HomeMy WebLinkAbout23-026 - Washington State Department of Transportation - Grant Agreement: South King County Transportation Demand Management (TDM) Outreach411166.
Wif;De m .-. t of Transportation
Washington State
Agency City of Tukwila
Address 6300 Southcenter Blvd, Ste 100
Tukwila WA 98188
23-026
Council Approval 11/21/22
Local Agency Agreement
CFDA No. 20.205 - Highway
Construction
Planning and Constrtr
uction
(Catalog of Federal Domestic Assistance)
Project No. C.M...132 (0 )7)
Agreement No. L.fit S 3S
ForWSDOT 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) 2 CFR Part 200, (4) 2 CFR Part 180 – certifying that the local agency is not
excluded from receiving Federal funds by a Federal suspension or debarment, (5) the policies and procedures promulgated by the
Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the State 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 South King County TDM
Termini N/A
Description of Work
This project will provide TDM programming and services at selected activity centers in Tukwila and partnering South King County
jurisdictions. Activity centers include community hubs, commercial areas, business parks. multifamily housing complexes, and
educational institutions
Length N/A
Project Agreement End Date 12/31/26
Proposed Advertisement Date
Type of Work
a Agency_
0
86.5 h other
Federal Aid c. Other
Participation d. State Services
Ratiofor PE....................................................................................
e. Total PE Cost Estimate fa+b+c,d1
aY f. Aaencv
g. Other
Federal Aid
Participations
Ratio for RW j. State Services_
Claiming Indirect Cost Rate
r1 Yes ✓ No
Estimate of Frnrl
(1) (2) "
Estimated Total Estimated Agency
Project Funds Funds
i. Total R/W Cost Estimate ff+a+t►+i
Construction
WW._WWWWWW WWWWWWW__ _.....WW WW_
k
I. Other
m. Other
Federal Aid n. Other
.......................
Participation o..ITAaencv . ..
Ratio for CN ..�...�..c.... I....
n. State Seiv ces
o. Total CN Cost Estimate rk41+m+n+9+n1
r Total Prniert Cost Fstimate ra+i+n1�
Ageoy Dffi l ,.,,, � ;
NG KLS
By ' G!Q,r2 6),66eirg
Title Mayor, City of Tukwila
Agency Date 03-01-2023
DOT Form 140-039
Revised 04/2022
519,731.00 70,164.00
501.00 68.00
520,232.00
70,232.0[100
0.00
0.00
0.00
0.00
520,232.00 70,232.00
(31
Estimated Federal
Funds
449, 567.00mmmmmm-�
433.00
450,000.[0
0.00
0.00
450,000.00
Washington State Department of Transportation
By Stephanie Digitally signed by
Stephanie Tax
Director, Local Programs —Date: 2023.03.14
ax
Date Executed 15:13:28 -07'00'
Page 1
Construction Method of Financing (Check Method Selected)
State Ad and Award
Method A- Advance Payment - Agency Share of total construction cost (based on contract award)
Method B - Wthhold from gas taxtheAgency's share of total construction coast (line 5, column 2) in
the amount of
� 8t$ per month for months.
Local Force or Local Ad and Award
v/
Method C - Agency cost incurred with partial reimbursement
The Local Agency further stipulates that pursuarit to said Title 23, regulations and policies and
procedures, and as a condition to payment of the federal funds obligated, it accepts and will
comply with the applicable provisions set forth below. Adopted by official action on
. Resolution/Ordinance NO.
Provisions
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 Administration,
When the State acts for the Agency but is not subject to the right of control bythe Agency, the State shall have the right to perform
the work subject to the ordinary procedures of the State and Federal Highway Administration.
||. Delegation mfAuthority
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,
|||. 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 ofWork 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
nd cost incurred hy State forces upon the project will he considered ost thereof. All costs reIted to this project ineurred hy
employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs ofthe project.
IV. Availability of Records
All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance
with local government accounting procedures prescribed by the VVashington State Auditor's Office, the U.S. Department of
Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and
Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than
three years from the final payment of any federal aid funds to the Agency, Copies of said records shall be furnished to the State and/or
Federal Government upon request.
V. Compliancewith Provisions
The Agency shall not incur any federal aid participation costs on any classification ofwork on this project until authorized in writing
by the State for each classification. The classifications of work for projects are:
1, Preliminary engineering.
2. Right of way acquisition.
3, Project construction,
Once written authorization is given, the Agency agrees to show continuous progress through monthly billings, Failure to show
continuous progress may result the Agency's project becoming inactive, as described in 23 CFR 630, and subject to de -obligation of
federal aid funds and/or agreement closure.
If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the
close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to
the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX),
If actual construction ofthe road forwhich right ofway has been purchased is not started bythe close of thetenth fiscal year
following the fiscal year in which the right of way phase was authorized, the Agency will repay to the State the sum or sums of federal
DOT Form 140-039 Page 2
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 Ieast the minimum values set by approved statewide design standards applicable to this class of highways,
even though such additional work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated
damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete
the contract within the contract time,
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency
and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part
200, The State shall not be ultimately responsible for any of the costs of the project, The Agency shall be ultimately responsible for all
costs associated with the project which are not reimbursed by the Federal Government, Nothing in this agreement, shall be construed as
opromise bythe State oatuthe amount or nature of federal participation in this project,
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws, The agency
shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the
Local Agency for maintenonoe, general administration, supervision, and other overhead shall not be eligible fDr federal participation
unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin
Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit,
The State will pay for State incurred costs on the project, Following payment, the State shall bill the Federal Government for
reimbursement ofthose costs eligible for federal participation tothe 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
Sectiun|X),
1. Project Construction Costs
Project construction financing will he 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 ofthe 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. Mien 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 he cleared by
either a payment from theAgencytothe State or by a refund from the StatetotheAgency.
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 tobewithheld each month, The extent ofwithholding will beconfirmed by letter fromthe State at thetime 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 ofsuch 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 participaiion 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 hill 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 tuthe Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX),
Vil. 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 VVSDOT 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; VVSDOT Manual
M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between VVSDOT and
FH\0A;and 2CFR Part 2DO.5D1-Audit Requirements.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall
reimburse the State for the amount of such overpayment or excess participation (see Section IX).
VIII. Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200,501 as well as all
applicable federal and state statutes and regulations, A subrecipient who expends $750,000 or more in federal awards from all sources
during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provisions of 2
CFR Part 200,501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted
DOT Form 140-039 Page 3
Revised 04/2022
promptly to the State,
IX. Payment of BiIIing
The Agency agrees that if payment or arrangemenfor payment of any of the States billing relative to the project (eg., State e force
work, project cancellation, overpayment, cosineligible for federal participation, etc.) is not made to the State within 45 days after
the Agency has been billed, the State shall effecreimbursement of the total sum due from the regular monthly fuel tax allotments to
the Agency from the Motor Vehicle Fund, No additional Federal project funding will be approved until full payment is received unless
otherwise directed by the Director, Local Programs.
Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200,309),
Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement, All eligible costs incurred prior
tothe Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they
become ineligible for federal reimbursement,
X. 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 Iaw 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 Government except as expressly provided herein,
The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-
assistedcontractond/ora0reument,orintheadminiehationofiteDBEpmgramortherequirementeof4&CFR Part 2O,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 ofthis program is 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
18U,S.C.1DU1and/or the Program Fraud Civil Remedies Act of1&8O(31U,S,C.38O1eteeq.),
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 Laborin 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, urguarantee orunderstanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee,
the required contract provisions for Federal -Aid Contracts (FH\NA 1273)'located inChapter 44ofthe 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,
TheAgency 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 fronn entering into any contract or contract modification subject toExecutive Order 1124OofSeptember 24'1AD6.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 HighwayAdministration, or the Secretary of Labor pursuant toPart II, subpart Dofthe
Executive Order,
In addition,theAgency agrees that ifhfails orrefuses tocomply with these undertakings, the State may take any orall ofthe
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
DOT Form 140-039 Page 4
(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 is notified by the Federal Highway Administration that the project is inactive,
(5) the Secretary determines that such termination is in the best interests of the State.
XV. Venue for Claims and/or Causes of Action
For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency
has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the
Superior Court for Thurston County,
XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
The approving authority certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit the Standard Form - 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 $100,000, and that all such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.
Code, Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure,
XVII. Assurances
Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration,
Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency
Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with
Section 504 and the Americans with Disabilities Act (ADA).
Additional Provisions
DOT Form 140-039 Page 5
Revised 04/2022