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06-016 - WA State Department of Transportation (WSDOT) - Tukwila Urban Access Improvement
.1111A � Washington State -!j Department of Transportation sk(06-016(d) fk_��CCouncil Approval 9/27/10 Local Agency Agreement Supplement Agency City of TukwilaA - Supplement Number 4 Federal Aid Project Number I-1PP 9999(475) Agreement Number LA 6040 CFDA No. 20.205 (Catalog of Federal Domestic Assistance) The Local Agency desires to supplement the agreement entered into and executed on March 10, 2006 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Project Description Name Tukwila Urban Access Improvement Termini Length 0.23 Description of Work ® No Change Reason for Supplement Adding new STP funds. Adding funds for State Force work. Does this change require additional Right of Way or Easements? ❑ Yes ® No T e of Work y� Estimate of Funding (1) Previous Agreement/Suppl. (2) Supplement (3) Estimated Total Project Funds (4) Estimated Agency Funds (5) Estimated Federal Funds PEa. Agency 1,564,824.00 1,564,824.00 1,564,824.00 b. Other Other Consultant STP 108,000.00 108,000.00 14,580.00 93,420.00 c. Other Other State - STP 22,700.00 22,700.00 3,065.00 19,635.00 Federal Aid Participation d. State 10,000.00 10,000.00 10,000.00 Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 1,705,524.00 1,705,524.00 17,645.00 1,687,879.00 Right of Way f. Agency 2,388,500.00 2,388,500.00 2,388,500.00 04, g Other Federal Aid h. Other Participation Ratio for RW i. State j. Total RAN Cost Estimate (f+g+h+i) 2,388.500.00 2,388,500.00 2.388.500.00 Construction k. Contract 651,409.00 651,409.00 87,940.00 563,469.00 I. Other Local funds )1/4.} p 3,734,444.00 3,734,444.00 3,734,444.00 m. Other STP 2,666,099.00 2,272,139.00 4,938,238.00 666,662.00 4,271,576.00 n. Other Int & Corridor Safety 250,000.00 250 000.00 250,000.00 86.5 % o Other TI B, LI D 9,218,128.00 -2,312,139.00 6,905,989.00 6,905,989.00 Federal Aid Participation P. State 20,000.00 40,000.00 60,000.00 8,100.00 51,900.00 Ratio for CN q. Total CN Cost Estimate (k+I+m+n+o+p) 16,540,080.00 16,540,080.00 11,403,135.00 5,136,945.00 r. Total Project Cost Estimate (e+j+q) 20,634,104.00 20.634,104.00 13,809.280.00 6,824,824.00 The Local Agency further stipulates that pursuant to said Title 23, regulations and po icies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions. Agency Of _'aI By Title DOT Form 140-041 EF Revised 1/2007 Washington Sta : Dr partment of `r. nsportation By Director of Highways an. Local Programs Date Executed SEP 222011 J S.�� F.2 okl //t✓✓if LS ACTION ITEM To: Executive Board From: Subject: AT ISSUE Councilmember Claudia Balducci, Chair Transportation Policy Board Approve Projects for Additional FFY 2011 STP/CMAQ Funds July 21, 2011 Additional PSRC funds totaling $27.5 million have become available as the result of higher -than - estimated FFY 2011 allocations of the region's two Federal Highway Administration funding sources — Congestion Mitigation and Air Quality Improvement Program (CMAQ) and Surface Transportation Program (STP) funds. In addition, PSRC's allocation of FFY 2010 S IF funds has been increased by $9.2 million, bringing the total amount of new funds available for distribution to $36.8 million (rounded). Per adopted policy, contingency lists of projects were created as part of the 2009 project selection process for PSRC funds, should additional funds become available before the 2012 project selection process. Additional funds did become available in 2010 and projects from these Lists were funded at that time. The lists have since been revised to add several new projects, in anticipation of additional funds becoming available during 2011. The revised lists were released for a public review and comment period, and were approved by the Board in June 2011. In addition to new funds from higher than estimated allocations, the adopted Project Tracking Policies for PSRC's Federal Funds also direct any funds retumed from canceled or completed projects to the approved contingency lists of projects. At this time, there is an additional $5.1 million of returned STP/CMAQ funds from PSRC's project tracking program. The total amount of funds available for distribution to the approved contingency lists is therefore $41.9 million. The Transportation Policy Board met on July 14 and recommended approval of the distribution of $40 million to regional contingency list projects and to contingency list projects in King, Pierce and Snohomish counties, as shown in Attachment A. At that time, the contingency list of projects in. Kitsap County was not yet available, as the Kitsap Regional Coordinating Council (KRCC) was in the processing of reassessing their projects. A draft list of contingency projects in Kitsap County is now available, pending final approval by the KRCC Board on July 26, 2011 (included in Attachment A). This list is consistent with the contingency list previously approved by the Boards and as released for public comment. In the interests of expediting the distribution of PSRC funds to projects, this list is being included in the Executive Board action under consideration at this time. Executive Board Agenda Page 8-1 July 28, 2011 RECOMMENDED ACTION The Executive Board should approve $41.9 million in additional PSRC STP/CMAQ funds to the recommended list of contingency projects contained in Attachment A. DISCUSSION During the 2009 project selection process, a total of $106 million of PSRC's FFY 2011-2012 STP/CMAQ funds were distributed to projects. Per the 2009 Policy Framework for PSRC 's Federal Funds, the STP/CMAQ funds were split approximately 50/50 between a regional competitive process and the four countywide competitive processes. In addition, the Transportation Policy Board recommended continuing the procedure of developing prioritized contingency lists of projects to be used if additional PSRC funds were to become available prior to the next funding cycle. In July 2009 the Executive Board approved contingency lists for the regional process as well as for each of the four countywide processes. In September 2010, projects from these lists were able to be funded from higher -than -estimated FFY 2010 allocations of PSRC's federal funds, for a total of $24.8 million of STP/CMAQ funds'. At the time of the June 2011 Transportation Policy Board meeting, PSRC had not yet received the FFY 2011 STP/CMAQ allocations, but the updated contingency lists were released for public comment and approved in anticipation of additional funds becoming available. PSRC received the FFY 2011 S 1'P and CMAQ allocation notices in late June. Based on the conservative estimates used in 2009 to award and program FFY 2011 funds to projects, an additional $18.4 million of STP and $9.1 million of CMAQ is available for distribution, for a total of $27.5 million. In addition, PSRC's allocation of FFY 2010 STP funds has been increased by $9.2 million, bringing the total amount of new funds available for distribution to $36.8 million (rounded). Based on the 2009 Policy Framework for PSRC 's Federal Funds, these funds are to be split 50/50 between the regional and the countywide processes. In addition to higher than estimated allocations of FFY 2011 STP/CMAQ funds, funds are also available for redistribution from PSRC's project tracking system. Approximately $5.1 million of STP funds is being returned from six projects that either no longer needed the funds or are unable to meet obligation requirements at this time. The revised total funding amounts available for distribution are illustrated in Table A below. —2011 Distribution of New and Returned STP/CMAQ Funds -^~ Process New FY10/11 STP Returned STP Total STP Total CMAQ Grand Total Regional $12,901,821 $228,493 $13,130,314 $4,574,500 $17,704,814 King County $7,211,234 $4,748,245 $11,959,479 $2,556,832 $14,516,312 Kitsap County $1,852,995 $0 $1,852,995 n/a $1,852,995 Pierce County $3,038,312 $0 $3,038,312 $1,077,271 $4,115,582 Snohomish County $2,652,275 $85,210 $2,737,485 $940,397 $3,677,882 Total $27,656,637 $5,061,948 $32,718,585 $9,149,000 $41,867,585 * Since Kitsap County is ineligible to receive CMAQ funds, their population share is taken off the top of the total amount of STP funds available. 1 A total of $22.7 million of additional FTA funds from higher than estimated FFY 2010 allocations was also distributed at this time. In June 2011 an additional $9.2 million of FFY 2011 FTA funds was distributed. Executive Board Agenda Page 8-2 July 28, 2011 The funds in Table A are being recommended for distribution to the projects from the recently approved contingency lists as identified in Attachment A. PSRC has contacted each project sponsor to ensure that the funds are still needed, and that a milestone or phase of the project will be completed. The goal is to expedite the approval process so that funds can be made available to projects as quickly as possible. For additional information, please contact Kelly McGourty at (206) 971-3601 or krncaourty.r&psrc.o.re. Attachment A: 2011 STP/CMAQ Contingency Funding Recommendations Executive Board Agenda Page 8-3 July 28, 2011 ATTACHMENT A 2011 STP/CMAQ CONTINGENCY FUNDING RECOMMENDATIONS 413 U O c O C O O E O 0 N r to N C 0 O N 0 0 N - O O O (D o CO 0 O o o O r3 05V N (D 0 0 CO 0 U a CO 0 0 d CO CO Completes Right of Way Construction Construction: The project has a $14.7m funding gap, and by the end of 2011 the City plans to identify sources to fund the gap This may include a request for Council approval to issue bonds. The additional $1m of PSRC funds will follow the same obligation schedule as the existing $5m of PSRC funds, with a due ,date of December 2012. Construction Construction Right of Way Description Purchase right of way for three light rail stations as part of the extension of light rail from the University of Washington to Northgate Transit Center (approx 4.3 miles] Roy Street (between Aurora and Queen Anne Ave) will become a two-way street with bicycle lanes. The project includes rechannelization, traffic signs, new and modified signals, curb -bulbs on Roy from 1st to 4th; pavement reconstruction (Mercer) between Warren and 2nd, and between 4th and 5th Ave N; sidewalk reconstruction (Mercer) between 4th and 5th Ave N. This project wit replace two segments of the Puyallup River Bridge known as F16A and F16B. These two segments are 200 ft. and 600 ft. long respectively. A portion of another connecting bridge known as F22 will also be replaced. The 3 bridge segments (F16A, F168 & F22) are all connected and currently provide 3 lanes of traffic. The new structure will provide 4 lanes of traffic. Construct a new four to five lane roadway with arterial standard curb, gutter, sidewalk (including planter strips) and 5 -foot bike lanes on both sides. The project includes a new signalized intersection at 120th Avenue NE and illumination, landscaping, and storm water drainage/detention. The extension will be designed to accommodate future development and uses of the BNSF corridor. Grade separated structure using a partial lid over Southcenter Parkway, removing left turn/through conflicting movements. Roadway will be widened on Southcenter Parkway, southbound lanes depressed under a lid structure accomodating both northbound and eastbound left turns with Klickitat Drive. Sidewalks will be included on the east side of the street. New signal control, including interconnect and TSP included at the Klickitat/Southcenter Parkway connection. New signal, including interconnect and TSP, at the SB on-ramp to SR 518/I-5 from Klickitat Drive, The SR 522 Phase I, Stage 2 project improvements (57th Avenue NE — 65th Avenue NE) includes widened travel and Business Access and Transit (BAT) lanes, additional turning lanes at the key intersection, signal improvements, illumination, access management, center medians, sidewalks, drainage improvements, landscaping, and utility conversion to underground. Title North Link: Extend Light Rail from UW to Northgate Transit Center (ROW) South Lake Union/Uptown Mercer Corridor ImprovementsjWEST)_ Puyallup Bridge Re.lacement Project NE 4th St. Extension (116th to 120th Ave. NE) Tukwila Urban Center Access Project SR 522 Multimodal Corridor Improvements, Phase 1, Stage 2, 57th -65th Ave. NE 1Sponsor 1 Sound Transit 0 V) m O I- D N w 0 (0 - F- Kenmore N m 0 L -630 0 d re J 10 1- 0 0 d C 0 U C:17 c 0 E 0 0 N- r- m". M Vi a) 0 0 N N d 0 E 0 U Construction 0 0 0 0 a) a) (a C a> _Y Q T N U (0 N C N T N j a' E O U O O E a) mr O 0 c a) D a) C o a) w � 2 m N � c O U � N O � C• >) •a) a 2 _E aa) N � L — W { Z a) Redmond Way and Cleveland Street 0 0 D 0 E Et C 7 E Q 00 o o N- V' y} lf) r (H (0 co N o(0 N fR o o co- co 69 co co 0 N- di c7 Q) C N - m V .5 N up CO NU 0 a I— Completes Construction m 0 L m i2 Construction Preliminary Engineering and Construction Final Design Field survey of rights-of-way, final design engineering, and construction engineering and testing Description The project consists of construction of a BAT lane in the westbound direction,: concrete curbs, gutters, and sidewalk; retaining walls; storm drainage; water quality improvements; utility improvements; medians; street lighting and landscaping. The. SR 522 Phase I, Stage 2 project improvements (57th Avenue NE — 65th Avenue NE) includes widened travel and Business Access and Transit (BAT) lanes, additional turning lanes at the key intersection, signal improvements, illumination, access management, center medians, sidewalks, drainage improvements, landscaping, and utility conversion to underground. The project will provide for the construction of a new road, an 800 ft extension of NE 120"' Street between Slater Ave and 124th Avenue NE. The new road will provide a critical alternative route through the Totem Lake Regional Growth Center, will vastly improve traffic circulation, increase business exposure and access to surrounding areas including the Lake Washington Technical College. This multimodal Project includes bike lanes, sidewalk, and new traffic signals. The Avondale Road Intelligent Transportation System (ITS), Phase 2 project includes installation of high-speed fiber optic interconnect and optimization of traffic signals. This project will complete the fiber optic installation to Woodinville -Duvall Road, for uninterrupted interconnect between the SR ,520 ramps to Woodinville -Duvall Road. The project also includes signal controller upgrade, traffic monitoring cameras, real time travel time devices, variable message and flood warning signs on Woodinville -Duvall Road both, east and west of Avondale Road and all of the necessary software and e. uipment for a fully functioning ITS system. Design and preliminary engineering of a new pedestrian/bicycle bridge across the Green River, connecting the Tukwila Urban Center"core" to the Sounder Commuter Rail/Amtrak Station and surrounding neighborhood of transit -oriented development. The project, a pedestrian/bicycle bridge across the Green River, will form the backbone of a pedestrian corridor connecting the compact land uses and high ridership bus stop in the core of the urban center, with the Sounder Commuter Rail/Amtrak Station and its surrounding transit -oriented development. This will improve public access to the station from all parts of the center, and provide a direct, safe and enjoyable walking experience. The high level of urban level amenity will attract the types and densities of uses envisioned in a regional center. The Milwaukee Boulevard Phase II project will grind and overlay 2,600 LF of existing pavement from Ellingson Road to 3rd Avenue SE; construct 325 LF of new sidewalk along a missing "gap" on the east side of the Milwaukee Blvd from 3rd Avenue SE to 4th Avenue SE; reconstruct approximately 800 LF of failed segments of curb, gutter and sidewalk on Milwaukee Blvd from Ellingson Road to 3rd Avenue SE; replace or construct 15 access ramps to meet current requirements: and replace or reconstruct approximately 33 driveway approaches to meet current standards for accessibility. O) SR 522 Stage 2A SR 522 Multimodal Corridor Improvements, Phase 1, Stage 2, 57th -65th Ave. NE NE 120th Street Avondale ITS, Phase 2 Urban Center Pedestrian/Bicycle Bridge Milwaukee Blvd. Minor Widening Sponsor L O co Kenmore Kirkland T C 0 0 0 o y (0 y 3 H 0 - 0 co n_ C O E Q N a °' teto- O co O O) $305,000 cu U o H Cf)CO d 1- C/) Completes c 0) N N 0 Construction Construction Description The purpose of this project is to evaluate and select a dedicated transit connection between the Third'Avenue transit spine in downtown Seattle and West Seattle and other parts of southwest King County. This critical link in the priority transit network is necessary to replace the existing Columbia and Seneca Street ramps that connect Seattle's downtown street grid to the viaduct. The selection process will include working with the public to determine a pathway that addresses neighborhood needs consistent with the design of the Central Waterfront. Possible capital improvements to be implemented and/or constructed as part of the transit pathways could include ITS infrastructure, roadway repair/reconstruction as needed to carry bus loads, channelization improvements, new bus stops and passenger amenities, new signage, parking modifications, etc. As a result, this alternatives analysis will evaluate designated transit pathways to optimize transit flow and facilitate turns by improving and re-channelizing existing streets, coordinating signals, installing signs, and evaluating potential bus lanes with specific improvements within the study area. For example, if the Main and Washington Street couplet alternative (between Alaskan Way and Fourth Avenue South) is selected, an existing barrier on South Washington street would need to be removed to allow a connection through to Alaskan Way. This project will provide for on -street bicycle lanes on 100th Avenue NE from NE 124th Street to NE 132nd Street in the Juanita neighborhood of Kirkland. The new lanes will be accommodated by restriping the existing pavement, narrowing the existing auto lanes and, narrowing adjacent landscaped medians. Detector loops at traffic signals and a pedestrian crossing warning system will need to be replaced to accommodate the new lane configuration. This project will completely reconstruct and rehabilitate 1.1 miles of the West Snoqualmie Valley Road from just beyond the intersection with NE 80th Street to Ames Lake -Carnation Road NE, including minimal drainage improvements. This roadway has a thin layer of asphalt (3 inches) over little base (1 inch). This project will provide for 9 inches of base and 3 inches of roadway. A ditch wash-out is beginning to undercut the pavement that will be replaced with proper drainage structure. Title c 0 o) c L N co u5 a m c ui c 0 co m L a n , c ,— 6 100th Avenue Bike Lanes West Snoqualmie Valley Road Sponsor T c n O U O c 2 N Y 2 King County U 0 L a 0 0 m J F 0 N 7 73 > Q L O. Q iv 0 U cc a1 c m a 0 d 0 0 U Y'. Amount O 0 O c O m 0 0 O O Lo 0 0 0 O N v N o 0 0) o_ C0 m a d co Completes Construction Planning and NEPA Construction Description Stabilize approximately 200 ft of shoreline road adjacent to a 50ft high eroding feeder bluff by constructing a combined upland slope and shoreline stabilization project. Design will be selected from one of three options. For existing Port Orchard Annapolis local POF facility only, build an ADA accessible float, gangway and docking system for passenger ferries to Bremerton and Port Orchard service triangle. Improve bus terminal loading zone. Start environmental documentation, NEPA/SEPA permitting and preliminary engineering phase. Design a Tendering system to the 30% level to serve KT's Admiral Pete class fleet requirements. Construct the roundabout which will tie the intersections of Lincoln Road and Gala Way (county road) together with the intersection of Lincoln Road and Noll Road (county road at this location). The project will create a "Gateway" into the City of Poulsbo. Title Rockaway Beach Road Stabilization Annapolis Ferry Dock Parking Lot Noll Road/Lincoln Roundabout Sponsor Bainbridge Island Kitsap Transit O D J d Amount_ up m_ N fPr o o o CV 69. N 0 cn d H N Completes CC p) y m GI 0) E G N d Description Complete the final design of Phase 2, a 4,400 foot segment beginning at Old Clifton Road and terminating on the Port's southeast property boundary. Design phase will include finalizing roadway design, environmental, permitting and will bring this project to a "shovel ready" state. The Cross- SKIA Connector is an FHWA classified Rural Major Collector beginning at the revised SR3 Access Point (MP 31.48) extending southeast through the underserved portion of SKIA, terminating at Lake Flora Road. In 2010, Phase 2 received $366,275 in PSRC funding for a 30% design level of effort. Phase 1 of the Corridor, a 5,100 foot segment, received ARRA funding ($2.62M) in 2009 and has been completed. Phase I of the Plan (remainder of 2011 and 2012) will comprise: demographic analysis (including a Bainbridge Island survey), data gathering and analysis, workgroups on key transportation issues with toolbox outputs and presentations to elected officials and planning commissions throughout the County. m F Cross SKIA Connector Phase 2 Countywide Multimodal Transportation Plan 'Sponsor c o0) N E 2) m` o o 0 0 Y Amount _ [ o Inm (y co m v rn EN - 64 Vi U o O d 0 F W Completes Construction Construction Description The East Valley Resurfacing project will overlay the failing portions of East Valley Highway within the Cities of Auburn and Sumner in Pierce County from the County line to Forest Canyon . The project includes: grinding of asphalt, 4" asphalt overlay, minor improvements to roadway shoulders, and minor drainage adjustments as needed. The segment between S. 66th St. and S. 56th St. will include: replacing or constructing curb, gutter and sidewalk; providing an asphalt overlay from curb to curb; providing bus shelters at existing stops; providing ADA curb ramps; providing landscaping, street trees and streetlighting; providing a pedestrian signal. Title East Valley Highway Resurfacing S. Tacoma Way Corridor Multimodal Improvement Project Sponsor `m C E m E ° Amount 1 N N O O) '9" 69 QJ 0 O C) m 63 0, M C‘i � Vi N N 0 1- N N 69 - N IL co CZ 0 0 0 Q 0 Completes_ Construction Bus purchase Preliminary Engineering and Right of Way Construction Description The project would replace 2500 +/- linear feet of roadway, including the current configuration of two eleven ft. driving lanes w/o curbing (old, patched and cracked asphalt wearing course) and a paved walking path on one side (gravel shoulder on the other side) with a thirty two ft. wide pavement section, curbs, gutters, and sidewalks on both sides of the roadway for the full 2500 +/- ft. The proposed typical roadway section would include two, eleven ft. travel lanes, two five ft. wide bike lanes, vertical curbs, gutters and five ft. sidewalks on both sides of the roadway. Minor retaining walls (less than four ft.) would be included in select portions of the project. A new underground storm drain system is included and the existing water main under the roadway would be replaced. The project will connect existing facilities (curb/gutter/sidewalks), thereby providing a connection between the Town's Community Center and Weber Ct. Park at each end of the project. Funds will be used for clean fuel technology buses to replace existing buses that have reached the end of the useful life. The project will provide curb, gutters, planter strips, 6' sidewalks, and 5' bicycle lanes on both sides of the street (matching into existing improvements to the north and south). Storm drainage will be improved/adjusted and detention/treatment will be provided. Streetlights will be provided for safety. Transit shelters, benches, trash receptacles, and bicycle racks will be installed to support pedestrian and bicycle activity and to encourage use of the transit system within the corridor. This project is an extension of the portion of the Interurban Trail that was installed as part of the Stewart Road /8th Street Improvement project. The 12 foot wide HMA trail will be constructed from the termination of the above- mentionedtrail section (approximately 1500 feet south of Stewart Road) southeast along the western border of the Sumner Meadows Golf Links, then west over the White River via a pedestrian bridge, and then south to connect to the developer -built trail on 16th Street East. The trail will be paved, with benches and other amenities placed intermittently along its length. Title [ Lexington St/Sequalish St. Reconstruction Project Clean Fuel Technology Bus Replacements Bridgeport Way Phase 5 Im.rovements White River Trail `0 y C o n CO E 0 U @ 0 Pierce Transit University Place C C E 7 U) } z 0 0 W 0 W a -J 0 1- C OO 0 O O O O O O O 0) E u0') v 0 r) Q iN69- a) 0 d d d O CO 0) (r) 0) Completes Preliminary Engineering and Right of Way Construction Construction Description W. Marine View Dr. & Pacific Ave., Pacific Ave. & Rucker Ave., and Rucker Ave. & 41st St. The project will redirect truck traffic from the Port of Everett out of the downtown core to Rucker Avenue and south to the new 41st Street single point urban interchange at Interstate 5. The work will include signal improvements, expanded turn lanes with improved radii at key The project will replace the existing span wire traffic signal and increase turn radii at the SR-524/Scriber Lake Road intersection. Additional capacity lanes will be provided along SR -524 between SR -99 and Scriber Lake Road. Curb ramps will be upgraded to meet ADA standards. Design and construction of the replacement of the bridge structure for 240th Street SE Bridge over North Creek. N 41st St. to W. Marine Drive Freight Corridor ilmprovements SR 524 Improvements (SR 99 to Scriber Lake Road) 240th St. SE Bridge Replacement F- Sponsor Everett Lynnwood Bothell C 7 O E Q .11 c0 V N v Ee r cn (h o v rn vi. d e 7 o co a F- 0 Q 2 0 Completes instruction Design, environmental work and acquisition of right of way Description The project will expand a limited access road and construct a new three lane road connecting 172nd St. NE to 188th St. NE. Phase 1 consists of approximately 4,309 linear feet. The project will improve and widen the intersection by installing a new traffic signal and adding northbound and southbound left turn lanes on 76th Ave and a westbound right turn lane on 212th St. Additional improvements include sidewalk, curb and gutter, storm drainage, pavement, street lighting, signing and striping. d 1- Airport Boulevard, Phase 1 76th Ave. W. @ 212th St. SW Intersection O N c O L1 V) co _ 01 c Q Edmonds >- 1- Z O U O 0 0 J 1- 0 F- TOTAL $41,867,586 List of 11-07 Amendment Projects: Approved 8117111 Roxhill Elementary - Feet, Food and Fitness Project Number: SEA -163 Phase Tota Funding Source /co 0 ER Safe Routes To Schools crn § i ER Safe Routes To Schools 0 / CD CD 69. Safe Routes To Schools Construction 0 0 0 Safe Routes To Schools Construction Totals: $564,000 Improvement Type: Sidewalk Federal Aid Number: WSDOT PIN: SW 97th St. / From: SW Roxbury St MTP Reference(s): N/A MTP Status: Exempt < \\E& 042§ \ 0) / \(J\ \[/G =±_ ° u; C /§cE • 8 /\/G E u) co c a co r E §—_» 8 > .2 \ \ � 222 $2m» .8 te=a& \\/@ ®57 0C 7 ±/\® G/o/ %\= (7-) &=2 �a_0x p ct \ /jE N. 60— §EER G\%8 ±�2D 2aa$ • 0 ±5/0 u) 0) D o c� ±E(0® .r) c % \� § . 9\2EE §®? , aE= \ )£g$ o0 4_ .c )47"( 9c� /G§o2 {;of& 2m&E E /Z \g ' $ o.. «— / ®f \ ƒ/ A 0 o_ a_ Environmental Status: Regionally Significant: No Total Cost: Jurisdiction: Tukwila, Tukwila Urban Center Access Improvement Project (Klickitat Drive & Southcenter Parkway) / w Project Number: TUK-4 Phase Tota Other Funds Funding Source CD EA - CD CD $2,000,000 ƒ 2 CO Construction o )\_ o 6 \\� 0 k 0.0 to-§ to = 0 2®7 ® } \ o \z ®7. 0) a )jg 0 / CC G @ S /)/\7a § En L---3 0) 2' E 0 g©\ 0 ± w /2\® 0 °( \@; \_o \ \$& =a 2! /�.0.0 _ 02## ii ) / k 0 2-0 12 2 § ƒ\\\ LS f c. o 0')_c0_ 15 o \/// o E \ g a \ ®%2/ ,r- \ \ E\ ^f [[2 �G\} k ` ® E \\7/ u) c co > 2 ii 0_=@ 3283 Ts § CCI c e=22 &m5Y 0:5 0 ==zm 03 -0 P2\® a/#w )_\£ $)y§ 22®{ \�f` .5 0 \§®\ 0 % 8®(E t® %t�2§ ° S2\\f 22 0o=o: Ih Federal Aid Number: WSDOT PIN: 11 Functional Class: Minor Arterial - OVER 5,000 F Klickitat Drive and Southcenter Parkway MTP Reference(s): 3527 Total Cost: Washington State WA/ Department of Transportation 06-016(c) Council Approval N/A AGEN Local Agency Agreement Supplement Agency City of Tukwila Supplement Number 3 Federal Aid Project Number HPP-999(475) Agreement Number LA 6040 CFDA No. 20.205 The Local Agency desires to supplement the agreement entered into and executed on March 10 2006 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Project Description Name Tukwila Urban Access Improvement Termini Length 0.23 Description of Work ® No Change Reason for Supplement Reallocating CN funds back to PE for additional design work for the sign bridge required by WSDOT NW Region Traffic. Additional PE work is also required to complete PIFs on proprietary items used in the bid documents. Additional PE effort is required to complete minor redesign of the storm line to avoid a shared utility duct bank which cannot be relocated in a fiscally responsible manner. Revise Construction funds to segregate CM costs from actual construction. Reduce TIB grant award to reflect the final awarded amount. Revision of state forces line item to cover outstanding charges and estimated future charges. Does this change require additional Right of Way or Easements? ❑ Yes ® No Type of Work Estimate of Funding (1) PREVIOUS AGREEMENT/ SUPPLEMENT (2) SUPPLEMENT (3) ESTIMATED TOTAL PROJECT FUNDS (4) ESTIMATED AGENCY FUNDS (5) ESTIMATED FEDERAL FUNDS P.E. a. Consultant - HPP $1,564,824 $1,564,824 $1,564,824 % b. Other Consultant - STP $108,000 $108,000 $14,580 $93,420 Federal Aid c. Other State - STP $22,700 $22,700 $3,065 $19,635 d Other State - HPP $10,000 $10,000 $10,000 e Total PE Cost Est. (a thru e) $1,574,824 $130,700 $1,705,524 $17,645 $1,687,879 Right of Way f Agency $2,388,500 $2,388,500 $2,388,500 % g Other Federal Aid h Other Participation i State Ratio for RW j Total RNV Cost Est. (f thru j) $2,388,500 $2,388,500 $2,388,500 Construction k CH2MHi11/HNTB - STP (CM) $651,409 $651,409 $87,940 $563,469 I Local funds (CM) $1,543,790 $1,543,790 $1,543,790 m Other STP $3,448,208 -8782,109 $2,666,099 $359,923 $2,306,176 n Other Int & Corridor Safety $250,000 $250,000 $250,000 % o Other TIB, LID $10,819,412 -$1,601,284 $9,218,128 $9,218,128 Federal Aid p Agency $2,506,000 -$315,346 $2,190,654 $2,190,654 Participation q State $20,000 $20,000 $2,700 $17,300 Ratio for CN r Total Const. Cost Est. (k thru q) $17,043,620 -$503,540 $16,540,080 $13,403,136 $3,136,944 s.Total Project Cost Estimate (e+j+r) $21,006,944 ($372,840) $20,634,104 $15,809,281 $4,824,823 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 p ovisions. Agency Official' _ l By Title ayor DOT Form 140-041 EF Revised 1/2007 ,LaYii 241, J Ii By Wash'ngton Sta - De artment of Tragi-portation Director of Highwa s and Local Programs Date Executed JAN 1 0 2011 c t ti°6 - o? 02,161,v,46, WWashington State A;Departmentof Transportation A GEM ((-t/ (�� Local Agency Agreement Supplement Agency City of Tukwila Supplement Number 2 Federal Aid Project Number HPP-9999(475) Agreement Number LA 6040 CFDA No 20.205 (Catalog of Federal Domestic Assistance) The Local Agency desires to supplement the agreement entered into and executed on March 10, 2006 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows. Project Description Name Tukwila Urban Access Improvement Termini Length 0.23 Description of Work ® No Change Reason for Supplement Obligating funds from STP award and Intersection Safety award into Construction phase. Does this change require additional Right of Way or Easements? ❑ Yes No T e of Work yp Estimate of Funding (1) Previous Agreement/Suppl. (2) Supplement (3) Estimated Total Project Funds (4) Estimated Agency Funds (5) Estimated Federal Funds PE a. Agency 100 % b Other Consultant 1,564,824 00 1,564,824 00 1,564,824 00 c. Other Federal Aid d. State 10,000 00 10,000 00 10,000 00 Participation Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 1,574,824.00 1,574,824.00 1,574,824.00 Right of Way f Agency 0 00 2,388,500 00 2,388,500 00 2,388,500 00 0 00 % q. Other Federal Aid h. Other Participation Ratio for RW i. State j Total RNV Cost Estimate (f+g+h+i) 2.388.500.00 2.388.500.00 2.388.500 Q0 Construction k. Contract I. Other STP 3,448,208.00 3,448,208.00 465,508.00 2,982,700 00 m. Other Int & Corridor Safety 250,000 00 250,000 00 250,000.00 n. Other TIB, LID 10,819,412.00 10,819,412.00 % o Agency 2,506,000 00 2,506,000 00 2,506,000 00 Federal Aid State p 20,000 00 20,000 00 2,700 00 17,300 00 Participation Ratio for CN q. Total CN Cost Estimate (k+l+m+n+o+pt 17,043,620.00 17,043,620.00 2,974,208.00 3,250,000.00 r. Total Project Cost Estimate (e+j+q) 1.574.824 00 19.432.120.00 21.006.944.00 5.362.708.00 4.824.824.00 The Local Agency further stipulates that pursuant to said Title 23, regulations and po icies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions Agency Official Washington State D By( _ By Title Mayor DOT Form 1 Revise • 07 g-9-10 nt of Transpo,3tption Director of Highways and Local P .grams Date Executed SEP I 1 Lulu / `S )4 aj /6/iv/IL- S • Washington State Department of Transportation AGENCY Local Agency Agreement Supplement • 06-0r (0(- Agency City of Tukwila Supplement Number 1 Federal Aid Project Number HPP-9999(475) Agreement Number LA 6040 CFDA No 20.205 (Catalog of Federal Domestic Assistance) The Local Agency desires to supplement the agreement entered into and executed on March 10, 2006 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Project Description Name Tukwila Urban Access Improvement Termini Length 0.23 Description of Work ® No Change Reason for Supplement Obhgate the 2009 HPP allocation Type of Work Estimate of Funding (1) Previous Agreement/Suppl. (2) Supplement (3) Estimated Total Project Funds (4) Estimated Agency Funds (5) Estimated Federal Funds PE a. Agency 100 % b. Other Consultant 1,487,076.00 77 748.00 1,564,824 00 1,564,824 00 c. Other Federal Aid d. State Participation 10,000.00 10,000 00 10,000.00 Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 1,497,076.00 77,748.00 1,574,824.00 1,574,824.00 Right of Way f Agency % q. Other Federal Aid h. Other Participation Ratio for RW i. State j. Total RNV Cost Estimate (f+g+h+i) Construction k. Contract I. Other m. Other n. Other % o. Agency Federal Aid p. State Participation Ratio for CN q. Total CN Cost Estimate (k+l+m+n+o+p) r Total Project Cost Estimate (e+j+q) 1,497,076.00 77,748.00 1,574,824.00 1,574,824.00 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. Agency Official Byr Title Mayor DOT Form 140-041 E Revised 4/2000 31, 201 Washington State Department of TransportationBy Assistant Secretary for Highways and Locaf►rarhs Date Executed ,22 rdf0-c6%ti4-(---S ANL • • A60(0 -6/c, Washington State WA;Departmentof Transportation Agency City of Tukwila Address 6200 Southcenter Boulevard Tukwila, WA 98188 Local Agency Agreement CFDA No. 20.205 (Catalog of Federal Domestic Assistance) J+ Project No — q 619 (.4-7 e) LA 6040 Agreement No For OSC WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102, A-87 and A-133, (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal 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 Tukwila Urban Access Improvement Termini Length 0.23 Description of Work Design of a grade separated facility, primarily at the Klickitat/Southcenter Parkway intersection. Southbound traffic on Southcenter Parkway will travel under a partial lid supporting Klickitat Drive. Provisions would be made to accomodate turning movements both to and from Klickitat Drive and allow for driver selection of most appropriate route as motorists approach the Southcenter Parkway/Strander Boulevard intersection. Southcenter Parkway will be widened to the east, toward Southcenter Mall. No changes to the I-5 off -ramps are anticipated. A new signal at the Klickitat Drive/SB 1-5 On-ramp on the west side of I-5 will also be included. Type of Work Estimate of Funding (1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated Federal Funds PE a. Agency 100 % b. Other Consultant 1,487,076.00 1,487,076.00 c. Other Federal Aid d. State 10,000.00 10,000 00 Participation Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 1,497,076.00 1,497,076.00 Right of Way f Agency g. Other h. Other Federal Aid i. State Participation Ratio for RW j. Total R/W Cost Estimate (f+g+h+i) Construction k. Contract I. Other m. Other n. Other % o Agency Federal Aid Participation p. State Ratio for CN q. Total CN Cost Estimate (k+l+m+n+o+p) r Total Project Cost Estimate (e+j+q) 1,497,076.00 1,497,076.00 Agency Official Byenr tlfBy Title Mayor Washington Ste Department of Transportation DOT Form 140-039 EF Revised 01/2004 1 Assistant Secretary for Highways and Local Programs Date Executed BAR 1 2006 di' i • 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 cost (line 4 column 2) in the amount of $ at $ per month for months. Local Force or Local Ad and Award ® 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 Provisions I. Scope of Work The Agency shall provide all the work, labor materials, and services necessary to perform the project which is described and set forth in detail in the "Project Description" and "Type of Work. When the State acts for and on behalf of the Agency the State shall be deemed an agent of the Agency and shall perform the services described and indicated in "Type of Work" on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. II. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees that the State shall have the full authority to carry out this administration. The State shall review process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters conceming 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 govemment 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 Govemment 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: DOT Form 140-039 EF 2 Revised 01/2004 Resolution/Ordinance No. 1. Preliminary engineering. 2. Right of way acquisition. 3 Project construction. In the event that right of way acquisition, or actual construction of the road, for which preliminary engineering is undertaken is not started by the closing of the tenth fiscal year following the fiscal 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 conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Govemment. 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 133. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall mimimize 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 an indirect cost plan has been approved by WSDOT The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A — The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency Method B — The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C — The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27 50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA, and Office of Management and Budget Circular A 133. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). VIII. Single Audit Act The Agency as a subrecipient of federal funds, shall adhere to the federal Office of Management and Budget (OMB) Circular A-133 as well as all applicable federal and state statutes and regulations. A subrecipient who expends 5500,000 or more in federal awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provisions of OMB Circular A-133. Upon conclusion of the A 133 audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed the Assistant Secretary for Highways and Local Programs. DOT Form 140-039 EF Revised 01/2004 3 X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD The Agency will, at its own expense, maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits, whether at law or equity brought against the Agency State, or Federal Government, arising from the Agency's execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Govemment except as expressly provided herein. The Agency shall not discriminate on the basis of race, color national origin, or sex in the award and performance of any USDOT-assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal -Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Government, the above equal opportunity clause is not applicable to any agency instrumentality or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of labor (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for govemment contracts and federally assisted construction contracts pursuant to the Executive Order (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency and (c) Refer the case to the Department of Justice for appropriate legal proceedings. XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127 as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. 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 determines that such termination is in the best interests of the State. DOT Form 140-039 EF Revised 01/2004 XV Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the Superior Court for Thurston County XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form LLL, 'Disclosure Form to Report Lobbying, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed 5100,000, 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 5100,000 for each such failure. Additional Provisions 4