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Docusign Envelope ID:3B56538C-A11 E-43A6-AF13-E939B8E4451 C AGENDA BILL 6 D CITY OF BREMERTON CITY COUNCIL Added 9/3/24 SUBJECT: Study Session Date: N/A Local Agency Agreement for PROTECT COUNCIL MEETING Date: September 4, 2024 Grant with WSDOT for Parish Creek Fish Department: PW & Utilities Barrier Removal Presenter: D. Dinkuhn Phone: (360) 473-5331 SUMMARY: The City has been offered grant funding for the Parish Creek Fish Barrier Removal project through the Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) Formula Program funding. The funding amount is $2,266,000 for design and construction and requires a 20% match. Council approval is requested for Mayor's signature on the Local Agency Agreement from WSDOT Local Programs. ATTACHMENTS: 1. Award Letter 2. Project Location and Vicinity Map 3. Local Agency Agreement (LAA) FISCAL IMPACTS (Include Budgeted Amount): The project will be budgeted in the Stormwater Capital Fund for construction in 2026/2027. ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to accept the PROTECT Grant funding and approve the Local Agency Agreement with WSDOT and authorize the Mayor to finalize and accept the agreement with the same terms and conditions as presented. COUNCIL ACTION: XApprove ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 CITY OF BREMERTON THE CITY OF PRIDE AND OPPORTUNITY Executive Correspondence Routing Memo Requires City Council Approval? Yes ❑ No r� Greensheet No.: TBD Date: September 5, 2024 Subject: Parish Creek Fish Barrier Removal Project Type: ❑ A/E (Arch, LA, Eng, Survey) ❑ Non-A/E ❑ Materials ❑ Public Work Description: This is the Funding Authorization Package for the the Parish Creek Fish Barrier Removal Project. The package includes the Local Agency Agreement and supporting documents required by WSDOT/FHWA to utilize federal funding for the project. The funding authorization package specifically authorizes the City to use $393,600 in grant funding for the preliminary engineering phase of the project. City Council approved accepting the grant in the amount of $2,266,000 on September 4, 2024 and authorized the Mayor to execute the Local Agency Agreement (LAA)with WSDOT. Fiscal Impact: None. Action Requested: Sign and date Local Agency Agreement (one signature) and Project Prospectus (two signatures), return to Ryan Nash. Per our CA Authority, WSDOT requires Mayor's signature. Originated by: David Dinkuhn, Stormwater Project Manager SJJW for Dave Dinkuhn 9/5/24 Approval/Recommendation: Managing Engineer: Initials/date SJJW 9/5/24 Ned Lever o to"' " City Engineer: Initials/date 2.:741=7, Digitally signed by m Tom Knuc ey Date2024.09.05155000-07'00ToKnuckey' Public Works Director: Initials/date Contract Administrator: LASERFICHE Finance: LASERFICHE City Attorney: LASERFICHE/DOCUSIGN Mayor: DOCUSIGN City Clerk: DOCUSIGN Public Works & Utilities 345 6th Street,Suite 100,Bremerton,WA 98337 *Phone(360)473-5270 *Fax(360)473-5398 Working for and with our residents to establish Bremerton as Puget Sound's most beautiful and livable waterfront city! Please advise Ryan Nash/David Dinkuhn when executed. PA will forward to Contracts Administrator following execution by WSDOT. Thank you! Public Works &Utilities 1345 6*'Street,Suite 100,Bremerton,WA 98337 *Phone(360)473-5270*Fax(360)473-5398 Working for and with our residents to establish Bremerton as Puget Sound's most beautiful and livable waterfront city! Docusign Envelope ID:3B56538C-A11 E-43A6-AF13-E939B8E4451C Local Programs Authorization Package Checklist Agency: City of Bremerton Project Title: Parish Creek Fish Passage Barrier Removal Fed Aid/State Project#: TBD By Phase(check all that apply) Funding Request Pt* PE** RW CN Non-Funding Request I New Phase Authorization Phase Modification =I =I M _ *PL-Planning. Used for stand-alone planning and study projects. **PE-Preliminary Engineering. This is the full design phase of a construction project. Once PE is authorized Region HQ the construction phase must be completed,or all federal expenditures must be repaid Agency Check Check 'Iscellaneous It EI—E1 In addition to this checklist,all Region submittals must utilize the standard Region IDC,memo,or cover letter. X fl If authorizing a subsequent phase on an existing project,has at least one bill for the prior phase been fully N/A n n processed by Local Programs(Posted date is present in SPORT)? If not,supplement cant be processed. Has the scope changed(description of work,limits,staging,RW needs,etc.)since previous submittal' N/A J J Project Prospectus(DOT Form 140-10101/21 -LAG Chapter 21 1=1 El El L Are all three pages of the current form included: X 0 0 Does information(title,termini,description,RW needs,cost,etc.)agree with STIP/LAA/NEPA-CE? l X Is the project description written such that the project scope is clear to an average person X Are pages land 3 signed? .milninm— L If the LPE or another agency is acting as CA,enter CA agency name below and include copy of CA agreement(PAA,etc) N/A n n CA Agency: Are the Latitude and Longitudes(decimal format preferred)included and correct' M X Are Congressional and Legislative Districts included and correct: X Project Zip Code includes the+4? —M X Are estimated costs included for all phases of the project: X Are the Functional Classification and Urban/Rural designation correct: X Are the Right of Way,Utilities,and Railroad sections filled out: X Typical Sections&Vicinity M �i, 11 El El El When necessary,are the Vicinity Map(s)and Roadway Section(s)included: X Can someone unfamiliar with n ricil fr- I::ation easily tell where it's located using the vicinity map X Are the project limits clearly marked on the map? X Does the section include all elements,with dimensions,of the roadway prism: X Are section changes,if applicable,throughout the project limits noted/displayed: N/A n n STIP/Funding Documentation-LAG Chapter 12 El El El mil Is the currently approved STIP page included? X Does STIP information(termini,description,etc.)match the LAA and Prospectus? X Is the phase being authorized(or a later phase)programmed in the STIP? X Is funding from all requested programs shown in the STIP! X Are the requested funds supported by the STIP? X If funded through a HQ managed program(ex.Bridge,HSIP),is the award letter included when these first obligated? N/A If funded through a HQ managed program,does the submitted scope match the project summary scope? N/A n n Local Agency Agreement(DOT Forms 140-039 H,-21.& 140-041 -,/2111 LAG Chapter 22 El El El State Funded Local Agency Agreement(DOT forms 140-087 b/'cc 140-087A b/'«j MI Is at least one LAA or LAA supplement,with an original signature,included?(DoNOT fill in Date Executed) L Current form used?(check revision date at bottom left; 1111=11 X All pages of Agreement included? X Are the Agency information,Project#,LAA#,Supplement#,and date of original agreement execution correct Does project information(title,termini,length,description,etc.)agree with STIP/Prospectus/NEPA-CE? X Authorization Package Checklist WSDOT/Local Programs 1 of 2 Docusign Envelope ID:3B56538C-A11 E-43A6-AF13-E939B8E4451C Local Programs Authorization Package Checklist HQ Check Local Agency Agreement{DOT Forms 140-039&140-041 4/22) -LAG Chapter 22[CONT.] State Funded Local Agency Agreement(DOT forms 140-087 6/22&140-087A Is the reason for supplement accurate and up to date: N/A n n Is the Project Agreement End Date(month,day,and year)included? Does it follow LAG guidance"; LIn In When not authorizing a new phase,is the end date the same as shown on the previous agreement: N/A n n If not,is adequate justification(see LAG 22.3)included to support changing the end date In In - Is the Advertisement Date(month,day,and year)included?Is it within 6 weeks of estimated CN authorizationi LIn In If the ICR box is checked'Yes',is the agency's current approved/self-certifed rate documentation provided In In - Must clearly show a single rate to be used,timeframe it covers,&actual signature of approval N/A If corrections made,are they initialed?If made by WSDOT is permission from Agency provided T N/A n n Are all federal aid participation ratios being used listed: X In In If de-obligating funds on any line,does it reduce obligation below expenditures N/A n n Are amounts calculated correctly and shown in the correct col umns?Amounts must be rounded to whole dollars. X In In Is a Documented Cost Estimate included for each phase requesting/changingfundsi X In In Are total dears on the LAA supported by the phase estimatesi 111 X In In Does the estimate sufficiently demonstrate how the costs were determined? X In In N/A ❑ ❑ If authorizing RW,is a true cost estimate summary sheet included i n Does the true cost estimate summary sheet suppirnounts shown on the LAA _Ellilm In In If authorizing RW and Relocation is required,is the signature page of the approved Relocation Plan included In In - If authorizing CN,is the Local Programs approved RW Certifica ded? In In If RW acquired under the Government Acquisitions Provision,is approval documentation included' cumentation/Approval(NEPA)-LAG Chapter 2 N/A ❑ ❑ Is an approved NEPA package(at least signature page)included: In In Does the description of work match the Prospectus/LAA/STIP? In In Is the footprint of the project within the limits of the N EPA approval In In Do the N EPA-CE Part 3 RW responses agree with the STIP and Prospectus? In In Is the approval date within the last 3 years? In In If approval is older than 3 years,has the approval been re-evaluated by the environmental engineer' In In D cmirtmG Chapt7lar Tied Bid(LAG Chapter -MI Forces(LAG Chapter 61) E ❑ ❑ If using a fed funding for a consultant in any phase,is the DBE goal letter/email included,or are the goals in SPORT J n If authorizing construction,is the DBE goal letter/e-mail included,or are the goals in SPORT In In If construction includes a tied bid project,is the approved PIF included or noted in SPORT' In In If construction by Local Forces,is the approved PIF included or noted in SPORT- In In PROJECT NOTES(Provide additional information or explanation as necessary) Authorization Package Checklist WSDOT/Local Programs 2 of 2 Docusign Envelope ID:3B56538C-A11 E-43A6-AF13-E939B8E4451 C Allk Washington State Local Agency Federal Aid iA; Department of Transportation Project Prospectus Prefix Route ( ) Date 09/04/2024 Federal Aid DUNS Number 55684970 Project Number Local Agency 882 WSDOT Federal Employer 91-6001231 Project Number Use Only Tax ID Number Agency CA Agency Federal Program Title City of Bremerton ✓ Yes ❑ No ✓ 20.205 ❑ Other Project Title Start Latitude N 47.529100 Start Longitude W 122.713620 Parish Creek Fish Passage Barrier Removal End Latitude N 47.529119 End Longitude W 122.714200 Project Termini From-To Nearest City Name Project Zip Code(+4) Division Avenue W Unnamed Forest Road Bremerton 98312-9707 Begin Mile Post End Mile Post Length of Project Award Type NA NA 0.04 miles ✓ Local El Local Forces LI State El Railroad Route ID Begin Mile Point End Mile Point City Number County Number County Name NA NA NA 0115 18 Kitsap WSDOT Region Legislative District(s) Congressional District(s) Urban Area Number Olympic Region 23 6 7 Total Local Agency Phase Start Federal Funds Phase Estimated Cost Funding Date (Nearest Hundred Dollar) (Nearest Hundred Dollar) (Nearest Hundred Dollar) Month Year P.E. 492000 99000 393000 November 2024 R/W Const. 2341000 468000 1873000 March 2027 Total 2833000 567000 2266000 Description of Existing Facility (Existing Design and Present Condition) Roadway Width Number of Lanes 32 feet 2 West Belfair Valley Road at the project location is an Urban Major Collector with 2-11' lanes and 5' shoulders. Description of Proposed Work Description of Proposed Work(Attach additional sheet(s)if necessary) Replace existing culvert and fishway with new bridge. Local Agency Contact Person Title Phone David Dinkuhn, PE Capital Project Manager 360 473-5331 Mailing Address City State Zip Code 645 6th Street, Suite 100 Signed by: Bremerton WA 98337-1891 i.) Atio6 A.,Q,,A, By BAr46o95E8-E7-47B... Project Prospectus Approving Authority Mayor 9/5/2024 Title y Date DOT Form 140-101 Page 1 Revised 01/2022 Previous Editions Obsolete Docusign Envelope ID:3B56538C-A11E-43A6-AF13-E939B8E4451C Agency Project Title Date City of Bremerton Parish Creek Fish Passage Barrier Removal 09/04/2024 Type of Proposed Work Project Type(Check all that Apply) Roadway Width Number of Lanes D New Construction D Path /Trail ❑3-R 32 2 ❑ Reconstruction ❑ Pedestrian / Facilities ❑2-R ❑ Railroad ❑ Parking ❑Other ✓ Bridge Geometric Design Data Description Through Route Crossroad ❑ Principal Arterial ❑ Principal Arterial Federal ✓ Urban ❑ Minor Arterial ❑ Urban ❑ Minor Arterial Functional ❑ Rural El Collector 1 Rural El Collector Classification ❑ NHS 1 Major Collector El Major Collector ❑ NHS ❑ Minor Collector ❑ Minor Collector ❑ Local Access ✓ Local Access Terrain ✓ Flat ❑ Roll ❑ Mountain ✓ Flat ❑ Roll ❑ Mountain Posted Speed 35 25 Design Speed 35 25 Existing ADT 5800 Varies (under 2000) Design Year ADT NA NA Design Year NA NA Design Hourly Volume (DHV) NA NA Performance of Work Preliminary Engineering Will Be Performed By Others Agency Consultant 100 Construction Will Be Performed By Contract Agency Contractor 100 Environmental Classification ❑Class I - Environmental Impact Statement (EIS) ✓ Class II - Categorically Excluded (CE) ❑ Project Involves NEPA/SEPA Section 404 1 Projects Requiring Documentation Interagency Agreement (Documented CE) ❑Class III - Environmental Assessment (EA) ❑ Project Involves NEPA/SEPA Section 404 Interagency Agreements Environmental Considerations The work includes restoration of approximately 148 feet of Parish Creek. This work will require permits from WDFW and USACE and will be required to meet associated environmental and design requirements. Requirements include an evaluation of impacts to cultural and historic resources as well as endangered species. DOT Form 140-101 Page 2 Revised 01/2022 Previous Editions Obsolete Docusign Envelope ID:3B56538C-A11 E-43A6-AF13-E939B8E4451 C Agency Project Title Date City of Bremerton Parish Creek Fish Passage Barrier Removal 09/04/2024 Right of Way ✓ No Right of Way Needed ❑ Right of Way Needed *All construction required by the ❑ No Relocation ❑ Relocation Required contract can be accomplished within the existing right of way. Utilities Railroad ❑ No utility work required ✓ No railroad work required ❑All utility work will be completed prior to the start ❑All railroad work will be completed prior to the start of of the construction contract the construction contract ✓ All utility work will be completed in coordination ❑All the railroad work will be completed in coordination with the construction contract with the construction contract Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project Utilities to be relocated or connected to bridge include power, water, gas, and communications. FAA Involvement Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ❑Yes ✓ No Remarks NA This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and is not inconsistent with the agency's comprehensive plan for community development. Agency City of Bremerton Signed by: ,) ,‘,€,% 4,,,a€A, 9/5/2024 By Date B ':Tfterson DOT Form 140-101 Page 3 Revised 01/2022 Previous Editions Obsolete Doti gi Ewe kDe ID:3856S C-A11E-435-AF13E93988 Et 4S1C 33 p --_ I141' ;/ • �� ./ SI �.�ij' 6. . / t i�. 10/44 "� -I -/ 'I Vs I n Yi oAyFN eo a v y j S. ' _ use _ I tv/ii la > 41 i1iiij* 1h ' ; � f •e -CNP 04 J0 re ` ill ,; ~' 1 4 yR• r / ..n yJ 0� / • /" �^ • %f ° °,d;6P%��f�rfp - iiwrt +. -� to i f • l G wsr .. %� , , 1 'Y-.� • n .ate ea. rimi . , _ PARISH CREEK FISH PASSAGE BARRIER REMOVAL WI E:62302i City PROJect 4870 PROJECT LOCATION AND p CITY OF BREMERTON VICINITY MAP DEFARfEi8R OF RI6EC NORM Et UTILEIB EIGIDDERUC DIVED II " ir'.-.v 3569tSRg9uu:DO I Bsrtenon,M192227-1181 Docusign Envelope ID:3B56538C-A11 E-43A6-AF13-E939B8E4451 C CONST VARIES 5' 5' ARIE• © SHOULDER�11 TRAVEL LANE 11'TRAVEL LANE SHOULDER CONSTRUCTION NOTES: `� POINT OF HORIZONTAL 1 HMA CL 1RIN.PG 58H-22,TWO LIFTS AND VERTICAL CONTROL 2 CRUSHED SURFACING BASE COURSE I: V VARIES V O BEAMGUARDRAIL{TYPE3IJ VP 01 \ \�*�.o�•s .`ri-A _ . ': . .: _� - -�-r: N 3kty O COMPACTED SUBGRADE $, 'i II_II.�I 014 cur $ GRAVEL BORROW O 01' 0 FILL 014 TYPICAL ROADWAY SECTION HORIZ: NO SCALE VERT: NO SCALE 1 1 I g E 8 1 a i 1 1 A. 6 32' ROADWAY 5'SHOULDER LANE LANE 5'SHOULDER CONCRETE �TOP OF r TRAFFIC BARRIER � STREAMBED , -0 a 0--0-0 O i AGGREGATE i // CONCRETE I / 1 61 `_ _` _ _ , VOIDED SLAB � �. .. _ -3.55O BRIDGE ,..",.,...i. ..! 1, •-...,�,• _,.=.. • it 5!11� 1,•.4��� -+I ..•I ��•��•:���-, • .:. .,eX!. ;fir \— BOTTOM OF STREAMBED AGGREGATE LOW FLOW CHANNEL 1 TYPICAL BRIDGE SECTION i HORIZ: NO SCALE g VERT: NO SCALE 1 13CITY OF BREMERTON TYPICAL SHEET DEPARTMENT OF PUBLIC WORKS&UTILITIES E ROADWAY AND OF E 1 _� H ENGINEERING DIVISION BRIDGE SECTIONS 1 Docusign Envelope ID:3B56538C-A11 E-43A6-AF13-E939B8E4451 C WWashington State i Department of Transportation Local Agency Agreement Agency City of Bremerton, Dept. of Public Works CFDA No. 20.205-Highway Planning and Construction (Catalog of Federal Domestic Assistance) Address 645 6th Street, Suite 100 Project No. Bremerton, WA 98337 1 Agreement No. For 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)2 CFR Part 200, (4)2 CFR Part 180—certifying that the local agency is not excluded from receiving Federal funds by a Federal suspension or debarment, (5)the policies and procedures promulgated by the Washington State Department of Transportation, and (6)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 Parish Creek Fish Barrier Removal Length 0.04 miles Termini Division Avenue W to Unnamed Forest Road Description of Work Replace existing culvert and fishway with new bridge. Project Agreement End Date November 30, 2030 Claiming Indirect Cost Rate Proposed Advertisement Date November 30, 2026 Yes I No Estimate of Funding (1) (2) (3) Type of Work Estimated Total Estimated Agency Estimated Federal Project Funds Funds Funds PE a.Agency 30,000.00 6,000.00 24,000.00 0 100 °b. Other Consultant 457,000.00 91,400.00 365,600.00 Federal Aid c. Other Participation d. State Services 5,000.00 1,000.00 4,000.00 Ratio for PE 492,000.00 98,400.00 393,600.00 e.Total PE Cost Estimate(a+b+c+d) Right of Way f.Agency �0 g. Other Federal Aid h. Other Participation Ratio for RW i. State Services j.Total R/W Cost Estimate(f+g+h+i) 0.00 0.00 0.00 Construction k. Contract I. Other m. Other Federal Aid n. Other Participation o.Agency Ratio for CN p. State Services q.Total CN Cost Estimate(k+I+m+n+o+p) 0.00 0.00 0.00 s_wie 4,Total Project Cost Estimate(e+j+q) 492,000.00 98,400.00 393,600.00 Age ncOffici Washington State Department of Transportation By By BAF46095E8E747B... Title Mayor Director, Local Programs Agency Date 9/5/2024 Date Executed DOT Form 140-039 Page 1 Revised 04/2022 Docusign Envelope ID:3B56538C-A11E-43A6-AF13-E939B8E4451C 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 gas tax the Agency's share of total construction coast (line 5, 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 September 4 , 2024 , Resolution/Ordinance No. Provisions I. Scope of Work 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"Project 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 the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. II. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government 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 reimbursement in 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 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 approved plans and specifications. Ill. 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 advertised 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 supervisor 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 highway 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 expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the Washington State 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 Federal Government upon request. V. Compliance with Provisions 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: 1. Preliminary engineering. 2. Right of way acquisition. 3. Project construction. Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show continuous progress may result the Agency's project becoming inactive, as described in 23 CFR 630, and subject to de-obligation of federal aid funds and/or agreement closure. If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, 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 IX). If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year following the fiscal year in which the right of way phase was authorized, the Agency will repay to the State the sum or sums of federal DOT Form 140-039 Page 2 Revised 04/2022 Docusign Envelope ID:3B56538C-A11E-43A6-AF13-E939B8E4451C funds paid to the Agency under the terms of this agreement(see Section IX). The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide 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 relative to the basis of federal participation in the project cost shall be applicable 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 accordance with the Federal Transportation Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project.The Agency shall be ultimately responsible for all costs associated 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. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws.The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200- Uniform Admin Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. 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 are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government(see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A—The Agency will place with the State, within (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 will 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 prescribed by the State, in duplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project 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 project.The State shall bill the Agency for all costs incurred by the State relative to the project.The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). VII.Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the 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 by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and 2 CFR Part 200.501 -Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). VIII. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations.A subrecipient who expends$750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted DOT Form 140-039 Page 3 Revised 04/2022 Docusign Envelope ID:3B56538C-A11E-43A6-AF13-E939B8E4451C promptly to the State. IX. 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 cancellation, 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 Director, Local Programs. Project Agreement End Date-This date is based on your projects Period of Performance (2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they become ineligible for federal reimbursement. X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will 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 conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. Xl. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency's execution, performance, 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. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT- assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26.The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the Department may impose 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 Remedies Act of 1986 (31 U.S. C. 3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be 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 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 Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal-Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency 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 opportunity clause is not applicable to any agency, instrumentality, or subdivision 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 clause and rules, regulations, and relevant orders of the Secretary 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 subcontractors 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 to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and DOT Form 140-039 Page 4 Revised 04/2022 Docusign Envelope ID:3B56538C-A11E-43A6-AF13-E939B8E4451C (c) Refer the case to the Department of Justice for appropriate legal proceedings. XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost, shall 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. XIV. Termination for Public Convenience The Secretary of the 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 prosecution 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 reason 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. (4)The Secretary is notified by the Federal Highway Administration that the project is inactive. (5)The Secretary determines that such termination is in the best interests of the State. XV.Venue for Claims and/or 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. XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and belief, that: (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 influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements)which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. XVII.Assurances Local agencies receiving Federal funding from the USDOT or its operating administrations(i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act(ADA). Additional Provisions DOT Form 140-039 Page 5 Revised 04/2022 Docusign Envelope ID:3B56538C-A11E-43A6-AF13-E939B8E4451C Instructions 1. Agency Name and Billing Address—Enter the Agency of primary interest which will become a party to the agreement. 2. Project Number—Leave blank. This number will be assigned by WSDOT. 3. Agreement Number—Leave blank. This number will be assigned by WSDOT. 4. a. Project Description—Enter the project name, total length of the project(in miles), and a brief description of the termini. Data entered here must be consistent with the name, length, and termini noted in the STIP and Project Prospectus Example:(Name) "Regal Road", (Length) "1.2 miles", (Termini) "Smith Road to Main Street" b. Description of Work—Enter a concise statement of the major items of work to be performed. Statement must be consistent with the description of work noted in the STIP and Project Prospectus. Example:"Overlay Regal Road; install curb, gutter, and sidewalk; illumination; and traffic signal at the intersection of Regal Road and Dakota Avenue." c. Project Agreement End Date—Enter the Project Agreement End Date(mm/dd/yy). This date is based on the project's Period of Performance (2 CFR 200.309). For Planning Only projects—WSDOT recommends agencies estimate the end of the project's period of performance and add three years to determine the"Project Agreement End Date". For PE and RW—WSDOT recommends agencies estimate when the phase will be completed and add three years to determine the"Project Agreement End Date". For Construction—WSDOT recommends agencies estimate when construction will be completed and add three years to determine the"Project Agreement End Date". d. Proposed Advertisement Date—At construction authorization only, enter the proposed project advertisement date(mm/dd/yy). e. Claiming Indirect Cost Rate—Check the Yes box if the agency will be claiming indirect costs on the project. For those projects claiming indirect costs, supporting documentation that clearly shows the indirect cost rate being utilized must be provided with the local agency agreement. Indirect cost rate approval by your cognizant agency or through your agency's self-certification and supporting documentation is required to be available for review by FHWA, WSDOT and/or State Auditor. Check the No box if the agency will not be claiming indirect costs on the project. See section 23.5 for additional guidance. 4. Type of Work and Funding (Round all dollar amounts to the nearest whole dollar) a. PE—Lines a through d show Preliminary Engineering costs for the project by type of work(e.g., consultant, agency, state services, etc.). *Federal aid participation ratio for PE—enter ratio for PE lines with amounts in column 3. • Line a—Enter the estimated amount of agency work in columns 1 through 3. • Line b&c—Identify user, consultant, etc., and enter the estimated amounts in columns 1 through 3. • Line d—State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. • Line e—Total of lines a+ b+ c+ d. b. Right of Way—If a Right of Way phase is authorized on the project, the appropriate costs are shown in lines f through i. *Federal aid participation ratio for RW—enter ratio for RW lines with amounts in column 3. • Line f—Enter the estimated amount of agency work in columns 1 through 3. • Line g &h—Identify user, consultant, etc., and enter the estimated amounts in columns 1 through 3. • Line i—State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. • Linej—Total of lines f+g + h + i. c. Construction—Lines k through p show construction costs for the project by type of work(e.g., contract, consultant, agency, state services, etc.). *Federal aid participation ratio for CN—enter ratio for CN lines with amounts in column 3. DOT Form 140-039 Page 6 Revised 04/2022 Docusign Envelope ID:3B56538C-A11E-43A6-AF13-E939B8E4451C • Line k—Enter the estimated cost of the contract. • Lines I, m, &n—Enter other estimated costs such as utility and construction contracts or non-federally matched contract costs. • Line o—Enter estimated costs of all construction related agency work. • Line p—State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. • Line q—Total Construction Cost Estimate.Total of lines k+ I + m+ n +o+p. d. Total Project Cost Estimate • Line r—Total Cost Estimate of the Project. Total of lines e+j +q. *Please remember, if the federal aid participation rate entered is not the maximum rate allowed by FHWA, then the participation rate entered becomes the maximum rate allowed. 6. Signatures—An authorized official of the local agency signs the agreement and enters their title and date of signature (mm/dd/ yy). Note: Do NOT enter a date on the Date Executed line. 7. Method of Construction Financing—Choose the method of financing for the construction portion of the project. a. Method "A" is used when the state administers the contract for the agency. b. Method "B" is also used when the state administers the contract for the agency. c. Method "C" is used with projects administered by the local agency.The agency will submit billings monthly through the state to FHWA for all eligible costs. The billings must document the payment requests from the contractor. If state-force work, such as audit and construction engineering, is to receive federal participation, it will be billed to the agency and FHWA simultaneously at the indicated ratio. To show continuous progress agencies should bill monthly until agreement is closed. 8. Resolutions/Ordinances—When someone other than the County Executive/Chairman, County Commissioners/Mayor is authorized to sign the agreement, the agency must submit to WSDOT with the agreement a copy of the Resolution/Ordinance designating that individual. 9. Parties to the Agreement—Submit one originally signed agreement form to the Region Local Programs Engineer. It is the responsibility of the local agency to submit an additional, originally signed agreement form if they need an executed agreement for their files. The agreement is first executed by the agency official(s) authorized to enter into the agreement. It is then transmitted to the state for execution by Local Programs.The agreement is dated at the time of final execution by Local Programs. DOT Form 140-039 Page 7 Revised 04/2022 Docusign Envelope ID:3B56538C-A11E-43A6-AF13-E939B8E4451C CITY OF BREMERTON PARISH CREEK FISH PASSAGE BARRIER REMOVAL PRELIMINARY COST ESTIMATE 06/20/2024 SCHEDULE A-ROADWAY AND STREAM IBid Item Description Unit p of Units Unit Cost Total Cost 1 Minor Change EST. 1 $ 40,000.00 $ 40,000.00 2 Roadway Surveying LS 1 $ 6,200.00 $ 6,200.00 3 SPCC Plan LS 1 $ 1,250.00 $ 1,250.00 4 Pot Hole Each 4 $ 760.00 $ 3,040.00 5 Protection of Existing Utilities LS 1 $ 4,800.00 $ 4,800.00 6 Project Temporary Traffic Control LS 1 $ 48,000.00 $ 48,000.00 7 Clearing and Grubbing AC 0.16 $ 69,000.00 $ 11,040.00 8 Removal of Structure and Obstruction LS 1 $ 24,000.00 $ 24,000.00 9 Remove Asphalt Concrete SY 664 $ 43.00 $ 28,552.00 10 Sawcut Asphalt Concrete Pavement LF 51 $ 26.00 $ 1,326.00 11 Roadway Excavation Inc. Haul CY 165 $ 95.00 $ 15,675.00 12 Channel Excavation Incl.Haul CY 1,388 $ 96.00 $ 133,248.00 13 Unsuitable Foundation Excavation Incl.Haul CY 100 $ 96.00 $ 9,600.00 14 Gravel Borrow Incl.Haul Ton 55 $ 64.00 $ 3,520.00 15 Trimming and Cleanup Each 1 $ 9,600.00 $ 9,600.00 16 Crushed Surfacing Base Course Ton 291 $ 72.00 $ 20,952.00 17 Permeable Ballast Ton 4 $ 196.00 $ 784.00 18 HMA Class 1/2 In.PG 58H-22 Ton 109 $ 230.00 $ 25,070.00 19 Planing Bituminous Pavement SY 16 $ 134.00 $ 2,144.00 20 Asphalt Thickened Edge LF 161 $ 8.00 $ 1,288.00 21 Conveyance and Stormwater Treatment LS 1 $ 24,000.00 $ 24,000.00 22 Temporary Stream Diversion LS 1 $ 83,500.00 $ 83,500.00 23 Temporary Erosion and Sediment Control LS 1 $ 7,400.00 $ 7,400.00 24 High Visibility Fence LF 437 $ 9.00 $ 3,933.00 25 Coir Erosion Control Blanket SY 304 $ 12.00 $ 3,648.00 26 Vegetation LS 1 $ 23,000.00 $ 23,000.00 27 Coarse Compost CY 21 $ 98.00 $ 2,058.00 28 Raised Pavement Marker Type 1 Hund 0.3 $ 1,590.00 $ 477.00 29 Plastic Line LF 400 $ 7.00 $ 2,800.00 30 Beam Guardrail Type 31-9 FT.Long Post LF 13 $ 740.00 $ 9,620.00 31 Beam Guardrail Type 31 Non-fla red End Terminal Each 2 $ 7,600.00 $ 15,200.00 32 Beam Guardrail Anchor Type 10 Each 2 $ 2,500.00 $ 5,000.00 33 Quarry Spalls Ton 70 $ 97.00 $ 6,790.00 34 Rock for Erosion and Scour Protection Class A Ton 24 $ 153.00 $ 3,672.00 35 Streambed Aggregate Ton 914 $ 98.00 $ 89,572.00 36 Streambed Boulders Each 6 $ 860.00 $ 5,160.00 37 Dewatering LS 1 $ 61,000.00 $ 61,000.00 38 Large Woody Material Each 12 $ 2,100.00 $ 25,200.00 39 Toe Log Each 5 $ 2,100.00 $ 10,500.00 TOTAL SCHEDULE A $ 772,619.00 SCHEDULE B-BRIDGE Bid Item Description Unit p of Units Unit Cost Total Cost 1 Minor Change Est. 1 $ 40,000.00 $ 40,000.00 2 Structure Surveying LS 1 $ 6,700.00 $ 6,700.00 3 Temporary Bypass Road LS 1 $ 54,000.00 $ 54,000.00 4 Temporary Shoring LS 1 $ 91,000.00 $ 91,000.00 5 Structure Excavation ClassA Incl.Haul LS 1 $ 73,000.00 $ 73,000.00 6 Gravel Backfill for Wall CY 74 $ 98.00 $ 7,252.00 7 St.Reinf. Bar for Substructure LB 12,800 $ 7.00 $ 89,600.00 8 Conc.Class 4000 for Substructure CY 52 $ 2,600.00 $ 135,200.00 9 Furnishing Precast Concrete Voided Slab Girders LF 224 $ 550.00 $ 123,200.00 10 Installing Precast Concrete Voided Slab Girders LS 1 $ 110,000.00 $ 110,000.00 11 Welding and Grouting Precast Concrete Voided Slab Girders LS 1 $ 15,000.00 $ 15,000.00 12 Elastomeric Bearing Pad 1/2 In.x 6 In.x 9 In. Each 32 $ 92.00 $ 2,944.00 13 Form and Pour Wingwalls CY 10 $ 6,100.00 $ 61,000.00 Docusign Envelope ID:3B56538C-A11E-43A6-AF13-E939B8E4451C 14 Membrane Waterproofing(Deck Seal) SY 190 $ 104.00 $ 19,760.00 15 Cast-In-Place Conc.Barrier LF 56 $ 860.00 $ 48,160.00 16 Underdra in Pipe 6 In.Diam. LF 102 $ 56.00 $ 5,712.00 17 Cement Concrete Traffic Curb LF 15 $ 92.00 $ 1,380.00 TOTAL SCHEDULE B $ 883,908.00 SCHEDULE C-UTILITIES Bid Item Description Unit Jt of Units Unit Cost Total Cost 1 Minor Change 1 Est. $20,000.00 $ 20,000 2 Survey 1 LS $5,000.00 $ 5,000 3 Relocate City fiber 1 LS $50,000.00 $ 50,000 4 Ductile Iron Pipe for Water Main 36 In.Diameter 400 LF $500.00 $ 200,000 Schedule C Subtota $ 275,000 Sales Tax(9.2%) $ 25,300 Schedule C Total $ 300,300 Construction Subtotal $ 1,956,827 Mobilization(10%) $ 195,683 Constr.Engr.(2%+/-) $ 40,000 Change Order(4%) $ 78,273 City CA/CM $ 70,000 Construction Total $ 2,340,783 Preliminary Engineering $ 492,000 GRAND TOTAL PROJECT $ 2,833,000 Docusign Envelope ID:3B56538C-A11E-43A6-AF13-E939B8E4451C Washington State S. T. I. P. 2024 to 2027 (Project Funds to Nearest Dollar) MPO/RTPO: PSRC Y Inside N Outside Septem ber 5, 2024 County: Kitsap Agency: Bremerton Total Project Total Est. STIP Func Project Imp Length Environmental RW Begin End Cost of Amend. Cls Number PIN STIP ID Type Type Required Termini Termini Project No. 05 BRE-32 08 0.040 DCE No Division Avenue W Unnamed Forest Road 2,833,000 24-06 Parish Creek Fish Passage Barrier Removal Replace existing culvert and fshway with new bridge. Funding Federal Funds Phase Start Date Federal Fund Code State Fund Code State Funds Local Funds Total PE 2024 PROTECT 393,000 0 99,000 492,000 CN 2026 PROTECT 1,873,000 0 468,000 2,341,000 Project Totals 2,266,000 0 567,000 2,833,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th&6th ALL 492,000 0 2,341,000 0 0 Totals 492,000 0 2,341,000 0 0 Page 1 Docusign Envelope ID:3B56538C-A11E-43A6`AF13-E939B8E4451C .__,E BARRIER Chapter42 REMOVAL City and County Design Standards forAll Routes Meets AASHTO? Is a Deviation or HQ Local Local Agency Design Exception Programs Design Design Element Design If"Yes" move down If Required? If Deviation Exception Level to next Design "NO" "Yes" ' Element If"NO"Document Approval Approval to File Date Date Roadways Horizontal Alignment D n Yes n No — n Yes N/A Vertical Alignment D n Yes n No — n Yes N/A Lane Width D n Yes n No — n Yes N/A Shoulder Width D n Yes n No — n Yes —* N/A Lane&Shoulder Taper D n Yes n No n Yes N/A Ped. Facilities 1 n Yes n No n Yes —* N/A Cross Slope Lane D n Yes n No — n Yes N/A Cross Slope Shoulder D n Yes n No n Yes —* N/A Fill/Ditch Slopes D n Yes n No n Yes N/A Safety Improvements A n Yes n No n Yes N/A Shared BikelPed. Facilities 1 n Yes n No — n Yes N/A Turn Radii A n Yes n No n Yes N/A Sight Distance D n Yes n No n Yes N/A I/SAngle A n Yes n No n Yes N/A Std Run A n Yes n No n Yes N/A Cross Roads Horizontal Alignment AE n Yes n No n Yes n No Vertical Alignment AE n Yes n No n Yes n No • Lane Width AE n Yes n No n Yes n No • Shoulder Width AE n Yes n No — n Yes n No Fill/Ditch Slopes AE n Yes n No n Yes n No Safety Improvements AE n Yes n No n Yes n No Shared Bike/Ped. Facilities 1 n Yes n No n Yes N/A Bridges Lane Width D X Yes n No — n Yes — N/A Shoulder Width D N Yes n No — n Yes N/A Vertical Clearance D 1XYes n No n Yes — N/A Structural Capacity D X Yes n No n Yes N/A Bridge Rail D XYes n No n Yes I —> N/A Design Levels* (1) When provided,must meet current standards. n Blank Cell (2) Items 1 and 2 under Safety Improvements Definitions are required and all'others D Design Level D are AE. A Design Level A AE Agency Evaluate to Design Level A See Matrix Definitions for requirements. Local Agency Guidelines Design Matrix New Construction Project Checklist Page 1 of 1 Page 42-20 WSDOT Local Agency Guidelines M 36-63.42 September 2023 Docusign Envelope ID:3B56538C-A11 E-43A6-AF13-E939B8E4451C Washington State Transportation Building , Department of Transportation 310 Maple Park Avenue S.E. � P.O.Box 47300 Olympia,WA 98504-7300 360-705-7000 TTY:1-800-833-6388 www.wsdot.wa.gov May 20, 2024 Mr. Thomas Knuckey Public Works Director City of Bremerton 100 Oyster Bay Avenue N Bremerton, WA 98312 RE: Parish Creek Fish Passage Barrier Removal FFY 2024 PROTECT Selections Federal Funding Dear Mr. Knuckey: WSDOT is pleased to advise you that the Fish Passage project listed below has been selected by the Department of Fish and Wildlife's Brian Abbott Fish Bather Removal Board to receive FHWA Promoting Resilient Operations for Transformative,Efficient,and Cost-Saving Transportation (PROTECT)Formula Program funding. Funding is provided as follows: Parish Creek Fish Passage Barrier Removal $2,266,000 Scope: Replace existing culvert and fishway with new bridge that has a 25-ft span. Further details are included in the attached application. NOTE: Funding is provided at 100%for the preliminary engineering, right of way and construction phases of the project,for all eligible federal expenditures. In order to meet state and federal requirements, the following are required: • Project expenditures incurred before receiving notice from Local Programs of federal fund authorization are not eligible for reimbursement. • Please refer to the Local Programs webpage for detailed information,including: (http://www.wsdot.wa.gov/localprograms) ✓ Local Agency Guidelines(LAG)manual for the requirements regarding programming, authorization,reimbursement, etc.; ✓ Proj ects utilizing federal funds must be included in your current Transportation Improvement Program(TIP) as a complete programmed project. Once your TIP amendment is approved,WSDOT will amend the Statewide Transportation Improvement Program(STIP); ✓ Funding and billing forms; Docusign Envelope ID:3B56538C-A11E-43A6-AF13-E939B8E4451C Mr. Thomas Knuckey City of Bremerton May 20, 2024 V Local Project Reporting is required to be completed by the end of June and December each year. To access the database, you will need an account name and password. Your account name is Bremerton and your password is Breme898. The password is case sensitive. • If the project is not actively pursued or becomes inactive (23 CFR 630),the project is at risk of being cancelled, funds repaid and reprogrammed. • FHWA requires that all projects are ADA compliant upon completion or the federal funds must be repaid. As a reminder, Local Programs requires all agencies to submit monthly progress billings to ensure timely reimbursement of eligible federal expenditures. For assistance, please contact your WSDOT Region Local Programs Engineer, John Ho at 564.669.1018 or John.Hoc wsdot.wa.goy. Sincerely, ay Drye, P Director Local Programs JD:km:cdm Attachment cc: David Dinkuhn, Stormwater Project Manager, City of Bremerton Kelly McGourty, Transportation Director, PSRC John Ho, Olympic Region Local Programs Engineer Thomas P. Jameson, Chair, Brian Abbott Fish Barrier Removal Board Docusign Envelope ID:3B56538C-A11E-43A6-AF13-E939B8E4451C Independent Estimate For Consultant Services Worksheet Agency: City of Bremerton Federal Project No.: TBD Project Name: Parish Creek Fish Barrier Removal Prepared By: David Dinkuhn, PE Date: 9/3/24 Type of Services Estimated Cost Comments Planning $0.00 Complete Surveying $0.00 Complete Project Management $15,000.00 Geotechnical Engineering $0.00 See below Geometrics/ Hydraulics Engineering $25,000.00 Structural Engineering $40,000.00 Traffic Engineering $63,828.38 Environmental & permitting $20,000.00 Public Involvement $0.00 Perfromed by City staff Real Estates Services N/A Architectural Services N/A Mechanical/Electrical Engineering N/A Construction Management $0.00 Performed by City staff Total $163,828.38 Indirect Cost Rate Cost (in percent) 175.00% $286,699.67 Fix Fee (in percent) 28.00% $45,871.95 Reimbursable A.Travel and Per Diem $500.00 B. Reproduction Expenses $100.00 C. Computer Expense $0.00 D.Communication $0.00 E. Sampling and Testing $0.00 F. Outside Consultants $15,000.00 Geotechnical Supplement G. Other Total: $15,600.00 Sub-Total $512,000.00 *Contingencies $20,000.00 *Contingencies $20,000.00 * Use only on Cost plus Fix Fee agreement Grand Total $532,000.00 Docusign Envelope ID:3B56538C-A11 E-43A6-AF13-E939B8E4451C COB ENGINEERING LABOR ESTIMATE m DESIGN ' Y ° v m ro ra .� 7- 3 0 PARISH CREEK FISH PASSAGE BARRIER Z 3 - _ E _ a s L REMOVAL v To -. t7 D m z 115 To o LL o a 1— Managing Managing Engineering Civil Task Tasks&Subtasks Engineer Engineer Project Engineering Engineer Project City Engineer (Utility) (Transpo) Manager Tech III II Assistant Billing Rates 80.00 75.00 75.00 70.00 55.00 70.00 45.00 1 Consultant Selection 8 10 22 ® $ 4,220.00 Advertise(RFP/RFQ) 8 2 10 $ 650.00 Interview Consultants 8 8 8 8 32 $ 2,320.00 Contract Negotiation 2 2 4 8 $ 590.00 Contract Preparation 2 2 8 12 $ 660.00 2 Design 6 28 40 164 0 ='': I= II L'II Meetings 2 12 24 64 102 $ 7,340.00 Design Reviews 4 16 16 64 16 116 $ 8,320.00 External Agency Coordination 0 $ - Design Admin 36 36 72 $ 4,140.00 Construction Obligation 0 $ - 3 Project Outreach 0 0 0 8 8 0 L'_, $ 1,000.00 Outreach 8 8 16 $ 1,000.00 4 Bid,Advertisement,Award 4 0 4 12 0 0 _ $ 2,180.00 Advertisement 12 12 24 $ 1,380.00 Bid Opening 2 2 4 $ 310.00 Bid Tabulation 4 4 $ 180.00 Contract Development/Approval 2 2 4 $ 310.00 0 $ - Task Total Hours 14 36 54 206 8 24 62 404 Task Cast $ 1,120.00 $ 2,700.00 $ 4,050.00 $ 14,420.00 $ 440.00 ####### $ 2,790.00 $ 27,200.00 EXPENSES(PERMITS&ADVERTISING) $ 2,800.00 TOTAL ESTIMATED COST $ 30,000.00 T:\PROJECT FILES\PROJECT-Stormwater\882-Parish Creek Culvert Replacement\1DU FINANCIAL\2 LOANS AND GRANTS\PROTECT GRANT AGREEMENT\Draft Obligation Paperwork\11-Staff Time Estimate Printed 9/3/2 0 24 2:22 PM Docusign Envelope ID:3B56538C-A11 E-43A6-AF13-E939B8E4451C COB ENGINEERING LABOR ESTIMATE 70 E , CONSTRUCTION d — $ _ cf In CREEK FISH PASSAGE BARRIER z o = J w ' = L p0 w 7 16 O REMOVAL co =46 " Y c °° z Z o -8coo7 F I— a 6- Managing Managing Engineering Task# Tasks&Subtasks Engineer Engineer Project Engineering Project City Engineer (Utilities) (Transpo) Manager Tech III Assistant Billing Rates 80.00 75.00 75.00 70.00 55.00 45.00 L 1 Pre-Construction 2 4 4 50 14 26 100 $ 6,200.00 Pre-Construction meeting 2 2 2 2 2 2 12 $ 800.00 Submittal Review 2 2 24 12 40 $ 2,640.00 RAM/ROM documentation 16 16 32 $ 1,840.00 Project Paperwork Verification 8 8 16 $ 920.00 0 $ - 2 Construction 4 0 16 232 488 88 828 $ 48,660.00 Project Management/Engineering 4 16 40 64 124 $ 7,200.00 Construction Inspection 120 360 480 $ 28,200.00 Daily Quantity Tabulation 16 64 80 $ 4,640.00 Inspectors Daily Reports 32 64 96 $ 5,760.00 Progress Pay Estimates 24 24 48 $ 2,760.00 Esxpenses 0 $ 100.00 3 Construction Meetings 8 0 16 40 32, A8..211 $ 8,560.00 Weekly Project Meeting 8 8 32 32 48 128 I $ 7,400.00 Utility Coordination Meetings 8 8 16 $ 1,160.00 0 $ - 0 $ - 0 $ - 4 Project Closeout 0 0 4 40 24 41 116 1$ 6,580.00 project closeout paperwork 16 16 32 $ 1,840.00 Project final progress payment 8 8 16 $ 920.00 Punch List 8 16 16 40 $ 2,160.00 Substantial Completion 2 4 4 4 14 $ 830.00 Physical Completion 2 4 4 4 14 $ 830.00 0 $ - Task Total Hours 14 4 40 362 558 210 1188 Task Cost $ 1,120.00 $ 300.00 $ 3,000.00 $ 25,340.00 $ 30,690.00 $ 9,450.00 I $ 70,000.00 T:\PROJECT FILES\PROJECT-Stormwater',882-Parish Creek Culvert Replacement\100 FINANCIAL\2 LOANS AND GRANTS\PROTECT GRANT AGREEMENT\Draft Obligation Paperwork\11-Staff Timerkimts4 9/3/20242:28 PM