo in lhe: event the c_or fails to oomplolo the 0_ within the controot lime. Fail\ll'e to inclnde Jiqvi.dated damaees provision win no1 "breve the Agency from reducliOl1 of federal participation;n aocordanoe wilb this paragnph. XIV. Termlnallon for Public Convenience The Seor<UllY of tbo Washillj!lon State Department of Transponarion may tcrmina1e the emttact in whole. or frDn1 time: to time in pan, whenever: (I) Th. n:qui3it. fedaal funding bccome5 unavailable through fail"", of approprilriOD or oehcrwiac. (2) The cOlllnlOtor is prn-.nled n-OIII proceediag with the woci< .. a direct result of an Executive Older of the President ,,;!h respo<:! to 1110 p_ion of war or in the interest of a.riooal defense. or an Executive Order of the PresideDt or Governor of the S_ with "",pod: to the pt'caOlValinl1 of enetllY resOUl'OQ. (3) The con..""tor Is _eoted from proceeding "ith the work by reaao. of & prdiminary. speoi&l. or permanent 1....0i0ing ord.. of a coun of 'OI11petonl jurisdi.tion where 1I1e iasuance of ..oil ordor is prim.-ily .....0<1 by lhe ad:I or omissions of pmIonl or agencies 01ber than the contractor. (4) The Sea-elary <k:tennlnea that such tennination i. in the beoI int...... of tboS,.... DOT Form 140-1]39 EF ROYia.d 01/2004 L.__ _________________w_________________________ R-esolution No, 3975 - Exhibit A February 21, 2006 Page 4 of 4 4 " .. If $E 301N If II: III tt " 31ST If It _nlr , ~If$( 33ItD If $E W Ii " VICINITY MAP PROJECT C421A M ST SE IMPROVEMENTS "IJ", ....... ~~ ;d~ i'" _d ii~ i!~ <~ ~~ . PROJECT AREA 3>.. e~ III l; " 1JATE:R MAIN IHPRCVE:HE:Nl ARE:A / NOVE:MBER 2005 H,\PROJ\C421A-M-S~SE37-29\Projoct Mc.nc.g"ont\PMP Mcp,dwg M Washington State Department of Transportation Agency City of Auburn Address 25 W Main St Auburn, WA 98001 WV CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Project No. ,PP- 109 1 Co °z Agreement No. LA 6054 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) Office of Management and Budget Circulars A-102, 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 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 `M' St SE (29th St SE to 37th St SE) Length 0.4 mile Termini 29th St SE to 37th St SE Description of Work This project will reconstruct the pavement, repair and construct continuous pedestrian facilities on both sides of the street, and upgrade the existing storm drainage trunk line on this 2,200ft section of'M' St SE. This project will also connect three dead-end water mains on 37th St SE (just east of M St SE). Estimate of Funding Type of Work Estimated Total Project Funds ) Estimated Agency Funds Estimated Federal Funds PE a. Agency 15,000.00 0.00 15,000.00 100 % b. Other Consultant 234,600.00 0.00 234,600.00 c. Other Contingency for AC 89,590.00 0.00 89,590.00 Federal Aid d. State 3,000.00 0.00 3,000.00 Participation Ratio for PE e. Total PE Cost Estimate a+b+c+d 342,190.00 342,190.00 Right of Way f. Agency % .Other h. Other Federal Aid i. State Participation Ratio for RW i. Total R/W Cost Estimate f+ +h+i Construction k. Contract 1. Other m. Other n. Other % o. Agency Federal Aid . State Participation Ratio for CN . Total CN Cost Estimate k+l+m+n+o+ F r. Total Project Cost Estimate (e+j+q) 342,190.00 342,190.00 Agenc Official By Title favor Local Agency Agreement Washington =fMrtation By Assistant Secretary for Highways and Local Programs 0-1,11612-00r, Date Executed APP 0 5 2006 DOT Form 140-039 EF Revised 01/2004 1 y l 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 construction cost (line 4, column 2) in the amount of at $ Local Force or Local Ad and Award ® 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 will comply with the applicable provisions set forth below. Adopted by official action on February 21 Provisions 1. Scope of Work , 2006 , Resolution/Ordinance No. 3975 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 carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters 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 shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all 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: 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-102, A-87 and A-] 33. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall 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 federal participation unless an indirect cost plan has been approved by WSDOT. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. DOT Form 140-039 EF Revised 01/2004 Method A - The Agency will place with the State, within (20) days after the execution of the Construction contract, an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due 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 exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C - The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). VII. Audit of Federal Consultant 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 Intemal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and Office of Management and Budget Circular A-133. 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 Office of Management and Budget (OMB) Circular A-133 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 provisions of OMB Circular A-133. Upon conclusion of the A-133 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, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed the Assistant Secretary for Highways and Local Programs. 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 MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Govemment 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 Govemment in the project, PROVIDED, nothing 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 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 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 Govemment, 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 fumish 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. DOT Form 140-039 EF Revised 01/2004 t. In addition, the, Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. X111. 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 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: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or 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 $100,000 for each such failure. Additional Provisions DOT Form 140-039 EF Revised 01/2004 JUN-22-2006 THU 07:20 AM FAX NO, 3607056822 P, 01 .~ '.'/ iii:7: Washington State "/I. OepF4rthll'mt oJ Transportation Itf,OlON f;1IJV.. Local Agency Agreement. Agency Address City of Aubtlnl 25 W Main St Auburn, WA 98001 CFDA No. 20.205 (Catalog of Federal Domeslic AssistGlnce) proJeetNo. --I:I?2CA 166 ~"4z.:L.- Agreement No. ___._.~._ ,...---:..-..._ For OSC WSJ;lOT Use Only The Loctll Agcnc)' having COJllplied, or hereby 11!,'recll1n to comply, with the terms and conditions suI forth in (I) Title 23, V',S, Codc Uighway~, (2) the r~gl1lntlons issued pl1fsunnl thCll'OtO, (3) Oftlce of Miln!lgoment llJ1d Budeet Clrcl,1lufs A-\02. A-87 and A.I3J, (4) the policies allq procedures pr(ll1lulgatel.! by lhe Wnshinglon Stale Departmcot of 'rrnnsporlilllon, and (5) the fedenll ail! pr~joct agrcClYlcnl ctllcrcd Imo between the Stulc LInd Fcderul Governmont, relative 10 thll above project, th~ Wa.~I1in8t0I1 Slate Dcp:mmenl ofTr&nsp<>r1atiol1 will aUthorize the Local Agency to pl'oceed on the project by n $cpm'nte nOlitjcll-tion. fo'~dcral f\lnds which are to be obligated for the projoct IDnr not e):Clled tho amount shown herein on line J" column 3. wlthO\l\ wriuu!l ~\uthol'ity by Ihe Stale, subject to the approval of the Fedoral Highway Admim.tJ'ation. All projcci costs nol rcimb~lfScd by the J.'cl1<}rt\) Gl)vl'mmcnl sholl be fhe responsibilily of tile Local AiellO)'. . Project Description Name 1M' St SE (29th St SE to 37th St SE) Length 0,.4 mile TerminI 291h St S1:: to 37th St SE Description of Work Tl1is project will reconstruct the pavement. repair and construot continuous pedestrian facilities on both sides of the street, and upgrade tho existing storm drainage trunk line on this 2,200ft section of 1M I St SE. This project will also connect l11reo dead-end water mains on 37th St SE (I ust east of M St SB). PE 100 % Estf.mate.~f FU!:1dih~", _.__ __ M) ~) ~) Estimated Tofal !:stlmated Agency Eslimated Pro'eel FUnds FUndS Federal Funds ~~~'-~---'-ft " 15,000.00 ,__. 0.00 _,_...~~~ _p._Olhel~~tant .-.----'-o_.~._ 234,600,0.9. .__Q,OO __?34,60.9,OO ~Q~her .Contingency r?!~___ _, 89,S90.00 -----._.~gQ 89,590.00 ...!L.~late '-"'_"~__.. ,.~~~._~_~.OO ..=: 3,O~O,OO e. Tofal PE Cost !:stimafe a+b+c+d 342,190,00 342,190.00 ...f:..Agency,,_..~_.____ _ ,._,__ "_'__,.. _. _s....Oll~,_..___._._. "'_~_,,_ _.__ '~"~'__ _~.otheL-..~,.~~.__. __._ __....__.. ',___.,_. r. State -"'- -'-"'-~-...-...,- . Total R/W Cost J:stimrilte f1- th;-I k. Contract - ---'~--.._--..- -1..9..!!:!!!.L____.~__~~._ m. other --"'<#.-'0-11_10_ n. Other - .----I~-----~_,-....... ~o..:~~D~__,._.___ Fal'i# ..Q.. .State.,~.~ __,_._ . Total eN Cos Estimlilte k+l+m~n+o+ otal ProJec t E$tlmBte (e+ +q) I'honD it Type of Work Federal AId Partlcfpation Rl3tio for PE Right of Way % Federa! Aid Participation Ratio fQr RW Construction % Fed9ral Aid PartlelpSlion RatIo for eN Ftll'i# 342 190.00 342,190.00 By ----" Tltlo Ma>'or Asslst.nl SllIcrelary for Highways and Loeal Programs 03/Ib/7..DO~ Date ExeelJted APR 0 5 2006 DOT Fonn 140-0311 EF R~\li~lltl nll?nnd ~,- ~~~ ti Washington State Department of Transportation Local Agency Agreement Supplement Agency Supplement Number City of Auburn 1 Federal Aid Project Number _ Agreement Number CFDA No. 20.205 HPP-1091(002) LA 6054 (Catalog of Federal Domestic Assistance) The Local Agency desires to supplement the agreement entered into and executed on April 5, 200_6__ 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 `M' St SE (29th to 37th) St SE - - - - Termini 29th St SE to 37th St SE Length 0.4 mile Description of Work ^ No Change This project will reconstruct the pavement, repair existing and construct new pedestrian facilities, install new curb and gutter on both sides of the street, and. upgrade the. existing storm drainage trunk-line on-this section of-'lam'-Street SE. - Reason for Supplement Request funding for construction phase. /~' ~~ -- Estimate of Funding - _ - - -_ Type of Work (2) (3) ~ (4) (5) Prevbus I Supplement Estimated Total Esti ' mated Agency Estimated q reement/Su I. Pro ect Funds i Funds I Federal Funds PE a. Agency 15,000.001 0.00 15,000.001 0.00 15,000.00 100 % - b Other Consultant - - -- -_ _ __ 234,600.00! - - - E- -84 600.00 _ 150,000.00' _ _ _ - ~ 0.00 -- 150,000.00 _ - _ - c. Other AC Cont /Agency Cost 89,590.00 -25,590.00 64,000.00 j 64,000.00 0.00 Federal Aid d State 3,000.00 -- 0.00 3,000.00 _ _ 0.00 _- 3,000.00 Participation __. -- -- I - ____ - __ --- __ _ Ratio for PE ( ) e. Total PE Cost Estimate a+b+c+d ' 342 190.00. - ' 110 190.00 , 232,000.001 64,000.00 168,000.00 Right of WaY f._Agency _--- _ _ i - _ . ~ _ - _ _- -_ _ _ L _ i ~ - ~ - Federal Aid h. Other i Participation -- -- - - -_ -, C - f - I -- Ratio for RW • - -_ I e _ _ -_ _ _ - - l_ --__- -_ -_ -- - - _ R/W Cost Estimate f+ +h+i Tota i i i Construction k. Contract - - - I -- _- _ - _ ~ 173,190.00 - - - 173,190.00 _ i 0.00 ---- ~ 173,190.00 Other m. Other n. Other j I 10.0 % - -- - o Agency - - -- - - - -- - 1 285 810.00 1,285 810.00' - --- - -- 1,285,810.00 - 0.00 -- --- - Federa l Aid tate p ],000.00 1 000.00 0.00 ~ 1,000.00 p Partici ation _ _ __ _ - _ ~ - - _ __ _ _ __ _ 0 _____ _ 10 0 ____ _ ___ 190 00 174 Ratio for CN . Total CN Cost Estimate k+l+rri+n+o j 1 460 000.00 I 1,460,000.0 .0 1,285,8 . , r. Total Project Cost Estimate(e+j+q) 342,190.00'; 1,349,810.001 1,692,000.00'' 1,349,810.001 342,190.00 The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to paymen ederal f ds oblig d, it accepts and will comply with the applicable provisions. Agency ffi Washington St to De artment of Tr nsportation By _ _ --~ -- _ - -_ - - - -- By - --_ Title Assistant Secretary for ighways and ~oNc~a~l Ptr~og~_ra ~s~~~ M r o uburn _ - _ - - _- ElA~~4 ~ ~BV -~ 4 2006 i l Date Executed DOT Form 140-041 EF Revised 4/2000 ? Washington State i Department of Transportation Local Agency Agreement Supplement Agency Supplement Number City of Auburn 2 Federal Aid Project Number Agreement Number CFDA No. 20.205 HPP-1091(002) LA 6054 (Catalog of Federal Domestic Assistance) The Local Agency desires to supplement the agreement entered into and executed on April 5, 2006 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 `M' St SE (29th to 37th St Termini 29th St SE to 37th St SE Description of Work ® No Change This project will reconstruct the pavement, repair existing and construct new pedestrian facilities, install new curb and gutter on both sides of the street, and upgrade the existing storm drainage trunk line on this section of 'M' Street SE. + Reason for-aupptemerrt-- --- Transfer funding from the PE phase to the Construction phase. Estimate of Funding of Work Type (1) Previous A reement/Su I. (2) Supplement (3) Estimated Total Project Funds (4) Estimated Agency Funds (5) Estimated Federal Funds PE a. Agency 15,000.00 -7,325.00 7,675.00 0.00 7,675.00 100 % b. Other Consultant 150,000.00 -28,464.00 121,536.00 0.00 121,536.00 c. Other AC Cont / Agency Cost 64,000.00 40,000.00 104,000.00 104,000.00 0.00 Federal Aid d. State ati Parti i n 3,000.00 0.00 3,000.00 0.00 3,000.00 - p c o Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 232,000.00 4,211.00 236,211.00 104,000.00 132,211.00 Right of Way f. Agency % .Other Federal Aid h. Other Participation Ratio for RW i. State j. Total R/W Cost Estimate (f+ +h+i) Construction k. Contract 1 173,190.00 35,789.00 208,979.00 0.00 208,979.00 1. Other m. Other n. Other 100 % o Agency 1,285,810.00 -244,000.00 1,041,810.00 1,041,810.00 0.00 . Federal Aid p. State ti ti P i 1,000.00 0.00 1,000.00 0.00 1,000.00 on ar c pa Ratio for CN . Total CN Cost Estimate k+l+m+n+o 1,460,000.00 -208,211.00 1,251,789.00 1,041,810.00 209,979.00 r. Total Project Cost Estimate (e +N) 1,692,000.00 -204,000.00 1,488,000.00 1,145,810.00 342,190.00 suant to said Title 23, regulations and policies and procedures, and as a condition The Local Agency fu tipulate; that to payment of the ederal fun bligated, it a epts and will comply with the applicable provisions. Agency Off icia Washington State a rtment of Trnsportation By ?. By -- Title Mayor of Auburn Assistant Secretary for ighways and Local Programs MAR 1 x 2008 Length 0.4 mile Date Executed DOT Form 140-041 EF Revised 4/2000