HomeMy WebLinkAbout5123 RESOLUTION NO. 5 1 2 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
ACCEPT FEDERAL GRANT FUNDS TO BE ADMINISTERED
THROUGH THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION
WHEREAS, the City desires to improve safety, capacity, and efficiency of the
City's street network throughout Auburn; and
WHEREAS, the need for each of the improvements listed for the West Main
Street Multi-Modal Corridor and ITS Improvements Project, F Street SE Non-motorized
Improvements Project, Auburn Way North Preservation Project, Traffic Signal Safety
Improvements Project, and the A Street SE and 37th Street SE Project is recognized in
Auburn's adopted Transportation Improvement Program; and
WHEREAS, completing each of these projects will improve safety, capacity, and
efficiency of the City's street network; and
WHEREAS, the City applied for and was awarded the following federal grants to
be administered by the Washington State Department of Transportation (WSDOT) with
required local funding match percentages as indicated:
• $3,774,340.00 to finance the design, environmental permitting, and
construction phases of the West Main Street Multi-Modal Corridor and ITS
Improvements Project (13.5% local funding match required);
• $520,000.00 to finance the design, environmental permitting, and right-of-way
phases of the F Street SE Non-motorized Improvements Project (13.5% local
funding match required);
-----------------------------
Resolution No. 5123
January 28, 2015
Page 1
• $967,500.00 to finance the design, environmental permitting, and construction
phases of the Auburn Way North Preservation Project (13.5% local funding
match required);
• $412,575.00 to finance the construction phase of the Traffic Signal Safety
Improvements Project (10% local funding match required); and
• $792,260.00 to finance the design, environmental permitting, right-of-way and
construction phases of the A Street SE and 37th Street SE Intersection
Improvements Project; and (10% local funding match required);
WHEREAS, funding has been made available in the approved City budget to
meet the local funding match requirements for the grants; and
WHEREAS, it is in the best interest of the City to use grant monies to finance
capital improvements to the transportation system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to accept the federal grants for
those grants for which the City has sought federal funding and has been awarded
grants, including (1) the West Main Street Multi-Modal Corridor and ITS Improvements
Project, (2) the F Street SE Non-motorized Improvements Project, (3) the Auburn Way
North Preservation Project, (4) the Traffic Signal Safety Improvements Project, and (5)
the A Street SE and 37th Street SE Project. The Mayor is further hereby authorized to
negotiate, finalize and execute the Local Agency Agreements between the City and the
Washington State Department of Transportation for the design phase for each of the
-----------------------------
Resolution No. 5123
January 28, 2015
Page 2
above identified projects, in substantial conformity with grant requirements and the
agreement attached hereto, marked as Exhibit A and incorporated herein by this
reference. The Mayor is further hereby authorized to negotiate, finalize and execute
any further supplemental agreements consistent with project and grant requirements as
may be necessary for any and all future phases for each of the Projects, expending up
to the total amount of the grants.
Section 2. That the Mayor is authorized to implement such other administrative
procedures as may be necessary to carry out the directives 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 day ot 2015.
CITY OF AUBURN
Wr:��M -�m1a,
ANCY B K S
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPR aJED AS TO FORM-
D641 B. Heid,
City Attorney
-----------------------------
Resolution No. 5123
January 28, 2015
Page 3
1
VrAF Dep�,e��,� tkm Local Agency Agreement
Agency City of Auburn CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Address 25 West Main Street $( —
Project No. � q
Auburn, WA Agreement No. 8 _
98001 For OSC WSDOT Use Only
The Local Agency having complied,or hereby agreeing to comply, with the terms and conditions set forth in(1)Title 23,U.S.Code Highways, (2)
the regulations issued pursuant thereto, (3) 2 CFR 225, (4) Office of Management and Budget Circulars A-102, and A-133, (5) the policies and
procedures promulgated by the Washington State Department of Transportation, and(6) 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 A Street SE and 37th Street SE Length 0.00 miles
Termini N/A to N/A
Description of Work
The proposed improvements would install a interconnected new traffic signal at 37th St.SE intersection with A St.SE,upgrade curb ramps to be
ADA compliant,provide ITS improvements,and complete a pavement overlay within the intersection.The intersection would be widened on the
NE corner to accommodate a southbound U-turn movement to support future corridor level access management improvements.
Proposed Advertisement Date:
Estimate of Funding
Type of Work (i (2) (3)
Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a.Agency 25 400.00 2,540.00 22 860.00
90 % b. Other Consultant 89 500.00 8,950.00 80 550.00
c. Other Non-Participant 18 111.00 18 111.00
Federal Aid
Participation d.State 1,989.00 199.00 1,790.00
Ratio for PE e.Total PE Cost Estimate a+b+c+d 135 000.00 29 800.00 105 200.00
Right of Way f.Agency
. Other
h. Other
Federal Aid
Participation i.State
Ratio for RW j.Total R/W Cost Estimate f+ +h+i
Construction k. Contract
I. Other
m. Other
n. Other
% o.A enc
Federal Aid State
Participation p.
Ratio for CN q.Total CN Cost Estimate k+l+m+n+o+
r.Total Project Cost Estimate a+'+ 135 000.00 29,800.001 105 200.00
Agency Official Washington Stat a artment of Tr nsportation
By By
Title M2yor Director of Local Programs
Date Executed APR ? 3 2015
DOT Form 140-039 EF �� Y
Revised 03/2014 0"a-4.
AZsT. tQ 4 h—"Mq,
1
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 qas tax the Agency'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 oartial 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
February 17 2015 Resolution/Ordinance No. Resolution No. 5123
Provisions
I. Scope of Work
The Agency shall provide all the work,labor,materials,and services necessary to perform the project which is described and set forth in detail in
the"Project Description"and"Type of Work."
When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described
and indicated in"Type of Work"on the face of this agreement,in accordance with plans and specifications as proposed by the Agency and approved
by the State and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work
subject to the ordinary procedures of the State and Federal Highway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project.The Agency agrees that the State
shall have the full authority to 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.
Once written authorization is given,the Agency agrees to show continuous progress through monthly billings.Failure to show continuous progress
may result the Agency's project becoming inactive,as described in 23 CFR 630,and subject to de-obligation of federal aid funds and/or agreement
closure.
If right of way acquisition,or actual construction of the road for which preliminary engineering is undertaken is not started by the close of the
tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized,the Agency 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).
If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year following the fiscal
year in which the right of way phase was authorized,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).
DOT Form 140-039 EF 2
Revised 03/2014
i
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 Federal Transportation Act, as amended, 2 CFR 225 and Office of
Management and Budget circulars A-102 and A-133. 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
minimize 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 a current indirect cost plan
has been prepared in accordance with the regulations outlined in 2 CFR 225-Cost Principles for State, Local, and Indian Tribal Government, and
retained for audit.
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.
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 Internal Audit Office in accordance with generally accepted governmental auditing standards as
issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant
Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and 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 ofthe 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 by the Director of Local Programs.
DOT Form 140-039 EF
Revised 03/2014 3
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 Government and the State harmless from and shall process and defend at its own expense all claims,demands,
or suits,whether at law or equity brought against the Agency, State,or Federal Government,arising from the Agency's execution, performance,or
failure to perform any of the provisions of this agreement,or of any other agreement or contract connected with this agreement,or arising by reason
of the participation of the State or Federal Government in the project,PROVIDED,nothing herein shall require the Agency to reimburse the State or
the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of
the Federal Government or the State.
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 Government,the above equal
opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or
under the contract.
The Agency also agrees:
(1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity
clause and rules,regulations,and relevant orders of the Secretary of Labor.
(2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in
the discharge of its primary responsibility for securing compliance.
(3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a
contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts
pursuant to the Executive Order
(4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the State,Federal Highway Administration,or the Secretary of Labor pursuant to Part fl,subpart D of the Executive Order.
In addition, the Agency agrees that if it fails or refuses to comply with these undertakings,the State may take any or all of the following
actions:
(a) Cancel,terminate,or suspend this agreement in whole or in part;
(b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been received from the Agency;and
(c) Refer the case to the Department of Justice for appropriate legal proceedings.
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 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.
DOT Form 140-039 EF 4
Revised 03/2014
J
I ,
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 is notified by the Federal Highway Administration that the project is inactive.
(5) 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 3l,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 03/2014 5
AdMi. 1,
A' ash on of Transportation Local Agency Agreement
Agency City of Auburn CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Address 25 West Main Street Project No. S" U L—
Auburn, WA 98001 Agreement No. LA
For OSC WSDOT Use Only
The Local Agency having complied,or hereby agreeing to comply, with the terms and conditions set forth in(1)Title 23,U.S. Code Highways, (2)
the regulations issued pursuant thereto, (3) 2 CFR 225, (4) Office of Management and Budget Circulars A-102, and A-133, (5) the policies and
procedures promulgated by the Washington State Department of Transportation, and (6) 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 West Main Street Multimodal Corridor and ITS Improvemetns Length 0.10miles
Termini West Valley Highway to the Interurban Trail
Description of Work
This project will repurpose the existing W Main St corridor within Auburn's designated Regional Growth Center and will construct Intelligent Transportation System(ITS)improvements
serving local and regional transportation networks and a major commercial retail center.Improvements include converting the existing four-lane roadway section to a three-lane section
including center two-way left turn lane with new bike lanes,new sidewalks,new LED street lighting,and streetscape improvements between West Valley Highway and the Interurban Trail.
ITS Improvements include interconnecting and coordinating traffic signals From C St NW along W Main St to W Valley Highway south to 15th St SW including two interchanges with SR
-18 and one with SR-167.
Proposed Advertisement Date:
Estimate of Funding
Type of Work (2) (3)
Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a.Agency 180,919.00 24 424.00 156 495.00
86.5 % b. Other Consultant 743 676.00 100 396.00 643 280.00
c. Other Non-Participant 16 405.00 16 405.00
Federal Aid
Participation d. State 5,000.00 675.00 4,325.00
Ratio for PE e.Total PE Cost Estimate a+b+c+d 946 000.00 141 900.00 804 100.00
Right of Way f.Agency
. Other
h Other
Federal Aid
Participation i.State
Ratio for RW j.Total R/W Cost Estimate f+ +h+i
Construction k. Contract
I. Other
m. Other
n. Other
% o.Agency
Federal Aid State
Participation P.
Ratio for CN q.Total CN Cost Estimate k+l+m+n+o+
r.Total Project Cost Estimate e+'+ 946,000.001 141,900.001 804 100.00
Agency Official Washing t n State JDarLtent of Trans ortation
By By
Title Director of Local Programs
MAR 1 1 2015
Date Executed
DOT Form 140-039 EF���
Revised 03/2014
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)
E1,Method B-Withhold from qas tax the Agency'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 oartial 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
1 �Cre6ruain Z . .OJ4;0 J 5
1�3
Provisions
I. Scope of Work
The Agency shall provide all the work,labor,materials,and services necessary to perform the project which is described and set forth in detail in
the"Project Description"and"Type of Work."
When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described
and indicated in"Type of Work"on the face of this agreement,in accordance with plans and specifications as proposed by the Agency and approved
by the State and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work
subject to the ordinary procedures of the State and Federal Highway Administration.
li. 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. Ali 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.
Once written authorization is given,the Agency agrees to show continuous progress through monthly billings.Failure to show continuous progress
may result the Agency's project becoming inactive,as described in 23 CFR 630,and subject to de-obligation of federal aid funds and/or agreement
closure.
If right of way acquisition,or actual construction of the road for which preliminary engineering is undertaken is not started by the close of the
tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized,the Agency 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).
If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year following the fiscal
year in which the right of way phase was authorized;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):
DOT Form 140-039 EF 2
Revised 03/2014
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 Federal Transportation Act, as amended, 2 CFR 225 and Office of
Management and Budget circulars A-102 and A-133. 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
minimize 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 a current indirect cost plan
has been prepared in accordance with the regulations outlined in 2 CFR 225 -Cost Principles for State,Local, and Indian Tribal Government, and
retained for audit.
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.
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 Internal Audit Office in accordance with generally accepted governmental auditing standards as
issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant
Authorization, Selection,and Agreement Administration; memoranda of understanding between WSDOT and 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 by the Director of Local Programs.
DOT Form 140-039 EF
Revised 03/2014 3
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 Government and the State harmless from and shall process and defend at its own expense all claims,demands,
or suits,whether at law or equity brought against the Agency, State,or Federal Government,arising from the Agency's execution, performance,or
failure to perform any of the provisions of this agreement,or of any other agreement or contract connected with this agreement,or arising by reason
of the participation of the State or Federal Government in the project,PROVIDED,nothing herein shall require the Agency to reimburse the State or
the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of
the Federal Government or the State.
i
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 Government,the above equal
opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or
under the contract.
The Agency also agrees:
(1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity
clause and rules,regulations,and relevant orders of the Secretary of Labor.
(2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in
the discharge of its primary responsibility for securing compliance.
(3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a
contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts
pursuant to the Executive Order.
(4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the State,Federal Highway Administration,or the Secretary of Labor pursuant to Part II,subpart D of the Executive Order.
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.
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635,Subpart 127,as supplemented, relative to the amount of
Federal participation in the project cost,shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure
to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph.
DOT Form 140-039 EF 4
Revised 03/2014
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 is notified by the Federal Highway Administration that the project is inactive.
(5) 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 b
Revised 03/2014
Local Agency Agreement
Agency City of Auburn CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Address 25 West Main Street iM_ 9 66 2
Project No.
Auburn, WA 98001 85 4
Agreement No.
For OSC WSDOT Use Only
The Local Agency having complied,or hereby agreeing to comply, with the terms and conditions set forth in(1)Title 23, U.S. Code Highways, (2)
the regulations issued pursuant thereto, (3) 2 CFR 225, (4) Office of Management and Budget Circulars A-102, and A-133, (5) the policies and
procedures promulgated by the Washington State Department of Transportation,and (6) 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 F Street SE Non-Motorized Improvements Length 0.306 miles total
Termini 4th Street SE to Auburn Way S
Description of Work
The project will complete innovative non-motorized improvements connecting the Les Gove Community Campus to Auburn's Designated Regional Growth Center.The individual elements
Of this project include pavement rehabilitation,construction of curb&gutter,sidewalks,ADA accessibility improvements,bike lanes,wayfinding signage,"Bicycle Boulevard"markings
and signage,utility undergrounding,streetscaping improvements,safety improvements,traffic signal interconnect,and minor right of way acquisition needed to accommodate new ADA
ramps at comers.Additionally this project would fund the i nplementation of a City Bikeshare program for City Staff to travel between the various city facilities within dre Downtown area
including the Maintenance and Operation's facility,City Hall,Police Department,and Les Gove Park campus.
Proposed Advertisement Date-
Estimate of Fundin
Type of Work (�) (2) (3)
Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a.Agency 74 913.00 10 113.00 64 800.00
86.5 % b. Other Consultant 475 000.00 64 125.00 410 875.00
c. Other Non-Participant 45 087.00 45 087.00 0.00
Federal Aid
Participation d.State 5,000.00 675.00 4,325.00
Ratio for PE e.Total PE Cost Estimate a+b+c+d 600 000.00 120 000.00 480 000.00
Right of Way _f.A)enc
n .
g. Other
h. Other
Federal Aid
Participation L State
Ratio for RW Total R/W Cost Estimate f+ +h+i
Construction k. Contract
I. Other
m. Other
n. Other
o.Agency
Federal Aid
Participation P•State
Ratio for CN q.Total CN Cost Estimate k+I i-m+n+o+
r.Total Project Cost Estimate a+•+ 600,000-00 120 000.00 480 000.00
i
Agency Official Washington State uvpa ment of Tran ortation
� J
By w-� By
Title Director of Local Programs Srficrf
MAR
Date Executed
DOT Form 140-039 EF y J
Revised 03/2014 `�—
Construction Method of Financing (Check Method Selected) • l
State Ad and Award
❑ Method A-Advance Payment-Agency Share of total construction cost(based on contract award) r
❑ Method B-Withhold from qas tax the Agency'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 Dartial 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
February 17 2015 Resolution/Ordinance No. Resolution No. 5123
Provisions
I. Scope of Work
The Agency shall provide all the work,labor,materials,and services necessary to perform the project which is described and set forth in detail in
the"Project Description"and"Type of Work."
When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described
and indicated in"Type of Work"on the face of this agreement,in accordance with plans and specifications as proposed by the Agency and approved
by the State and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work
subject to the ordinary procedures of the State and Federal Highway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project.The Agency agrees that the State
shall have the full authority to 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:^,accordance with local
government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department 6f'Transporo.ti.Qn, arid 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.
Once written authorization is given,the Agency agrees to show continuous progress through monthly billings.Failure to show continuous progress
may result the Agency's project becoming inactive,as described in 23 CFR 630,and subject to de-obligation of federal aid funds and/or agreement
closure.
If right of way acquisition,or actual construction of the road for which preliminary engineering is undertaken is not started by the close of the
tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized,the Agency 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).
If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year following the fiscal
year in which the right of way phase was authorized,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).
DOT Form 140-039 EF 2
Revised 03/2014
I he'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 Federal Transportation Act, as amended, 2 CFR 225 and Office of
Management and Budget circulars A-102 and A-133.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
minimize 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 a current indirect cost plan
has been prepared in accordance with the regulations outlined in 2 CFR 225-Cost Principles for State, Local, and Indian Tribal Government, and
retained for audit.
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.
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 Internal Audit Office in accordance with generally accepted governmental auditing standards as
issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant
Authorization, Selection,and Agreement Administration; memoranda of understanding between WSDOT and 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 by the Director of Local Programs.
I
DOT Form 140-039 EF
Revised 03/2014 3
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 Government and the State harmless from and shall process and defend at its own expense all claims,demands,
or suits,whether at law or equity brought against the Agency, State,or Federal Government, arising from the Agency's execution, performance,or
failure to perform any of the provisions of this agreement,or of any other agreement or contract connected with this agreement,or arising by reason
of the participation of the State or Federal Government in the project,PROVIDED,nothing herein shall require the Agency to reimburse the State or
the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of
the Federal Government or the State.
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 Government,the above equal
opportunity clause is not applicable to an agency, or subdivision of such government which does not participate in work on or
pP tY PP Y � Y, Y, g P P
under the contract.
The Agency also agrees:
(1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity
clause and rules,regulations,and relevant orders of the Secretary of Labor.
(2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in
the discharge of its primary responsibility for securing compliance.
(3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September,24, 1965,,with a
contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts
pursuant to the Executive Order.
'(4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the State,Federal Highway Administration,or the Secretary of Labor pursuant to Part II,subpart D of the Executive Order.
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.
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127,as supplemented,relative to the amount of
Federal participation in the project cost,shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure
to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph.
DOT Form 140-039 EF 4
Revised 03/2014
XIV. Ytrmination 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,
wl!enever:
(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 is notified by the Federal Highway Administration that the project is inactive.
(5) 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 5
Revised 03/2014
Washington State
. Local Agency Agreement
® Department of Transportation -
Agency City of Auburn lilt VIL.""J j CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Address 25 West Main Street Project No. S T POC— (07 0 (007
Auburn, WA 98001 Agreement No. LA - P)S G
For OSC WSDOT Use Only
The Local Agency having complied,or hereby agreeing to comply,with the terms and conditions set forth in(1)Title 23,U.S. Code Highways,(2)
the regulations issued pursuant thereto, (3) 2 CFR 225, (4) Office of Management and Budget Circulars A-102, and A-133, (5) the policies and
procedures promulgated by the Washington State Department of Transportation, and(6)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 Auburn Way North Preservation Length 7.30 lane miles
Termini 45th Street Northeast to 22nd Street Northeast
Description of Work
The project proposes to grind and overlay Auburn Way N from the 45th Street NE to 22nd Street NE. The project will restore 7 3 lane miles
of pavement, upgrade 26 curb ramps to meet current ADA standards, as well as remove unused driveway openings to non ADA compliant
pedestrian facilities.The project funds the design, coordination, permitting, and construction of the pavement preservation project.
Proposed Advertisement Date.
Estimate of Funding
Type of Work (1) (2) (3)
Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a.Agency 89,485.00 12,080.00 77,405.00
86.5 % b. Other Non-Participant 80,015.00 80,015.00
c. Other
Federal Aid
Participation d. State 3,000.00 405.00 2,595.00
Ratio for PE e. Total PE Cost Estimate(a+b+c+d) 172,500.00 92,500.00 80 000.00
Right of Way f Agency
. Other
h. Other
Federal Aid
Participation i. State
Ratio for RW j. Total R/W Cost Estimate(f+ +h+i)
Construction k. Contract
I. Other
m. Other
n. Other
% o.Agency
Federal Aid p State
Participation
Ratio for CN q. Total CN Cost Estimate k+l+m+n+o+
r.Total Project Cost Estimate(e+j+q) 172,500.00 92,500.00 80,000.00
Agency Official Washington State p ment of Tran ortation
By By
Title Nancy B us, Mayor Director of Local Progra MAR '� 1 Zp15
Date Executed t1(�
DOT Form 140-039 EF
Revised 03/2014
f
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 qas tax the Agency'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-Aoencv cost incurred with Dartial 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
February 17 2015 Resolution/Ordinance No. Resolution No. 5123
Provisions
I. Scope of Work
The Agency shall provide all the work,labor,materials,and services necessary to perform the project which is described and set forth in detail in
the"Project Description"and"Type of Work."
When the State acts for and on behalf of the Agency,the State shall be deemed an agent of the Agency and shall perform the services described
and indicated in"Type of Work"on the face of this agreement,in accordance with plans and specifications as proposed by the Agency and approved
by the State and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work
subject to the ordinary procedures of the State and Federal Highway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project.The Agency agrees that the State
shall have the full authority to 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.
Once written authorization is given,the Agency agrees to show continuous progress through monthly billings. Failure to show continuous progress
may result the Agency's project becoming inactive,as described in 23 CFR 630,and subject to de-obligation of federal aid funds and/or agreement
closure.
If right of way acquisition,or actual construction of the road for which preliminary engineering is undertaken is not started by the close of the
tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized,the Agency 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).
If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year following the fiscal
year in which the right of way phase was authorized,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).
DOT Form 140-039 EF 2
Revised 03/2014
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 Federal Transportation Act. as amended, 2 CFR 225 and Office of
Management and Budget circulars A-102 and A-133. 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
minimize 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 a current indirect cost plan
has been prepared in accordance with the regulations outlined in 2 CFR 225 -Cost Principles for State, Local,and Indian Tribal Government, and
retained for audit.
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.
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 finds
paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation(see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid
costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as
issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant
Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and 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 by the Director of Local Programs.
DOT Form 140-039 EF
Revised 03/2014 3
A
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 Government and the State harmless from and shall process and defend at its own expense all claims,demands.
or suits,whether at law or equity brought against the Agency,State.or Federal Government,arising from the Agency's execution, performance,or
failure to perform any of the provisions of this agreement,or of any other agreement or contract connected with this agreement,or arising by reason
of the participation of the State or Federal Government in the project,PROVIDED,nothing herein shall require the Agency to reimburse the State or
the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of
the Federal Government or the State.
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 Government,the above equal
opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or
under the contract.
The Agency also agrees:
(1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity
clause and rules,regulations.and relevant orders of the Secretary of Labor.
(2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in
the discharge of its primary responsibility for securing compliance.
(3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a
contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts
pursuant to the Executive Order.
(4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the State,Federal Highway Administration,or the Secretary of Labor pursuant to Part 11,subpart D of the Executive Order.
In addition,the Agency agrees that if it fails or refuses to comply with these undertakings,the State may take any or all of the following
actions:
(a) Cancel,terminate,or suspend this agreement in whole or in part;
(b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been received from the Agency:and
(c) Refer the case to the Department of Justice for appropriate legal proceedings.
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 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.
DOT Form 140-039 EF 4
Revised 03/2014
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 is notified by the Federal Highway Administration that the project is inactive.
(5) 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 fiords 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 5
Revised 03/2014