The URL can be used to link to this page

Home My WebLink About02-058 - WA State Department of Transportation (WSDOT) - Tukwila International Boulevard Phase I FundingWasilington State Var Department of Transportation A 02 e6g Local Agency -- �� - Supplement - Agency City ofTukwila Supplement Number 3 Federal Aid Project Number P-STPUL-TA96(097) Agreement Number LA 3404 CFDA No. 20.205 (Catalog of Federal Domestic Assistance) The Local Agency desires to supplement the agreement entered into and executed on October 30, 1996 All provisions in the basic agreement remain in effect excepas expressly modified by this supplement. The changes to the agreement are described as foliows: Project Description Name Pacific Highway South Redevelopment Termini S 138 St to S 152 St Length 5,000 Feet Description of Work El No Change Reason for Supplement Obligate NHS funds for construction phase. The LocaAgency 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 Officia By Title Mayor , /6)3 DOT Form 140-041 EF Revised 4/2000 Washington State Department of Transportation By Assis ecretary for High Date Executed and Local Programs JUL� ' �. Mw�OO�uw� �077� JUL ��OR� ��!W ��_ �� uu� Estimate of Funding Previous Agreement/Suppl. Supplement Estimated Total Project Funds Estimated Agency Funds Estimated Federal Funds PE a. Agency 86.5 Y6 Consultant b. Other 700,014.00 700,014.00 94,502.00 605,512.00 c. Other Federal Aid Participation----- State Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 8,000.00 708,014.00 8,000.00 708,014.00 1,080.00 6,920.00 95,582.00 612,432.00 Right of Way f. Agency V� Other ___ ===__ Feuano|mh. Other pamcine�nun Ratio for RW / State j. Total R/VV Cost Estimate (f+g+h+i) Construction783,463.00 k. Contract I. Other Consultant 870,000.00 870.000.00 117.450.00 5,019,967.00 752.550.00 m. Other n. Other 86.5 96 --�� n.«o*ncy Federal Aid p. State l0000V0 , � 370000 . � l378000 . � l 04Y0O ^ � 11,851.00 Participation RaUo for CN q. Total CN Cost Estimate (k+I~m~n+o+p) 6,429558.00 257,572.00 6,o87 l30.00 902,762.00 5,784,368.00 r. Total Project Cost Estimate (e+j+q) 7,137,572.00 %5757200 7,395,144.00 99834400 6396,80000 The LocaAgency 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 Officia By Title Mayor , /6)3 DOT Form 140-041 EF Revised 4/2000 Washington State Department of Transportation By Assis ecretary for High Date Executed and Local Programs JUL� ' �. Mw�OO�uw� �077� JUL ��OR� ��!W ��_ �� uu� MPWashington Statd Department of Transportation ' State Participating Agreement �n ��U�= Work by Local Agency Actual Cost Organization and Addross City of Tukwila PubliuWockaT]cnudnz0ot 63OOSouthconterBlvd.#lOO Tukwila, WA 98188 Section / Location Tukwila International Boulevard S. 152nd St. to S. 138th St. Agreement Number GCA 2352 Description of Work ACP Overlay and Associated Safety Provisions Preliminary Engineering and Construction State Routewumuv, 99 Con�m|So�ionwumbe, 1701 Region Northwest Region THIS AGREEK4EN�made and aN*�d�oth� �~ / day of nUmSTATE{ WASHINGTON, Department of Transportation, acting by and through the Seoreha/yofTnaporta ion. (hereinafter the "STATE") and the above named organization, (hereinafter the "LOCAL AGENCY"). , .bohwoen�mSTATE0F WHEREAS, the LOCAL AGENCY is planning the construction of a project as shown above, and in connection therewith, the STAT has requested that the LOCAL AGENCY perform certain work as herein described, and WHEREAS, it is deemed to be in the best interest for the STATE to include specific items of work in the LOCAL AGENCY's construction contract proposed for the above -noted project, and WHEREAS, the STATE is obligated for the cost of work described herein. NOW THEREFORE, by virtue of RCW 47.2814O and in consideration of the terms, conditions, covenants, and performances contained hnrein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: GENERAL The LOCAL AGENCY, as agent actinfor and on behaof the STATE, agrees to perform the abov"Description of Work". Plans, specifications and cost estimates shall be prepared by the LOCAL AGENCY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction, and amendments thereto, and adopted design standards, unless otherwise noted. The LOCAL AGENCY will incorporate the plans and specifications into the LOCAL AGENCY's project and thereafter advertise the resulting project for bid and, assuming bids are received and a contract is awarded, administer the contract. The LOCAL AGENCY agrees to submit plans and specifications for the described work as shown on Exhibit "B", attached hereto and by this reference made a part of this AGREEMENT, to the STATE for approval prior to advertising the project. The STATE may, if it desiresfurnish an inspector on the project. Any costs for such inspection will be borne solely by the STATE. All contact between said inthe LOCAL AGENCY's contractor shall be through the LOCAL AGENCY's representative. DOT Form 224-067 EF Revised 1/97 The STATE agrees, upon satisfactory completion of the work involved, to deliver a letter of acceptance which shall include a release and waiver of all future claims or demands of any nature resulting from the performance of the work under this AGREEMENT. |� PAYMENT The STATE, in consideration of the faithful performance of the work to be done by the LOCAL AGENCY, agrees to reimburse the LOCAL AGENCY for the actual direct and related indirect cost of the work. An itemized estimate of cost for work to be performed by the LOCAL AGENCY at the STATE's expense is marked Exhibit "A", and is attached hereto and by this reference made a part of this AGREEMENT. Partial payments shall be made by the STATE, upon request of the LOCAL AGENCY, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constituto agreement as to the appropriateness of any item and that, at the time of the final audit, all roquired adjustments will be made and reflected in a final payment. The LOCAL AGENCY agrees to submit a final bifl to the STAT within forty-five (45) days after the LOCAL AGENCY has completed the work. U| DELETION OF WORK In the event the estimate of cost, Exhibit "A", is in excess of $ 10,000 and the total actual bid prices for the work covered by this AGREEMENT exceeds the estimate of cost by more than 15 percent, the STATE shafl have the option of directing the LOCAL AGENCY to delete all or a portion of the work covered by this AGREEMENT from the LOCAL AGENCY's contrac. Exue|t, that this provision shall be nult and void if the STATE's portion of the work exceeds 20 percent of the actuat total contract bid price. The STATE shafl have five (5) workingdays from the date of written notification to inform the LOCAAGENCY to delete the work. Should the STATE exercise ts option to delete work, the STATE agrees, upon biHing by the LOCAL AGENCY, to reimburse the LOCAL AGENCY for preliminary engineering costs incurred by the LOCAL AGENCY to include the work covered by this AGREEMENT in the LOCAL AGENCY's contract. IV EXTRA WORK In the event unforeseen conditions require an ncrease in the cost of 25 percent or more from that agreed to on Exhibit "A", this AGREEMENT will be modified by supplementat AGREEMENT covering said increase. In the event it is determined tha of work contained in this AGREEMENT is required, approval must be secured from the STATE prior to the beginning of such work. Where the change is substantial, written approval must be secured. Rembursement for increasedwork and/or a substant[aI change in the description of worshall be Iimited to costs covered by a written modification, change order or extra work order approved by the STATE. V RIGHT OF ENTRY The STATE hereby grants and conveys to the LOCAL AGENCY the right of entry upon alt land which the STATE has interest, within or adjacent to the right of way of the highway, for the purpose of constructing said improvements. Upon completion of the work outtined herein, alt future operation and maintenance of the STATE's facilities shall be at the sole cost of the STATE and without expense to the LOCAL AGENCY. VI LEGAL RELATIONS No Ilability shall attach to the LOCAL AGENCY or the STATE by reason of entering into this agreement except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. LOCAL AGENCY By [ Title Date � STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION D Title - DOT Form 224-067 EF Exhibit "A" Estimate of Cost Item Subtotal Sales Tax (8.8%) Construction Engineering & Contingencies @ 17% Construction Subtotal Preliminary Engineering (10% of CN) Total Construction & Engineering Indirect Cost (0H00013 Active) $425,953 $37,484 $78,784 $542,222 $54,222 $596,444 $0 TOTAL AGREEMENT ESTIMATE $596,444 ITEM DETAILS Item 2. Traffic Control Temp. Traffic Control Devices Traffic Control Supervisor Traffic Control Labor Sequential Arrow Sign Class A Construction Signs Traffic Control Vehicle Total Qty Unit Unit Price Total 1 LS $10,000.00 $10,000 240 Hour $40.00 $9,600 600 Hour $35.00 $21,000 240 Hour $8.00 $1,920 400 SF $15.00 $6,000 30 Day $60.00 $1,800 $50,320 Item 6. Site Prep Items Qty Unit Unit Price Total Removing Type C Block Curb 436 LF $4.00 $1,744 Removing Type A Block Curb 889 LF $4.00 $3,556 Removing Traffic Island 1950 SF $6.50 $12,675 Total $17,975 ExhA.02.xls 1 of 2 GCA 2352 ItemJnit 1 Mobilization 1 LS $42,595 $42,595 2 Traffic Control 1 Est. $50,320.00 $50,320 3 ACP Class A 4091 Ton $40.00 $163,640 4 Prelevel ACP Class A 1539 Ton $35.00 $53,865 5 Planing Bituminous Pavement 1007 SY $5.00 $5,035 6 Site Preparation Items 1 Est. $17,975.00 $17,975 7 Safety Restoration 1 Est. $72,523.00 $72,523 8 Pavement Repair (Crack Sealing) 1 Est. $20,000.00 $20,000 Item Subtotal Sales Tax (8.8%) Construction Engineering & Contingencies @ 17% Construction Subtotal Preliminary Engineering (10% of CN) Total Construction & Engineering Indirect Cost (0H00013 Active) $425,953 $37,484 $78,784 $542,222 $54,222 $596,444 $0 TOTAL AGREEMENT ESTIMATE $596,444 ITEM DETAILS Item 2. Traffic Control Temp. Traffic Control Devices Traffic Control Supervisor Traffic Control Labor Sequential Arrow Sign Class A Construction Signs Traffic Control Vehicle Total Qty Unit Unit Price Total 1 LS $10,000.00 $10,000 240 Hour $40.00 $9,600 600 Hour $35.00 $21,000 240 Hour $8.00 $1,920 400 SF $15.00 $6,000 30 Day $60.00 $1,800 $50,320 Item 6. Site Prep Items Qty Unit Unit Price Total Removing Type C Block Curb 436 LF $4.00 $1,744 Removing Type A Block Curb 889 LF $4.00 $3,556 Removing Traffic Island 1950 SF $6.50 $12,675 Total $17,975 ExhA.02.xls 1 of 2 GCA 2352 Exhibit "A" Estimate of Cost Item 7. Safety Restoration Concrete Barrier Curb Extruded Curb Type C Block Curb Adjust Monument Adjust Valve Box Adjust Water Meter Box Temp. Pvmt. Markings Type 1 Lane Markers Type 2 Lane Markers Paint Stripe Plastic Gore Stripe Plastic Crosswalk Plastic Stop Line Plastic Arrow Traffic Loops TOTAL ExhA.02.xls 2 of 2 Qty Unit 889 LF 534 LF 436 LF 2 EA 53 EA 10 EA 30,000 LF 8 Hund 3 Hund 8896 LF 1760 LF 1472 SF 400 LF 41 EA 45 EA Unit Price $11.00 $5.00 $10.00 $250.00 $130.00 $250.00 $0.25 $300.00 $500.00 $0.30 $3.00 $1.60 $2.50 $70.00 $450.00 Total $9,779 $2,670 $4,360 $500 $6,890 $2,500 $7,500 $2,400 $1,500 $2,669 $5,280 $2,355 $1,000 $2,870 $20,250 $72,523 GCA 2352 Exhibit "B" Description of Work City Project: The City of Tukwila proposes to reconstruct and improve SR 99 from S. 138th St. to S. 152nd St. to provide curbs, gutters, sidewalks, drainage, landscaping, asphalt concrete pavement overlay, signing, illumination, traffic signal modifications and interconnect, and relocation of overhead utilities underground. Scope of State Participation: The STATE agrees to participate in the CITY's project by providing funding for the rehabilitation of the existing pavement section of SR 99. This funding will include preliminary engineering and construction costs for the asphalt concrete pavement overlay and associated work as itemized by Exhibit "A." The following assumptions were made in the preparation of Exhibit "A": 1. Overlay existing roadway with 0.17 ft. ACP. The estimated quantity is based on a total width varying from 62-75 feet. 2. Prelevel ACP at 300 tons per lane -mile. 3. Grind (Planing) along curb lines, beginning and end of paving and through intersections. 4. Safety Restoration consists of the following: a. Remove and replace delineation, traffic islands and curbs within the existing roadway prism. b. Adjust features (CB's, MH's, etc.) affected by the overlay. c. Replace traffic loops within the existing roadway prism. 5. Pavement Repair consists of crack sealing in accordance with Section 5- 04.3(5)C of the Standard Specifications. 6. Traffic Control includes labor, vehicles, and equipment. 7. Mobilization is 10% of the subtotal of items. 8. Engineering and Contingencies is 17% of the Construction Cost plus sales tax. 9. Preliminary Engineering is 10% of the total Construction Cost, sales tax, and Engineering and Contingencies. ExhibitB.doc Page 1 of 3 GCA 2352 S 124 St S126t S 133 S S 13 S 135 St ti S 136 St P r. y ti S 137 cn b �7 m Foster Golf Course S 13 6 S St S S�� v_ S 142 S S 144 St S 144 St S 146 S S 146 St S 148 S —1S 150 St S S 149 St S 15 0 St S 150 S S 152 St S 152 St S 154 St Project Locati S 156 St St 60 S co, S 164 St City of Tukwila Strange GCA 2352 EXHIBIT "B" xt SHEET 2 OF 3 Pacific Highway South S 138 St to S 152 St 1908 February 8, 2000 Vicinity Map R/W eL 50' TYPICAL R/W 50' TYPICAL 1 62' i 1 VARIES 24-37 VARIES 25' - 38' 05 12' SEE PLAN 1 SEE MEDIAN SEE PLAN ISLAND DETAIL, SHEET 05 1 1 1 1 E Xi S TING PAVEMENT ROADWAY SECTION MATCH EXIST, 0.5' 12' 2X (1' SEE BUS PULL -OUT SECTION FOR PAV'T DEPTH AND SIDEWALK WIDTH STA 10+78 TO STA 13+17 MATERIALS ASPHALT CONCRETE PAVEMENT CLASS A, OVERLAY 0 ASPHALT CONCRETE PAVEMENT CLASS A 0 ASPHALT TREATED BASE (:) COMPACTED SUBG RADE 0 GEOTEXTILE REINFORCEMENT (:) CEMENT CONCRETE CURB ANO CUTTER () COMPACTED GRAVEL BORROW 0 CEMENT CONCRETE SIDEWALK 4" THICK CRUSHED SURFACING TOP COURSE GCA 2352 EXHIBIT "B" SHEET 3 OF 3 TUKWILA INTERNATIONAL BOULEVARD (S. 138th St. to S. 152nd St) VARIES A(ikNCY cue 11,74; Washington State Department of Transportation G o Local Agency Agreement Supplement Agency City of Tukwila Federal Aid Project Number P-STPUL-TA96(097) Agreement Number LA 3404 Supplement Number 2 CFDA No. 20.205 (Catalog of Federal Domestic Assistance) The Local Agency desires to supplement the agreement entered into and executed on October 30, 1996 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 Pacific Highway South Redevelopment Termini S 138 St to S 152 St Description of Work No Change Reason for Supplement Obligate construction funding. Increase in PE to cover costs for: chaI]naLization, uri ivirottrBltal Length 5000 Feet Type of Work (1) Previous Agreement/Suppl. Estimate of Funding (2) (3) (4) Sulement Estimated Total Estimated'Agency pp . Project Funds Funds (5) Estimated Federal Funds PE a. Agency 86.5 % bOther Consultant . c. Other Federal Aid dState . Participation Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 459,414,00- 8.000.00 467,414.00 240,600.00 240,600.00 700,014.00 8,000.00 708,014.00 94,502.00 1,080.00 95,582.00 605.512.00 6.920.00 612,432.00 Right of Way f. Agency 0 % g. Other Consultant Federal Aid h. Other Participation Ratio for RW i. State j. Total R/W Cost Estimate (f+g+h+i) Construction k. Contract I. Other m. Other n. Other 86.5 % o. Agency Federal Aid Participation p. State Ratio for CN q. Total CN Cost Estimate (k+I+m+n+o+p) 5.549,558.00 870.000.00 10.000.00 6,429,558.00 5,549,558.00 870,000.00 10.000.00 6,429,558.00 749,190.00 1 1 7,450.00 1,350.00 867,990.00 4.800.368.00 752.550.00 8.650.00 5,561,568.00 i r. Total Project Cost Estimate (e++g) 467,414.00 6,670,158.00 7,137,572.00 963,572.00 6,174,000.00 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 Washington State Department of Transportation By ( 1/ I , By Title Mayor V\ DOT Form 140-041 EF Revised 4/2000 Assistant Secretary for Highways and Local Programs Date Executed MAY 1 4 2002 aWashingtonState '041I Department of sportation Agency Address City of Tukwila Local Agency Agreement Dept. of Public Works 6300 Southcenter Blvr9 Tukwila, WA 98188 Project No. ?"- 7 Agreement No. _ 3404 For Headquarters 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 and A-128, (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 Departrnent 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 s, 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 Pacific Highway South Redevelopment Name Termini S 142 Street to S 152 Street Length 3,500 Feet Description of Work The existing roadway will be widened and overlayed to provide two through lanes in each direction, left and right turn lanes at intersections, a center two way turn lane, and parking with bus pullouts. Other improvements include curb and gutter, sidewlaks, curb ramps, drainage, landscaping, overhead utility undergrounding, traffic signal modifications and interconnect. This project will provide PS&E for Pacific Highway from S 142 St to S 152 St and construction from S 142 St to S 148 St. Federal participation in construction engineering (q) is limited to 15 percent of the total contract costs (line m, column 3). c."- 2' 5 The federal aid participation rate in this project will be determined by the Federal Government. The parties expect that it will be 86-5 percent; however, it is understood that the rate may vary. The Local Agency agrees that this agreement is entered into without relying upon any representation by the state made outside of this contract, or contained herein, as to what the federal participation rate will be. It further agrees that it will not condition any future actions with respect to the project covered by this agreement upon past, current, or future representations as to the federal participation rate. The dollar amount of federal participation cannot exceed the amount shown in line s, column 3. All costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. DOTF0"140-039 Revised 8/95 Type of Work Estimate of Funding (1) EstimatedTotal Project Funds W Estimated Agency Funds (3) Estimated FederalFunds PE a. Agency work b. Other Consultant 295,266 3,000 39,861 405 255,405 2,595 c. State services d. Total PE cost estimate (a+b+c) 298,266 40,266 258,000 Right of Way e. Agency work f. Other • g. State services h. Total R/W cost estimate (e-i-f+g) 0 Construction i. Contract j. Other, .f..4.9.0.2.$27 1,490,827 ...:•;". 201 262 "• ..... —0.— , 1,565 '"/201 262 ... 1,289,565 1,289, k. Other I. Other m. Total contract costs (i+j+k+1) arnstruction Engineering n. Agency o. Other Criniiit-ani- ,,, 220, . 000 „„„ )....29,.784 405 - „ „, 1904.840 2,595 p. State forces q. Total construction engineering (n+o+p) r. Total construction cost Estimate (m+q) 423,624 30,189 13,435 (,/ 1,714,451 230,451 1,483,0 s. Total cost estimate of the project (d+h+r) 14'462-770T71-7 -1-r74174:400- Federal participation in construction engineering (q) is limited to 15 percent of the total contract costs (line m, column 3). c."- 2' 5 The federal aid participation rate in this project will be determined by the Federal Government. The parties expect that it will be 86-5 percent; however, it is understood that the rate may vary. The Local Agency agrees that this agreement is entered into without relying upon any representation by the state made outside of this contract, or contained herein, as to what the federal participation rate will be. It further agrees that it will not condition any future actions with respect to the project covered by this agreement upon past, current, or future representations as to the federal participation rate. The dollar amount of federal participation cannot exceed the amount shown in line s, column 3. All costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. DOTF0"140-039 Revised 8/95 Construction Method of Financing (check method selected) State Ad and Award O Method A — Advance Payment — Agency share of total construction cost (based on contract award) O 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 fi> 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 19 , Resolution/Ordinance No. Agency Official Provisions • 1. 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 Administra tion. 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. 11. 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. 111. 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 incus zed 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 procedures prescribed by the Division of Municipal Corporations of the 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 DOT Form 140.039 Revised 8/95 2 Washington State Department of Transportation By U 1 Assistant Secretary for TransAid OCT 3 0 1996 Date Executed 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 up to and including approval. 2. Preparation of plans, specifications, and estimates. 3. Right of way acquisition. 4. 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 VIII). The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accord with the Intermodal Surface Transportation Efficiency Act 1991, Title 23, United States Code, as amended, and Office of Management and Budget circulars A-102 and A-128. 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. 1. Preliminary Engineering, Right of Way Acquisition, and Audit Costs The Agency will pay for Agency incurred costs on the project. Following such payments, vouchers shall be submitted to the State in the format prescribed by the State, in quadruplicate, not more than one per month. The State will reimburse the Agency up to the amount shown on the face of this agreement for those costs eligible for federal participation to the extent that such costs are directly attribut- able and properly allocable to this project. Expenditures by the Local Agency for the establishment, maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation. 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 VIII). 2. 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 quadruplicate, 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 the establishment, maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation. 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 VIII). VII. Audit of Federal Aid Project 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 Directive D27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and Office of Management and Budget Circular A-128. 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 VIII). VIII. 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 DOT Form 140-039 Revised 8/95 3 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 Assistant Secretary for TransAid. IX. 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. X. 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. No liability shall attach to the State or Federal Govenunent except as expressly provided herein. XI. Nondiscrimination Provision 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 at 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 following equal opportunity clause: "DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES AS FOLLOWS:" (a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Agency advising the said labor union or workers' representative of the contractor's commitments under this Section 11-2 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules and regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Federal Highway Administration and the Secretary of Labor fcir purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The contractor will include the provisions of this Section 11-2 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Agency, Washington State Department of Transportation, or Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor, he may request the United States to enter into such litigation to protect the interests of the United States. 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 prirnary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order, 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (h) 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. XII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 630, Subpart 305, as supplemented, relative DOT Form 140-039 Revised 8/95 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. XIII. Termination for Public Convenience The Secretary of the Washington State Departrnent 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 perrnanent 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 terrnination is in the best interests of the State. XIV. 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. XV. 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 Forrn-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 S100,000, 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, US. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Additional Provisions 4