HomeMy WebLinkAboutContract A9111111111►
M A Washington State L9 WI Agency Agreement
Department of Transpion CAG-00-048 (R)
Agency City of Renton '9G CFDA No. 20.205
Address 1055 South Grady Way C Project No. STnUI_- 133p8�too�_
Renton, WA 98055 �� Agreement No. 44 8 0
For OSC WSDOT Use Only
The Local Agency having complied,or hereby agreeing to comply,with the terms and conditions set forth in(1)Title 23,U.S.Code Highways,(2)the regulations issued
pursuant thereto,(3)Office of Management and Budget Circulars A-102,A-87 and A-133,(4)the policies and procedures promulgated by the Washington State
Department of Transportation,and(5)the federal aid project agreement entered into between the State and Federal Government,relative to the above project,the
Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification.Federal funds which are to be
obligated for the project may not exceed the amount shown herein on line o,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 I-405fNE 44th Multi-Modal Interchange Study i_enyii, 0.5 mile
Termini I-405 and 44th
Description of Work
Prepare a study to determine the feasibility of proposed revisions to the existing interchange to integrate transportation
access and circulation. The study will include Added Access Reports,and all preliminary engineering and design file
documentation required through 30% design. Proposed improvements include direct access to I-405 HOV lanes,
transit center, local circulation, shuttle system, local and regional bike and pedestrian facilities, and improved transit
service connections. Federal funds will be utilized only for FHWA eligible work.
Estimate of Funding
Type of Work (i (2) (3)
Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a.Agency 859,000.00 522,740.00 336,260.00
39.15 % b.Other Non-Fed. Matched 1,732,000.00 1,732,000.00 0.00
Federal Aid c.State 7,000.00 4,260.00 2,740.00
Participation 2,598,000.00 2 259 000.00 339 000.00
Ratio for PE d.Total PE Cost Estimate a+b+c > > >
Right of Way e.Agency
f. Other
Federal Aid State
Participation 9.
Ratio for RW h.Total R/W Cost Estimate(e+f+ )
Construction i.Contract
'.Other
k.Other
I.A enc
Federal Aid M.State
Participation
Ratio for CN n.Total CN Cost Estimate i+'+k+l+m
o.Total Project Cost Estimate(d+h+n) 2,598,000.00 2,259,000.001 339,000.00
Age cy fficial / Washington1state DepartmentQf Transportation
i > � �
By By L ' ! �_ , � il''<
JesseQMnner
Titi Mayor Assistant Secretary for Highways and Local Programs
ATTEST: Date Executed .� '
Marilyn J. etersen, City Clerk
DOT Form 140-039 EF
Revised 12/99
Construction Method of Fina `
9 (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
Resolution/Ordinance No.
Provisions
I. Scope of Work 1.Preliminary engineering.
The Agency shall provide all the work,labor,materials,and services 2.Right of way acquisition.
necessary to perform the project which is described and set forth in detail in 3.Project construction.
the"Project Description"and"Type of Work."
In the event that right of way acquisition,or actual construction of the road,for
When the State acts for and on behalf of the Agency,the State shall be which preliminary engineering is undertaken is not started by the closing of the
deemed an agent of the Agency and shall perform the services described and tenth fiscal year following the fiscal year in which the agreement is executed,the
indicated in"Type of Work"on the face of this agreement,in accordance Agency will repay to the State the sum or sums of federal funds paid to the
with plans and specifications as proposed by the Agency and approved by the Agency under the terms of this agreement(see Section IX).
State and the Federal Highway Administration.
The Agency agrees that all stages of construction necessary to provide the
When the State acts for the Agency but is not subject to the right of control initially planned complete facility within the limits of this project will conform to
by the Agency,the State shall have the right to perform the work subject to the at least the minimum values set by approved statewide design standards
ordinary procedures of the State and Federal Highway Administration. applicable to this class of highways,even though such additional work is financed
II. Delegation of Authority without federal aid participation.
The State is willing to fulfill the responsibilities to the Federal Government The Agency agrees that on federal aid highway construction projects,the
by the administration of this project.The Agency agrees that the State shall current federal aid regulations which apply to liquidated damages relative to the
have the full authority to carry out this administration.The State shall review, basis of federal participation in the project cost shall be applicable in the event
process,and approve documents required for federal aid reimbursement in the contractor fails to complete the contract within the contract time.
accordance with federal requirements. If the State advertises and awards the VI. Payment and Partial Reimbursement
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 The total cost of the project,including all review and engineering costs and
awards the project,the State shall review the work to ensure conformity with other expenses of the State,is to be paid by the Agency and by the Federal
the approved plans and specifications. Government.Federal funding shall be in accordance with the Transportation
Equity Act for the 21st Century(TEA 21),as amended,and Office of
III. Project Administration Management and Budget circulars A-102,A-87 and A-133.The State shall
Certain types of work and services shall be provided by the State on this not be ultimately responsible for any of the costs of the project.The Agency
project as requested by the Agency and described in the Type of Work above. shall be ultimately responsible for all costs associated with the project which
In addition,the State will furnish qualified personnel for the supervision and are not reimbursed by the Federal Government.Nothing in this agreement
inspection of the work in progress.On Local Agency advertised and awarded shall be construed as a promise by the State as to the amount or nature of
projects,the supervision and inspection shall be limited to ensuring all work is federal participation in this project.
in conformance with approved plans,specifications,and federal aid 1.Preliminary Engineering,Right of Way Acquisition,and Audit Costs
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 The Agency will pay for Agency incurred costs in the project.Following such
a cost thereof.All costs related to this project incurred by employees of the payments,vouchers shall be submitted to the State n the format prescribed b}'the
State in the customary manner on highway payrolls and vouchers shall be State,in duplicate,not more than once per month.The State will reimburse the
charged as costs of the project. Agency up to the amount shown on the face of this agreement for those costs
eligible for federal participation to the extent that such costs are directly
IV. Availability of Records attributable and properly allocable to this project.Expenditures by the Local
All project records in support of all costs incurred and actual expenditures Agency for maintenance,general administration,supervision,and other
kept by the Agency are to be maintained in accordance with local overhead shall not be eligible for federal participation unless an indirect cost
government accounting procedures prescribed by the Washington State plan nas been approved by WSDOT.
Auditor's Office,the U.S.Department of Transportation,and the The State will pay for State incurred costs on the project.Following
Washington State Department of Transportation.The records shall be open payment,the State shall bill the Federal Government for reimbursement of
to inspection by the State and Federal Government at all reasonable times those costs eligible for federal participation to the extent that such costs are
and shall be retained and made available for such inspection for a period of attributable and properly allocable to this project.The State shall bill the
not less than three years from the final payment of any federal aid funds to Agency for that portion of State costs which were not reimbursed by the
the Agency.Copies of said records shall be furnished to the State and/or Federal Government(see Section IX).
Federal Government upon request. 2. Project Construction Costs
V. Compliance with Provisions Project construction financing will be accomplished by one of the three
The Agency shall not incur any federal aid participation costs on any methods as indicated in this agreement.
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 12/99
Method A—The Agency will place with the within(20)days after X. Traffic Control,Pfting, Marking,and Roadway
the execution of the construction contract,an ad ' in the amount of the Maintenance
Agency's share of the total construction cost base on the contract award.
The State will notify the Agency of the exact amount to be deposited with the The Agency will not permit any changes to be made in the provisions for
State.The State will pay all costs incurred under the contract upon parking regulations and traffic control on this project without prior approval of
presentation of progress billings from the contractor.Following such the State and Federal Highway Administration. The Agency will not install or
payments,the State will submit a billing to the Federal Government for the permit to be installed any signs,signals,or markings not in conformance with the
federal aid participation share of the cost.When the project is substantially standards approved by the Federal Highway Administration and MUTCD. The
completed and final actual costs of the project can be determined,the State Agency will,at its own expense,maintain the improvement covered by this
will present the Agency with a final billing showing the amount due the State agreement.
or the amount due the Agency.This billing will be cleared by either a XI. Indemnity
payment from the Agency to the State or by a refund from the State to the
Agency. 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,
Method B— The Agency's share of the total construction cost as shown whether at law or equity brought against the Agency,State,or Federal
on the face of this agreement shall be withheld from its monthly fuel tax Government,arising from the Agency's execution,performance,or failure to
allotments.The face of this agreement establishes the months in which the perform any of the provisions of this agreement,or of any other agreement or
withholding shall take place and the exact amount to be withheld each month. contract connected with this agreement,or arising by reason of the participation
The extent of withholding will be confirmed by letter from the State at the of the State or Federal Government in the project,PROVIDED,nothing herein
time of contract award.Upon receipt of progress billings from the shall require the Agency to reimburse the State or the Federal Government for
contractor,the State will submit such billings to the Federal Government for damages arising out of bodily injury to persons or damage to property caused by
payment of its participating portion of such billings. or resulting from the sole negligence of the Federal Government or the State.
Method C—The Agency may submit vouchers to the State in the format No liability shall attach to the State or Federal Government except as expressly
provided herein.
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 XII. Nondiscrimination Provision
directly attributable and properly allocable to this project.Expenditures by The Agency hereby agrees that it will incorporate or cause to be incorporated
the Local Agency for maintenance,general administration,supervision,and into any contract for construction work,or modification thereof,as defined in the
other overhead shall not be eligible for Federal participation unless claimed rules and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is
under a previously approved indirect cost plan. paid for in whole or in part with funds obtained from the Federal Government or
The State shall reimburse the Agency for the Federal share of eligible borrowed on the credit of the Federal Government pursuant to a grant,contract,
project costs up to the amount shown on the face of this agreement.At the loan, insurance,or guarantee or understanding pursuant to any federal program
time of audit,the Agency will provide documentation of all costs incurred on involving such grant,contract,loan,insurance,or guarantee,the required
the project. contract provisions for Federal-Aid Contracts(FHWA 1273),located in Chapter
p J °. 44 of the Local Agency Guidelines.
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 The Agency further agrees that it will be bound by the above equal
by the State to the Agency for project costs which are subsequently opportunity clause with respect to c its own employment practices when it
determined to be ineligible for federal participation(see Section IX). participates in federally assisted construction work: Provided,that the
applicant so participating is a State or Local Government,the above equal
VII. Audit of Federal Consultant Contracts opportunity clause is not applicable to any agency,instrumentality,or subdivision
The Agency,if services of a consultant are required,shall be responsible of such government which does not participate in work on or under the contract.
for audit of the consultant's records to determine eligible federal aid costs The Agency also agrees:
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. (1) To assist and cooperate actively with the State in obtaining the compliance
An audit shall be conducted by the WSDOT Internal Audit Office in of contractors and subcontractors with the equal opportunity clause and rules,
accordance with generally accepted governmental auditing standards as
regulations,and relevant orders of the Secretary of Labor.
issued by the United States General Accounting Office by the Comptroller (2) To furnish the State such information as it may require for the supervision
General of the United States;WSDOT Manual M 27-50,Consultant of such compliance and that it will otherwise assist the State in the discharge of
Authorization.Selection,and Agreement Administration:memoranda of its primary responsibility for securing compliance.
understanding between WSDOT and FHWA;and Office of Management
and Budget Circular A-133. (3) To refrain from entering into any contract or contract modification subject
to Executive Order 1 1246 of September 24, 1965,with a contractor debarred
If upon audit it is found that overpayment or participation of federal from,or who has not demonstrated eligibility for,government contracts and
money in ineligible items of cost has occurred,the Agency shall reimburse federally assisted construction contracts pursuant to the Executive Order.
the State for the amount of such overpayment or excess participation(see (4) To carry out such sanctions and penalties for violation of the equal
Section IX). opportunity clause as may be imposed upon contractors and subcontractors by
VIII. Single Audit Act the State,Federal Highway Administration,or the Secretary of Labor pursuant to
The Agency,as a subrecipient of federal funds,shall adhere to the federal Part II,subpart D of the Executive Order.
Office of Management and Budget(OMB)Circular A-133 as well as all In addition,the Agency agrees that if it fails or refuses to comply with these
applicable federal and state statutes and regulations. A subrecipient who undertakings,the State may take any or all of the following actions:
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 (a) Cancel,terminate,or suspend this agreement in whole or in part;
for that year in accordance with the provisions of OMB Circular A-133. (b) Refrain from extending any further assistance to the Agency under the
Upon conclusion of the A-133 audit,the Agency shall be responsible for program with respect to which the failure or refusal occurred until satisfactory
ensuring that a copy of the report is transmitted promptly to the State. assurance of future compliance has been received from the Agency; and
IX. Payment of Billing (c) Refer the case to the Department of Justice for appropriate legal
The Agency agrees that if payment or arrangement for payment of any proceedings.
of the State's billing relative to the project(e.g.,State force work,project XIII. Liquidated Damages
cancellation,overpayment,cost ineligible for federal participation,etc.) is
not made to the State within 45 days after the Agency has been billed,the The Agency hereby agrees that the liquidated damages provisions of 23
State shall effect reimbursement of the total sum due from the regular CFR Part 630,Subpart 305,as supplemented,relative to the amount of ,
monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. Federal participation in the project cost,shall be applicable in the event the
No additional Federal project funding will be approved until full payment is contractor fails to complete the contract within the contract time. Failure to
received unless otherwise directed the the Assistant Secretary for include liquidated damages provision will not relieve the Agency from
Highways and Local Programs. reduction of federal participation in accordance with this paragraph.
DOT Form 140-039 EF 3
Revised 12/99
XIV..Termination for Public Conve a XVI. Certification arding the Restrictions of the Use
The Secretary of the Washington State De of Federal Ft for Lobbying
nt of Transportation The approving authority certifies,to the best of his or her knowledge and
may terminate the contract m whole,or from time to time m part,whenever: belief,that:
(1) The requisite federal funding becomes unavailable through failure of (1) No federal appropriated funds have been paid or will be paid,by or on
appropriation or otherwise. behalf of the undersigned,to any person for influencing or attempting to
(2) The contractor is prevented from proceeding with the work as a influence an officer or employee of any federal agency,a member of Congress,
direct result of an Executive Order of the President with respect to the an officer or employee of Congress,or an employee of a member of Congress in
prosecution of war or in the interest of national defense,or an Executive connection with the awarding of any federal contract,the making of any federal
Order of the President or Governor of the State with respect to the grant,the making of any federal loan,the entering into of any cooperative
preservation of energy resources. agreement,and the extension,continuation,renewal,amendment,or
(3) The contractor is prevented from proceeding with the work by modification of any federal contract,grant,loan,or cooperative agreement.
reason of a preliminary,special,or permanent restraining order of a court (2) If any funds other than federal appropriated funds have been paid or will
of competent jurisdiction where the issuance of such order is primarily be paid to any person for influencing or attempting to influence an officer or
caused by the acts or omissions of persons or agencies other than the employee of any federal agency,a member of Congress,an officer or
contractor. employee of Congress,or an employee of a member of Congress in connection
(4) The Secretary determines that such termination is in the best interests with this federal contract,grant,loan,or cooperative agreement,the
of the State. undersigned shall complete and submit the Standard Form-LLL,"Disclosure
Form to Report Lobbying,"in accordance with its instructions.
XV. Venue for Claims and/or Causes of Action (3) The undersigned shall require that the language of this certification be
For the convenience of the parties to this contract,it is agreed that any included in the award documents for all subawards at all tiers(including
claims and/or causes of action which the Local Agency has against the subgrants,and contracts and subcontracts under grants,subgrants,loans,and
State of Washington,growing out of this contract or the project with which cooperative agreements)which exceed$100,000,and that all such subrecipients
it is concerned,shall be brought only in the Superior Court for Thurston shall certify and disclose accordingly.
County. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification as a prerequisite for making or entering into this transaction
imposed by Section 1352,Title 31,U.S.Code. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than$10,000
and not more than$100,000 for each such failure.
Additional Provisions
DOT Form 140-039 EF 4
Revised 12/99
Washington State cal Agency Federal Aid
VAP 9 CAG-00-048
Department of Transpation Project Prospectus
Prefix Route
Federal Aid
Project Number [Date 5/25/2000
Local Agency WSDOT Federal Employer
Project Number (Use Only) Tax ID Number 91-6001271
Agency Federal Program Title
Renton ® 20.205 [__1 20.209 [1 Other
Project Title
I-405/NE 44th Multi-Modal Interchange Study
Project Termini From To
I-405 and NE 44th
From: To: Length of Project Award Type
MP 6.75 MP 7.25 0.50 miles ❑ Local ❑ Local Forces ® State ❑ Railroad
Federal Agency City Number County Number County Name WSDOT Region
® FHWA ❑ Others 1070 17 King NW
Congressional District Legislative Districts 7,r ban Area Number TMA/MPO/RTPO
8th 41st PSRC
Total Local Agency Federal Funds Phase Start
Phase Estimated Cost Funding Date
(Nearest Hundred Dollar) (Nearest Hundred Dollar) (Nearest Hundred Dollar) Month Year
P.E. $2,598,000 $2,259,000 $339,000 6/00
R/W
Const.
Total $2,598,000 $2,259,000 $339,000
Description of Existing Facility (Existing Design and Present Condition)
Roadway Width Number of Lanes
Interchange I-405 -4 plus 2 HOV; NE 44th-2 lanes
I-405 at NE 44th is a substandard modified diamond freeway interchange with on and off ramps from all directions.
There are no signals; there is stop control on freeway off ramps and side street. The existing freeway has no
shoulders and no special access treatment for HOV. NE 44th is a two lane collector arterial.
Description of Proposed Work
Roadway Width Number of Lanes
®New Construction ❑3-R El 2-R
Prepare a study to determine the feasibility of proposed revisions to the existing interchange to integrate
transportation access and circulation. The study will include Added Access Reports, and all preliminary
engineering and design file documentation required through 30% design. Proposed improvements include direct
access to I-405 HOV lanes, transit center, local circulation, shuttle system, local and regional bike and pedestrian
facilities,and improved transit service connections. Funding for this study is as follows: City of Renton-
$527,000;Federal - $339,000; WSDOT- $866,000; Developer- $866,000.
Local Agency Contact Person Title Phone
Sandra Meyer Transportation Systems Division Director 425-430-7242
Mailing Address City State Zip Code
1055 South Grady Way Renton WA 98055
By F, �
Design Approval Approving Authority
(CA Agencies Only) Title-W-"SP. I-G�1(C/f 7,UP&V_V'KDate G C "
DOT Form 140-101 EF Page 1 of 3
Revised 4/2000
CAG-00-048
Agency Project Title Date
Renton -t,7I-405/NE 44th Multi-Modal Interchange Study 5/25/2000
Geometric Design Data
Description Through Route Crossroad
®Principal Arterial ❑ Principal Arterial
Federal Urban ❑Minor Arterial Urban Minor Arterial
[I collector ®Collector
Functional
❑Major Collector [I Major Collector
Classification ❑ Rural ❑Minor Collector ❑ Rural ❑Minor Collector
❑Access Street/Road ❑Access Street/Road
Terrain ❑Flat ® Roll ❑Mountain ® Flat ❑Roll ❑Mountain
Posted Speed 60 25
Design Speed 70 35
Existing ADT 133,000(1998) 9,066(1999)
Design Year ADT 35,000 Included in through route
Design Year 2005 2005
Design Hourly Volume(DHV) 3,500 Included in through route
Accident- 3 Year Experience
Property Injury Accidents Fatal Accidents
Year Damage Number of Number of Number of Number of Total Number
Accidents Accidents Injuries Accidents Fatalities of Accidents
1996 19 23 28 0 0 42
1997 12 11 1 0 0 23
1998 15 10 3 0 0 25
Total Number of Accidents Attributable to Lack of having the Proposed Improvement
23 22 16 0 0 45
Performance of Work
Preliminary Engineering Will Be Performed By Others Agency
Consultant and WSDOT 100 % %
Construction Will Be Performed By Contract Agency
Contractor 100 % %
Environmental Classification
❑Final ®Preliminary
❑ Class I-Environmental Impact Statement(EIS) ❑ Class II-Categorically Excluded(CE)
❑ Project Involves NEPA/SEPA Section 404 ❑ Projects Requiring Documentation
Interagency Agreement (Documented CE)
® Class III-Environmental Assessment(EA)
® Project Involves NEPA/SEPA Section 404
Interagency Agreement
Environmental Considerations
Drainage impacts to May Creek (salmon-bearing stream) and Lake Washington will be evaluated.
DOT Form 140-101 EF Page 2 of 3
Revised 4/2000
•, CAG-00-048
Agency Project Title Date
Renton I-405/NE 44th Multi-Modal Interchange Study 5/25/2000
Right of Way
®No Right of Way Required ❑ Right of Way Required
*All construction required by the
contract can be accomplished El No Relocation El Relocation Required
within the existing right of way.
Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project
The structure of I-405 will be widened; the NE 44th overpass will be entirely replaced.
FAA Involvement
Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ® Yes ❑ No
Remarks
There is no impact to the Renton Municipal Airport; the project is not within any restrictive zones.
This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and is
not inconsistent with the agency's comprehensive plan for community development.
Agency City of Renton
Date
Mayor/
TTEST: JV
Marilyn tersen, City Clerk
DOT Form 140-101 EF Page 3 of 3
Revised 4/2000 9
'�► Washington State -0
VrFDepartment of Transpo ion �8
Local AgJncy Agreement
Agency City of Renton Project No.
Address 1, 055 South Grady Way Agreement No.
Renton, WA 98055 For OSC WSDOT Use Only
The Local Agency having complied,or hereby agreeing to comply,with the terms and conditions set forth in(1)Title 23,U.S.Code Highways,(2)the
regulations issued pursuant thereto,(3)Office of Management and Budget Circulars A-102 and A-128,(4)the policies and procedures promulgated by
the Washington'State Department of Transportation,and(5)the federal aid project agreement entered into between the State and Federal Government,
relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate
notification.Fed4al funds which are to be obligated for the project may not exceed the amount shown herein on line s,column 3,without written
authority by the Sate,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.
'4
Project Description
Name 1405/NT 44th Multi-Modal Interchange Length 0.5 mi
Termini I-405 and NE 44th
Description of Work
Prepare 30%design for revisions to the existing interchange to integrate transportation access and circulation.
Improvements incld4e: direct access for transit and carpools to freeway HOV lanes,a transit center,local circulation,a
shuttle system,local and regional bike and pedestrian facilities and improved connections with arterial and local transit
service.
Estimate of Funding
Type of Work (>> (2) (3)
Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a.Agency Work 20,000.00 4,000.00 16,000.00
b.Other Consultant 403,750.00 80,750.00 323,000.00
c.State Services
d.Total PE Cost Estimate(a+b+c) 423,750.00 84,750.00 339,000.00
Right of Way e.Agency Work
f.Other
g.State Services
h.Total R/W Cost Estimate(e+f+g)
Construction i.Contract
j.Other
k.Other .
I.Other
m.Total Contract Costs(i+j+k+l)
Construction Engineering
n.Agency Work
o.Other
p.State Forces
q.Total Construction Engineering(n+o+p)
r.Total Construction Cost Estimate(m+q)
s.Total Project Cost Estimate(d+h+r) 423,750.00 N4,750.001 339,000.00
*Federal participation In construction engineering(q)is limited to 15 percent of the total contract costs(line\int column 3).
The federal aid participation rate in this project will be determined by the Federal Government.The parties expect it will be
percent;however,it is understood that the rate may vary.The Local Agency agrees that this agreement is entered .with out relying upon any
representation by the state made outside of this contract,or contained herein,as to what the federal participation rate will be.It further agrees that it
will not condition any future actions with respect to the project covered by this agreement upon past,current,or future representations as to the federal
participation rate.The dollar amount of federal participation cannot exceed the amount shown in line s,column 3.All costs not reimbursed by the
Federal Government shall be the responsibility of the Local Agency.
DOT Form 140.039 EF 1
Revised 5197
Construction Method of Financi (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
Resolutionf 4dWa=a No. �fLs
Agency O 1 ial Washington State Department of Transportation
By By
Title Jesse Tanner, Mayor Assistant Secretary for TransAid
Date Executed
Provisions
I. Scope of Work years from the final payment of any federal aid funds to the Agency.Copies of said
The Agency shall provide all the work,labor,materials,and services necessary records shall be famished to the State and/or Federal Government upon request.
to perform the project which is described and set forth in detail in the"Project
Description"and"Type of work." V. Compliance with Provisions
When the State acts for and on behalf of the Agency,the State shall be deemed The Agency shall not incur any federal aid participation costs on any classification
an agent of the Agency and shall perform the services described and indicated in of work on this project until authorized in writing by the State for each
"Type of Work"on the face of this agreement,in accordance with plans and classification.The classifications of work for projects are:
specifications as proposed by the Agency and approved by the State and the
Federal Highway Administration. 1.Preliminary engineering up to and including approval.
When the State acts for the Agency but is not subject to the right of control by 27 Preparation of plans,specifications,and estimates.
the Agency,the State shall have the right to perform the work subject to the 3-Right of way acquisition.
ordinary procedures of the State and Federal Highway Administration. 4.Project construction.
II. Delegation of Authority In the event that right of way acquisition,or actual construction of the road,for
The State is willing to fulfill the responsibilities to the Federal Government by which preliminary engineering is undertaken is not started by the closing of the tenth
the administration of this project.The Agency agrees that the State shall have the fiscal year following the fiscal year in which the agreement is executed,the Agency
full authority to carry out this administration.The State shall review,process,and will repay to the State the sum or sums of federal funds paid to the Agency under the
approve documents required for federal aid reimbursement in accordance with terms of this agreement(see Section VIII).
federal requirements.If the State advertises and awards the contract,the State The Agency agrees that all stages of construction necessary to provide the initially
will further act for the Agency in all matters concerning the project as requested planned complete facility within the limits of this project will conform to at least the
by the Agency.If the Local Agency advertises and awards the project,the State minimum values set bytapproved statewide design standards applicable to this class
shall review the work to ensure conformity with the approved plans and of highways,even thougksuch additional work is financed without federal aid
specifications. participation.
Ill. Project Administration The Agency agrees that on federal aid highway construction projects,the current
federal aid regulations which a'ec ly to liquidated damages relative to the basis of
Certain types of work and services shall be provided by the State on this federal participation in the project:cost shall be applicable in the event the contractor
project as requested by the Agency and described in the Type of Work above.In fails to complete the contract withiik,,the contract time.
addition,the State will furnish qualified personnel for the supervision and
inspection of the work in progress.On Local Agency advertised and awarded VI. Payment and Partial Re!htbursement
projects,the supervision and inspection shall be limited to ensuring all work is in The total cost of the project,includingll review and engineering costs and
conformance with approved plans,specifications,and federal aid requirements. other expenses of the State,is to be paid by+the Agency and by the Federal
The salary of such engineer or other supervisor and all other salaries and costs Government.Federal funding shall be in acdord with the Intermodal Surface
incurred by State forces upon the project will be considered a cost thereof.All Transportation Efficiency Act 1991,Title 23;,United States Code,as amended,
costs related to this project incurred by employees of the State in the customary and Office of Management and Budget circuldrs A-102 and A-128.The State
manner on highway payrolls and vouchers shall be charged as costs of the shall not be ultimately responsible for any of th6,costs of the project.The Agency
project. shall be ultimately responsible for all costs associated with the project which are
IV. Availability of Records not reimbursed by the Federal Government.Nothing in this agreement shall be
All project records in support of all costs incurred and actual expenditures construed as a promise by the State as to the amount or nature of federal
kept by the Agency are to be maintained in accordance with procedures Participation in this project.
prescribed by the Division of Municipal Corporations of the State Auditor's 1.Preliminary Engineering,Right of Way Acquisition,and Audit Costs
Office,the U.S.Department of Transportation,and the Washington State The Agency will pay for Agency incurred costs on the project.Following such
Department of Transportation.The records shall be open to inspection by the payments,vouchers shall be submitted to the State in the format prescribed by the
State and Federal Government at all reasonable times and shall be retained and State,in quadruplicate,not more than one per month.The State will reimburse the
made available for such inspection for a period of not less than three Agency up to the amount shown on the face of this agreement for those costs
DOT Forth 140-039 EF 2
Revised 5/97
eligible for federal participation to the extent that suds are directly VIII. Payment of Billit
attributable and properly allocable to this project.Ex tures by the Local The Agency agrees that if menu or arrangement for payment of any of the
Agency for the establishment,maintenance,general administration,supervision, State's billing relative to the project(e.g.,State force work,project cancellation,
and other overhead shall not be eligible for federal participation. overpayment,cost ineligible for federal participation,etc.)is not made to the State
The State will pay for State incurred costs on the project.Following within 45 days after the Agency has been billed,the State shall effect
payment,the State shall bill the Federal Government for reimbursement of reimbursement of the total sum due from the regular monthly fuel tax allotments to
those costs eligible for federal participation to the extent that such costs are the Agency from the Motor Vehicle Fund. No additional Federal project funding
attributable and properly allocable to this project.The State shall bill the will be approved until full payment is received unless otherwise directed the the
Agency for that portion of State costs which were not reimbursed by the Assistant Secretary for TransAid.
Federal Government(see Section VIII). IX. Traffic Control,Signing, Marking,and Roadway
The State will pay for State incurred costs on the project.Following payment, Maintenance
the State shall bill the Federal Government for reimbursement of those costs The Agency will not permit any changes to be made in the provisions for parking
eligible for federal participation to the extent that such costs are attributable and regulations and traffic control on this project without prior approval of the State and
properly allocable h this project.The State shall bill the Agency for that portion Federal Highway Administration. The Agency will not install or
of State costs which were not reimbursed by the Federal Government(see g Y 8 Y permit to be
Section VIII). { installed any signs,signals,or markings not in conformance with the standards
9 approved by the Federal Highway Administration and MUTCD. The Agency will,
2. Project Construction Costs at its own expense,maintain the improvement covered by this agreement.
Project construction financing will be accomplished by one of the three
methods as indicated in this agreement. X. Indemnity
Method A—The Agency will place with the State,within(20)days after the The Agency shall hold the Federal Government and the State harmless from and
execution of the construction contract,an advance in the amount of the shall process and defend at its own expense all claims,demands,or suits,whether at
Agency's share of the total construction cost based on the contract award.The law or equity brought against the Agency,State,or Federal Government,arising
State will notify the Agency of the exact amount to be deposited with the State. from the Agency's execution,performance,or failure to perform any of the
The State will pay all costs incurred under the contract upon presentation of provisions of this agreement,or of any other agreement or contract connected with
progress billings from the contractor.Following such payments,the State will this agreement,or arising by reason of the participation of the State or Federal
submit a billing to the Federal Government for thg federal aid participation Government in the project,PROVIDED,nothing herein shall require the Agency to
share of the cost.When the project is substantially completed and final actual reimburse the State or the Federal Government for damages arising out of bodily
costs of the project can be determined,the State wilRpresent the Agency with a injury to persons or damage to property caused by or resulting from the sole
final billing showing the amount due the State or the+ipount due the Agency. negligence of the Federal Government or the State.
This billing will be cleared by either a payment from th Agency to the State or No liability shall attach to the State or Federal Government except as expressly
by a refund from the State to the Agency. t provided herein.
Method B— The Agency's share of the total construction st as shown on XI. Nondiscrimination Provision
the face of this agreement shall be withheld from its monthly fu4;tax The Agency hereby agrees that it will incorporate or cause to be incorporated into
allotments.The face of this agreement establishes the months in whitich the any contract for construction work,or modification thereof,as defined in the rules
withholding shall take place and the exact amount to be withheld each month. and regulations of the Secretary of Labor at 41 CFR Chapter 60,which is paid for in
The extent of withholding will be confirmed by letter from the State at the time whole or in part with funds obtained from the Federal Government or borrowed on
of contract award.Upon receipt of progress billings from the contractor,the . the credit of the Federal Government pursuant to a grant,contract,loan,insurance,
State will submit such billings to the Federal Government for payment of its or guarantee or understanding pursuant to any federal program involving such grant,
participating portion of such billings. contract,loan,insurance,or guarantee,the following equal opportunity clause:
Method C—The Agency may submit vouchers to the State in the format
prescribed by the State,in quadruplicate,not more than once per month for "DURING THE PERFORMANCE OF THIS CONTRACT,THE
those costs eligible for Federal participation to the extent that such costs are CONTRACTOR AGREES AS FOLLOWS:"
directly attributable and properly allocable to this project.Expenditures by the (a) The contractor will not discriminate against any employee or applicant for
Local Agency for the establishment,maintenance,general administration, employment because of race,color,religion,sex,or national origin. The contractor
supervision,and other overhead shall not be eligible for Federal participation. will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race,color,
The State shall reimburse the Agency for the Federal share of eligible project religion,sex,or national origin. Such action shall include,but not be limited to,the
costs up to the amount shown on the face of this agreement.At the time of following:employment,upgrading,demotion or transfer;recruitment or recruitment
audit,the Agency will provide documentation of all costs incurred on the advertising;layoffs or termination;rates of pay or other forms of compensation,and
project. selection for training,including apprenticeship. The contractor agrees to post in
conspicuous places,available to employees and applicants for employment,notices
The State shall bill the Agency for all costs incurred by the State relative to to be provided by the Agency setting forth the provisions of this nondiscrimination
the project.The State shall also bill the Agency for the federal funds paid by clause.
the State to the Agency for project costs which are subsequently determined to
be ineligible for federal participation(see Section VIII). (b) The contractor will,in all solicitations or advertisements for employees
placed by or on behalf of the contractor,state that all qualified applicants will
VII. Audit of Federal Aid Project receive consideration for employment*ithout regard to race,color,religion,sex
or national origin. '
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 (c) The contractor will send to each lab r union or representative of workers
project. The report of said audit shall be in the Agency's files and made with which he has a collective bargalning�a¢eement or other contract or
available to the State and the Federal Government. understanding,a notice to be provided by the ftency advising the said labor union
An audit shall be conducted by the WSDOT Internal Audit Office in or workers'representative of the contractor's commitments under this Section 11-2
accordance with generally accepted governmental auditing standards as issued and shall post copies of the notice in conspicuousplaces available to employees
by the United States General Accounting Office by the Comptroller General and applicants for employment.
of the United States;WSDOT Directive D 27-50,Consultant Authorization, (d) The contractor will comply with all provisions of Executive Order 11246 of
Selection,and Agreement Administration;memoranda of understanding September 24,1965,and of the rules,regulations,and relevant orders of the
between WSDOT and FHWA;and Office of Management and Budget Secretary of Labor.
Circular A-128.
(e) The contractor will furnish all information and reports required by Executive
If upon audit it is found that overpayment or participation of federal money Order 11246 of September 24,1965,and by the rules and regulations and orders of
in ineligible items of cost has occurred,the Agency shall reimburse the State the Secretary of Labor,or pursuant thereto,and will permit access to his books,
for the amount of such overpayment or excess participation(see Section VIII). records,and accounts by the Federal Highway Administration and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules,
regulations,and orders.
DOT Form 140-039 EF 3
Revised 5197
(f) In the event of the contractor's noncompliancethe X11. Liquidated Dama .
nondiscrimination clauses of this contract or with an Quppended rules,regulations or The Agency hereby agrees the liquidated damages provisions of 23 CFR
orders,this contract may be canceled,terminated,or in whole or in part 630,Subpart 305,as supplemented,relative to the amount of Federal
part and the contractor may be declared ineligible for further government participation in the project cost,shall be applicable in the event the contractor fails
contracts or federally assisted construction contracts in accordance with to complete the contract within the contract time. Failure to include liquidated
procedures authorized in Executive Order 11246 of September 24,1965,and damages provision will not relieve the Agency from reduction of federal
such other sanctions may be imposed and remedies invoked as provided in participation in accordance with this paragraph.
Executive Order 11246 of September 24,1965,or by rule,regulation,or order
of the Secretary of Labor,or as otherwise provided by law. XIII. Termination for Public Convenience
The Secretary of the Washington State Department of Transportation may
(g) The contractor will include the provisions of this Section 11-2 in every terminate the contract in whole,or from time to time in part,whenever:
subcontract or purchase order unless exempted by rules,regulations.or orders
of the Secretary of Labor issued pursuant to Section 204 of Executive Order (1) The requisite federal funding becomes unavailable through failure of
11246 of September 24,1965,so that such provisions will be binding upon appropriation or otherwise.
each subcontractor or vendor. The contractor will take such action with (2) The contractor is prevented from proceeding with the work as a direct result
respect to any subcontract or purchase order as the Agency,Washington State of an Executive Order of the President with respect to the prosecution of war or in
Department of Transportation,or Federal Highway-Administration may direct the interest of national defense,or an Executive Order of the President or Governor
as a means of enforcing such provisions including suctions for of the State with respect to the preservation of energy resources.
noncompliance: Provided,however,that in the event a contractor becomes
involved in,or is threatened with,litigation with a subcontractor,he may (3) The contractor is prevented from proceeding with the work by reason of a
request the United States to enter into such litigation to protect the interests of preliminary,special,or permanent restraining order of a court of competent
the United States. jurisdiction where the issuance of such order is primarily caused by the acts or
The Agency further agrees that it will be bound by the above equal omissions of persons or agencies other than the contractor.
opportunity clause with respect to its own employment practices when it (4) The Secretary determines that such termination is in the best interests of the
participates in federally assisted construction work: Provided,that if the State.
applicant so participating is a State or Local Government,the above equal XiV. Venue for Claims and/or Causes of Action
opportunity clause is not applicable to any agency,instrumentality,or
subdivision of such government which does not participate in work on or For the convenience of the parties to this contract,it is agreed that any claims
under the contract. 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,
The Agency also agrees: shall be brought only in the Superior Court for Thurston County.
(1) To assist and cooperate actively with the State in obtaining the XV. Certification Regarding the Restrictions of the Use
compliance of contractors and subcontractors with the equal opportunity clause In Of Federal Funds for Lobbying
and rules,regulations,and relevant orders of the Secretary of Labor: Y g
(2) To furnish the State such information as it may require for the The approving authority certifies,to the best of his or her knowledge and belief,
supervision of such compliance and that it will otherwise assist the State in the that:
discharge of its primary responsibility for securing compliance. (1) No federal appropriated funds have been paid or will be paid,by or on behalf
(3) To refrain from entering into any contract or contract modification of the undersigned,to any person for influencing or attempting to influence an
subject to Executive Order 11246 of September 24,1965,with a contractor officer or employee of any federal agency,a member of Congress,an officer or
debarred from,or who has not demonstrated eligibility for,government employee of Congress,or an employee of a member of Congress in connection with
contracts and federally assisted construction contracts pursuant to the the awarding of any federal contract,the making of any federal grant,the making of
Executive Order. any federal loan,the entering into of any cooperative agreement,and the extension,
continuation,renewal,amendment,or modification of any federal contract,grant,
(4) To carry out such sanctions and penalties for violation of the equal loan,or cooperative agreement.
opportunity clause as may be imposed upon contractors and subcontractors by
the State,Federal Highway Administration,or the Secretary of Labor pursuant (2) If any funds other than federal appropriated funds have been paid or will be
to Part II,subpart D of the Executive Order. 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,
In addition,the Agency agrees that if it fails or refuses to comply with these or an employee of a member of Congress in connection with this federal contract,
undertakings,the State may take any or all of the following actions: grant,loan,or cooperative agreement,the undersigned shall complete and submit
(a) Cancel,terminate,or suspend this agreement in whole or in part; the Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance
(b) Refrain from extending any further assistance to the Agency under the with its instructions.
program with respect to which the failure or refusal occurred until satisfactory (3) The undersigned shall require that the language of this certification be
assurance of future compliance has been received from the Agency;and 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
(c) Refer the case to the Department of Justice for appropriate legal and disclose accordingly.
proceedings. This certification is a material representation of fact upon which reliance was
placed when this transaction was made dz,entered into. Submission of this
certification as a prerequisite for making 0" entering into this transaction imposed
by Section 1352,Title 31,U.S.Code. Any son who fails to file the required
certification shall be subject to a civil penalty bnot less than$10,000 and not more
than$100,000 for each such failure.
Additional Provisions
DOT Form 140-039 EF 4
Revised 5/97
'111111111111111` Local Agency Federal Aid
Washington State P"% on'1111k
M of Transp&4Wition 4 Project Prospectus
Prefix Route
Federal Aid
Project Number 1338 Date 2/21/2000
Local Agency WSDOT Federal Employer
Project Number (Use Only) Tax ID Number 91-6001271
Agency Federal Program Title
City of Renton ❑ 20.204 ® 20.205 ❑ 20.206 ❑ 20.209 ❑ Other
Project Title
I-405/NE 44th Multi-Modal Interchange
Project Termini From To
Intersection of I-405 and NE 44th
From: To: Length of Project Award Type
MP 6.75 MP 7.25 0.5.miles ❑ Local ❑ Local Forces ® State ❑ Railroad
Federal Agency City Number County Number County Name WSDOT Region
IN FHwA ❑ Others I 1 1 17 1 King NW
Congressional District Legislative Districts Urban Area Number TMA/MPO/RTPO
8th 41st 1 PSRC
Total Local Agency Phase.Start
Phase Estimated Cost Funtling Federal funds bate ,
(Nearest Hundred Dollar) (Ne undred'Dollar) (Nearest Hundred Dollar) Month Year
P.E. $5,100,000 $4,761,000 $339,000 3/00
R/W $0
Const. $34,400,000 .`"$34,400,000
Total $39,500,000 $ ,161,000 $339,000
h
DesCrption of EXlsting Faclltty'Ext ng Desi and Present Condition)
�, ..
Roadway Width � Number of Lanes
Interchange % -4 plus 2 HOV; 44th - 2 lanes
I-405 at NE 44th is a substandard modified diamond freeway interchange with on and off ramps for all
directions. There are no signals; there is stop control on freeway off ramps and side street. The existing
freeway has no shoulders and no special access treatment for IJOV. NE 44th is two lane collector
arterial.
.Fe, xr L 4 � l-w 5 o.��'X✓.+y� ��v-e'��,� �X �� �r +s F�5 �y w a.#'-
�es�ptta�n �f Propkosed `VUorlc
w .,
Roadway Width Number of Lanes
®New Construction [13-11 ❑2-R
Design for revisions to the existing interchange to integrate transportation access and circulation.
Improvements include: direct access for transit and carpools to freeway HOV\lanes, a transit center, local
circulation, a shuttle system, local and regional bike and pedestrian facilities ail improved connections
with arterials and local transit services.
Local Agency Contact Person Title Phone
Lee Haro Planning and Programming Manager 425-430-7217
Mailing Address City State Zip Code
1055 So Grady Way Renton WA 98055
Design Approval By proving Authority
(CA Agencies Only) Title Transportation Design Supervisor Date 2/23/00
DOT Form 140-101 EF Page 1 of 3
Revised 6/99
rAgenq, Proje ct Title Date
f Renton I-405/NE 44th Multi-Modal Interch ge 2/21/2000
Geometric Design Data
Description Through Route Crossroad
®Principal Arterial ❑Principal Arterial
Federal ® Urban ❑Minor Arterial ®Urban ❑Minor Arterial
❑Collector ®Collector
Functional
❑Major Collector ❑Major Collector
Classification ❑Rural ❑Minor Collector ❑Rural ❑Minor Collector
❑Access Street/Road ❑Access Street/Road
Terrain ❑Flat ®Roll ❑Mountain ®Flat ❑Roll
❑Mountain
Posted Speed 60 25
Design Speed 70 35
Existing ADT 133,000(1998) 9,066(1999)
Design Year ADT 35,000 Included in Through Route
Design Year 2005 2005
Design Hourly Volume(DHV) 3,500 Included in Through Route
Accident .3 Year Experience
Property Injury Accidents Fatal Accidents
Year Damage Number of Number of Number of Number of Total Number
Accidents Accidents Injuries Accidents Fatalities of Accidents
1996 19 23 ` 28 0 0 42
1997 12 11 1 0 0 23
1998 15 10 3 0 1 0 25
Total'Number of-Adcidents Atfrjbtitatil6 to t_ `ck of fia"Ving the Pro" osed Im rovemerit
.......:.. ...
23 1 22 16 1 45
Performance flf Work x s ° r k
� -
Preliminary Engineering Will Be Performed By N Others Agency
Consultant&WSDOT 100 % %
Construction Will Be Performed By Contract Agency
Contractor 100 % %
OV'N�" aW� s �f lScra P �lo"n
❑Final ®Preliminary
❑ Class I-Environmental Impact Statement(EIS) ❑ Class II-CategoriC�lly Excluded(CE)
❑ Project Involves NEPA/SEPA Section 404 ❑ Projects Requiring Documentation
Interagency Agreement (Documented CE)\
® Class III-Environmental Assessment(EA)
® Project Involves NEPA/SEPA Section 404
Interagency Agreement
Environmental Considerations
Drainage impacts to May Creek(salmon-bearing stream) and Lake Washington will be evaluate
DOT Form 140-101 EF Page 2 of 3
Revised 6/99
Agency Project Title Date
City of Renton I-405/NE 44th Multi-Modal Interchange 2/17/2000
Right of Way
®No Right of Way Required ❑Right of Way Required
*All construction required by the
contract can be accomplished El No Relocation ❑Relocation Required
within the existing right of way.
Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project
The structure of I-405 needs to be widened; the NE 44th overpass will be entirely replaced.
FAA Involvement
Is any airport located within 3.2 kilometers (2 miles) of,the proposed project? ® Yes ❑ No
Remarks
There is no impact to the Renton Municipal Airport; the project is not within any restrictive zones.
This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and is
not inconsistent with the agency's comprehensive plan for community development.
r.
Agency City of Renton
Date a-t' By
MayouChairperson
DOT Form 140-101 EF Attest:
3 Pa e 3 of 'nom
Revised 6/99 9
M yn etersen, City Clerk