HomeMy WebLinkAboutPW11-365 - Original - WA State Department of Transportation - S 228th St UPRR Grade Separation - 04/27/2010 Records Mmagem
e i
KENT Document
WASHINGTON �t
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Washington State Department of Transportation
Vendor Number:
JD Edwards Number
Contract Number: P(,)t l — 3(P5
This is assigned by City Clerk's Office
Project Name: S. 228th St. UPRR Grade Separation
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 4/27/10 Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Mark Madfai Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Fund authorization for preliminary engineering for the project._ _
----
S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
i
VWashington State Transportation Building
A Department of Transportation 310 Maple Park Avenue S E
Paula J. Hammond, P.E. P O Box 47300
Secretary of Transportation Olympia,WA 98504-7300
360-705-7000
May 11, 2010 TTY 1-800-833-6388
www wsdot wa gov
Mr Tim LaPorte
Public Works Director
City of Kent
220 Fourth Avenue South
Kent, Washington 98032-5838
' City of Kent
So. 228" St. UPRR
Grade Separation
1W low IF STPD-1216(004)
FUND AUTHORIZATION
c�C'Z
Dear Mr. orte:
We have received FHWA fund authorization, effective May 3, 2010, for this project as
follows:
PHASE TOTAL FEDERALSHARE
Preliminary Engineering $122.500 $122,500
Enclosed for your information and file is a fully executed copy of Local Agency
Agreement LA-7173 between the state and your agency All costs exceeding those
shown on this agreement are the sole responsibility of your agency.
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.
Stncer ly,
Stephan Tax
Manager, Program Management
Highways & Local Programs Division
ST.jg•ac
Enclosure
cc: Ed Conyers,Northwest Region Local Programs Engineer, MS NB82-121
}
1
_ e
Department State Local Agency Agreement
Department of AGENCY � Y
Agency City of Kent CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Address 220 Fourth Avenue S Project No.
Kent, WA 98032 1 ,� 717 3
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 protect,the Washington Stale 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 c acced the amount shown herein on line r,
column 3, without wsdten 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 S 228th Street Union Pacific Railroad Grade Separation Length 0.3 miles
Termini 72nd Avenue S to 76th Avenue S.
Description of Work
The project will grade separate the Union Pacific Railroad tracks at S 228th Street via an overpass The railroad will
continue to operate on its existing tracks beneath the new roadway.Associated improvements include driveway
improvements to accommodate the overpass as well as curbs, gutters, sidewalks, storm drainage and lighting
Estimate of Funding
Type of Work l l
Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a Agency 117,500 00 000 117,500 00
% b Other ;
c Other
Federal Aid Participationd State 5,00000 000 5,00000
'
Ratio for PE e Total PE Cost Estimate a+b+c+d 122 500.00 122 500.00
Right of Way f Agency
Other
h Other
Federal Ald I State
Participation
Ratio for Rw I Total RNV Cost Estimate f+ +h+I
Construction k Contract
I Other
m Other
n Other
% I
Agency
Federal Aid p State
Participation
Ratio for CN q Total CN Cost Estimate k+l+m+n+o+
r.Total Project Cost Estimate e++ 122 500.00 1 1 122 500.00
Agen/cyy0 Washington State D art ent of Trans6rtation
i
By By
Title Assistant Secretary for Highways and Local Programs
/iT"Date Executed R 2 7 201n
i
DOT Form 140-039 EF t
Revised 0912008
Construction Method of Financing (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 qas 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 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 the 3 Project construction
"Project 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 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 fao lity 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
Delegation of Authors applicable to this class of highways, even though such additional work is
11. Dele
g Authority 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 out this administration 'I he State shall review, the basis of federal participation in the project cost shall be applicable in the
process, and appiuve documents required for federal aid reimbursement in event the contractor fads 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 of 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,obepa including all review and engineering costs and
approved plans and specifications other expenses e the State, n to be paid by the Agcney and by the Federal
Government Federal funding shall be m 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 fhe 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 ail other The Agency shall bill the state for federal aid project costs incurred in
salaries and costs incurred by State forces upon tue project will be considered a conformity with applicable federal and state laws I he 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
participation unless a current indirect cost plan has been prepared in
IV Availability of Records accordance with the regulations outlined in the federal Offce 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 payment, the Stale shall bill the Federal Government for reimbursement of
U S Department of l ransportation, and the Washington State Department of
those costs eligible for federal participation to the extent that such costs are
Transportation The records shall be open to inspection by the State and Federal
Government at all reasonable times and shall be retained and made available for attributable and properly allocable to this project Ilse State shall bill the
such inspection for a period of not less than three}cars from the final payment Agency for that portion
of any federal aid funds to the Agency Copies of said records shall be Federal Government(see Section 1X)
of State costs which were not reimbursed by the
furnished to the State and/or Federal Government upon request I 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 1 he classifications of work for projects are
s
DOT Form 140-039 EF 2
Revised 09/2008
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 a billing to the 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 substantially completed and final actual the standards approved by the Federal Highway Administration and MUTCD
costs of the project can be determined the State will present the Agency vvth 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 m 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 Slate 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 Government except 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 Stale shall reimburse the Agency for the Federal share of eligible project and/or agreement or in the administration of its DBE program or the
requirements of 49 CFR Part 26 1 he Agency shall take all necessary and
costs up to the amount shown on the face of this agreement At the time of
audit, the Agency will provide documentation of all costs incurred on the reasonable steps under 49 CFR Part 26 to ensure contracts
an agreements
m 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 IX) 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 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
project The report of said audit shall be in the Agency's files and made incorporated into any contract for construction work,or modification thereof;
available to the State and the Federal Government
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 I ederal Government or borrowed on the credit of the I ederal 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, WSDO f 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 W SDOT and FH WA,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 1X) participates in federally assisted construction work Provided, that if the i
applicant so participating i, 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 i
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 f nnish 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 ifpaymentor 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, govcmment
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 Vehi6le Fund No additional Federal (4) To carry out such sanctions and penalties for violation of the equal
project funding will he approved until full payment is received unless otherwise opportunity clause as may be imposed upon contractors and subcontractors by
directed the Assistant Secretary for Highways and Local Programs the State, I ederal Highway Administration,or the Secretary of Labor pursuant
to Part 11,subpart D of the Executive Order „
DOT Forth 140-039 EE
Revised 0912008 3
a
In addition,the Agency agrees that if it fads 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 turther 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
X11I. 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
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 W ashuigton 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-af--- 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 cooperative agreements) which exceed $l OO,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
O The
n i e Secretary determines that such termination 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 fads to file the
the State required certification shah be subject to a civil penalty of not less than S 10 000
and not more than S 100,000 for each such failure
Additional Provisions
DOT Form 140-039 EF 4
Revised 0912008
REQUEST FOR MAYOR'S SIGNATURE
K WE:NT Please Fill in All Applicable Boxes
WASHINGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator �Q� — � Phone (Orig
inator):ginator): Z 53 S'(
- S , -ED
Date Sent. to Date Required. l! llii lD
Return Signed Document to: r1/fo �Q��o� CONTRACT TERMINATION DATE: Iv �✓F
VENDOR NAME: DATE OF COUNCIL APPROVAL: 2 Zl/o
Brief Explanation of Document.
n l 11
T": S -f l,.e L o c�„e( � � o f+�1Y2.2-vl aw'T 1 h c+- t s/ r2
c g-a�2. �✓w o� S o..- -'f/�.1 / 2 Z S T 4F- U f 12
All Contracts Must Be Routed Through the Law Department
(This Area to be Completed By the Law Departmen6
Received:
of Kent
Approval of Law Dept.: "11ay0C
Law Dept Comments: APR $ 2010 +N-
Date Forwarded to Mayor-
Shaded Areas to Be Completed by Administration Staff
Received:
Recommendations & Comments:
w
Disposition. �--
��-�ibG2Zk `y� o
Date Returned. c
qfz-1iG
Iaae58 0 3/05