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RESOLUTION NO. 4516
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A LOCAL AGENGY AGREEMENT BETWEEN
THE CITY OF AUBURN AND WASHINGTON STATE DEPARTMENT
OF TRANSPORTATION RELATING TO PROJECT NO. CP0914, F
STREET SE / 4T" STREET SE TRAFFIC SiGNAC IMPROVEMENTS WHEREAS, the City of Auburn ("City") is completing the design and
construction of traffic signal improvements at the intersection of F Street SE and
4th Street SE ("Project"); and
_ WHEREAS, the City has been awarded a Federal Highway Safety
Improvement Program (HSIP) grant in the amount of $396,720 with no. required
local funding match for the design and construction of the Project; 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; and
WHEREAS, the Washington State Department of Transportation re,quires a
Local Agency Agreement to utilizethese HSIP funds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, HEREBY RESOLVES as follows:
'Resolution No. 4516 .
August 21, 2009 .
Page 1
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.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as rnay 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 Si9ned this daY of , 2009.
C AUBU
~
PETER B. LEWIS
MAYOR
ATTEST: ~ Danielle E. Daskam, '
City.Clerk
A V ~ F RM:
~
iel B. He' , ~
City Attorney
Resolutian No. 4516 .
August 21, 2009
Page 2 -
Aft, . AGENCY
State
-..V-~ Local Agency Agreernent
T ~
Agency City of Auburn CFDA No. 20.205
Address 25 West Main Street (Catalog of Federal Domestic Assistan )
Project No.
-Auburn, WA 98001 Agreement No. ~7046
For OSC WSDOT Use Onl
The Local Agency having wmplied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Tide 23, U.S. Code Highways, (2)
the regulations issued pursuant thereto, (3) Office of Management and Budget C'vculars 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 Govemment, rel'ative 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 aze 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 wsu not reimbursed by
the Federal Goyernment shall be the responsibility of the Local Agency.
Project Description
Name F Street SE / 4th Street SE Traffic Signal Improvements Length N/A
Termini N/A
Description of Work
This project will design and construct a traffic signal at the intersection of F Street SE and 4th Street SE, including
pavement replacement as necessary within the intersection, replacement of sidewalks on all four corners of the
intersection to accommodate dual wheel chair ramps, and signal interconnection.
Estimate of Fundin
Type of Work (2) (3)
Estimated Total Estimated Agency Estimated '
Projec4 Funds Funds Federal Funds _
PE a. A enc 24 000.00 0.00 24,000.00
>
100 % b. Other - Consultant 35 000.00 0.00 35,000.00
c. Other
Federal Aid d: State 1,000.00 0.00 . 1,000.00
Participation
RaUo foc PE e. Total PE Cost Es6mate a+b+c+d 60 000.00 60 000.00
Right of Way f. A en
% .Other
h. Other
, Federal Aid i. State
Participation
Ratio for RW _ Total R/W Cost Estimate f+ +h+i
Construction k. Contract
I: Other
m. Other
n. Other
% 0. A enc
Federal Aid , State
Participation
Ratio for.CN . Total CN Cost Estimate k+l+m+n+o+
. Total Pro'ect Cost Estimate e+ + 60 000.00 60 000.00
Agency Washington State a errt of Transp rtation
By BY
Title pPt,,,. R i Puic TAavnr Director of Highways and Local Programs
~
. OCT 2 0 2009
Date Executed
DOT Farm 140-039 EF 1
Revised 05/09 .
i
Construction Method of Financing (CheckMethodSe/ected)
State Ad and Award
❑ Method A- Advance Payment - Agency Share of total construction cost (based on contract award)
❑ Method B- Withhold from pastax the Aqencv's share of total construction cost (line 4, column 2) in the amount of
$ at $ per month for months.
Local Force or Local Ad and Award
~ Method C- Aaencv cost incurred with nartial 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
September 8 2009 , Resolution/Ordinance No. Resolution No. 4516
' Provisions
1. SCOpe Of Work 1. Preliminary engineering.
The Agency shall provide all the work, labor, materials, and services 2. Right of way acquisition
necessary . to perform the project which is described and set forth in detail in the 3. Project construction.
"ProjectDescription" and "Type of Work."
In the event thaz right of way acquisiUOn, or actual construcuon of the road,
When the State acts for and on behalf of the Agency, the State shall be for which preliminary engineering is undertaken is not started by the closing of
deemed an ageet of the Agency and shall perfocm the services described and the tenth fiscal year following the fiscal year in which the agreement is
indicated' in "Type of Work" on the face of this agreement, in accordance with qxecuted, the ?.gency will repay to the State the sum oi sutns of fecleral funds
plans and specitications as propbsed by the Agency and approved by the State Paid to the Agency under the terms of this agreement (see Section IX).
and the Federal Highway Administration. '
When the State acfs for tlie Agency but is not subject to the right of conVOl The Agency agrees that all stages of construction necessary to provide the
by the: Agency, the State,shall have the right to perform the work subject to the initially planned complete facility within the limits of this project will conform .
ordinary procedWes of the State and Federal Highway Administration. to at least the minimum values set by approved statevAde design standards
applicable to this class of highways, even though such additional work is
11. DElegatlon of Authority financed without federal aid participation.
The State is willing to fulfill the responsibilities to the Federal Govemment The Agency agrees that on federal aid highway coqsWction projects, the
by the adminisVation of this project. 1'he Agency agees that the State shall current federal aid regulations which apply to liquidated damages relative to
haye the full authoriry to carry out this administration. The State shall review, che basis of federal pazticipaiion in the proj8ct cost shall be applicable in the
process, and appiove documents required for federal aid reimbursemrnt in event the contractor fails to complete the contract within the contract time.
accordance with federal requirements. If the State advertises and awards the
contract, the State will further act for the Agency in all matters conceming the VI. Payment and Partial Reimbursement
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 The total cost of the project, including all review and engineering cosu and
approvbd plans and specificauons. other expenses of the State, ,is to be paid by the Agency and by the Federal
Govemment. Federal funding shall be in accordance with the Federal
III. Project Adminlstration Transportation Act, as amended, and Office of Management and Budget
Certain types of work and services shall be provided by the State on this circulars A-104 A-87 and A-133. The State shall not be ultimately responsible
project as requested by the Agency and described in the Type of Work above. for any of the costs of the project. The Agency shall be ultimately responsible
' In addition, the State will furnish qualified personnel for the supervision and for all cosu associated.with the project which aze not reimbursed by the
inspection of the work in progress. On Local Agency adyertised and awarded Federal Govemment. Nothing in this agreement shall be consvued as a
projects, the supervision and inspection shall be limited to ensuring all work is Promise by the State as to the amount or nature of federal participarion in this
in conformance with approved plans, specifications, and federal aid project.
requitemenu. The salary . of such engineer or other supervisor and all other The Agency shall bill the state for federal aid project costs incurred in
salaries and cosu incurred by State forces upon the project will be considered a canformiry with applicable federal and statz laws. The agency shall minimize
cost thereof. All costs related to this project incurred by employees of the State the time elapsed between receipt of federal aid funds and subsequenc payment
in the customary manner on highway payrolls and vouchers shall be charged.as of incurred costs. Ezpenditures by the Local Agency for maintenance, general
costs of the project. administradon, supervision, and other overhead shall not be eligible for federal
IV. Availability of Reeords P~icipation unless a current indirect cost plan has been prepazed in
accordance with the regulations outlined in the federal Office of Management
All project records in support of all cosu incurred and actual expenditures & Budget (OMB) circular A-87, and retained for audit.
kept by the Agency are to be maintained in accordance with local govemment
accounting procedures prescnbed by the Washington State Additor's Office, the The State will pay for State incurred cosu on the project Following .
U.S. Department of Transportation, and the Washington State Department of Payment, the State shall bill the Federal Govemment for reimbursement of
Transportauon. The records shall be open to inspection by the State and Federal ~ose cosu, eligible for federal participation to the extent that such costs a~e
Govemment at all reasonable times and shall be retained and made available for at[ributable and properly allocable to this project. 1'he Sta[e shall bill the
such inspection for a period of not less than three years from the final payment Agency for that portion of State cosu which were not reimbursed by the
of any federal aid funds to the Agency. Copies of said records shall be Federal Government (see Section IX).
fumished to the State and/or Federal Govemment upon request. 1. Project Construction Costs
V. COIT1PIi811CE Wlth ProViSIOnS Project construction tinancing will be accomplished by one of the three
methods as indicated in this agreement.
The Agency shall not incur any federal aid participation costs on any
classification of work on this project until authorized in wriung by the State for
each classification. The classifications of work for projects are:
DOT Form 140-039 EF 2
Revised 05109
Method A-7'he Agency will place with the State, within (20) days after the X. Traffic Control, Signing, Marking, and Roadway
execution of the construction contract, an advance in the amount of the
Agency's shaze of the total construction cost based on the contract award. The MaintenanCe
State will notify the Agency of the exact amount to be deposited with the State. The Agency will not permit azry changes to be made in the provisions for
- The State will pay all costs incurred under, the contract upon presentation of pazking regulations and traffic control on this project without prior approval of
progress billirigs from the contractor. Following such payments; the State will the State and Federal Highway Administration. The Agency will not install or
submit a billing to the Federal Govemment for the federal aid pazticipation permit to be installed any signs, signals, or markings not in conformance with ,
stiare of the'cost. When the project is substantialty completed and final actual the standards approved by the Fedual Highway Administration and MUTCD.
cosu of the project can be determined, the State will present the Agency with a The Agency will, at its own e~cpense, maintain the improvement covered by
final billing showing the amount due the State or the amount due the Agency. this agreement.
Ttiis billing will be cleared by either a payment from the Agency to the State or
by a refund from the State to the Agency. XI. Indemnity
TheAgency shall hold the Federal Govemment and the State hannlesrfrom
Met6od B- T'he Agency's share of the total consvuction cost as shown on and shall process and defend at iu own expense all claims, demands, or suiu,
the face of this agreement shall be vvithheld from iu monthly fuel tax whether at Iaw or equity brought against the Agenry, State, or Federal
a1loUnents. The face of this ageement establishes the months in which the Govemment, arising from the Agency's execution, performance, or failure to
withhoiding shall take place and the cxact amount to be withheld each month. Perform any of the provisions of this agreeinent, or of any other agreemept or
1'he extent of withholding will be confirmed by letter from theState at the time contract connected with this agreement, . or arising by reason of. the
of contract award. Upon receipt of progress billings from the contractor, the Participation of the State or Federal Government in the project, PROVIDED;
State will submit such billings to the Federal Govemment for payment of iu nothing herein sfiall require the Agency to reimburse the State or the Federal
participating portion of such billings. Covennnent for damages arising out of bodily injury to persons"or damage to
property caused by or resulting from the sale negligence of the Federal
Met6od C- The Agency may submit vouchers to the State in the format Government or the State.
piescribed by the State, in duplicate, not more than once per month for those XII. Nondiserimination Provision
eosu eligible for' Federal participalion to the extrnt that such costs aze direcUy No liability shall attach to the State or Federal Govemment except as
attriliutable and propedy allocable to this project. Expenditures by the Local ~pressly provided herein.
Agency for maintenance, general adminisuatioq supervision, and other
overhead.shall not be eligible for Federal participation unless claimed under a The Agency shall not discriminate on the basis of race, color, national
previously approved induect cost plan. origin, or sex in the awazd and performance of acry USDOT-assisted contract
The State shall reimburse the tlgency for,the Federal share of eligible project and/or agreement or in the administration of its DBE program or the
requiremenu of 49 CFR Pan 26. The Agency sha(1 take all necessary and
wsu up to the ainoiint shown on the face of this agreement. At the dme of reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the
audit, the Agenry will provide documentation of.aU cosu incurred on the awazd and administration of USDOT-assisted contracts and:ageements: The '
project.. WSDOT's DBE ro
The State shall bill the Agen for all cosu incurred the State relative to p g~~~ ~ required by 49 CFR Part 26 and as approved by
USDOT, is incorporated by refererice in this agreement. Implementation of
the project.l'he State shall also bill the Agencyfor the federal funds paid by the this program is a legal obligation and failure to carry out iu terms shall be
State to the Agency for project costs which aze subsequendy determined to be treated as a violation of this agreement. Upon notificauon to the Agency of its
ineligible for federal participation (see Section IX).
failure to carry our iu approved program, the. Departmpnt, may impose
VII. Audit of Federal ConSUltent ContraCts sanclions as provided for under Part 26 and may, in appropriate casbs; refer the
matter for enforcement under 18 U.S.C. 1001 and/or the Program FraudCivil
, The Agency, if services of a consultant are required, shall be responsible for Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
audit of the consultanYs records to determine eligible federal aid cosu on the ~e Agency hereby agrees that it will incorponte or cause to be
project: The report of said audit shall be in the,Agency's, files and made incorporated into any contract for consUVCtion work, or modification thereof,
' available to the State and the Federal Govemment. as defined in the rules and regulauons of the Secretary of Iabor in 41 CFR
An audit shall be conducted by the WSDO"f Intemal Audit Office in Chapter 60, which is paid for in whole or in part with funds obtained from the
accordance with generally accepted govemmental audiung standazdsas issued Federal Govemment or borrowed on the credit of the Federal Govemment
by the United States General Accounting Of'fice by the Comptroller General of pursuant to a grant, contract, loan, insurance, or guarantee orunderstanding
the United States; WSDOT Manual M 27-50, Consultant Authorizatioq pursuant to anyfederal program involving such grant, contract, loan, insurance,
Selecuon, and Ageement Administration; memoranda of nnderstanding or guazantee, the required convact provisions for Federal-Aid ContracGs
between WSDOT and FHWA; and Office of Management•and Budget Circular (FFIWA 1273), located in Chapter 44 of the Local Agency Guidelines.
A-133.
If upon.audit it is found that overpayment or participation of federal money The Agenry further agrees that it wiU be bound by the above equal
im ineligible ifems of cost has occurred, the Agency shall reimburse the State for opportunity clause with respect to iu own employment practices when it
i the amount of such overpayment or excessparticipation (see Section IX). participates in federally assisted wnstrucUOn wod-: Provided, that if the
applicant so participating is a State or Local Govemment, the above equal
opportunity clause is noc applicable to any agenry, instrumentaliry, or
VIII. Single Alldlt ACt subdivision of such govemment which does not participate in work on or undei
T'he Agency, as a subrecipient of federal funds, shall adhere to the federal the convact.
Office of Management and Budget (OMB) Circular A-133 as well as all The Agency also agrees:
applicable federdl and state statutes and regulaUOns. A subrecipient who (1) To assist and cooperate actively with the State in obtaining the
expends $500,000 or more in federal awards from all sources dwing a given compliance of contractors and subcontractors with the equal opportunity clause
fiscal yeaz shall have a single or program-specific audit performed for that year and rules, regulaUOns, and relevant orders of theSecretazy of Labor.
in accordance with the provisions of OMB Circulaz A-133. Upon conclusion of
the A-133 audit, the Agency shall be responsible for ensuring that a copy of the (2) To fumish the State such information as it may require for the
report is transmitted prompUy to the State. supervision of such compliance and that it will otherwise assist the State in the
discharge of its primary responsibility for securing compliance.
IX. Payment of Billing
(3)
The Agency agrees that if payment or arrangement for payment of any of the To refrain from entering into any contract or contract modification
State's billing relative to the project (e.g., State force work, project cancellation, subject to E~tecutive Order 11246 of September 24, 1965; with a contractor
debarred from, or who has not demonstrated eligibility for; govemment
overpayment, cost ineligible fot federal participation, etc.) is not made to the contracts and federally assisted conswction convacts pursuant to the
State within 45 days after the Agency has been billed, the State shall effect Executive Order.
reimbursement of the total sum due from the regulaz monthly fuel tax .
allotments to the Agency from the 141otor Yehicle Fudd. No addiaonal Federal (4) To carry out such sanctions and penalties for violation of the equal
project funding will beapproved_until full payment is received.unless otherwise opportunity clause as may be imposed upon contractors and subconVactors by
directed the Director of Highways and Local Programs. the State, Federa] Highway Administration, or the Secretary of Labor pursuant
to Part Q, subpart D of the Executive Order.
DOT Form 140-039 EF
Revised 05109 3
Im addition, the Agency agrees that if it fails or refuses to comply with these XV. Venue for Claims and/or Causes of Action
ttndertakings, the State may take any or all of the following actions: For the com+enience of the parties to this comract, it is ageed that azry
(a) Cancel, terminate, or suspend tfiis agreement in whole or in parr, 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 wtiich it is
(b) Refrain from extending any further assistance to the Agency under the concemed, shall be brought only in the Superior Court for Thwston County.
program with respect to which the failure or refusat occurred undl sacisfactory
assurauce of future compliance has been received from the Agency; and XVI. Certification Regarding the.Restrictions of the.Use
' of Federal Funds for Lobbying
(c) Refer the case to the Department of Justice for appropriate legal 1'he approving authoriry certifies, to the best of his or her Irnow(edge and
proceedings. ' belief, that:
XIIL Liquidated Damages (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
The Agency here6y agrees that the liquidated damages provisions of 23 CFR influence an officer or employee of any federal agency, a member of Congress,
Part 635, Subpart 127, as supplemented, relatiye to the amount of Federal an officer or, employee of Congress, or an employee of a member of Congress
participation ia the project cost, s6a11 be applicable in the ev6nt the contractor in connection with the awarding of any federnl contract, the making of azry
fazls to complete the contract within the conVact time. Failure to include federal grant, the malcing of any federal loan, the entering into of any
liqnidated datnagas provision will not relieve the Agency from reduction of cooperative agreement, and the extension; continuation, renewal„ amendment,
federal participation in accordance with this pazagraph.
, or modification of any federal contract, grant, loan, or cooperative agreement. .
XIV. Termination for Public Convenienee (2) If ar,y fi,nds orher rhan federal appropriated funds have been paid or will
The Secretary of the Washington State Departmerit of Transportation may be paid to any person for influencing or attempting W influence an officer or
terminate the contract in.whole, or from time to time in part, whenever: employee of azry federal agency, a memtier of Congress; an officer or employee
(1) The requisite federal, funding becomes unavailable through failure of of Congress, or an employee of a member of Congress id connection with this
appropriation or othenvise: fedeial contract, grant, loan, or cooperative agreement, the undersigned shall
• complete:and submit the Standard Form- LLL, "Disclosure Form to Report
(2) The contractor is prevented from procceding with the work as a direct Lobbying,',in accordance with iu instructions.
result of an Exectitive 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 (3) The undersigned shall require that the language of this certif cation be
or Govemor of the 5tate with respect to the preservation of energy resources. included in the awazd documents for all snbawards at all tiers (inclnding
, subgrants, and conVacts and subcontracts under grants, subgants, loans, and
(3) The contractor uprevented from proceeding with the work by reason of cooperative agreemenu) which exceed $100,000, and that all such
a preliminary, special, or pertnanent restraining order of a court of compttent subrecipients shall certify and discloseaccordingly.
jurisdiction where the issuance of such order is piimarily caused by the acts or T'his certification is a material represeptation of fact, upon which reliance.
omissions of persons or agencies other than the convactor. was placed when ttiis transaction was made or entered into. Submission of this
(4) The Secretary determines that such termination is in the best interests of certification as a prerequisite for making or entering into this Uansaction
the State. imposed by Section 1352, Title 31, U.S. Code: Any person who fails to fle the
required certificaUOn shall be subject to a civil penalty of not less than 0,000
and not more than $100,000 for each such failure.
Additional Provisions
DOT Fortn140-039 EF 4
Redised 05109
AlMik aGENCY
Washbngton State
~ ~ep~rtment of nansportation LoCal' Agency Agreement Supplement
Agency Supplement Number
Ci of Auburn 1
Federal Aid Project Number Agreement Number CFDA Na 20.205
HSIP-1080_ 006 LA 7046 Catal ofFederalDomesticAssisianceThe Local Agency desires to supplement the agreement entered into and executed on October 20, 2009
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 F Street SE / 4th Street SE Traffic Signal Improvements Length N/A
Termini
Description of Work 0 No Change
This project will design and construct a traffic signal at the intersection of F Street SE and 4th Street SE, including pavement
replacement as necessary within the intersection, replacement of sidewalks on all four comers of the intersection to accommodate
Reason for Supplernent
Obligate-federal funds for construction. ;
Does this change reguire additional Right of Way or Easements? ❑ Yes ~ No
Estimate of Funding
T of Work (2) c3> (a) t5>
ype Previous Estimated Total Estimated Agency Estimated
A reemenUSu I. Supplement pro'ect Funds Funds Federal Funds
PE a.A enc 24,000.00 24 000.00 24,000.00
100% b. Other - Consultant 35,000.00 35,000.00 35,000.00
c. Other
Federal Aid d'. State 1,000.00 1,000.00 1,000.00
Participation
Ratio for PE e. Total PE Cost Estimate a+b+c+d 6000000 60,000.00 60,000.00
Right of Way f. A en
%
Federal Aid h. Otfier
Participation
Ratio for RW i. State
Total R/W Cost Estimate f+ +h+i
Constcuction k. Contrad 331 200.00 331 200.00 331,200.00
I: Other
m. Other
n. Other
100 % a A enc 5,000.00 51000.00 5,000.00
Federal Aid 500.00 500.00 500.00
Participation D. State
Ratio for CN . 7otal CN Cost Estimate k+l+m+n+o 336 700.00 336 700.00 336,700.00
. r. Total Pro'ect Cost Estimate
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition
to payment of th era ligated, i cepts and will comply with the applica6le provisions.
Agency Offici I Washington tate e a ent of Tran ortation
_i - i
gy _ gy ~ J
Title Maynr,City nf Anhnrn Director ofNighways and L cal Programs ~ ~
' JUL L - -
Date Executed
DOT Eorm 14a041 EF
Revised 1/2007