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AG 93-244��• Washington State Department of Transr �I/ I �AGENCY NAME & BILLING ADDRESS City of Federal Way # 33530 — lst Way South Federal Way, WA 98003 � �. �3 a � WASHINGTON STATE W.S.D.O.T. USE ONLY FEDERAL AID PROJECT NUMBER !�-9��� �r��� DEPARTMENT OF TRANSPORTATION CITY/COUNTY AGREEMENT AGREEMENT NUMBER. � � � �l 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 Fed- eral-aid Project Agreement entered into between fhe State and Federal Government, relative to the above project, the Wash- ington 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 s., col- umn (3) without written authority by the State, subject to the approval of the Federal Highway Administrator. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. PROJECT DESCRIPTION Name PARKING POLICY REVIEW AND CTR ADMINISTRATION Length N/A Termini N/A Description of Work SEE ATTACHMENT ESTIMATE OF FUNDING TYPE OF WORK (� ) (2) (3) ESTIMATED TOTAL ESTIMATED AGENCY ESTIMATED PROJECT FUNDS FUNDS FEDERAL FUNDS P.E. a. Agency Work ...S2,5AQ........ . �$338...... ....$2.,1�Z2....... ........ b. Other Consultant .�20.,122 ........ .....$2.,.7.17....... ..�1�.,(+QS�....... c. State Services 5500 $67 $433 d. Total PE Cost Estimate (a+b+c) $ 2 3,12 2 $ 3,12 2 $ 2 0, 0 0 0 Rlght - 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 ........................ ........................� ........................ o . Other ........................ ........................ ........................ p. State Forces q. Total Const. Engineering (n+o+p) " r. Total Const. Cost Estimate (m+q) • S. TOTAL COST ESTIMATE OF THE PROJECT (d+h+r) $ 2 3� 12 2 $ 3,12 2 $ 2 0� 0 0 0 "Federal participation in Construction Engineering (q) is limited to 15% of the Total Contract Costs. (line m, cotumn 3) The Federal-aid oartici�ation rate in this oroiect will be determined bv the Federal Govemment. The pa�ties expect that it will be •%, however, it is understood that the rate may vary. The Local Agency agrees that this agreement is entered without relying upon any represenfation 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 740-039 (Rev. 12l90) - F r : • CONSTRUCTION METHOD OF FINANCING`- Check Method Selected . STATE AD & AWARD: _ � � METHOD A Advance Payment - Agency Share of Total Gonstruction Cost (Based on Contract Award) ..::.......................:.:.......( ) METHOD B Withhold From Gas Tax'the Agency's Share of Total Construction Cost (line r., col. 2) ' in the amount of $- at $ per month for months .:.....:.......:.................... ( ) LOCAL FORCE OR LOCAL AD & AWARD METHOD C. ' Agency Cost Incurred with Partial Reimbursement ...:.....:........:.....:....:..........:................ ......:.. ..:.....................(X ) The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condi- tion to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on March 16 , �g 93 , Resolution/Ordinance Na 93-166 AGENCY OFFICIAL BY: r C:�� Cw.�!/. I SCOPE OF WORK WASHINGTON S E PARTMENT OF TRAN O ATION BY: �� 1993�� Dffie Executed PROVISIONS The Agency shall provide all the work; labor, materials and services necessary to perform the project which is described and set forth in detail in the "Projecf Description" and "Type of Work " When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in "Type of Work" on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and Federal Highway Administration. When the State acts for the Agency but not subject to the right of con- trol by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administra- tion. II DELEGATION OF AUTHORITY The State is acting to fulfill the responsibilities to the Federal Govern- ment by the administration of this project. The Agency agrees that the State shall have the full authority to carry out this administration. The State shall review, process and approve documents required for Federal-aid reim- bursement in accordance with Federal requirements. If the State adver- tises and awards the contract, the State will further act for the Agency in all matters concerning the project, as requested by the Agency. If the Local Agency advertises and awards the project the State shall review the work to insure conformity with the approved plans and specifications. III PROJECT ADMINISTRATION Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the "Type of Work" above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On local agency adver- tised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications and Federal-aid requirements. The salary of such engineer or other super- visor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on h�hway payrolls and vouchers shall be charged as costs of the project. IV AVAILABILITY OF RECORDS All project records in support of all costs incurred and actual expendi- tures kept by the Agency, are to be maintained in accordance with proce- dures prescribed by the Division of Municipal Corporations of the State Auditor's Office, the U.S. Department of Transportation and Washington Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any Federal-aid funds to the Agency. Copies of said records shall be furnished to the State and/or Fed- era! Government upon request. V COMPLIANCE WITH PROVISIONS The Agency shall not incur any Federal-aid participation costs on any class'rfication of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are: 1. Preliminary Engineering up to and including approval 2. Preparation of Plans, Specifications, and Estimates 3. Right-of-Way Acquisition 4. Project Construction In the event that Right-of-Way acquisition for, or actual construction of the road for which Preliminary Engineering is undertaken is not started by the closing of the fifth fiscal year following the fiscal year in which the agree- ment is executed, the Agency will repay to the State the sum or sums of Federal funds paid to the Agency under the terms of this agreement. (See Section VIIIJ The Agency agrees that all stages of construction necessary to pro- vide the initially planned complete facility, within the limits of this project, will conform to at least the minimum values set by approved AASHTO design standards applicable to this class of highways, even though such additional work is financed without Federal-aid participation. The Agency agrees that on Federal-aid highway construction projects the current Federal-aid regulations which apply to liquidated damages rel- ative to the basis of Federal participation in the project cost shall be appli- cable in the event the contractor fails to complete the contract within the contract time. VI PAYMENT AND PARTIAL REIMBURSEMENT The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accord with the Surface Transportation Assistance Act 1978, Title 23, United States Code, as amended, and Office of Management and Budget Circulars A-102 and A-128. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associ- ated with the project which are not reimbursed by the Federal Government. Nothing In this agreement shall be construed as a promise by the State as to the amount or nature of Federal participation in this project. 1. Preliminary Engineering, Right of Way Acquisition and Audit Costs. The Agency will pay for Agency incurred costs on the project. Follow- ing such payments, vouchers shall be submitted to the State in the format prescribed by the State, in quadruplicate, not more than one per month. The State wil► reimburse the 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 attributable and properly allocable to this project. Expenditures by the Local Agency for the establishment, mainte- nance, general administration, supervision, and other overhead shall not be eligible for Federal participation. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for Federal participation to the extent that such costs DOT 140-039 (Rev. 12/90) - F are dire�Tly attributable and properly allocable to this project. The State shall bill the Agency for that portion of State which were not reim- bursed by the Federal Government. (See Sec�ll.) , 2. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. METHOD "A": The Agency wiil place with the State, within twenty (20) days after the execution of the construction contract an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State wili notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the Federal-aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. METHOD "B": The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. METHOD "C": The Agency may submit vouchers to the State in the format pre- scribed by the State, in quadruplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditu�es by the Local Agency for the establishment, mainte- nance, general administration, supervision, and other overhead shall not be eligible for Federal participation. The State will reimburse the Agency for the Federal share of eli- gible project costs up to the amount shown on the face of this agree- ment. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State rela- tive to the project. The State shall also bill the Agency for the Federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for Federal participation (See Section VIII). VII AUDIT OF FEDERAL AID PROJECT The Agency, if services of a Consultant are required, shall be respon- sible for audit of the ConsultanYs records to determine eligible Federal-aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted in accordance with Office of Management and Budget Circular A-128. If upon audit it is found that an overpayment, or participation of Fed- eral money in ineligible items of cost, has occurred, the Agency shall reim- burse the State for the amount of such overpayment or excess participation. (See Section VIII.) VIII PAYMENT OF BILLING The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g. State force work, project cancelation, overpayment, cost ineligible for Federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Assistant Secretary for Local Programs. - IX TRAFFIC CONTRO�GNING, MARKING, & ROADWAY MAINTENANCE The Agency wiil not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals or markings not in con- formance with the standards approved by the Federal Highway Administra- tion and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. X INDEMNITY The Agency shall hold the Federai Government and the State harm- less from and shall process and defend at its own expense, all claims, demands, or suits whether at law or equity brought against the Agency, State or Federal Government, arising from the Agency's execution, perfor- mance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. No liability shall attach to the State or Federal Government except as expressly provided herein. XI NONDISCRIMINATION PROVISION The Agency hereby agrees that it will incorporate or cause to be incor- porated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Govern- ment pursuant to a grant, contract, loan, insurance or guarantee or under- taken pursuant to any Federal program involving such grant, contract, loan, insurance or guarantee, the following equal opportunity clause: "DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRAC- TOR AGREES AS FOLLOWS:' (a) The contractor will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demo- tion or transfer; recruitment or recruitment advertising; layoffs or termina- tion; rates of pay or other forms of compensation and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimi- nation clause. (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 receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other con- tract or understanding, a notice to be provided by the Agency advising the said labor union or workers' representative of the contractor's commit- ments under this section 11-2 and shall post copies of the notice in conspic- uous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations and relevant orders of the Secretary of Labor. (e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965 and by the rules and regu- lations and orders of the Secretary of Labor, or pursuant thereto and will permit access to his books, 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. (f) In the event of the contractor's noncompliance with the nondiscrim- ination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Govern- ment contracts or Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965 and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965 or by rule, reg- ulation or order of the Secretary of Labor, or as otherwise provided by law. DOT 140-039 (Rev. t Z/90) - F (g) The contractor will include the provisi�f this section 11-2 in e��ry subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Exec- utive Order 11246 of September 24, 1965 so that such provisions will be . binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Agency, , WA Dept. of Transportation or Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncom- pliance: Provided, however, that in the event a contractor becomes invoived in, or is threatened with litigation with a subcontractor, he may request the United States to enter into such litigation to protect the interests . of the United States. � The Age'ncy further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportuniry clause is not applicable to any agency, instrumentality or sub- division of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity dause and rules, regulations and relevant orders of the Secretsry of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order, 11246 of September 24, 1965 with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontrac- tors by the State, Federal Highway Administration or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate or suspend this agreement in whole or in part: (b) Refrain from extending any further assistance to the Agency under the program with respect i�which the failure or refusal occurred until sat- isfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. XII LIQUIDATED DAMAGES The Agericy hereby agrees that the liquidated damages provisions of 23 CFR Part 630, Subpart C and Volume 6, Chapter 3, Section 1 of the Federal-aid Highway Program Manual, as supplemented, relative to the amuunt of Fedaral participation in the project cost, shsll be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of Federal participation in accordance with this paragraph. XIII TERMINATION FOR PUBLIC CONVENIENCE The Secretary, Washington State Department of Transportation may terminate the contract in whole, or from time to time in part, whenever: (1) The requisite Federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the pros- ecution of war or in the interest of national defense; or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources; (3) The contractor is prevented from proceeding with the work by rea- son of a preliminary, special or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor; or (4) The Secretary determines that such termination is in the best inter- ests of the State. XIV VENUE FOR CLAIMS ANDlOR CAUSES OF ACTION For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the Superior Court for Thurston County. ADDITIONAL PROVISIONS DOT 140-039 (Rev. 72/90) - F