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HomeMy WebLinkAboutContract f CAG-09-026 � Washgngton State �Cy vI/ Departmerrt of Transportatio. Loc g e n cy-Ag reeme nt AGENCy. Agency City of Renton CFDA No. 20.205 (Catalog of Federal Domestic Assistance) (06S)Address 1055, S Grady Way Project No. HPPT t 2'?� - Renton, WA 98057 6 Agreement No. - 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 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 Strander Blvd/SW 27th St. Phase 1,Segment 2a Length 0.24 miles Termini Strander Blvd.(Tukwila)to SW 27th St(Renton) Description of Work Design and construction of the relocation of the UPRR railroad tracks to allow for a single structure to be built over the tracks.This phase includes design and construction for: a)railroad bridges over Longacres Way;b)railroad bridge at a new pedestrian crossing for the future Sound Transit Station location;c)structure to protect the 60-inch Seattle Public Utilities Water line;d)structure to protect the 36-inch Metro Sanitary Sewer line;e)retaining walls. Estimate of Funding _ Type of Work (1) (2) (3) Estimated Total Estimated Agency Estimated Project Funds Funds Federal Funds PE a.Agency _ 100 % b. Other Consultant 679 380.00 679 380.00 c. Other Federal Aid Participation d. State 5,000.00 5,000.00 Ratio for PE e.Total PE Cost Estimate a+b+c+d 684 380.00 684 380.00 Right of Way f.Agency . Other h.Other Federal Aid L State Participation Ratio for RW •.Total R/W Cost Estimate f+ +h+i Construction k. Contract I. Other m. Other n. Other o.Agency -- ---- --- -- Federal Aid Participation P• State _ Ratio for CN q.Total CN Cost Estimate k+l+m+n+o+ r.Total Project Cost Estimate a+'+ 684 380.00 684 80.00 Agency Official Washington State D art ent of TraYsp tion By By Title Mayor Denis Law p Assistant Secretary for Highways and Local Programs n ATTEST: /�YU�t ��. (d/LL .,�'�- Date Executed APR 17 Z0u9 Bonnie I . Walton, City Clerk DOT Form 140-039 EF Revised 09/2008 i Construction Method of FinanciN (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-Aaencv cost incurred with oartial 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 the 3.Project construction. "Project Description"and"Type of Work." When the State acts for and on behalf of the Agency,the State shall be 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 deemed an agent of the Agency and shall perform the services described and indicated in"Type of Work"on the face of this the tenth fiscal year following the fiscal year in which the agreement is 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 underthe terms of this agreement(see Section D). and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control The Agency agrees that all stages of construction necessary to provide the by 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 ry p rocedures of the State and Highway Adminrstrahon, to at le as t the minimum values set b y app roved statewide design gn standards II. Delegation of Authority applicable to this class of highways, even though such additional work is financed 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 have the full.authority to carry this administration.The State shall review, the basis of federal participation in the project cost shall be applicable in the process, and approve documents required for federal aid reimbursement in event the contractor fails to complete the contract within the contract time. 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 VI. Payment and Partial Reimbursement 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. The total cost of the project,including all review and engineering costs and approved plans 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 Federal III. Project Administration Transportation Act, as amended, and Office of Management and Budget Certain types of work and services shall be provided by the State on this circulars A-102,A-87 and A-133.The State shall not be ultimately responsible project as requested by the Agency and described in the Type of Work above. for any of the costs of the project.The Agency shall be ultimately responsible In addition,the State will furnish qualified personnel for the supervision and for all costs associated with the project which are not reimbursed by the inspection of the work in progress.On Local Agency advertised and awarded Federal Government. Nothing in this agreement shall be construed as a projects,the supervision and inspection shall be limited to ensuring all work is promise by the State as to the amount or nature of federal participation in this in conformance with approved plans, specifications, and federal aid project. requirements. The salary of such engineer or other supervisor and all other The Agency shall bill the state for federal aid project costs incurred in salaries and costs incurred by State forces upon the project will be considered a conformity with applicable federal and state laws. The agency shall minimize cost thereof.All costs related to this project incurred by employees of the State the time elapsed between receipt of federal aid funds and subsequent payment in the customary manner on highway payrolls and vouchers shall be charged as of incurred costs. Expenditures by the Local Agency for maintenance,general costs of the project. administration,supervision,and other overhead shall not be eligible for federal IV. Availability of Records participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in the federal Office of Management All project records in support of all costs incurred and actual expenditures &Budget(OMB)circular A�87,and retained for audit. kept by the Agency are to be maintained in accordance with local government The State will pay for State incurred costs on the project.Following accounting procedures prescribed by the Washington State Auditor's Office,the U.S. Department of Transportation, and the Washington State Department of payment, the State shall bill the Federal Government for reimbursement of Transportation.The records shall be open to inspection by the State and Federal those costs eligible for federal participation to the extent that such costs are Government at all reasonable times and shall be retained and made available for attributable and properly allocable to this project. The State shall bill the such inspection for a period of not less than three years from the final payment Agency for that portion of State costs which were not reimbursed by the of any federal aid funds to the Agency. Copies of said records shall be Federal Government(see Section W. furnished to the State and/or Federal Government upon request. 1. Project Construction Costs V. Compliance with Provisions Project construction financing will be accomplished by one of the three 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 0912008 Method A—The Agency will place with the State,within(20)days after the X. Traffic Control,Signing,Marking,and Roadway execution of The construction contract, an advance in the amount of the Maintenance 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 Agency will not permit any changes to be made in the provisions for The State will pay all costs incurred under the contract upon presentation of parking regulations and traffic control on this project without prior approval of progress billings from the contractor.Following such payments,the State will the State and Federal Highway Administration. The Agency will not install or submit n th t a billing to e Federal Government for the federal aid participation permit to be installed any signs,signals,or markings not in conformance with share of the cost.When the project is substantial) completed n d p � y p eted and final actual the standards approved by the Federal Highway Administration an MUTCD. costs of the project can be determined,the State will present the Agency with a The Agency will, at its own expense,maintain the improvement covered by final billing showing the amount due the State or the amount due the Agency. this agreement. 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. 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 whether at. law or equity brought against the Agency, State, or Federal allotments. The face of this agreement establishes the months in which the Government,arising from the Agency's execution,performance,or failure to withholding shall take place and the exact amount to be withheld each month. perform any of the provisions of this agreement,or of any other agreement or The extent of withholding will be confirmed by letter from the State at the time contract connected with this agreement, or arising by reason of the of contract award. Upon receipt of progress billings from the contractor,the participation of the State or Federal Government in the project,PROVIDED, State will submit such billings to the Federal Government for payment of its nothing herein shall require the Agency to reimburse the State or the Federal participating portion of such billings. 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 Method C—The Agency may submit vouchers to the State in the format Government or the State. prescribed by the State,in duplicate,not more than once per month for those XII. Nondiscrimination Provision costs eligible for Federal participation to the extent that such costs are directly No liability shall attach to the State or Federal Governmentexcept as attributable and properly allocable to this project.Expenditures by the Local expressly provided herein. Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a The Agency shall not discriminate on the basis of race, color,national previously approved indirect cost plan. origin,or sex in the award and performance of any USDOT-assisted contract The State shall reimburse the Agency for the Federal share of eligible project and/or agreement or in the administration of its DBE program or the costs u to the amount shown on the face of this requirements of 49 CFR Part 26. The Agency shall take all necessary and p agreement.At the time of reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the audit, the Agency will provide documentation of all costs incurred on the award and administration of USDOT-assisted contracts and agreements. The project. WSDOT's DBE program,as required by 49 CFR Part 26 and as approved by The State shall bill the Agency for all costs incurred by the State relative to USDOT, is incorporated by reference in this agreement. Implementation of the project.The State shall also bill the Agency for the federal funds paid by the this program is a legal obligation and failure to carry out its terms shall be State to the Agency for project costs which are subsequently determined to be treated as a violation of this agreement. Upon notification to the Agency of its ineligible for federal participation(see Section Di7. failure to carry out its approved program, the Department may impose VII. Audit of Federal Consultant Contracts sanctions as provided for under Part 26 and may,in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil The Agency,if services of a consultant are required,shall be responsible for Remedies Act of 1986(31 U.S.C.3801 et seq.). audit the consultant's records determine eligible federal aid costs on the The Agency hereby agrees that it will incorporate or cause to be project.t. The report of said audit it shall be in the Agency's files and made available to the State and the Federal Government. 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 An audit shall be conducted by the WSDOT Internal Audit Office in Chapter 60,which is paid for in whole or in part with funds obtained from the accordance with generally accepted governmental auditing standards as issued Federal Government or borrowed on the credit of the Federal Government by the United States General Accounting Office by the Comptroller General of pursuant to a grant,contract, loan,insurance,or guarantee or understanding the United States; WSDOT Manual M 27-50, Consultant Authorization, pursuant to any federal program involving such grant,contract,loan,insurance, Selection, and Agreement Administration; memoranda of understanding or guarantee, the required contract provisions for Federal-Aid Contracts between WSDOT and FHWA;and Office of Management and Budget Circular (FHWA 1273),located in Chapter 44 of the Local Agency Guidelines. A-133. If upon audit it is found that overpayment or participation of federal money The Agency further agrees that it will be bound by the above equal in ineligible items of cost has occurred,the Agency shall reimburse the State for opportunity clause with respect to its own employment practices when it the amount of such overpayment or excess participation(see Section Di). 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 VII L Slagle Audlt 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 opportune clause fiscal year shall have a single or program-specific audit performed for that year opportunity in accordance with the provisions of OMB Circular A-133. Upon conclusion of and rules,regulations,and relevantorders of the Secretary of Labor. P P 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 The Agency agrees that if payment or arrangement for payment of any of the (3) To refrain from entering into any contract or contract modification 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 State within 45 days after the Agency has been billed,the State shall effect Executive 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 (4) To carry out such sanctions and penalties for violation of the equal project funding will be approved until full payment is received unless otherwise opportunity clause as may be imposed upon contractors and subcontractors by directed the Assistant Secretary forHighways and Local Programs. the State,Federal Highway Administration,or the Secretary of Labor pursuant to Part fI,subpart D of the Executive Order. DOT Form 140-039 EF Revised 09/2008 3 In addition,the Agency agrees that if it fails or refuses to comply with these XV. Venue for Claims and/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 (a) Cancel,terminate,or suspend this agreement in whole or in part; 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 (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: XIII. Liquidated Damages (1) No federal appropriated funds have been paid or will be paid,by or on The Agency hereby agrees that the liquidated damages provisions of 23 CFR 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, 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 participation in the project cost,shall be applicable in the event the contractor in connection with the awarding of any federal contract,the making of any fails to complete the contract within the contract time. Failure to include federal grant, the making of any federal loan, the entering into of any liquidated damages provision will not relieve the Agency from reduction of cooperative agreement,and the extension,continuation,renewal,amendment, federal participation in accordance with this paragraph. or 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,th e 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 cooperative agreements) which exceed $100,000, and that all such a preliminary,special,or permanent restraining order of a court of competent subrecipients 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 omissions of persons or agencies other than the contractor. was placed when this transaction was made or entered into. Submission of this 4 The Secretary certification as a prerequisite for making or entering into this transaction ( ) tary determines that such termination is in the best interests of 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 Revised 09/2008 4 Amok RECEIVED �TWashington State Transportation I midi Department of Transportation 310 Maple Park Av, nue RB 14 2011 Paula J. Hammond, P.E. P.O.Box 47300 Secretary of Transportation Olympia,WA 985 -NOsportation Systems Div, 360-705-7000 February 7,2011 TTY: 1-800-833-6388 www.wsdot.wa.gov CrrY OF RENTON Mr. Richard Perteet Deputy Public Works Administrator rEB 14 2011 City of Renton 1055 S. Grady Way teECE►vED CITY CLERKS Renton, Washington 98057-3232 K'S OFFICE City of Renton SW 27`h St./Strander Blvd. Connection Ph. 1 Sec.2A HPP-1276(005) FUND AUTHORIZATION Dear M rteet: Enclosed for your information and file is a copy of Supplement Number 1 to Local Agency Agreement LA-6825 for the subject project between the state and your agency. This supplement modifies the funding for this project to the amounts shown below: PHASE TOTAL FEDERALSHARE Preliminary Engineering $719,921. $719,921 All costs exceeding those shown on this agreement are the sole responsibility of your agency. Please be reminded that a recent federal mandate requires any agency receiving federal funds to be registered in the Central Contractor Registration(CCR)at https://www.bpn.izov/ccr/default.aspx. Registration in the CCR must be updated/renewed annually to maintain an active status. It is essential your agency maintain an active registration status to ensure that project authorizations and reimbursements are not delayed. WSDOT authorization to proceed with right of way and/or construction is contingent upon receipt and approval of your environmental documents. WSDOT authorization to proceed with construction is contingent upon receipt of your Right of Way Certification. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincere y, Stepha ie Tax Manager, Program Management Highways&Local Programs Division ST:jg:ac Enclosure cc: Ed Conyers,Northwest Region Local Programs Engineer,MS NB82-121