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HomeMy WebLinkAbout19-081 - WA State Department of Transportation (WSDOT) - Congestion Mitigation and Air Quality Grant for West Valley Highway (I-405 - Strander Boulevard)19_081kd Council Approval 7/2/19 MT Washington State WAF Department of Transportation Agency City of Tukwila Address 6200Smuthcun\er Boulevard Tukwila, WA 98188 Local Agency ��-,�re4��0ent ~" ° CFIDANo. 20.205 (Catalog or Federal Domestic Assistance 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)2CFIRPart 200@4)2 CFRPart 18O—certifying that the local agency bnot excluded from receiving Federal funds by a Federal suspension or debarment, (5) the policies and procedures promulgated bythe Washington State Department ofTransportation, 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 unthe project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein online ccolumn 3.without written authority by the State, subject to the approval of the Federal Highway Administration, All project costs not reimbursed bythe Federal Government shall bothe responsibility ofthe Local Agency, Project Description manm West Valley B Way Shared Use Pathways Phase 7erminiUPRR ROW toSRl8l Description nfWork See Attached. Project Agreement End Date 12B1/2023 Proposed Advertisement Date Length U-lmilo Claiming Indirect Cost Rate | / Yes V No �p of Work Estimate mfFunding (1) Estimated Total Project Funds �) Estimated Agency Funds C� Estimated Federal Funds PE a.Agonc9 865 � � b.Other Cnooubuot 102,006�00 13'771�00 88,235�00 Federal Aid o.[Xhar Participation � d State 1,000,00 135.00 865.00 RuUofor PE e.Total PECost Estimate (a+b~u~m) 103,806.00 8,906.00 89,100.00 Right nfWay f.Agenoy ~�. Other Federal Aid � h Other Participation 'iState Ratio for RVV ^ �. Total R8WCost Estimate V+q+h~* 0.00 0.00 OIN Construction k.Contract % iOthor m.Other � Federal Aid n�omm Participation � o agonoy Ra�ofor CN p.81aba ' q.Total CNCost Estimate (k-H+m~n~n~v 0.00 0.00 0.80 cTotal � a|Pro�CuntEo@mete(e++q) . _~~~~~- }03L0o6�OO 13,906.00 89,100.00 Agency Official By Title Mayor A] 1 an Ekberg Washingt,qri State Department of Transportation By Loca|P Date Executed DOT Form 140-039 Revised 03/2019 P- Page1 Construction Method of Financing (Check Method Selected) State Ad and Award Method Advance Payment - Agency Share Vftotal construction cost (based 0ocontract 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 orLocal Adand Award Method -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. Funding acceptance byCouncil Motion Provisions LScope pfWork The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth indetail inthe "Project Description" and '"Type ofVyo,k," When the State acts for and onbehalf of the Agency, the 8haieshall bedenmedanagent ofthe Agency and shall per -form 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 ionot subject tothe right ufcontrol bythe Agency, the State shall have the right tnperform the work subject to the ordinary procedures of the State and Federal Highway Administration. U.Delegation wfAuthority The State /awilling 10fulfill the responsibilities tothe Federal Government bythe administration ofthis project. The Agency agrees that the State shall have the full authority Vocarry 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. |||. 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,AUopotsre|mtedtothiopnoject incurred by employees ofthe 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 atall reasonable times and shall beretained and made available for such inspection for mperiod ofnot 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 inwriting by the State for each classification. The classifications of work for projects are: 1.Preliminary engineering. 2.Right ofway acquisition. 5.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 cle-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 bythe close nf'the tenth fiscal year following the fiscal year in'which the right ufway phase was authorized, the Agency will repay to the State the sum or sums of federal funds paid tothe Agency under the terms ofthis agreement (see Section 0). DOT Form 140-038 Page nev1smdno,zo18 The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform toat 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 tocomplete 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 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 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 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 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 tobodeposited 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 payment from the Agency to the State orbyarefund from the State tothe Agency, Method B—The Agency's share ofthe total construction cost eoshown on the face nfthis agreement shall bewithheld from its monthly fuel tax allotments. The face 'ofthis agreement establishes the months inwhich the withholding »ho|| take place and the exact amount tobewithheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt ofprogress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion ufsuch 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 ofeligible project costs uptnthe amount shown onthe face ofthis 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 tothe Agency for project costs which are subsequently determined tobeineligible for federal participation (see Section \X). m\.Audit pYFederal Consultant Contracts The Agency, ifservices ufoconsultant are required, shall beresponsible for audit ofthe consultant's records todetermine 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. Anaudit shall beconducted bythe VVSDDTInternal Audit Office inaccordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSIDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHVVA;and 2CFRPart 2OO.5O1-Audit Requirements. 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). VlV.Single 'Audit Act The Agency, enaaubnadpientoffederal funds, shall adhere -tothe federal regulations outlined in.2CFRPart 200.501 anwell anall applicable federal and state statutes and regulations. Aaubrocipiontwho expends $75O,OOV or more in federal awards from all mooruon during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provisions of 2 CIFIR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly tothe State. DOT Form 140-nng Page RovixedO3/%O1g ' 1�.Payment ofBilling The Agency agrees that if payment or arrangement for payment of any of the State's billing relative tothe project (e.g,State force work, project cancellation, overpayment, cost ineligible for federal participation, etc)ionot made tuthe State 'within 45days 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, Noadditional Federal project funding will beapproved until full payment iareceived 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 tothe Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they become ineligible for federal reimbursement. X. TrafficContro|, Signin0, 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 tobeinstalled any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and M UTCD. 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, orfailure mperform any ofthe provisions ofthisagroement.orofonyotheragreem*nt«rcontraot connected with this agreement, orarising byreason pfthe participation ofthe State orFederal Government inthe 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 ordamage ioproperty caused byorresulting from the sole negligence ofthe Federal Government orthe State, X||.Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate onthe basis nfrace, color, national origin, orsex inthe award and performance ofany U8DOT- oonistedcontnactond/oraVneomentnrin 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 1BU3.C�10O1'and/or the Program Fraud Civil Remedies Act of1S8G(31U�G.C.3O81etoeq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contractfor construction work, ormodification thereof, asdefined in the rules and regulations ofthe Secretary ofLabor in41 CFRChapter 80.which iopaid for inwhole or1npart 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 toits own employment practices when it participates in federally assisted construction work: Provided, that if the applicant soparticipating is.aState ocLocal Goxernmcpt, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate inwork onorunder 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 tnthe 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 toPart U.subpart Dofthe 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, orsuspend this agreement inwhole urinpart; (b) Refrain from extending any further assistance to the Agency under the program with respect towhich the failure orrefusal 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 14n-0nS Page ojU.Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127,onsupplemented, relative Vo 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. X|\(Termination for Public Convenience The Secretary ofthe Washington State Department ofTransportation may terminate the contract in who|e, or from time totime 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 tothe prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect tothe preservation ofenergy resources. (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order ofmcourt of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons oragencies 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 iointhe best interests ofthe State. X\<Venue for Claims and/or /Causes ofAction For the convenience ofthe parties tnthis contract, itiaagreed that any claims and/or causes ofaction which the Local Agency has against the State of Washington, growing out of this contract orthe project with which it is ooncemed, 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, toany 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 ofCongress, mranemployee 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 $1OO.UQ0`and that all such muhracipientnshall certify and disclose accordingly. This certification in'a material representation rffact upon which reliance was placed when this transaction was meUo n,entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposedbySecGon1352.Tide31.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 $1UO.D00for each such failure. . XyU.Amoqrances Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) 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 5O4and the Americans with Disabilities Act (ADA). Additional Provisions DOT Form 140-039 Page 5 Revised 03/2019 West Valley Highway/Longacres Way phase 2 City of Tukwila Cal 2-0 LA 9 Description of Proposed Work Improvements will be completed on SR 181 from the west end of the Pedestrian -Bicycle Bridge over the Green River to Longacres Way and on Longacres Way between SR 181 and the Tukwila Sounder Station. The project is divided into two phases. Phase 2 is for pedestrian and bicycle facilities on Longacres Way from SR 181 up to or near the Tukwila Sounder Station. Washington State WO Department of Transportation Agency City of Tukwila Address 6200 Southcenter Boulevard Tukwila, WA 98188 19-081 Council Approval 7/2119 Local Agency Agreement CFDA No. 20.205 (Catalog or Federal Domestic Assistance) Project No. 41 Agreement No. For OSC WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the terms arid conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) 2 CFR Part 180 — certifying that the local agency is riot excluded from receiving Federal funds by a Federal suspension or debarment, (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 arid 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 Valley Elighwartongaeres Way Shared Use Pathways Phase 1 Length 0,07 mile Termini W end of planned Green River Bridge to Longacres Way Description of Work See Attached. Project Agreement End Date 12/31/2023 Proposed Advertisement Date Claiming Indirect Cost Rate Yes vi No Type of Work Estimate of Funding (2) Estimated Agency Funds (3) Estimated Federal Funds (1) Estimated Total Protect Funds PE a„ Agency 86'5 % b. Other Consultant 111,994.00 15,119.00 96,875.00 Federal Aid c. Other Participation d. State 1 000 . , 00 135 . 00 865.00 Ratio for PE e, Total PE Cost Est' ate (a+b+c+d) 112,994.00 15,254.00 97,740.00 Right of Way f. Agency % . Other Federal Aid h. Other Participation Ratio for RW i° State j. Total RAN Cost Estimate Iketwil 0.00 0.00 0.00 Construction k. Contract I. Other m. Other Federal Aid n. Other Participation o. Agency Ratio for CN p. State g. Total CN Cost Estimate irk:m+a+o+01 0.00 0.00 0.00 r. Total 13..pelfra‘ct Cost Estimatele+oel 112,994.00 15,254.00 97,740,00 Agency 0 By Title Mayor Allan Ekberg DOT Form 140-039 Revised 03/2019 Washington State Department of Transportation Director, Local Programs Atie '7 7,019 Date Executed ) ) I /), j ) Page 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 gas tax the Agency's share of total construction coast (line 5, column 2) in the amount of per month for months. Local Force or Local Ad and Award 1' Method G -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 Resolutionfrdinance No. Funding acceptance by Council Motion 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. IL 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)., ifactual 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 Page 2 Revised 03/2019 The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits ofthis project will conform hzo1least 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 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 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 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 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 10 this project. The State shall bill the Agency for that portion ofState onutowhixhwermnotno|mburnedbythoFodo,a|Govemment(eee 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 apayment from the Agency tothe State orbymrwfungfmmtheStatetotheA0ency. 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 nfprogress billings from the contractor, the State wiUnubmitouohbiUingntothoFwdeny|Gmvemment/orpaymontofhm participating portion nfsuch 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 tothe 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). Vl|.Audit ufFederal 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 WSIDOT 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 K027'5O.Consultant Authorization, Selection, and Agreement Administration; memoranda ufunderstanding between VV8DDTand FHVVA;and 2CFRPart 2OQ.SO1'Audit Requirements. 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). VNLSingle 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 report is transmitted promptly hmthe State. DOT Form 1*u-0oe Page IXPayment mfBilling 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, 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 Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they become ineligible for federal reimbursement. 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, orsuits, whether atlaw orequity brought against the Agency, State, o/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. XU.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- assistedcontnoctandbxmgneemento,inthoedministnytionofitoDBEpmgmmor1homquimmen$of4AGFRPart2H.ThoAyonoy shall take all necessary and reasonable steps under 49CFRPart 26toensure nondiscrimination inthe award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 20and muapproved byU3D0T is incorporated by reference in this agreement. Implementation of this program is legal obligation and failure tocarry 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 18U.S.C10O1and/or the Program Fraud Civil Remedies Act of1888(31 U.B.C.38O1 etueql The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, ormodification 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 respecttoits 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 inwork onorunder 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 inthe discharge ofits 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 tothe 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, |naddition, the Agency agrees that if it fails or refuses to comply with these under -takings, the State may take any or all of the following actions: (a) Cancel, terminate, o,suspend this agreement inwhole orinpart; (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. DOT Form 1^o-0ao Page 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, 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 - LLI_, "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. XVII. Assurances Local agencies receiving Federal funding from the USDOT or its operating administrations (Le., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) 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 Form 140-039 Page 5 Revised 03/2019 West Valley Highway/Longacres Way phase I City of Tukwila CAN1-01b1 Olq LA - 91.0S' Description of Proposed Work Improvements will be completed on SR 181 from the west end of the Pedestriari-E3icycle Bridge over the Green River to Longacres Way and on Longacres Way between SR 181 and the Tukwila Sounder Station. The project is divided into two phases. Phase 1 will design and construct a shared use path along West Valley Highway from Longacres Way south to the Pedestrian -Bicycle Bridge, including a 12-14 ft. separated shared use path with a 5 ft. landscaped buffer strip on the west side of the highway. Wi4111166. ."'JP'`,Im Washington State Vial, Department of Transportation Local Agency Federal Aid Project Prospectus Prefix Route ) Date May 3, 2019 DUNS Number Federal Aid Proect Number j SR181 Federal Employer Tax ID Number 91-6001519 Local Agency Project Number 99310410 ( WSDOT Use Only Agency City ofTukwila CA 7 Agency Ves a No Federal Program 11120.205 Title Other Project Title West Valley Highway/Longacres Way Shared Us Start Latitude N 47.45973 End Latitude N 47.46102 Start Longitude W -122.24471 End Longitude VV -122,24318 Project Termini From -To W end of Grn Rvr Brg Longacres Way Nearest City Name Tukwila Project Zip Code (+4) 98188-8548 Begin Mile Post End Mile Post Length of Project 0,17 mile Award Type Local Forces State E1 Railroad Route ID SR 181 Begin Mile Point End Mile Point City Number 1320 County Number 17 County Name King WSDOT Region Northwest Region Legislative District(s) 11 Congressional District(s) 9 Urban Area Number 1 Phase Total Estimated Cost (Nearest Hundred Dollar) Local Agency Funding (Nearest Hundred Dollar) Federal Funds (Nearest Hundred Dollar) Phase Start Date Month Year RE. 218,000 31,160 186 840 6/2019 IRAN Const. 1,006,900 78,100 500,800 12/2019 Total 1,220,900 107,100 685,800 Description of Existing Facility (Existing Design and Present Condition) Roadway Width 88.5 ft Number of Lanes 6/7 44 feet wide on Longacres Way with 2 travel lanes and on -street parking Description of Proposed Work Description of Proposed Work (Attach additional sheet(s) if necessary) See Attached. Local Agency Contact Person Cyndy Knighton Title Senior Program Manager Phone 206-431-2450 Mailing Address 6300 Southcenter Blvd, Ste 100 .....---- City Tukwila State WA Zip Code 98188 Project Prospectus 4.; ---Apprng Authority DOT Form 140-101 Revised 0412015 Title Mayor , Al 1 an Ekberg Previous Editions Obsolete Date Page 1 Agency Cityof Tukwila Project Title West Valley Highway/Longacres Way Share Date May 3, 2019 Type of Proposed VVork Project Type (Check all that Apply) 0 New Construction 0 Reconstruction ri Railroad 0 Bridge 0 1 n Path / Trail 0 3-R Pedestrian 1 Facilities LJ 2-R Roadway Width 88.5 Number of Lanes 6/7 Geometric Design Data Description Through Route Crossroad Federal Functional Classification li rl 17-1 urban Rural NHS rl O • NI • Principal Arterial Minor Arterial Collector Major Collector Minor Collector Local Access 1,11 Urban El Rural u NHS 0 n fl ,—, I 1 iler Principal Arterial Terrain 1 Flat Ei Roll IN Mountain 7] Flat n Roll 0 iVlountain Posted Speed 40 25 Design Speed 40 25 Existing ADT 29,300 nia Design Year ADT 32,100 nla Design Year 2025 nia Design Flourly Volume (DHV) 2,200 ilia Performance of Work Preliminary Engineering Will Be Performed By Consultant Others 100 Agency % Construction Will Be Performed By Contractor Contract 100 Agency Environmental Classification El • Class I - Environmental Impact Statement (EIS) lil El Project Involves NEPA/SEPA Section 404 Interagency Agreement Class III - Environmental Assessment (EA) El Project Involves NEPA/SEPA Section 404 Interagency Agreements Class 1 II - Categorically Excluded (CE) Projects Requiring Documentation (Documented CE) Environmental Considerations Work to be done on SR 181 is within the shoreline buffer for the Green River. No other major environmental consideration is expected as the work is within an already highly disturbed area and excavation is not expected to go beyond the depth of previously disturbed soil. DOT Form 140-101 Revised 04/2015 Previous Editions Obsolete Page 2 Agency City of Tukwila Project Title West Valley Highway/Longacres Way Share Date May 3, 2019 Right of Way I/I No Right of Way Needed *All construction required by the contract can be accomplished \within the exiting right of way. Fl Right of Way Needed Relocation 1 No Relocation Required Utilities Railroad ri-lej No utility work required 0 All utility work will be completed prior to the start of the construction contract lij Ail utility work will be completed in coordination with the construction contract 1 No railroad 0 All railroad the construction work required work will be completed prior to the start of contract work will be completed in coordination contract • All the railroad with the construction Description of Utility Relocation orAdjustments and Existing Major Structures Involved in the Project FAA involvement Is any airport located within 3.2 kilometers (2 miles) of the proposed project? 0 Yes 1 No Remarks This project has been reviewed by the legislative body of the administration agency or agencies, or its designee, and is not inconsistent with the agency's comprehensive plan for community development. Agency City of Tukwila By Mayor/Chairperson Al lan-Ekbergi Mayor Date DOT Form 140-101 Revised 04/2015 Previous Editions Obsolete Page 3 Description of Proposed Work Improvements will be completed on SR 181 from the west end of the Pedestrian -Bicycle Bridge over the Green River to Longacres Way, including a 12-14 ft. separated shared use path with a 5 ft. landscaped buffer strip on the west side of the highway. Design -only will be completed for future irnprovements on Longacres Way between SR 181 up to or near the Tukwila Sound Transit Link Station. Engineer's Estimate for Proposed 'Work Within the attachment entitled "Tukwila Mobility Connections" are descriptions of the proposed work and engineering estimates of probably cost. The work is part of a larger effort to improve mobility connections and this document includes discussion on improvements to Baker Boulevard. That segment has been funded outside of the CMAQ grant and is complete. The Engineer's Estimate 2 on pages 17 and 21 are the basis for the cost estimate. Preliminary Engineering costs were estimated using 15% of the construction estimate. Additional costs for permitting and associated survey are included beyond the traditional 15% due to the low construction costs not reflecting the complexity of the federal and shoreline permitting requirements. The following page summarizes the budget for the two sections of this project. West Va Budget Summary ley Highway/Longacres Way (rounded to nearest hundred) West Valley Highway Shared Use Path Federal Funds Local Funds Total Preliminary Engineering Permitting & Survey Construction Construction Management Longacres Way $62,500 $9,800 $72,300 $13,600 $2,100 $15,700 $441,100 $41,300 $482,400 $0 $96,500 $96,500 Subtotal $517,200 $149,700 $666,900 Federal Funds local Funds Total Preliminary Engineering Permitting & Survey Construction Construction Management Total $97,100 $15,200 $112,300 $13,600 $2,100 $15,700 $0 $0 $t $0 $0 0 Subtotal 110,700 $17,300 $128,000 Federal Funds Local Funds Total Preliminary Engineering Permitting & Survey PE Phase Subtotal Construction Construction Management Construction Subto al $159,600 $25,000 $184,600 $27,200 $4,200 $31,400 $186,800 $29,200 $216,000 $441,100 $o $1,300 $482,400 $96,500 $96,500 $441,100 $137,800 $1,010,900 TOTAL Ct T $627,900 $167,000 $1,226,900