Res 06-469
ORt GINAL
RESOLUTION NO. 06-469
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AUTHORIZING
EXECUTION OF LOCAL AGENCY AGREEMENT WITH
WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION REGARDING IMPROVEMENT OF
PACIFIC HIGHWAY SOUTH HOV LANES PHASE IV (DASII
POINT ROAD TO S 3l2TH STREET) IN THE CITY OF
FEDERAL WAY, WASHINGTON.
WHEREAS, thc City of Federal Way applied for VKING 02 Fund from the
Washington State Department of Transportation for the purpose of design, right-or-way
acquisition and construction of Pacific Highway South HOV Lanes Phase IV between Dash
Point Road and S 312th Street; and
WHEREAS, the Washington State Departmcnt of Transportation agrees to grant
the City of Federal Way cstimated federal funds in the amount of four Hundred Forty Thousand
Five Hundred Eighty - Four Dollars ($440,584) providcd that thc City Council authorizes the
City Manager to enter into the Local Agency Agreement; and
WHEREAS, by accepting said grant the City of Federal Way agrees to execute
the Local Agency Agreement; and
WHEREAS, by accepting said grant the City of Federal Way agrees to match the
federal funds in an estimated amount of Sixty - Eight Thousand Seven Hundred Sixty -- two
Dollars ($68,762), which has been budgeted in the City's 2005 - 2006 budget;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY HEREBY RESOL VES AS FOLLOWS:
Rcs. # 06-469, Page 1
Section 1. Execution of Acceptance of the [,ocal Agency Agreement.
The City Manager or his designee is hereby authorized to execute the Local
Agency Agreement regarding improvement of Pacific I Iighway South HOV Lanes Phase IV
(Dash Point Road to S 312 Street) in the City of federal Way.
Section 2. Receipt of Federal Funds.
The City Manager or his designee is hereby authorized to receive the state <Uld
federal funds estimated to be Four Ilundrcd Forty Thousand Five Ilundred Eighty - Four and
00/1 00 Dollars ($440,584.00).
Section 3. Matching Funds Authorized. Pursuant to the terms of the Local
Agency Agreement, the city commits approximately Sixty - Eight Thousand Seven Hundred
Sixty - Two and 00/1 00 Dollars ($68,762.00), in matching funds.
Section 4. Severability. If any section, sentence, clause or phrasc of this
resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not ailect the validity or constitutionality of any other
section, sentence, clause or phrase of this resolution.
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of this resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective immediately upon
passage by the Federal Way City Council.
Res. # 06-469, Page 2
e
e
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this 17th day of January 2006.
CITY OF FEDERAL WAY
~~/~
- MAYOR, MIC LARK
ATTEST:
~11~~
ClT- --LERK, L URA H iliA WAY, CMC
APPROVED AS TO FORM:
~C( ~t4~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.Oto-L/(Pq
Res. # 06~469, Page 3
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Washington State
Department 0' Transportation
Local Agency Agreement
CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Project No. ___m__
Agency City of Federal Way
Address 33325 8th Avenue South
P.O. Box 9718
Federal Way, WA 98063-9718
The Local Agency having complied, or hereby agreeing to comply, with the telTllS and conditions set forth in (I) Title 23, U_S. Code Highways, (2) the
regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102, A-87 and A-D3, (4) the policies and procedures
promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and
Federal Government, relative to the above project, the Washin!,>1on 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 Pacific Highway South HOV Lane Phase IV
Termini Dash Point Road to South 312th Streel
Description of Work
This project will reconstruct portions and widen Pacific Highway South (SR 99) to provide HOV Lanes each direction,
undergrouning the overhead utilities, curb and gutter, median, and sidewalks, Additional improvements inIcude asphalt
overlay, monification and intcrconnection of existing traffic signal systems, channelization, street Iightign systems,
implementing access managcment and dtrainage system improvements.
PE
865 %
Federal Aid
Participation
Ratio for PE
Right of Way
%
Federal Aid
Participation
Ratio for RW
Construction
%
Federal Aid
Participation
Ratio for eN
Agency Official
By
Length 0.95 mites
Type of Work
(1 )
Estimated Total
Project Funds
Estimate of Funding
1 ----- --- - --.----------.-.---
, (2)
Estimated Agency
Funds
(3)
Estimated
Federal Funds
~,Agency
b. Other __s:~:ms':ll~ant
c. Other ~?n-Participil.!illlS
d. State
e. Total PE Cost Estimate
f. Agen9'.____
----9J?Jtl~r
h. Other
------....
L State
'. Total RJW Cost Estimate
k. Contract
L Other
rn. Other
n. Other
I
499,~~~_~QQ !
_ _____-.225,654.00 i
10,000.00
1,435,000.00
_. ~7,~Jl"Q9
925,654.00
1,350.00
994,416.00
431,93~~()Q
0.00
8,650.00
440,584.00
t--------
. - ~~~;J~~==J~- - ~..-
----T---~------------~-t---------
i
1,435,000.00
o. Agency
~~l:l
. Total eN Cost Estimate k+l+m+n+o+
r. Total Project Cost Estimate (e+j+q)
994416,00
440,584.00
Washington State Department of Transportation
By
Assistant Secretary for Highways and Local Programs
Tille Derek M Matheson Actine City Manager
Date Executed
APPROVED AS TO FORM:
Patricia A. Richardson, City Attorney
Construction Method of Financing (Check Method Selected)
State Ad and Award
o Method A - Advance Payment - Agency Share of lolal conslruction cost (based on contract award)
o Method Boo Wilhhold from gas lax 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
181 Method C - Agency cost incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a
condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth
below. Adopted by official action on
, Resolution/Ordinance No.
Provisions
I. Scope of Work
The Agency shall provide all the work, labor, materials, and services necessary
to perfonn the project which is described and set forth in detail in the "Project
Description" and "Type of Work"
When the State acts for and on behalf of the Agency, the State shall be
deemed an agent of the Agency and shall pertonn the services described and
indicated in "Type of Work" on the face of this agreement, in accordance with
plans and specifications a.~ 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 perfonn 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 confonnity 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 Ageney 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 cost.~
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
Tr.msportation. The records shall be open to inspection by the State and Federal
Government at all reasonable times and shall be retained and madc available for
such inspection for a period of not less than three years from the final paymcnt of
any federal aid funds to the Agency_ Copies of said rccords 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 Statc for
each classification. Thc classifications of work lor projects are:
DOT Form 140-039 EF
Revised 01/2004
1- Preliminary engineering.
2_ Right of way acquisition_
J_ Project construction_
In the event that right of way acquisition, or actual construction of the road,
for which prcliminary engineering is undertaken is not started by the closing of
the tenth fiscal year following the tlscal year in which the agreement is
executed, the Agency will repay to the State the sum or Sums of federal funds
paid to the Agency under the terms of this agreement (see Section IX)_
The Agency agrees that all stages of construction necessary to provide the
initially planned complete facility within the limits of this project will confonn
to at least the minimum values set by approved statewide design standards
applicable to this class of highways, even though such additional work is
financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects, the
current federal aid regulations which apply to liquidated damages relative to the
basis of federal participation in the project cost shall be applicable in the event
the contractor fails to complete the contract within the contract time_
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and
other expenses of the State, is to be paid by the Agency and by the Federal
Government. Federal funding shall be in accordance with the Transportation
Equity Act for the 21st Century (TEA 21), as amended, and Office of
Management and Budget circulars A-102, A-87 and A-D3. The State shall not
bc 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 Govcrnment. Nothing in this agreement shall bc
construed as a promise by the State as to the amount or nature of federal
participation in this project.
The Agcncy shall bill the state for federal aid project costs incurred in
confonnity with applicable fedcral and state laws. The agency shall mimimize
the time elapsed between receipt of lederal aid funds and subsequent payment of
incurred costs. Expenditures by the !J.JCal Agency lor maintenance, general
administration, supervision, and other overhead shall not be eligible for federal
participation unless an indirect cost plan has been approved by WSDOT_
The State will pay for Statc 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.
2
Method A - The Agency will place with the State, within (20) days afier 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
notiry the Agency of the exact amount to be deposited with the State_ 111e 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 tlnal actual costs of the
project can be determined, the State will present the Agency with a tinal billing
showing the amount due the State or the amount due the Agency_ This billing
will bc 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 bc withheld from its monthly fuel tax allotmenl~"
The face of this agreement establishes the months in which the withholding shall
take place and the exact amount to be withheld each month. '[be extent or
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 bc
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 eligiblc federal aid costs on the
project. The report of said audit shall bc in the Agency's files and made
available to tbe State and the Federal Government
An audit shall bc 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 bcrween 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 (OMU) Circular A-133 as weH 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 shaH have a single or program-specific audit performed for that year
in accordance with the provisions of OMS Circular A-133. Upon conclusion of
the A-133 audit, the Agency shall bc 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 bcen billed, the State shall effect
reimbursement of the total sum due from the regular monthly fuel tax aHotments
to the Agency from the Motor Vehicle Fund. No additional Federal project
funding will be approved until full payment is received unless otherwise directed
the Assistant Secretary for Highways and Local Programs_
DOT Form 140-039 EF
Revised 0112004
X. Traffic Control, Signing, Marking, and Roadway
Maintenance
The Agency will not permit any changes to bc madc in the provisions for
parking regulations and trafflc control on this project without prior approval of
the State and Federal Highway Administration_ The Agency will not install or
permit to bc installed any signs, signals, or markings not in conformance with
thc 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 tbe Federal Government and the State harmless from
and shall process and defend at its own expensc all claims, demands, or suits,
whether at law or equity brought against the Agency, State, or Federal
Government, arising trom 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 solc negligence of the Federal Government or the State_
XII. Nondiscrimination Provision
No liability shall attach to the State or Federal Government except as
expressly providcd herein.
111e Agency shall not discriminate on the basis of race, color, national origin,
or sex in the award and performance of any USOOT-assisted contract and/or
agreement or in the administration of its DI3E program or the requirement~ 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
USOOT-assisted contracts and agreemenl~_ The WSOOT'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 tenns shaH bc treated as a violation of this
agreement Upon notit1cation 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.).
111e 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 Contract~ (FHW A 1273), located in
Chapter 44 of the Local Agency Guidelines_
The Agency further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it
participates in federally assisted construction work: Provided, that if the
applicant so participating is a State or Local Govemment, the above equal
opportunity clause is not applicable to any agency. instrumentality, or
subdivision of such government which does not participate in work on or under
the contract.
The Agency also agrees:
(I) 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 moditication
subject to Executive Order 11246 of September 24, 1965, witb a contractor
debarred from, or who has not demonstrated eligibility for, government
contracts and federally assisted construction contracts pursuant 10 the Executive
Order.
(4) To cany out such sanctions and penalties for violation of the equal
opportunity clause a~ 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 Executivc Order.
3
In addition, the Agency agrees that if it fails or refuscs to comply with thesc
undertakings, the State may take any or all of thc following actions:
(a) Cancel, tenninate, or suspend this agreemcnt in wholc or in part;
(b) Refrain from extending any further assistance to the Agency under the
program with respect to which the failure or refusal occulTed until satisfactory
assurancc of future compliance has bcen received from the Agency; and
(c) Refer the case to the Department of Justice for appropriate Icgal
proceedings.
XIII. Liquidated Damages
'Ine 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 applicablc in the event the contractor
fails to complete the contract within the contract time. Failure to include
liquidated damages provision will not relieve the Agency from reduction of
federal participation in accordance with this paragraph.
XIV. Termination for Public Convenience
The Secretary of the Washington State Department of Transportation may
terminate the contract in whole, or from time to time ill part, whenever:
(I) The requisite federal funding becomes unavailable through failurc 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 encrgy 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 compctent
jurisdiction where the issuance of such order is primarily caused by the acts or
omissions of persons Or agcncies other than the contractor.
(4) The Secretary determines that such termination is in the best interests of
the Stale.
xv. Venue for Claims and/or Causes of Action
For the conveniencc 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:
(I) 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 cooperativc
agreement, and thc 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 influCllce an officer or
employcc of any federal agcney, 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 documcnts for all subawards at all tiers (including
subgrants, and contract~ 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 ClItered into. Submission of this
certification as a prerequisite for making or entering into this transacti'ffi
imposed by Section 1352, Title 31, U.s_ Code. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
Additional Provisions
DOT Form 140-039 EF
Revised 0112004
4