HomeMy WebLinkAboutContract RFCEI
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Washington State -,iT"r O PIE NI -` Trans ortation BI Tran, °nation
•, Department of Transportation 310 Maple Park Avenue S.E. ms Div.
Douglas B. MacDonald P.O.Box 47300
Secretary of Transportation Olympia,WA 98504-7300
360-705-7000
TTY: 1-800-833-6388
www.wsdot.wa.gov
May 18, 2005 CITY OF RENTON
Mr. Greg Zimmerman MAY 2 5 2005
Public Works Administrator RECEIVED
City of Renton CITY CLERK'S OFFICE
1055 S. Grady Way
Renton, WA 98055-3232
City of Renton
Maple Valley Highway(SR 169) 6A a
HOV Lanes and Queue Jump (Phase 1)
STPUL-0169(019)
FUND AUTHORIZATION
Dear Mr an:
We have received FHWA fund authorization, effective May 18, 2005, for this project as
follows:
PHASE TOTAL FEDERAL SHARE
Construction $1,150,000 $392,947
Enclosed for your information and file is a fully executed copy of Local Agency
Agreement LA-5899 between the state and your agency.
You may proceed with the administration of this project in accordance with your
WSDOT approved Certification Acceptance agreement.
Sincerely,
— � . a : ca�
Stephanie Tax
Manager, Program Management
Highways &Local Programs Division
ST:ds:ac
Enclosure
cc: Ed Con ers, No hwest Region Local Programs Engineer, MS NB82-121
CAG-04-146
Washington State
Department of Transportatibw AM Locarw4gency Agreement
Agency City of Renton CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Address 1055 South Grady Way Project No. --ST P l-- 616 0/�)
Renton, WA 98055 Agreement No. --__For OSC WSDOT Use Only
The Local Agency having complied,or hereby agreeing to comply,with the terns 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 Maple Valley Hwy(SR 169)HOV Lanes& Queue Jump Improvements, Ph. 1 Length 0.65 miles
Termini Interstate 405 Ramp Area and 140th Way SE
Description of Work
Ph. 1: Install new signal; relocate Park entrance away from 1-405 ramps(approx. 670 feet); construct mitigating
measures. (Ph. 2: Construct an eastbound drop right-turn and acceleration lane(approx. 1,000 ft.), a westbound
right-turn and queue jump lane(approx. 1,500 ft.),traffic islands; modify and interconnect signals;provide transit
priority;widen sidewalks. Ph. 3: 140th Way SE, construct eastbound right-turn lane and westbound HOV lane.)
Estimate of Funding
Type of Work (2) (s)
Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a.Agency
b. Other
c. Other
Federal Aid
Participation d. State
Ratio for PE e.Total PE Cost Estimate a+b+c+d
Right of Way f.Agency
% -g, Other.-____
h. Other
Federal Aid -- - --
Participation i. State
- - - --- —
Ratio for RW •. Total R/W Cost Estimate f+ +h+i
Construction N. Contract !,000,000.00, 341,693.00
I. Other Consultant 45,000.00 29,624.00 15,376.00
m. Other Franchise Utilities 60,000.00 39,498.00 20,502.00
n. Other
34.17 % o.A enc 35,000.001 23,041.00; 11,959.00
--- g -_y- _
Federal Aid
Participation p. State 10 000.00 6,583.00 3 ---- -
Ratio for CN q.Total CN Cost Estimate k+l+m+n+o+ 1,150,000.00 757,053.00 392,947.00
r.Total Project Cost Estimate(e+j+q) 1,150,000.00 757,053.00 392,947.00
Agency Official Washington State Department of Transportation
By C� Y =�1 W��� By
Title Kathy Keolker-Wheeler, , c L Assistant Secretary for Highways and Local Programs
Attest: -jLyu�;� � 00y Date Executed MAY 17 2005
Bonnie I. Walton, City Clerk
DOT Form 140-039 EF
Revised 01/2004
Construction Method of Financir4%,4 (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
December 6 2004 Resolution/Ordinance No. 3725
Provisions
I. Scope Of Work 1.Preliminary engineering.
The Agency shall provide all the work,labor,materials,and services necessary 2.Right of way acquisition.
to perform the project which is described and set forth in detail in the"Project 3.Project construction.
Description"and"Type of Work."
In the event that right of way acquisition,or actual construction of the road,
When the State acts for and on behalf of the Agency, the State shall be for which preliminary engineering is undertaken is not started by the closing of
deemed an agent of the Agency and shall perform the services described and the tenth fiscal year following the fiscal year in which the agreement is
indicated in"Type of Work"on the face of this agreement, in accordance with executed,the Agency will repay to the State the sum or sums of federal funds
plans and specifications as proposed by the Agency and approved by the State paid to the Agency under the terms of this agreement(see Section IX).
and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by The Agency agrees that all stages of construction necessary to provide the
the Agency, the State shall have the right to perform the work subject to the initially planned complete facility within the limits of this project will conform
ordinary procedures of the State and Federal Highway Administration. to at least the minimum values set by approved statewide design standards
applicable to this class of highways, even though such additional work is
II. Delegation Of Authority financed without federal aid participation.
The State is willing to fulfill the responsibilities to the Federal Government by The Agency agrees that on federal aid highway construction projects, the
the administration of this project.The Agency agrees that the State shall have the current federal aid regulations which apply to liquidated damages relative to the
full authority to carry out this administration. The State shall review, process, basis of federal participation in the project cost shall be applicable in the event
and approve documents required for federal aid reimbursement in accordance the contractor fails to complete the contract within the contract time.
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 VI. Payment and Partial Reimbursement
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 The total cost of the project, including all review and engineering costs and
specifications. 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
III. Project Administration Equity Act for the 21st Century (TEA 21), as amended, and Office of
Certain types of work and services shall be provided by the State on this Management and Budget circulars A-102,A-87 and A-133.The State shall not
project as requested by the Agency and described in the Type of Work above.In be ultimately responsible for any of the costs of the project.The Agency shall be
addition. the State will furnish qualified personnel for the supervision and ultimately responsible for all costs associated with the project which are not
inspection of the work in progress. On Local Agency advertised and awarded reimbursed by the Federal Government. Nothing in this agreement shall be
projects,the supervision and inspection shall be limited to ensuring all work is in construed as a promise by the State as to the amount or nature of federal
conformance with approved plans,specifications,and federal aid requirements. participation in this project.
The salary of such engineer or other supervisor and all other salaries and costs The Agency shall bill the state for federal aid project costs incurred in
incurred by State forces upon the project will be considered a cost thereof.All conformity with applicable federal and state laws. The agency shall mimimize
costs related to this project incurred by employees of the State in the customary the time elapsed between receipt of federal aid funds and subsequent payment of
manner on highway payrolls and vouchers shall be charged as costs of the incurred costs. Expenditures by the Local Agency for maintenance, general
project. administration,supervision,and other overhead shall not be eligible for federal
IV. Availability of Records participation unless an indirect cost plan has been approved by WSDOT.
All project records in support of all costs incurred and actual expenditures kept The State will pay for State incurred costs on the project.Following payment,
by the Agency are to be maintained in accordance with local government the State shall bill the Federal Government for reimbursement of those costs
accounting procedures prescribed by the Washington State Auditor's Office,the eligible for federal participation to the extent that such costs are attributable and
U.S. Department of Transportation, and the Washington State Department of properly allocable to this project.The State shall bill the Agency for that portion
Transportation.The records shall be open to inspection by the State and Federal of State costs which were not reimbursed by the Federal Government (see
Government at all reasonable times and shall be retained and made available for Section IX).
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 1. Project Construction Costs
the State and/or Federal Government upon request. Project construction financing will be accomplished by one of the three
V. Compliance with Provisions methods as indicated in this agreement.
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 01/2004
Method A—The Agency will place with the Stated martin(20)days after the X. Traffic Control,St+�g, Marking,and Roadway
execution of the construction contract,an advance in th�aamountofthe Agency's Maintenance
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 The Agency will not permit any changes to be made in the provisions for
will pay all costs incurred under the contract upon presentation of progress parking regulations and traffic control on this project without prior approval of
billings from the contractor. Following such payments, the State will submit a the State and Federal Highway Administration. The Agency will not install or
billing to the Federal Government for the federal aid participation share of the permit to be installed any signs, signals,or markings not in conformance with
cost. When the project is substantially completed and final actual costs of the the standards approved by the Federal Highway Administration and MUTCD.
project can be determined,the State will present the Agency with a final billing The Agency will,at its own expense,maintain the improvement covered by this
showing the amount due the State or the amount due the Agency. This billing agreement.
will be cleared by either a payment from the Agency to the State or by a refund
from the State to the Agency. XI. Indemnity
The Agency shall hold the Federal Government and the State harmless from
Method B— The Agency's share of the total construction cost as shown on and shall process and defend at its own expense all claims, demands,or suits,
the face of this agreement shall be withheld from its monthly fuel tax allotments. whether at law or equity brought against the Agency, State, or Federal
The face of this agreement establishes the months in which the withholding shall Government, arising from the Agency's execution, performance, or failure to
take place and the exact amount to be withheld each month. The extent of perform any of the provisions of this agreement, or of any other agreement or
withholding will be confirmed by letter from the State at the time of contract contract connected with this agreement,or arising by reason of the participation
award. Upon receipt of progress billings from the contractor, the State will of the State or Federal Government in the project,PROVIDED,nothing herein
submit such billings to the Federal Government for payment of its participating shall require the Agency to reimburse the State or the Federal Government for
portion of such billings. 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.
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 X11. Nondiscrimination Provision
costs eligible for Federal participation to the extent that such costs are directly
attributable and properly allocable to this project. Expenditures by the Local No liability shall attach to the State or Federal Government except as
Agency for maintenance,general administration,supervision,and other overhead expressly provided herein.
shall not be eligible for Federal participation unless claimed under a previously The Agency shall not discriminate on the basis of race,color,national origin,
approved indirect cost plan. or sex in the award and performance of any USDOT-assisted contract and/or
The State shall reimburse the Agency for the Federal share of eligible project agreement or in the administration of its DBE program or the requirements of
costs up to the amount shown on the face of this agreement.At the time of audit, 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under
the Agency will provide documentation of all costs incurred on the project. 49 CFR Part 26 to ensure nondiscrimination in the award and administration of
USDOT-assisted contracts and agreements. The WSDOT's DBE program, as
The State shall bill the Agency for all costs incurred by the State relative to the required by 49 CFR Part 26 and as approved by USDOT, is incorporated by
project. The State shall also bill the Agency for the federal funds paid by the reference in this agreement. Implementation of this program is a legal
obligation and failure to carry out its teens shall be treated as a violation of this
State to the Agency for project costs which are subsequently determined to be agreement. Upon notification to the Agency of its failure to carry out its
ineligible for federal participation(see Section IX). approved program,the Department may impose sanctions as provided for under
VII. Audit of Federal Consultant Contracts Part 26 and may,in appropriate cases,refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.
The Agency, if services of a consultant are required,shall be responsible for 3801 et seq.).
audit of the consultant's records to determine eligible federal aid costs on the The Agency hereby agrees that it will incorporate or cause to be incorporated
project. The report of said audit shall be in the Agency's files and made into any contract for construction work, or modification thereof, as defined in
available to the State and the Federal Government. the rules and regulations of the Secretary ary of Labor in 41 CFR Chapter 60,which
An audit shall be conducted by the WSDOT Internal Audit Office in is paid for in whole or in part with funds obtained from the Federal Government
accordance with generally accepted governmental auditing standards as issued by or borrowed on the credit of the Federal Government pursuant to a grant,
the United States General Accounting Office by the Comptroller General of the contract,loan,insurance,or guarantee or understanding pursuant to any federal
United States; WSDOT Manual M 27-50,Consultant Authorization, Selection, program involving such grant, contract, loan, insurance, or guarantee, the
and Agreement Administration;memoranda of understanding between WSDOT required contract provisions for Federal-Aid Contracts(FHWA 1273),located in
and FHWA;and Office of Management and Budget Circular A-133. Chapter 44 of the Local Agency Guidelines.
If upon audit it is found that overpayment or participation of federal money in The Agency further agrees that it will be bound by the above equal
ineligible items of cost has occurred,the Agency shall reimburse the State for the opportunity clause with respect to its own employment practices when it
amount of such overpayment or excess participation(see Section IX). 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
Vill. Single Audit Act subdivision of such government which does not participate in work on or under
The Agency, as a subrecipient of federal funds, shall adhere to the federal the contract.
Office of Management and Budget (OMB) Circular A-133 as well as all The Agency also agrees:
applicable federal and state statutes and regulations. A subrecipient who (1) To assist and cooperate actively with the State in obtaining the
expends $500,000 or more in federal awards from all sources during a given compliance of contractors and subcontractors with the equal opportunity clause
fiscal year shall have a single or program-specific audit performed for that year and rules,regulations,and relevant orders of the Secretary of Labor.
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 (2) To furnish the State such information as it may require for the
report is transmitted promptly to the State. supervision of such compliance and that it will otherwise assist the State in the
discharge of its primary responsibility for securing compliance.
IX. Payment of Billing (3) To refrain from entering into any contract or contract modification
The Agency agrees that if payment or arrangement for payment of any of the subject to Executive Order 11246 of September 24, 1965, with a contractor
State's billing relative to the project(e.g.,State force work,project cancellation, debarred from, or who has not demonstrated eligibility for, government
overpayment, cost ineligible for federal participation, etc.) is not made to the contracts and federally assisted construction contracts pursuant to the Executive
State within 45 days after the Agency has been billed, the State shall effect Order.
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 (4) To carry out such sanctions and penalties for violation of the equal
funding will be approved until full payment is received unless otherwise directed opportunity clause as may be imposed upon contractors and subcontractors by
the Assistant Secretary for Highways and Local Programs. the State,Federal Highway Administration,or the Secretary of Labor pursuant
to Part 11,subpart D of the Executive Order.
DOT Form 140-039 EF
Revised 01/2004 3
In addition,the Agency agrees that if it fails or refb40to comply with these XV. Venue for Claimluipohd/or Causes of Action
undertakings,the State may take any or all of the following actions: For the convenience of the parties to this contract,it is agreed that any claims
(a) Cancel,terminate,or suspend this agreement in whole or in part; 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
(b) Refrain from extending any further assistance to the Agency under the concerned,shall be brought only in the Superior Court for Thurston County.
program with respect to which the failure or refusal occurred until satisfactory
assurance of future compliance has been received from the Agency;and XVI. Certification Regarding the Restrictions of the Use
of Federal Funds for Lobbying
(c) Refer the case to the Department of Justice for appropriate legal The approving authority certifies, to the best of his or her knowledge and
proceedings. belief,that:
X111. Liquidated Damages (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
The Agency hereby agrees that the liquidated damages provisions of 23 CFR influence an officer or employee of any federal agency,a member of Congress.
Part 635, Subpart 127, as supplemented, relative to the amount of Federal an officer or employee of Congress,or an employee of a member of Congress in
participation in the project cost, shall be applicable in the event the contractor connection with the awarding of any federal contract,the making of any federal
fails to complete the contract within the contract time. Failure to include grant, the making of any federal loan, the entering into of any cooperative
liquidated damages provision will not relieve the Agency from reduction of agreement, and the extension, continuation, renewal, amendment, or
federal participation in accordance with this paragraph. modification of any federal contract,grant,loan,or cooperative agreement.
XIV. Termination for Public Convenience (2) If any funds other than federal appropriated funds have been paid or will
The Secretary of the Washington State Department of Transportation may be paid to any person for influencing or attempting to influence an officer or
terminate the contract in whole,or from time to time in part,whenever: employee of any federal agency,a member of Congress,an officer or employee
(1) The requisite federal funding becomes unavailable through failure of of Congress,or an employee of a member of Congress in connection with this
appropriation or otherwise. federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit the Standard Form - LLL, "Disclosure Form to Report
(2) The contractor is prevented from proceeding with the work as a direct Lobbying,"in accordance with its instructions.
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 (3) The undersigned shall require that the language of this certification be
or Governor of the State with respect to the preservation of energy resources. included in the award documents for all subawards at all tiers (including
subgrants, and contracts and subcontracts under grants, subgrants, loans, and
(3) The contractor is prevented from proceeding with the work by reason of a cooperative agreements)which exceed$100,000,and that all such subrecipients
preliminary, special, or permanent restraining order of a court of competent shall certify and disclose accordingly.
jurisdiction where the issuance of such order is primarily caused by the acts or This certification is a material representation of fact upon which reliance was
omissions of persons or agencies other than the contractor. placed when this transaction was made or entered into. Submission of this
(4) The Secretary determines that such termination is in the best interests of 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
the State. 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 0112004
/1► CAG-04-146 Addendum 1-05
Washington State
Department of Transportatior aqocal Agency A `eement Supplement
Agency Supplement Number
City of Renton 1
Federal Aid Project Number Agreement Number CFDA No. 2U.2�5
STPUL-0 019) LA 5899 (Catalog of Federal Domestic Assistance)
The Local Agency desires to supplement the agreement entered into and executed on May 17, 2005
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 Maple Valley Hwy(SR 169)HOV Lanes& Queue Jump Improvements, Ph. 2 Length 0.65 miles
Termini Interstate 405 Ramp Area and 140th Way SE
Description of Work ®No Change
Reason for Supplement
Obligate Surface Transportation Program(STP)funds to increase construction funding.
Estimate o Funding
- - - - - -- -- - ----
I
Type of Work (2) (3) (4) (5)
Previous Estimated Agencyi Estimated
A reement/Suppl.I Supplement Estimated Total Project Funds Funds Federal Funds
PE a.Agency -- - -
-- % b.Other
c Other 1
Federal Aid - - --
d. State
Participation
I
Ratio for PE e.Total PE Cost Estimate(a+b+c+d)
Right of Way f.Agency - -- -- 1_
9.Other -
Federal Aid h. Other
Participation - - -- - -- - __ -
--
Ratio for RW i.State
'.Total R=Cost Estimate(f+ +h+i)
Construction k-Contract 1.000,000.00 110001000.00; 658,307.001 341,693.00
I. Other Consultant/Fran.Util. -10-5,000.00 0 - - - - 1105,000.00 6 ,,1 0 I
35,878.00
m.Other hale 2 76 ,993.0885,541.001 8 ,54100 19548.0 0
- --- -r - --------- - 4 . --
n.Other Non-Participation 2,300,000.00 2,300,000 00 2,300,000.00
86.5 % o.Agency 35 000.00 35'000.0W 23,041 00, 11,959.00
Federal Aid State 10,000.00 10,000.00 6,583.00' 3,417.00
Participation P'- - ----- - - - -
Ratio for CN .Total CN Cost Estimate k+l+m+n+o 1,150,000.00 3,185,541.00 4,335,541.00 3,176,601.00 1,158,940.00
r.Total Project Cost Estimate(e+q) 1,150,000.00 3,185,541.00 4,335,541.00 3,176,601.001 1,158,940.00
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, il accepts ana will comply with the applicable provisions.
Agency Official Washington State Department of Tran portation
BBy ° G 1G6���-� - (�/��QQ B
v s
Title Kathy Keotker-WheelerrMayor
Assistant Secretary for Highways and Local Programs
Attest _ YY1�Y(a�-_ell-. _ �aiC�c-or`' g1,7 � Date Executed -- 1
- -
DOT Form-I&P6WIP I. Walton, City Clerk
Revised 4/2000
CAG-04-146 Addendum 1-05
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