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HomeMy WebLinkAbout02-056 - WA State Department of Transportation (WSDOT) - Intergovernmental GMA Local Agency Agreement41.1 v71Washington State Department of Transportation riL vlOPY 00 - Cc) Local Agency Agreement Supplement Agency City of Tukwila Supplement Number 3 Federal Aid Project Number STPF-0099(077) Agreement Number LA -5329 CFDA No 20.205 (Catalog of Federal Domestic Assistance) The Local Agency desires to supplement the agreement entered into and executed on May 29, 2002 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Project Description Name Tukwila International Boulevard (Phase II) Termini S 116th St to S 132nd St Length 1.0 Mile Description of Work ® No Change Reason for Supplement Re -program previously obligated construction funds from Agency (line o) to Contract (line k). No new funds are being added. ements? ❑ Yes IN No Type of Work ip Estimate of Funding (1) Previous Agreement/Suppl. (2) Supplement (3) Estimated Total Project Funds (4) Estimated Agency Funds (5) Estimated Federal Funds PE a. Agency 40 b. Other Consultant 1,090,000.00 1,090,000 00 654,000 00 436,000 00 c. Other Federal Aid d. State 13,963 00 13,963 00 8,378.00 5,585 00 Participation Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 1,103,963.00 1,103,963.00 662,378.00 441,585.00 Right of Way f. Agency 0 % ther Federal Aid h. Other Participation for RW i. State Ratio j. Total RNV Cost Estimate (f+g+h+i) Construction k. Contract 3,444,908.00 35,000 00 3,479,908.00 469,788.00 3,010,120.00 I. Other m. Other n. Other Consultant 478,393.00 478,393.00 64,583.00 413,810.00 86.5 % o. Agency 326,125 00 -35,000.00 291,125 00 39,302.00 251,823 00 Federal Aid State 10,000.00 10,000 00 1,350 00 8,650 00 Participation p. Ratio for CN q. Total CN Cost Estimate (k+I+m+n4o+p), 4,259,426.00 4,259,426.00 575,023.00 3,684,403.00 r. Total Project Cost Estimate (e+j+q) 5.363.389.00 5.363.389.00 1.237.401.00 4 125 988 00 The Local Agency further stipulates that pursuant to said Title 23, regulations and po icies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions Washington State Department of Transportation Agency Offer ial By Title M DOT Form 140-041 EF Revised 1/2007 By Director of Highways and Local Programs Date Executed /S�o/ :_716(A 1,96 -S Washington State VT Department of Transportation 02-056(b) Local Agency Agreement Supplement Agency City of Tukwila Supplement Number 2 Federal Aid Project Number STPF-0099(077) Agreement Number LA -5329 CFDA No. 20.205 (Catalog of Federal Domestic Assistance) The Local Agency desires to supplement the agreement entered into and executed on May 29, 2002 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Project Description Name Tukwila International Boulevard (Phase II) Termini S 116th St to S 132nd St Length 1.0 Mile Description of Work ® No Change Reason for Supple nt Re -program previously obligated funds in the construction phase from Construction Contract (line k) and Agency (line o) to Construction Engineering (line n) and State forces (lines d & p). No new federal funds are being added. his change require additional Right of Way or Easements? ElYes ® No Typeof Work Estimate of Funding (1) Previous Agreement/Suppl. (2) Supplement (3) Estimated Total Project Funds (4) Estimated Agency Funds (5) Estimated Federal Funds PE a. Agency 40 % b. Other Consultant 1,090,000.00 1,090,000.00 654,000.00 436,000.00 c. Other Federal Aid d. State 10,000.00 3,963.00 13,963.00 8,378.00 5,585.00 Participation Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 1,100,000.00 3,963.00 1,103,963.00 662,378.00 441,585.00 Right of Way f. Agency 0 % Other o Federal Aid h. Other Participation Ratio for RW i. State j, Total R/W Cost Estimate (f+g+h+i) Construction K. Contract 3,744,908.00 -300,000.00 3,444,908.00 465,063.00 2,979,845.00 I. Other m. Other n. Other Consultant 85,225.00 393,168.00 478,393.00 326,125.00 10,000.00 64,583.00 44,027.00 1,350.00 413,810.00 282,098.00 8,650.00 86.5 % o. Agency 426,125.00 5,000.00 -100,000.00 5,000.00 Federal do p. State Participation Ratio for CN q. Total CN Cost Estimate (k+l+m+n+o+p) 4,261,258.00 -1,832.00 4,259,426.00 575,023.00 3,684,403.00 r. Total Project Cost Estimate (e+j+q) 5.361.258.00 2131.00 5.363 389 00 1.237.401.00 4.125.988.00 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 Stat Dei rtment of Tr: nsportation DOT Form 140-041 EF Revised 1/2007 By Director of Highways a Date Executed Local Programs NOV 1 2 2009 c2'e o U4167A./i9-c-S kc -,1,r Cd Washington State Department of Transportation O.) (6-) Local Agency it reement Supplement Agency City of Tukwila Supplement Number 1 Federal Aid Project Number STPF-0099(077) Agreement Number LA 5329 CFDA No 20.205 (Catalog of Federal Domestic Assistance) The Local Agency desires to supplement the agreement entered into and executed on May 29, 2002 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Project Description Name Tukwila International Boulevard (Phase II) Termini Length 1.0 Mile West Valley Hwy from Willis St. to Fort Dent Way & S 180 St/SW 43 St. from SC Pkwy to 108 Ave SE Description of Work IN No Change Reason for Supplement Obligate construction funds. lel NCS) Type of Work yp Estimate of Funding (1) Previous Agreement/Suppl. (2) Supplement (3) Estimated Total Project Funds (4) Estimated Agency Funds (5) Estimated Federal Funds PE a. Agency 40 0/0b. Other Consultant 1,090,000.00 1,090,000.00 654,000.00 436,000.00 c. Other Federal Aid d. State 10,000 00 10,000.00 6,000.00 4,000.00 Participation Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 1,100,000.00 1,100,000.00 660,000.00 440,000.00 Right of Way f. Agency 0 % q. Other Federal Aid h. Other Participation Ratio for RW i. State j. Total RNV Cost Estimate (f+g+h+i) Construction k. Contract 0 00 3,744,908.00 3,744,908.00 505,563.00 3,239,345.00 I. Other m. Other n. Other Consultant 0.00 85,225.00 85,225.00 11,505 00 73,720 00 86.5 % o. Agency 0.00 426,125 00 426,125 00 57,527 00 368,598.00 Federal Aid State 0.00 5,000.00 5,000 00 675 00 4,325 00 Participation Ratio for CN q. Total CN Cost Estimate (k+l+m+n+o+p) 4,261,258.00 4,261,258.00 575,270.00 3,685,988.00 r. Total Project Cost Estimate (e+j+q) 1,100,000.00 4,261,258.00 5,361,258.00 1,235,270.00 4,125,988.00 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 Byayri) Title Mayor GO /3 Q DOT Form 140-041 EF Revised 4/2000 Washington State Department of Transportation By Assistant Secretary for Highways and Local Programs Date Executed OCT 1 ! 2006 � Washington State. • ;NANCY Cort(_ vI/ Department of Transportation Agency City of Tukwila Address Department of Public Works 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 — Cir Localligency Agreement CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Project No. ST`P F — Agreement No. LA 5 3 2 9 For OSC The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S Code Highways. (2) the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102. A-87 and A-133. (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal Government. relative to the above project. the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3. without written authority by the State. subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency Project Description Name Tukwila International Boulevard (Phase II) Termini S 116th St to S 132nd St Description of Work Provide street improvements and redevelopment that includes two through lanes in each direction, a center two way turn lane or left turn lane at some locations, right turn lanes at some locations, street overlay, bus pullouts, curb and gutter, sidewalks, landscaping, overhead utility undergrounding, storm drainage (including high-flow bypass), traffic signal modifications, and interconnect. Length 1 0 Mile Agency Official By Title DOT Form 140-039 EF Revised 10/01 I Mayor 1 Washingt• n State Department of Transportation By Assistant Secretary for Highways and Local Programs Date Executed MAY 29 2002 Type of Work Estimate of Funding (1) (2) Estimated Total Estimated Agency Project Funds Funds (3) Estimated Federal Funds PE 40 0 % Federal Aid Participation Ratio for PE a. Agency 1,090,000.00 10,000.00 1,100,000.00 654,000 00 6,000 00 660,000.00 436,000.00 4,000.00 440,000.00 b Other Consultant c. Other d. State e Total PE Cost Estimate (a+b+c+d) Right of Way % Federal Aid Participation Ratio for RW f Agency g. Other h. Other i. State j. Total RAN Cost Estimate (f+g+h+i) Construction % Federal Aid Participation Ratio for CN k. Contract 1. Other m. Other n. Other - - - - - - - o Agency p State q. Total CN Cost Estimate (k+I+m+n+o+p) r. Total Project Cost Estimate (e+j+q) 1,100,000.00 660,000.00 440,000.00 Agency Official By Title DOT Form 140-039 EF Revised 10/01 I Mayor 1 Washingt• n State Department of Transportation By Assistant Secretary for Highways and Local Programs Date Executed MAY 29 2002 Construction Method of Financir410 (Check Method Selected) • State Ad and Award ❑ Method A - Advance Payment - Agency Share of total construction cost (based on contract award) ❑ Method B - Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of $ at $ per month for months Local Force or Local Ad and Award ® Method C - Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on Provisions I. Scope of Work The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the "Project Description" and "Type of Work." When the State acts for and on behalf of the Agency the State shall be deemed an agent of the Agency and shall perform the services described and indicated in "Type of Work" on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. 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. III. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are DOT Form 140-039 EF 2 Revised 10/01 , Resolution/Ordinance No 1 Preliminary engineering. 2. Right of way acquisition. 3 Project construction. In the event that right of way acquisition. or actual construction of the road. for which preliminary engineering is undertaken is not started by the closing of the tenth fiscal year following the fiscal year in which the agreement is executed. the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways. even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects. the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project. including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Transportation Equity Act for the 21st Century (TEA 21), as amended. and Office of Management and Budget circulars A-102, A-87 and A-133 The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall mimimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration. supervision. and other overhead shall not be eligible for federal participation unless an indirect cost plan has been approved by WSDOT The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. • Method A — The Agency will place with the Statin (20) days after the execution of the construction contract, an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor Following such payments. the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency Method B — The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C — The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision. and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit. the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). VII. Audit of Federal Consultant Contracts The Agency if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted govemmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization. Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA, and Office of Management and Budget Circular A-133 If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). VIII. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal Office of Management and Budget (OMB) Circular A-133 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $300.000 or more in federal awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provisions of OMB Circular A-133 Upon conclusion of the A-133 audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation. etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed the Assistant Secretary for Highways and Local Programs. DOT Form 140-039 EF Revised 10/01 3 X. Traffic Control, Sig, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals. or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD The Agency will. at its own expense. maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims. demands, or suits, whether at law or equity brought against the Agency State. or Federal Government. arising from the Agency's execution, performance. or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. No liability shall attach to the State or Federal Government except as expressly provided herein. XII. Nondiscrimination Provision The Agency shall not discriminate on the basis of race. color. national origin. or sex in the awaid and performance of any USDOT-assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26 The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program. as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.0 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S C 3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work. or modification thereof. as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60. which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract. loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan. insurance, or guarantee. the required contract provisions for Federal -Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided. that if the applicant so participating is a State or Local Government. the above equal opportunity clause is not applicable to any agency, instrumentality. or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees. (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules. regulations. and relevant orders of the Secretary of Labor (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, 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 comply with these undertakings, the State may take any or all of the following actions: (a) Cancel. terminate. or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 630, Subpart 305, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole. or from time to time in part, whenever (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor (4) The Secretary determines that such termination is in the best interests of the State. DOT Form 140-039 EF Revised 10/01 XV. Venue for Claims Valor 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 132, 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. Additional Provisions 4 oz- o5o • • INTERGOVERNMENTAL AGREEMENT WASHINGTON STATE DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT CONTRACT NUMBER: s02-63000-180 This AGREEMENT, entered into by and between the City of Tukwila (hereinafter referred to as the GRANTEE) and the Washington State Department of Community, Trade and Economic Development (hereinafter referred to as the DEPARTMENT), WITNESSES THAT: WHEREAS, the DEPARTMENT has the statutory authority under RCW 43.330.050(5) to cooperate with and provide assistance to local governments and local agencies serving the communities of the state for the purpose of aiding orderly, productive, and coordinated development of the state; and WHEREAS, the DEPARTMENT also has the responsibility to administer programs and projects assigned to the DEPARTMENT by the Governor or the Washington State Legislature; and WHEREAS, the DEPARTMENT has the statutory responsibility under RCW 36.70A.190(1) to establish a program of financial assistance and incentives to counties, cities, and towns to encourage and facilitate the adoption and implementation of comprehensive plans and development regulations throughout the state; and WHEREAS, the DEPARTMENT desires to engage the GRANTEE to perform certain tasks as hereinafter specified. NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: 1. FUNDING The total funds to be disbursed to the GRANTEE, for the agreement period shall not exceed twenty-six thousand two hundred fifty dollars ($26,250). 2. AGREEMENT PERIOD The effective date of this AGREEMENT shall be July 1, 2001. The termination date shall be June 30, 2003. 3. SERVICE PROVISIONS Funds provided to the GRANTEE under this AGREEMENT shall be used solely for activities undertaken to fulfill the mandates required by the Growth Management Act to implement the GRANTEE'S growth management strategy as described in ATTACHMENT: SCOPE OF WORK, which, by this reference, is made a part of this AGREEMENT. • • s02-63000-180 4. DISBURSEMENT/REIMBURSEMENT PROVISIONS The GRANTEE shall submit an invoice voucher (Form A-19) to the DEPARTMENT upon signing this AGREEMENT for an amount equal to no more than nine thousand one hundred eighty-seven dollars ($9,187). No later than June 30, 2002, and upon completion of that portion of the scope of work to that date, the GRANTEE shall submit an invoice voucher to the DEPARTMENT for an amount equal to no more than three thousand nine hundred thirty-eight dollars ($3,938). On or after July 1, 2002, and upon completion of that portion of the scope of work to that date, the GRANTEE shall submit an invoice voucher to the DEPARTMENT for an amount equal to no more than nine thousand one hundred eighty-seven dollars ($9,187). Upon completion of the entire scope of work, no earlier than July 1, 2002, and no later than the expiration of this AGREEMENT, the GRANTEE shall submit an invoice voucher to the DEPARTMENT for an amount equal to no more than three thousand nine hundred thirty-eight dollars ($3,938). Any funds apportioned to be distributed by the terms of this AGREEMENT and not requested by the GRANTEE, or, if requested and not approved for distribution by the DEPARTMENT, shall be forfeited by the GRANTEE. 5. NONASSIGNABILITY Neither this agreement, nor any claim arising under this agreement shall be transferred or assigned by the GRANTEE. PROVIDED that, in order to establish a review and evaluation program pursuant to RCW 36.70A.215, the GRANTEE may consult, coordinate, and contract with the cities and towns within the county serviced by this AGREEMENT and may contract for the personal services of consultants. 6. RECORDS AND DOCUMENTS The GRANTEE shall maintain books, records, documents and other evidence of accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by law, rule, regulation, or contract. The GRANTEE will retain all books, records, documents, and other materials relevant to this AGREEMENT for six years from the date of final payment, and make them available for inspection by persons authorized under this provision. 7. RIGHT OF INSPECTION The GRANTEE shall provide right of access to its facilities to the DEPARTMENT, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal goverment at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this AGREEMENT. 8. NONDISCRI VIINATION During the performance of this AGREEMENT, the GRANTEE shall comply with all federal and state nondiscrimination laws, including, but not limited to chapter 49.60 RCW, Page 2 of 6 • • s02-63000-180 Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq., the Americans with Disabilities Act. In the event of the GRANTEE noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this AGREEMENT may be rescinded, canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further AGREEMENTS with the DEPARTMENT. The GRANTEE shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the DISPUTES procedure set forth here in. 9. GRANTEE NOT EMPLOYEE OF THE DEPARTMENT The GRANTEE and his/her employees or agents performing under this AGREEMENT are not employees or agents of the DEPARTMENT. The GRANTEE will not hold himself/herself out as nor claim to be an office or employee of the DEPARTMENT or of the state of Washington by reason thereof, nor will the GRANTEE make any claim of right, privilege or benefit which would accrue to an employee under Chapter 41.06 RCW or Chapter 28B.16 RCW. 10. AGREEMENT AMENDMENTS The DEPARTMENT and the GRANTEE may, from time to time, request changes to this AGREEMENT. Any such changes that are mutually agreed upon by the DEPARTMENT and the GRANTEE shall be incorporated herein by written amendment to this AGREEMENT. It is mutually agreed and understood that no alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, shall not be binding. AGREEMENT amendments shall not be made which result in an extension of the CONTRACT period beyond June 30, 2003. 11. DISPUTES Except as otherwise provided in this AGREEMENT, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by the DEPARTMENT, a representative appointed by the GRANTEE and a third party mutually agreed by both parties. The team shall attempt, by majority vote, to resolve the dispute. The parties agree that this dispute process shall precede any action in a judicial or quasi- judicial tribunal. 12. TERMINATION OF AGREEMENT If, through any cause, the GRANTEE shall fail to fulfill in a timely and proper manner its obligations under this AGREEMENT, or if the GRANTEE shall violate any of its covenants, agreements or stipulations of this AGREEMENT, the DEPARTMENT shall thereupon have the right to terminate this AGREEMENT and withhold the remaining Page 3 of 6 • • s02-63000-180 allocation if such default or violation is not corrected within twenty (20) days after written notice describing such default or violation is received by the GRANTEE's representative. Notwithstanding any provisions of this AGREEMENT, either party may terminate this AGREEMENT by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. Reimbursement for services performed by the GRANTEE, and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination, shall be as the DEPARTMENT reasonably determines. In the event funding from the state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this AGREEMENT and prior to normal completion, the DEPARTMENT may unilaterally reduce the scope of work and budget or terminate this AGREEMENT. 15. SPECIAL PROVISION The DEPARTMENT'S failure to insist upon the strict performance of any provision of this AGREEMENT or to exercise any right based upon breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this AGREEMENT. 16. HOLD HARMLESS It is understood and agreed that this AGREEMENT is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this AGREEMENT. Each party hereto agrees to be responsible and assumes liability for its own negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify, defend, and hold the other party harmless from any such liability. In the case of negligence of both the DEPARTMENT and the GRANTEE, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this AGREEMENT by a consultant through a personal services contract with the GRANTEE as permitted by paragraph 5 herein. Each contract between the GRANTEE and such consultant for services or activities utilizing funds provided in whole or in part by this AGREEMENT shall include a provision that the DEPARTMENT and the state of Washington are not liable for damages or claims from damages arising from any such consultant's performance. 17. GOVERNING LAW AND VENUE The AGREEMENT shall be construed and enforced in accordance with, and the laws of the State of Washington hereof shall govern the validity and performance. Venue of any Page 4 of 6 • • s02-63000-180 suit between the parties arising out of this AGREEMENT shall be the superior court of Thurston County, Washington. 18. SEVERABILITY In the event any term or condition of this AGREEMENT or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, and applications of this AGREEMENT which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this AGREEMENT are declared severable. 19. REDUCTION IN FUNDS The DEPARTMENT may unilaterally terminate all or part of this AGREEMENT, or may reduce its scope of work or budget under this AGREEMENT, if there is a reduction of funds by the source of those funds, and if such funds are the basis for this AGREEMENT. 20. RECAPTURE OF FUNDS In the event that the GRANTEE fails to expend state funds in accordance with state law or the provisions of this AGREEMENT, the DEPARTMENT reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a period not to exceed six (6) years following termination of the AGREEMENT. Repayment by the GRANTEE of state funds under this recapture provision shall occur within thirty (30) days of demand. In the event that the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision, the DEPARTMENT shall be entitled to its cost thereof, including reasonable attorney's fees. 21. ACKNOWLEDGEMENT OF STATE FUNDING A. The GRANTEE shall provide all project -related press releases to the DEPARTMENT. Press releases shall identify the DEPARTMENT as a project financier. B. Publication such as reports and pamphlets which are developed totally or in part with funds provided under this Agreement shall give credit to the funding source by including the following: "Funds made available through the Washington State Department of Community, Trade and Economic Development." 22. OWNERSHIP OF PROJECT MATERIALS A. All finished or unfinished documents, data, studies, surveys, drawings, models, photographs, films, duplicating plates, computer disks and reports prepared by the GRANTEE under this Agreement shall be works for hire under U.S. copyright law. The DEPARTMENT may duplicate, use, and disclose in any manner and for any purpose whatsoever, all materials prepared under this Agreement. Page 5 of 6 • • s02-63000-180 B. The GRANTEE must have prior approval of the DEPARTMENT to produce patents, copyrights, patent rights, inventions, original books, manuals, films, or other patentable or copyrightable materials, in whole or in part with funds received under this Agreement. The DEPARTMENT reserves the right to determine whether protection of inventions of discover shall be disposed of and administered in order to protect the public interest. Before the GRANTEE copyrights any materials produced with funds under this Agreement, the DEPARTMENT reserves the right to negotiate a reasonable royalty fee and agreement. 23. ENTIRE AGREEMENT This AGREEMENT including referenced exhibits represents all the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this AGREEMENT shall be deemed to exist or to bind any of the parties within. 24. ADMINISTRATION A. The DEPARTMENT'S representative shall be Ike Nwankwo, (360) 725-3056 B. The GRANTEE'S representative shall be Rebecca Fox, (206) 431-3683 IN WITNESS WHEREOF, the DEPARTMENT and the GRANTEE have executed this AGREEMENT as of the date and year written below: DEPARTMENT OF COMMUNITY, TRADE CITY OF TUKWILA AND ECONOMIC DEVELOPMENT BY (_5( die Steve Wells, Director Local Government Division Date: 67 Approved as to Form By: L_SCa.-e- L)\-- Title: c,rec iva• 0� Low.,rw�•.i l ��( Date: /VA -1 I�f Zoo -t, Federal Tax Identification Number 6,O0lt ' �9 Melissa Burke -Cain Z'c- - --- IC.::)&20.,,,,t1,,._ Assistant Attorney General `71eP.e p—- November 30, 2001 Date Page 6 of 6 a/4�oy • • ATTACHMENT: SCOPE OF WORK CITY OF TUKWILA CONTRACT s02-63000-180 The GRANTEE is responsible for the preparation of all contract deliverables set forth below. The process and product shall be substantially consistent with the GRANTEE's grant application submitted to the Department for this round of funding and with the requirements of the Growth Management Act. Deliverables will be provided to the Department in electronic format wherever possible. At the Department's or the GRANTEE's request, deliverables may be provided in paper format. All draft ordinances and resolutions developed by the GRANTEE in the completion of this AGREEMENT shall be submitted to the DEPARTMENT at least sixty day prior to adoption. All ordinances and resolutions adopted by the GRANTEE in the completion of this AGREEMENT shall be submitted to the DEPARTMENT per RCW 36.70A.106. Project Description: In accomplishing its 2002 GMA update, Tukwila will retain the basic goals and priorities articulated in the City of Tukwila Comprehensive Land Use Plan (adopted 1995). These goals continue to reflect the community's priorities, including: 1) To improve and sustain residential neighborhood quality and livability 2) To redevelop and reinvigorate the Pacific Highway (now Tukwila International Boulevard) Corridor 3) To redevelop and reinvigorate industrial uses along East Marginal Way 4) To develop a thriving Urban Center as a true regional concentration of employment, housing, shopping and recreational opportunities The primary focus of the 2002 Comprehensive Plan update will be: 1) to identify deficiencies and meet requirements articulated in the State of Washington Growth Management Act and its recent revisions, and 2) to adopt all GMA-required revisions by the September 30, 2002 deadline. As time and resources permit, we will also look at other selected issues raised by the public or the Tukwila staff. These are likely to include certain mapping issues and possible internal inconsistencies in the Plan. The systematic review of policies will reveal areas which are out of compliance with the GMA and which need work. DCD staff are already working on several topics, including sensitive areas, which we already know must be addressed. The Shoreline Code will be updated in a separate process. Milestones: Review Plan for Consistency with GMA (RCW 36.70A.130) (November 1,2001 to December 31, 2001) • Systematic review of policies for consistency with GMA policies and King County Countywide Planning Policies • Identify status of compliance (needs/deficiencies) • Determine items requiring revision/updating per RCW 36.70A.130 • Prepare program to attain compliance • • Draft amendments bringing Plan into compliance (December, 2001 through July, 2002 Tukwila expects to use the GMA Update funds primarily in its sensitive/critical areas update. Key work activities will include the following: • Geotechnical consultant review of steep/hazardous slope standards including use of computer data base to update mapping of slopes -topographic relief and possible mapping of seismic hazards • Revise wetland and watercourse standards based on updated field inventory and Best Available Science rule • Remap identified wetland and watercourse areas with computer data and aerial photography to verify existing maps and add new information • "Field" inventory (i.e. no land surveying) and review of wetland/watercourse classifications Other specific amendment topics will be determined by the results of the consistency review. Traffic/concurrency is another possible topic for updating. Review existing conditions (January 1,2002 to February 15, 2002) We will review existing conditions, including results of Buildable Lands Survey, to get a general sense of Comp Plan progress to date. Public Involvement (November, 2001 through September, 2002) Public involvement will occur throughout the updating period. The specific activities and timing will depend on the results of the consistency/compliance review. It is likely that public involvement will include the following: • Articles in "Hazelnut" community newsletter • Articles on City of Tukwila website • Special mailings to Tukwila residents and businesses • Public meetings and hearings, including Planning Commission and City Council sessions Amendment Adoption Process (April, 2002 through September, 2002) The amendment adoption process will include City Council and Planning Commission work sessions, meetings and hearings. Deliverables: We will update all sensitive areas regulations and will provide a new inventory map product. Depending on the results of the consistency review, other updated ordinances, resolutions and/or comprehensive plan amendments will also be prepared. Resources: . Resources will be expended primarily for updating the sensitive areas ordinance. They may also be used for other aspects of updating or information gathering. 2002 2003 Salaries/ Benefits $10,000 (extra labor, intern) Contracts $10,250 (Consultant—geotech, data gathering, possible public information) Goods and Services Travel Other (explain) $2,000 (printing, mailing for public involvement) TOTAL $22,250 Salaries/ Benefits Contracts $4,000 (Consultant) Goods and Services Travel Other (explain) TOTAL $4,000 Status Reports: brief status report on or about March 15, 2002 indicating progress -to -date and describing how the FY 2002 work items will be completed by June 15, 2002; a report on or about January 15, 2003, only if the GRANTEE has not completed their project. Close -out -Report: brief report (500 words or less) describing project accomplishments when project as specified in the scope of work is completed but no later than June 1, 2003.