Loading...
HomeMy WebLinkAbout5208 RESOLUTION NO. 5 2 0 8 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 e�ciency of the City's street network throughout Auburn; and WHEREAS, the need for each of the improvements listed for the Lake Tapps Parkway Preservation Project and the 15`h Street NW/NE Preservation 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: . $750,000 to finance the design, environmental permitting, and construction phases of the Lake Tapps Parkway Preservation Project (13.5% local funding match required); and . $817,500 to finance the design, environmental permitting, and construction phases of the 15th Street NW/NE Preservation Project (50% 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 ------------------------- Resolution No. 5208 January 25, 2016 Page 1 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) Lake Tapps Parkway Preservation Project, and (2) 15th Street NW/NE Preservation 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 Transporta4ion for the design phase for each of the 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, ezpending 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. -------------------- � Resolution No. 5208 January 25, 2016 Page 2 t Dated and Signed this /� day of �G� , 2016. CITY OF AUBURN ANCY B I S MAYOR ATTEST: Q Da ielle E. Daskam, City Clerk APPR D F RM: / Daniel B. Heid, City Attorney Resolution No. 5208 Jarivary 25, 2016 Page 3 Exhibit A � � ���°�� Local Agency Agreement Oepartmerrt.ot TtaQ►sporlat�on Agency CFDA No.20.205 (Catalog or Federal Domes(c Assistance) Address Project No. Agreement No. For OSC WSDOT Use Only The Local Agency having complied, or hereby agreeing ro comply,with the terms anC conditions set forth in (1)Ttle 23. U.S. Code Highways, (2)the regulations issued pursuant thereto, (3)2 CFR Part 200, (4)the policies and procedures promulgated by the Washington State Department of Transportation, and(5)the federal aid project agreement entered into between the State and Federal Govemment, relative to the above projed,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 eicceed 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 Deacription Name Length Tertnini Descriptlon of Work Projed Agreement End Date Claiming Indirect Cost Rate ❑Yes ❑No Proposed Advertisement Date Estimat Fundin (�) (Z) (3) Type of Wo�k Estimated Total Estimated Agency Estimated Federal Pro'ecl Funds Funds Funds PE enc % b.Olher FederalAid c.Oher PaRicipa6on d.Stat Ratio fo�PE 0.00 0.00 0.00 To a i Right o a��f.A en Olher Federal Aid h.Other Parficipation Ratio fo�RW i.State Total Cos Estim te i « 0.00 0.00 0.00 Construdion k.Conhad ��I.Other m. h r Federal Aid n.016er Participation o A e c Rffiio for CN .State To al CN Co Es ima e k 0.00 0.00 0.00 � r Total Pro'e Cos Estimate e ' 0.00 0.00 0.00 Agency Official Washington State Department of Transportation By BY Title Diredor, Local Programs Date Executed DOT Form 140.039 Page 1 Revlsed OS/2015 Construction Method of Financing (Check Method Selected) State Ad and Award Method A-Advance Payment-Agency Share of total construction cost (based on contract award) Method B-Withhold from gas tax the Agency's share of total construction coast (line 5, column 2) in the amount of $ at$ per month for months. Local Force or Local Ad and Award Method C -Agency cost incurred with paAial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of hte federal funds obligated, it accepts and will comply with the applicable provisions set forth below.Adopted by official action on , , Resolution/Ordinance No. 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"Projed 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 peRorm 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 perfortn the work subjed to the ordinary procedures of the State and Federal Highway Administration. II.Delegation of Authoriry The State is willing to fulfill the responsibilities to the Federal Government by the administretion 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 ansure conformity with the approved plans and specifications. III.Project Administretlon Cartain rypes of work and services shall be provided by the State on this projed as requested by the Agency and described in the Type of Work above. In addition,the State will turnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projeds,the supervision and inspection shall be limited to ensuring all work is in confortnance with approved plans, specifications, and federel aid requirements.The salary of such engineer or other supervfsor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof.All costs related lo this projec[incurred by employees of tha 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 Trensportation.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 nol 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 wlth Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this projed until authorized fn 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 lo show continuous progress through monthly billings. Failure to show continuous progress may result the Agency's projed becoming inactive, as described in 23 CFR 630, and subject to deobligation of federal aid funds andlor agreement closure. If right of way acquisition,or adual 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 Slate the sum or sums of federal funds paid to the Agency under the terms of this agreement(see SeMion IX). If actual construction of the road for which right of way has been purchased is not started by tlie close of the tenth f scal 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 federel D�T�g m taot�i�Agency under the terms of this agreement(see Section IX). Page 2 Revised OSI2015 The Agency agrees that all stages of construction necessary to provide the initially planned complete faciliry 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 federel 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 contred within the contrect tima. VI.Payment and Partial Relmburaement The tolal 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 Federel Transportation Act,as amended, 2 CFR Part 200.The State shall not be ultimately responsible for any of the costs of the projea.The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursetl 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 administretion,supervision, and other overhead shall not be eligible for federal participation unless a current iniiired cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200-Unifortn Admin Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill tlie Federal Govemment 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 tFie Federal Government(see Section IX). 1. Project Construdion Costs Project construdion financing will be accomplished by one of the three methods as indicated in this agreement. Mathod A—The Agency will place with the State,within(20)days after the execution of the construction contract, an advance in tlie amount of the Agency's share of the total construction cost based on the wntred award.The State will notiTy the Agency of the exact amount to be deposited with the State.The State will pay all costs incurred under the contract upon presentation ot progress billings from the contredor. Following such payments,the State will submit a billing to the Federal Government tor the federal aid participation share of the cost.When the project is substantially completed and final ac[ual costs of the projed can be datertnined, the State will present the Agency with a finai billing showing the amount d0e 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 faca 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 confirtned by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor, the State will submit such bfllfngs 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 duplicata, not more than once per month for those costs eligible for Federal participation to tlie eutent tliat such costs are directly attri6utable and properly allocable to thisprojed. Expenditures by the Local Agency for maintenance,general administretion, supervision, and other oyerhead shall not be eligible for Federal participation unless claimed under a previously approved indired 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 shail biil the Agency for all costs incurred by ttie State relative to the project.The State shall also bill the Agency for the federal funtls paid by the State to the Agency for project costs which are subsequently determinetl to be ineligible for federal participation(see Section IX). VII.Audit ot Federel ConsulWnt Contracts The Agency, if services of a consultant are required,shall be responsible for audit of the consultant's records to detertnine eligible federel aid costs on the project. The report of said audit shall be in the Agency's files antl made available to the State and the Federal Government. An audit shall be conduded by the WSDOT Internal Audit O�ce in accordance with generally accapted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General ot the United Siates;WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and 2 CFR Part 200.501 -Audit Requirements. If upon audit it is Tound 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 overyayment or excess participation(see Section IX). VIII.Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federel regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations.A subrecipient who expends$750,000 or more in federal awartls from all sources during a given fiscal year shall have a single or program-specific audit peAormed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. DOT Form 140-039 Page 3 Revised 05/2075 IK Payment of Billing TYie Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the projed(e.g., State force work,project rancellation,overpayment, cost ineiigible for federel participation,etc.)is not made to the State within 45 days after the Agency has been billed, the State shall effect refmbursement of the total sum due hom the regular monthly fuel tax alloVnents to tlie Agency Rom the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise direaed by the Diredor, Local Programs. ProjectAgreement End Date-This date is based on your projects Period of PeAormance(2 CFR Part 200.309). Any costs incurred aRer the Project Agreement End Date are-NOT eligible for federal reimbursement.All eligible costs incurred prior to the Project Agreement End Date must be submi@ed for reimbursement within 90 days after the ProjectAgreement End Date or they become ineligible for federal reimbursement. X.TreNic Control,Signing, Marking,and Roadway Maintenance Tlie 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 fmprovement covered by this agreement. XI.Indamniry The Agency shall hold the Federal Govemment and the State harmless from and shall process and defend at its own expense al�claims, demands, or suits, whether at law or equiry tirought against the Agency, State, or Federal Government, arising from the Agencys execution, perfortnance, or failure to perform zny of tlie provisions of this agreement, or of any other agreement or contred cannected with this agreement.or arising by reason of ttie participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimtiurse 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. %II.Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly providetl herein. The Agency shall not discriminate on the basis of race,color, national origin, or sex in the award and perfomiance of any USDOT- assisted contract andlor agreement or in the atlministration of.its DBE program or the reguirements of 49 CFR Part 26.The Agency shall take all necessary and reasonable steps untler 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contrects and agreements.The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is fnwrporeted by reference in this agreement. Implementation of this program is a legal obligation and failure to carty out its terrns shall be treated as a violatlon ot this agreement. Upon notifiration to the Agency of its failure to carry out its appro4ed program, the Department may impose sandions as provided for under Part 26 and may, in appropriate cases, refer the matte�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 contrad for constructio�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 fhe 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 guarentee, the required contract provisions for Federal-Aid Contracts(FHWA 1273), located in Chapter 44 of the Local Agency Gufdelines. The Agency further agrees that it will be bound by the above equal opportunity clause with resped to its own employment pradices when it paRicipates in federally assisted construction work: Provided,that if the applicant so participatirig is a State or Local Government,the above equal opportunity clause is not applicable to any agency, fnstrumentality, or subdivision of such government which does not participate in work on or under the contract. Tha Agency also agrees: (1)To assist and cooperete actively with the State in objaining tHe compliance of contractors antl subwntractors with the equal opportuniry clause and rules, regulations, antl relevant orders of the Secretary of Labor. (2)To fumish the State such inforrnatfon as it may require for the supenision of such complfance and that it will otherwise assist the State in the discharge of fts pnmary responsibiliry for securing compliance. (3)To refrain from entenng into any contract or contrad modifiwtion subject to F�ecutive Order11246 of September 24, 1965, with a contractor debarred from, or wYio has nbt demonstrated eligibility for, govemment contrads and federally assisted construdion contrads pursuant to the Executive Order. (4)To carry out such sanctions and penalties for 4iolation of the equal opportuniry clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administretion, or the Secretary of Latior pursuant to Part II, subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to corriply with these undertakings, tFie State may take any or all of the following actions: (a)Cancel,terminate, or suspend this agreement in whole or in part; (b)Refrein from extending any further assistance to the Agency under the program with respect to which the failure or refu.sal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate�egal proceedings. DOT Fortn 140-039 Page 4 Revised OSl2015 XIII.Liquldated 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 cont�act wi[hin the contrect time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federel participation in accordance with this paragraph. XIV.Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the wntract in whole,or from time to time in part,whenever: (1)The requisite federal funding tiecomes unavailable through tailure of appropriation or otherwise. (2)The contractor is prevented from proceeding with the work asa 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 ot the President or Govemor 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 juPisdiction 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 fs notified by the Federal Highway Administration that the project is inactive. (5)The Secretary datennines that such termination is in the best interests of the State. XV.Venue for Clalms and/or Causes of Action For the convenience of the paRies to this contrad, 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 6ounty. XVI.Certification Regarding the Restrlctions of the Use of Federal Funds for Lobbying The approving authority ceRifies, to the best of his or her knowledge and belief,that: (t)No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for iniluencing or attempting to influence an officer or employee of any federel agency, a member of Congress, an oHicer or employee of Congress, or an employee of a member of Congress in connedion with the awarding of any federal contract,the making of any federel grant,the making of any federel loan, the entering into of any cooperative agreement, and the extension, continuaGon, renewal, amendment, or modification of any federal contrad,grant, loan, or cooperative agreement. (2)If any funds other than federal appropriated funds have been paid or wlll be paid to any person for in0uencing or attempting to inFluence an officer or employee of any federal agency, a member of Congress, an oHicer or employee of Congress, or an employee of a member of Congress in connedion with this federal contrect,grant, loan, or cooperative agreement,the undersigned shall complete and submit the Standard Fortn-LLL,"Disclosure Form to Report Lobbying,"in acwrdance with its instructions. (3)The untlersigned shall require that Me language of this certifica6on be included in the award documents for all subawards at all tiers(including subgrants, and contrac[s and subcontrects under grants,subgrants, loans, and cooperative agreements)which exceed 5700,000, and tliat all such subrecipients shall certiy and disclose accordingly. This certification is a material representation of hact 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 transadion imposed by Section 1352,Title 31, U.S. Code.Any person who fails to file the required certifcation shall be subjed to a civil penalty of not less than$1 D,000 and not more than $100,000 for each such failure. XVII.Aasurencos Local agencies receiving Federel funding from the USDOT or its operating administretions(i.e., Federel Highway Administration, Federal TrensitAdministretion, Federal Aviation Administretion)are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act(ADA). Additional Provisions DOT Fortn 140-039 Page 5 Revised 052015 i , �� szo � � Washington State Tr�nsportatio� 6uildmg �, De artment of Trans ortation 31Ji+,�'��' p"� �'�, _� - P P oo- ao ;;3or, o�,„���.v�a �a�o- -�oo 3a�;-;�s-,-oo� April 1 l, 2016 r'� 3�0-3�? �-'a3 :,,sdc: �,;�� Ms. Ingrid Gaub RECEIVED City Engineer City ofAuburn APR 1 4 2016 25 West Main Street Auburn, Washington 98001 Ciry of Auburn City of Auburn c�Pw-Engineennq Services Lake Tapps Parkway Preservation STPUL-3290(012) FUND AUTHORIZATION Dear Ms. Gaub• We have received FHWA fund authorization, effec[ive April 5, 2016, for this project as follows: PHASE TOTAL FEDERALSHARE Preliminary Engineering $124,380 $97,900 As a condition of authorization you must show continuous project progress through monthly billings, until your project is complete. Failure to show continuous progress may result in your project becoming inactive per 23 CFR 630.106(a) (5) and subject to de-obligation of all federal funds and agreement closure. Enclosed for your information and fife is a fully executed copy of Local Agency Agreement LA-8867 between the state and your agency All costs exceeding [hose shown on this agreement are the sole responsibility of your agency FHWA requires projects utilizing federal funds for preliminary engineerin; or right of way to advance to construction. If this project is unable to proceed to construction, any expended federal funds must be repaid. WSDOT authorization to proceed with right of way and/or construction is contingent upon receipt and approval of your environmental documents. You may proceed with the administration ofthis project in accordance with your WSDOT approved CeRification Acceptance agreement. � Sincere � Stephan Tax Manager, Program Management Local Programs ST:hj:ac Enclosure cc: Ed Conyers,NoRhwest Region Local Programs Engineer, MS NB82-121 t � \Ui_�c_r � � ��at�� Local Agency Agreement Agency City of Aubum CFDA No.20.205 (Catalog or Federal Domestic Assistance) Address 25 West Main S[ree[ 7 Aubum, WA 98001 Project No. ST4 L,� L — 32—�1C7 � O I Z Agreement No. � � Q For OSC WSDOT Use Only The Local Agency having complied,or hereby agreeing to wmply,with the tertns and conditions set forth in(1)Title 23, U.S.Code Highways, (2)the regulations issued pursuant thereto, (3)2 CFR Part 200, (4)the policies and procedures promulgated by the Washington State Department of Transportalion, and(5)the federal aid project agreement entered into between the State and Federal Govemment, relative[o the above project, the Washington State Departmenl of TrenspoM1ation will authorize the Local Agency to proceed on the project by a separete 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, subjecl to the approval of the Federal Highway AdminisUation. All project costs nol reimbursed by the Federal Govemment shall be the responsibiliry of the Lxal Agency. ProJect Description Name Lake Tapps Parkway Preservation Project �engtn 135 Miles Termini �'✓estem Ciry Limit to Lakeland Hills Way SE Description of Work Patch and overlay portions of the pavement on Lake Tapps Parkway SE from the Western City limit to Lakeland Hills W ay ProjectAgreement End Date December 2018 Claiming Indirect Cost Rate Proposed Advertisement Date ❑Yes ✓ No Estimate of Fundin Type of Work ��) �2) (3) Estimated Total Estimated Agency Estimated Federal Pro'ed Funds Funds Funds PE .A enc 110179 14874 95305 0 86.5 o b. her Non-Participant 11201 11201 Federal Aid c.Other Participation d.Stat 3000 405 2595 Ratio for PE e Total P os limate a. + «d 124,380.00 26,450.00 97,900.00 Right of Way { e c ��� .Other FederatAid h.Other Participalion Ratio for RW � State .Tolal RNV Cost Estimate r+ «n.� 0.00 0.00 0.00 Construction Con ra ��' I. Other m.Other FederalAid n.Other Participation o.A en Ratio for CN State C C .i F i 4 O.00 O.00 O.00 T ta o' ct C t Estima e :+ 124,380.00 6, 80.00 9 ,900.00 A ency Afficia Washington Statd epartment of, rensportation By � � By � �%-- .' -��'�� � Nancy Bachus, Mayor Director, Local P ograms � Date Executed ��+n ^ ,� �ni„ DOT Form 140-039 Page 1 Revised OS/2015 , Construction Method of Financing (Check Method Selected) 1 State Ad and Award Method A-Advance Payment-Agency Share of total construction cost (based on contract award) Method B-Withhold from gas tax the Agency's share of total construction coast (line 5, column 2) in the amount of $ at$ per month for months. Local Force or Local Ad and�v�rd ., �/ Method C-Agency cos curred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of hte federal funds obligated, it accepts and will comply with the applicable provisions set forth below.Adopted by o�cial action on February 1 2016 , Resolution/Ordinance No. Resolution No. 5208 Provisions I.Scope of Work The Agency shall provide all lhe work, labor, materials,and services necessary to perfortn the projed which is described and set forth in detail in the"Projed Description"and"Type of Work." When the State acts for and on behalf of the Agency, the State shall be deemed an agent ot the Agency and shall perform the services described and indicated in"Type o1 Work on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the Stale 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 Federel Highway Administration. II. Delegation of Authority The State is willing to fulfll 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 Slate shall review the work to ensure conformity with the approved plans and specifications. III. Project Administretion 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 qualifed personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects,the supervision and inspection shall be limi[ed 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.Availabiliry of R¢cords All project records in suppoA of all costs incurred and actual expendi[ures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by lhe Washington State Auditor s Office,lhe U.S. Department of Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Govemment 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 tederal aid funds lo 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 classifcation of work on this projecl until authorized in writing by lhe State for each classifcation.The ciassifications 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 oi the road for which preliminary engineering is undertaken is not staRed by the close of the lenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to ihe State the sum or sums of federal funds paid to the Agency under the terms of this agreement(see Seclion IX). If actual construction of the road for which righl of way has been purchased is not started by the close of lhe tenth fiscal year following the fiscal year in which the right o(way phase was aulhorized, lhe Agency will repay to the State the sum or sums of federal CSsT�Fgamdtao�o39 9ency under the terms of this agreement(see Section IX). Page 2 Revised 0512015 . , The Agency agrees that all stages of construction necessary to provide the initially planned complete faciliry 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 conVacl 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 Fede21 Trensportation Ad,as amended,2 CFR Part 200.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 Govemment. 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 federel 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,generel administretion,supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with lhe regulations outlined in 2 CFR Part 200-Uniform Admin Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment,the S[ate shall bill the Federal Govemment for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to [his project.The State shall bill the Agency for that portion of State costs which were nol reimbursed by the Federel Government(see Section IX). 1 Project Construction Costs Project consfruction fnancing 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 noti(y the Agency of the exact amount to be deposited with the State.The State will pay all costs incurred under the contrect upon presentation of progress billings from the wntractor. 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, lhe State will presenl the Agency with a final billing showing the amount due the State or lhe 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 agreemenl establishes the monlhs in which the withholding shall take place and the exact amount to be wilhheld each month.The extent of withholding will be confirmed by letter from the State at the time o(contrect award. Upon receipt of progress billings from the contractor,the State will submit such billings lo the Federal Government for payment of its participaling 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 Federel participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, generel administretion, supervision, and other overhead shall not be eligible for Federel participation unless claimed under a previously approved indirect cosl 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 agreemenl.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 Federel Consultant Contracts The Agency, if services of a consultan[are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on Ihe 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 conducled by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting OHice by the Compiroller General of the United States; WSDOT Manual M 27-50. Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding belween WSDOT and FHWA, and 2 CFR Part 200.501 -'Audil Requirements. If upon audit it is found that overpaymenl or participation of federal money in ineligible ilems of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess paRicipation (see Section IX). VIII. Single Audit Act The Agency,as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations.A subrecipient who expends $750,000 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 2 CFR Part 200.501 Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the reporl is transmitted promp[ly to the State. DOT Form 740-039 Page 3 Revised O5l2075 , � IX. Payment of Billing The Agency agFees that if payment or arrangement for payment of any of lhe 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 S[ate within 45 days after the Agency has been billed, the State shall effecl reimbursemenl 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, Local Programs. Project Agreement End Date-This date is based on your projects Period of Performance (2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement.All eligible costs incurred prior to the ProjectAgreement End Date must be submitted for reimbursement within 90 days after the Projecl Agreement End Date or they become ineligible for federal reimbursement. X.Traffic Control,Signing, Marking, and Roadway Maintenance The Agency will nol 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 improvemenl 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 Federel Government,arising from the Agency s execution, performance,or failure lo perform any of the provisions of this agreement,or of any other agreement or contract connected with this agreement,or arising by reason o(the participation of the State or Federal Government in the project, PROVIDED nothing herein shall require lhe Agency to reimburse the State or the Federal Government for damages arising out of hodily 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 sleps 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 lerms shall be treated as a violation of this agreement. Upon notifcation 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 Progrem Fraud Civil Remedies Act of 1986 (31 U.S. C. 3801 et seq.). The Agency hereby agrees that it will incorporete or cause to be incorporated into any contract for construction work, or modification thereof, as defined in She 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 Governmen[or borrowed on the credil of the Federal Government pursuant to a grant, contract, loan, insurance,or guaren[ee or understanding pursuant to any federel program involving such grant, contract, loan, insurance, or guarantee, the required con[ract provisions tor Federal-Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees[hat il will be bound by the above equal opportunity clause with respec[to its own employment practices when it participates in federally assis[ed construclion 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, instrumen[ality, or subdivision of such government whlch does not participate in work on or under the con[rac[. The Agency also agrees: (1)To assist and cooperete actively wilh [he Stale in obtaining the compliance of contraclors and subcontractors with the equal opportuniry clause and rules, regulations, and relevant orders of the Secretary of Labor. (2)To furnish the State such iniormation 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 contracl or contract modifcation subject to Executive Order 11246 of September 24, 1965,with a contraclor debarred from, or who has not demonstrated eligibility for, government contracts and tederally assisted construction contracts pursuant to the Executive Order. (4)To carry out such sanclions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federai Highway Administration, or the Secretary of Labor pursuant to PaR II, subpaR D of the Executive Order. In addition, the Agency agrees that if it fails or retuses to comply with these undertakings, lhe State may lake any or all of the following actions: (a)Cancel, terminate, or suspend this agreement in whole or in paR; (b)Refrain from extending any further assistance lo the Agency under lhe program with respecl 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. DOT Form 140-039 Page 4 Revised OS/2075 , • XIII. Liquldated 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 contred within the conVact time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV.Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole,or from time to time in part,whenever• (1)The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2)The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense,or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3)The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4)The Secretary is notified by the Federal Highway Administretion 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 contrad, it is agreed that any claims and/or causes of adion 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.CeRification 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 federel agency, a member of Congress, an offcer 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 grent, the making of any federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification oi 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�ederel agency, a member of Congress, an oKcer or employee of Congress, or an employee of a member of Congress in connection with this federal contract,grent, loan, or cooperetive 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 o/this certification be included in the award documents for all subawards at all tiers(including subgrants, and contrects and subcontracts under grants, subgrents, loans, and cooperetive agreements)which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certifcation 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,Ttle 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,D00 and not more than $100,000 for each such failure. XVII.Assurences Local agencies receiving Federal funding from the USDOT or its operating administrations(i.e. Federal Highway Administration, Federal Transit Administretion, Federal Aviation Administrelion)are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all progrems, activities, and services will be conducted in compliance with Section 504 and the Americans with Disabiii6es Act(ADA). Additional Provisions DOT Form 140-039 Page 5 Revised OS/2015