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HomeMy WebLinkAbout21-100 - Washington State Department of Transportation - Grant Agreement: 42nd Ave S Bridge Replacement Project21-100(b) Washington State Council Approval N/A TV Department of Transportation Local Agency Agreement Supplement Agency _ Supplement Number City of Tukwila 2 ....... Poect_urberAgreeni�t Number ALN, - ay _..--. Planning STPUL-HLP-1037(004) LA10118 and Construction All provisions in the basic agreement remain in effect except as modified by this supplement. The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment (2 CFR Part 180). Additional changes to the agreement are as follows: Project Description Name 42nd Ave. S Bridge Replacement Length 0.1 mile Termini Interurban Ave. S. to Northern end of bridge Description of Work ✓ No Change Reason for Supplement Replace all PE phase state funds with federal funds. Indirect Cost Rate ❑ Yes ✓ No Project Agreement End Date 12/31/2026 Advertisement Date �(1) _ ... Estimate of Fuundng ...... Type of Work (2) (3) (4) (5) _ ._ Previous Supplement Estimated Total Estimated A enc g Y Estimated Federal A reement/Su I. Project Funds Funds Funds P_ a. A enc �? L: t B.Pif.h 0.00 b. Other0.00 Federal _..._ Aim �.... c Other.... 0.00 Participation ......-_ ..... . .- - 0.00 Ratios) for PE d. St@J@_Sgrvi ..._ ....... 0.00 0.00 0.00 0.00 0.00 Right of Way f. Agency 0.00 th r 0.00 edera Aid h kh r 0.00 Participation Ratio(s) for RW i• State Services 0.00 MaLRI.W Cost Estimata J 0.00 0.00 0.00 0.00 0.00 Construction k. Contramct�,IT_ITITITIT_ww 0.00 Federal Aid m. Other 0.00 Participation n Other 0.00 Ratio(s) for CN - o. Agency 0.00 p Staig_S..prvi es 0.00 Total CN Cost Estimate 0.00 0.00 0.00 0.00 0.00 Total Proiect_Cost Estimate 0.00 0.00 1 0.00 0.00 0.00 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 y "�"���� ligitally signori by �1A.e,as ke4 By Stephanie Stephanie Tax Tit Director„ Local ProgramsDaM 2025.06.02 Agency Date 5/21/2025 1 1:13 PM PDT Date Executed Tax X6:56:39-02'00' DOT Form 140-041 LP Revised 12/2024 Pagel a Previous Versions Obsolete 9 Agency Supplement Number City of Tukwila 2 Project Number Agreement Number ALN 20.205 - Highway Planning STPUL-HLP-1037(004) LAI 0118 and Construction VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin. Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 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 2 CFR Part 200.501 -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. 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 by the Director, Local Programs. Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they become ineligible for federal reimbursement. 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 $1,000,000 or more in federal awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. 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). DOT Form 140-041 LP Revised 12/2024 Page 2 • Previous Versions Obsolete • idak Washington State Dopartnnant of 4rwwport, D Attachment A Federal Aid Number: STPUL-HLP 1037(004) Agreement Number: LA 10118 Agency: City of Tukwila Project Title : 42nd Ave. S. Bridge Replacement Supplement Number: 2 Type of Work Estimate of Funding (1) (2) (3) (4) Previous Agreement / Supplement Estimated State/Agency Funds Supplement Estimated Total Project Funds (5) Estimated Federal Funds P.E. STP 86.5% BR 100% Federal Aid Participation Ratio for PE a. b. c. d. e. f. g. h. i. Agency (STP -UL) Agency (Local) Consultant (STP -UL) Consultant(MAWA) Consultant (BR) State Services (MAWA) State Services (BR) State Services (Local) Total PE Cost Est. (a thru h) $57,803.00 $57,803.00 $7,803.00 $50,000.00 $785,009.00 $785.009.00 $785,009.00 $1,676,301.00 $1,676,301.00 $226,301.00 $1,450,000.00 $1,386,694.00 $1,386,694.00 $0.00 $1,386,694.00 $1,386,694.00 $1,386,694.00 $14,000.00 ($14,000.00) $0.00 $14.000.00 $14,000.00 $14,000.00 $17000.00 $1,000.00 $1,000.00 $3,920,807.00 $0.00 $3,920,807.00 $1,020,113.00 $2,900,694.00 Right of Way Federal Aid Participation Ratio for RW j. k. I. m. n. Agency Other Other State Services Total RM Cost Est. (j thru m) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Construction Federal Aid Participation Ratio for CN o. p. q. r. s. L u. v. w. x. Contract Contract Consultant Consultant Other Other Agency Agency State Services Total CN Const. Cost Est. (o thru w) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 y. Total Project Cost Estimate (i+n+x) $3,920,807.00 $0.00 $3,920,807.00 $1,020,113.00 $2,900,694.00 21-100(a) Adft Council Approval 11 /4/24 MWashington State A POO Department of Transportation Local Agency Agreement Supplement Agency Supplement Number City of Tukwila 1 Project Number Agreement Number ALN. 20.205 - Highway Planning STPUL-1037(004) LA 10118 and Construction All provisions in the basic agreement remain in effect except as modified by this supplement. The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment (2 CFR Part 180). Additional changes to the agreement are as follows: Project Description Name 42nd Ave. S Bridge Replacement Length 0.1 mile Termini Interurban Ave. S. to Northern end of bridge Description of Work ✓ No Change Reason for Supplement Transfer CN phase MAWA funds to PE phase consultant expenses. Increase PE phase State Services using CN phase MAWA funds. Indirect Cost Rate [—]Yes ✓ No Project Agreement End Date 12/31/2026 Advertisement Date w _............ Estimate _.... of Funding Type of Work (1) (2) (3) (4) (5) Previous Supplement Estimated Total Estimated Agency Estimated Federal A reement/Su I. Proiect Funds Funds Funds PE a. Agency STP -UL $ 57,803.00 $ 57,803.00 $ 7,803.00 $50,000.00 86.5 % b. Consultant (STP -UL $ 1,676,301.00 $ 1,676,301.00 $ 226,301.00 $ 1,450,000.00 c. Agency (Local) $ 785,009.00 $ 785,009.00 $ 785,009.00 Federal Aid Consultant (MAWA) $ 1,386,694.00 $ 1,386,694.00 $ 1,386,694.00 Participation_ .............................. Ratio(s) for PE a f State Services (MAWA) $ 14,000.0 i 0 $ 14,000.00 $ 14,000.00 State _Services ..(m ocal!_mm .m.m. $ 1,000.00 ............._.� $ 1,000.00 $1,000.00 h Twal PE got Eati!pat§$ 2,520,113.00 $ 1,400,694.00 $ 3,920,807.00 .................. $ 2,420,807.00 $ 1,500,000.00 RW i. Agency Consultant FederalAid ... ............._..........._. _ ........... ..__-_ Participation l °- Ratio(s) for RW m n State Sery1ces $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 DOT Form 140-041 Revised 09/2024 Page 1 9 Previous Versions Obsolete CN p. Contract. Federal Aid r, Participation Ratio(s) for CN ...._.......... __ _........ t. u. v. Consultant w. A n x. State Services . T t N E im $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 z.. Total Pro ect Cask Estimate _ $ 2,520,113.00 $ 1,400,694.0 $ 3,920,807.00 $ 2,420,807.0 $$ 1,500,000.00 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 neb ° {[)II)INIfly Signed by ,y �(C,s �i�.cCd BY Stephanie 5ri,�p r. ' T'itlax e y5 'a°"""` Director, Local Programs Dat 2025MW Agency Date 12/27/2024 1 3: 59 PM PST Date Executed Tax M2 5.15 -08'00' DOT Form 140-041 Revised 09/2024 Page 2 • Previous Versions Obsolete e Agency -............ Supp el ment Number.._W.._ City of Tukwila 1 Project Number 1 9 ALN 20.205 -Highway Planning A reement Number STPUL-1037(004) LA 10118 and Construction VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin. Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 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 2 CFR Part 200.501 -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. 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 by the Director, Local Programs. Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they become ineligible for federal reimbursement. 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 promptly to the State. XVII. Assurances Local Agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Avlatlon Adminlstratlon) 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). DOT Form 140-041 Revised 09/2024 Page 3 s Previous Versions Obsolete Adft WrWashington State AfF Department of Transportation Agency City of Tukwila Address 6300 Southcenter Blvd Ste 100 Tukwila, WA 98188 21-100 Council Approval 6/28/21 CFDA No. 20.205 (Catalog or Federal Domestic Assistance) Project No. S7`PUL-1037(004) Agreement No. A 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) 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 42nd Ave S Bridge Replacement Termini From Interurban Ave S to the northern end of bridge Description of Work Length 0.1 Miles Replace the existing 42nd Ave S steel truss bridge. The replacement will require preliminary engineer design, right-of-way, and construction phases. The new structure will meet current road and bridge design standards. The replacement structure configuration will be two throughlanes, possibly a turn pocket, and include sidewalks. Project Agreement End Date 12/31/2026 Claiming Indirect Cost Rate Proposed Advertisement Date ❑ Yes ✓ No Age Offici By Al a /et Title Mayor DOT Form 140-039 Revised 12/2020 Washington State Department of Transportation By Director, Local Program Date Executed Digitally signed by Stephanie Stephanie Tax Tax Date: 2021.07.19 09:28:22-07'00' �ag� 1 IM- ma e o Funding (1) (2) (3) Type of Work Estimated Total Estimated Agency Estimated Federal Project Funds Funds Funds PE a.Agency 57,803.00 7,803.00 50,000.00 86.5 % Other Consultant 1,676,301.00 226,301.00 1,450,000.00 Federal Aid c. Other Non -participating 785,009.00 785,009.00 Participation d. State 1,000.00 1,000.00 Ratio for PE e. Total PE Cost Estimate (a+b+c+dl 2,520,113.00 1,020,113.00 1,500,000.00 Right of Way . A e .Other Federal Aid h. Other Participation Ratio for RW I. State I. Total RM Cost Utimate f+ +h+i 0.00 0.00 0.00 Construction k. Contract % i. Qther m. Other Federal Aid n, Qther Participation o. A en gy Ratio for CN . State g. Total CN Cost Estimate k+l+m+n+o+ 0.00 0.00 0.00 r, T tal Project Cost Estimate a++ 2,520 113.00 1,020,113.00 1,500,000.00 Age Offici By Al a /et Title Mayor DOT Form 140-039 Revised 12/2020 Washington State Department of Transportation By Director, Local Program Date Executed Digitally signed by Stephanie Stephanie Tax Tax Date: 2021.07.19 09:28:22-07'00' �ag� 1 IM- Construction Method of Financing (Check Method State Ad and Award MethodA-AdvancnPayment-AgencyShureoftota|oonstmctio cost (based on contract award) Method B - Withhold from gas tax the Agency's share of total construction coast (line 5, column 2) in the amount of at $ per month for months. Local Force mrLocal Ad and Award VMetho 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 byofficial action on . .Resolution/Ordinance No. Funding acceptance byCouncil Motion 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 indetail inthe "Project Description" and "Type ufWbrk." When the State acts for and nnbehalf ofthe Agency, the State shall badeemed unagent o[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. U|.Delegation wfAuthority The State iswilling to fulfill the responsibilities tothe Federal Government bythe administration nfthis 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. Ill. Project Administration Certain types ofwork and services shall be provided by the State on this project as requested by the Agency and described in the TypenfVVbrkaboxe.|naddition.thaStatawU|fumiebque|ifiedpersonne|hmrthemuporvieionondinopoobonofthewmrkinpmgmoo. 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 hyState forces upon the project will boconsidered ocost thereof. All costs related k»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 ofRecords All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment ofany federal aid funds hothe Agency. Copies ofsaid records shall bafurnished tothe State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are: 1.Preliminary engineering. 2.Right ofway 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 of the road for which right of way has been purchased is not started by the close of the tenth fiscal year following the fiscal year inwhich the right cfway phase was authorized, the Agency will repay hothe State the sum orsums nffederal funds paid |othe Agency under the terms ofthis agreement (see Section |X). � �)TForm 14ouao Page ��� Revised 12/2020 The Agency agrees that all stages ofconstruction necessary toprovide the initially planned complete facility within the limits of this project will conform 0oet 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 0mliquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails |ocomplete 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, ismbopaid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government, Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 2OO-Uniform Admin Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1.Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A — The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either apayment from the Agency (nthe State orbyarefund homthaGtat000theAgency 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 ofprogress billings from the contractor, the State will submit such billings tnthe Federal Government for payment ofits 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 participation to the extent that such costs are directly aftdbutable 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 ofFederal 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 tothe State and the Federal Government. An audit shall be conducted by the WSIDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSIDOT and FHVVA;and 2CFR Part 2UO.5O1-Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). wWU'Simg|e Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provisions of 2 CFR Part 200,501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly mthe State. DOT Form 1*o*ne paueJ3 IX Payment of Billing The Agency agrees that if payment marrangement 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 ofthe 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 bythe Director, Local Programs. Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they become ineligible for federal reimbursement. X.Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, otits own expense, maintain the improvement covered bythis agreement. XI. Indemnity The Agency shall hold the Federal Government andtheStatehannleoohnmandoha||pmmmnanddefendatdouwnaxpanme all claims, demands, or suits, whether at law or equity brought against the Agency, State, orFederal 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- 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 Gases, refer the matter for enforcement under 18U.G.C.1OD1and/or the Program Fraud Civil Remedies Act of1S8O(31U.S.C.38O1etaeq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, ormodification thereof, oodefined inthe 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 isoState orLocal Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate inwork onurunder the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant 0uthe Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part 11, subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a)Cancel, terminate, orsuspend this agreement inwhole orinpart; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. 3QPTForm 1^n-0no Page XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount ofFederal participation in the project cost, shall beapplicable in the event the contractor fails tocomplete 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 tnthe preservation ofenergy 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 oragencies other than the contractor. (4) The Secretary is notified by the Federal Highway Administration that the project is inactive. (5) The Secretary determines that such termination 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 ofWashington, growing out ofthis contract orthe project with which it isconcerned, shall babrought only in the Superior Court for Thurston County. XV1. Certification Regarding the Restrictions of the Use of Federal Funds for Lmhhy|mQ The approving authority certifies, hothe best ofhis o/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 toinfluence onofficer oremployee ofany federal agency, amember ofCongress, onofficer oremployee ofCongress, 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, urmodification ofany federal contract, grant, loan, orcooperative 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 ieamaterial representation of fact upon which reliance was placed when this transaction was made or entered into. Submission ofthis certification oeaprerequisite for making orentering into this transaction imposed bySection 1352.Tide31.U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $1O0.OUVfor 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 5O4and the Americans with Disabilities Act (ADA). Additional Provisions DOT Form 1^n-0ao pago7§c A111111111111111 Washington State TV Department of Transportation Local Agency Federal Aid Project Prospectus uui corm 14u-lui Hage I Revised 04/2015 Previous Editions Obsolete 4 Prefix Route I Date 06/18/2021 Federal Aid Project Number DUNS Number 010207504 LocalAgency 91810404 WSDOT ) Federal Employer -6001519 Project Number I Use On L Tax ID Number I Agency CAAgency Federal Program Title City of Tukwila Z Yes ❑ No Z 20.205 [:1 Other Project Title Start Latitude N 47.4899 Start Longitude w -122.2802 42nd Ave S Bridge Replacement End Latitude N 47.49054 ,qitude W -122.2801 End Lonqitude ,qitude ,qitude Project Termini From -To Nearest City Name Project Zip Code (+4) Interurban Ave S Northern end of bridge Tukwila 98188-2544 Begin Mile Post End Mile Post Length of Project Award Type NA NA 0.1 Z Local 0 Local Forces [:] State [:] Railroad Route ID Begin Mile Point End Mile Point City Number County Number County Name NA NA NA 1320 17 � King WSDOT Region Legislative District(s) Congressional District(s) Urban Area Number Northwest Region 9 � 11 � 80389 Total LocallAgency Federal Funds Phase Start Phase Estimated Cost Funding Date (Nearest Hundred Dollar) (Nearest Hundred Dollar) (Nearest Hundred Dollar) Month Year - P. E. $2,520,113.00 $1,020,113.00 $1,500,000.00 July 2021 RNV $30,000.00 $30,000.00 January 2023 Const. $19,150,000.00 $19,150,000.00 January 2024 Total $21,758,000.000 $20,258,000.00 $1,500,000.00 Description of Existing Facility (Existing Design and Present Condition) Roadway Width Number of Lanes 24 feet (curb to curb) � 2 Bridge is 3 -spans 280' long comprised of a 220' long fracture critical steel through -truss main span with two 32' long concrete T -beam approach spans. Bridge is both Structurally Deficient and Functionally Obsolete. Description of Proposed Work Description of Proposed Work (Attach additional sheet(s) if necessary) Replace the existing 42nd Ave S steel truss bridge. The replacement will require preliminary engineer design, tight -of -way, and construction phases. The new structure will meet current road and bridge design standards. Replacement structure configuration will be two throughlanes, possibly a turn pocket, and include sidewalks. Local Agency Contact Person Title Phone Adam Cox, P.E. Transportation Project Manager 206-431-2446 Mailing AddressState Zip Code 6300 Southcenter Blvd, Suite 100 rT WA � 98188 By Approving Authority Project Prospectus Title Public Works Director Date 6� ),:,I uui corm 14u-lui Hage I Revised 04/2015 Previous Editions Obsolete 4 Agency Project Title Date City of Tukwila 42nd Ave S Bridge Replacement 06/18/2021 -Type of Proposed Work Project Type (Check all that Apply) Roadway Width Number of Lanes ❑ New Construction ❑ Path / Trail 3-R 43 feet 2 Reconstruction ❑ Pedestrian I Facilities ❑ 2-R ❑ Railroad ❑ Parking ❑ Other Bridge Geometric Design Data Description Through Route Crossroad F] Principal Arterial ❑ Principal Arterial FederalF, /1 Urban❑ Minor Arterial Urban Minor Arterial Functional El Rural Collector Rural Collector Classification EJNHS Major Collector F] NHS E]Major Collector ❑ Minor Collector F❑I Minor Collector E]Local Access [:J Local Access Terrain Z Flat E]Roll [JMountain Flat [—]Roll [:]Mountain Posted Speed 25 40 Design Speed 25 40 Existing ADT 10,300 24,000 Design Year ADT 10,500 24,500 Design Year 2025 NA Design Hourly Volume (DHV) 3000 1500 Performance of Work Preliminary Engineering Will Be Performed By Others Agency Consultant 100 % 0 % Construction Will Be Performed By Contract Agency Contractor 100 % 0 % Environmental Classification ❑ Class I - Environmental Impact Statement (EIS) Class 11 - Categorically Excluded (CE) ❑ Project Involves NEPA/SEPA Section 404 Z Projects Requiring Documentation Interagency Agreement (Documented CE) ❑ Class III - Environmental Assessment (EA) F1 Project Involves NEPA/SEPA Section 404 Interagency Agreements Environmental Considerations Bridge will cross the Green River, a major salmon-bearing river in a flood plain. Appropriate environmental considerations are required including fisheries, river control, and archeological. Impacts to adjacent businesses and homeowners require consideration of noise and environmental justice. u6i t-orm i4u-lui Page 2 42 Revised 04/2015 Previous Editions Obsolete Agency Project Title —� Date City of Tukw ila. 42nd Ave S Bridge Replacement 06/18/2021 Right of Way No Right of Way Needed Right of Way Needed *All construction required by the EJ No Relocation Relocation Required contract can be accomplished within the exiting right of way. I Utilities Railroad No utility work required nv-' No railroad work required All utility work will be completed prior to the start [:]All railroad work will be completed prior to the start of of the construction contract the construction contract All utility work will be completed in coordination All the railroad work will be completed in coordination with the construction contract with the construction contract Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project There is a 10 inch diameter waterline and a 6 inch diameter PSE gas line that is currently attached to the east side of the 42nd Ave S Bridge. There is also a King County sewer line that is located underground near the northeast comer of the structure that crosses the river just north of the structure. The above ground water and gas utilities will be temporarily moved during construction and attached to the new structure once completed. The King County Sewer line will be marked, tracked, and avoided during the construction of the substructure FAA Involvement Is any airport located within 3.2 kilometers (2 miles) of the proposed project? Z Yes [:1 No Remarks The south end of the Boeing Field runway is approximately 1.85 miles, north, of the project location. This project .- ^ ~ ' � designee, and ienot inconsistent with theagency's Agency City of Tukwil� Date By Mayor, Allan Ekberg 7, DOT Form 140wm Page