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HomeMy WebLinkAbout9045AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Federal Transportation Grant and Local Agency Agreement with WSDOT for the Kitsap Way (SR310) and Warren Avenue (SR303) Traffic Signal and Multimodal Safety Project Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: January 23, 2019 February 6, 2019 Engineering Tom Knuckey 360)473-2376 SUMMARY: In 2018, the City applied for two grants from the Highway Safety Improvement Program; one to improve the bike lanes along Kitsap Way, and a second to improve traffic signals on State Route 303. The City has been offered funds for both projects, and for simplicity the scope and budget from both projects has been collapsed into a single grant. The cost of the Kitsap Way Bike Lanes project is estimated at $1,911,000, and requires a $59,000 match; the cost of the SR303 Traffic Signal Improvement project is estimated at $690,400, and requires a $27,600 match. Staff intend to expedite the work to meet construction obligation by April 30, 2021 which will avoid a 10% match on the construction phase. The offered grant will be in WSDOT Standard Forms, with their standard terms and conditions. ATTACHMENTS: 1) Award letter from WSDOT; 2) Site Plans; 3) Local Agency Agreement (blank) FISCAL IMPACTS (Include Budgeted Amount): Total project cost is estimated at $2,601,400; total grant funds offered is $2,514,800, and the City's cost is $86,600. Match source is projected as REET; this project is listed in 2020 on the REET 5 -year projection. STUDY SESSION AGENDA: x Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda o General Business Public Hearing RECOMMENDED MOTION: Move to accept Federal Transportation Grant; and approve the Local Agency Agreement with WSDOT for the Kitsap Way (SR310) and Warren Avenue (SR303) Traffic Signal and Multimodal Safety Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 Admhk w7Washington State . Department of Transportation July 18, 2019 Mr. Thomas Knuckey Interim Director City of Bremerton 100 Oyster Bay Avenue N Bremerton, Washington 98312 Dear Mr. Knuckey: Transportation Building 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 RECEIVED JUL 2 5 2019 PUBLIC WORKS & UTILITIES DEPARTMENT City of Bremerton Kitsap Way and Warren Ave. Traffic Signal and Multimodal Safety HSIP-OOOS(525) FUND AUTHORIZATION We have received FHWA fund authorization, effective July 17, 2019, for this project as follows: PHASE TOTAL FEDERAL SHARE Preliminary Engineering $418,000 $334,400 As a condition of authorization you must show continuous project progress through monthly billings, until your project is complete. Failure to show continuous progress may result in your project becoming inactive per 23 CFR 630.106(a) (5) and subject to de -obligation of all federal funds and agreement closure. Enclosed for your information and file is a fully executed copy of Local Agency Agreement LA-9619 between WSDOT and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. Any costs incurred after the Project Agreement End Date shown on the agreement are not eligible for federal reimbursement. In addition, all eligible costs incurred prior to the End Date must be billed within sixty (60) days of the End Date or they are ineligible for federal reimbursement. FHWA requires projects utilizing federal funds for preliminary engineering or right of way to advance to construction. If this project is unable to proceed to construction, any expended federal funds must be repaid. 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. Thomas Knuckey Interim Director City of Bremerton Kitsap Way and Warren Ave July 18, 2019 You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincerely, Stephanie 'ax Manager, Program Management Local Programs ST:jg:ml Enclosure cc: Bryan Dias, Olympic Region Local Programs Engineer, MS 47440 !► Washington State W. Department of Transportation Agency City of Bremerton Address 345 6th Street, Suite 100 Bremerton, WA 98337 ► X� Local Agency Agreement CFDA No. 20.205 (Catalog or Federal DomeslicAssistance) Project No. 14 5 1 i ` D 6 Agreement No. 46 ` 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) 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 Kitsap Way (SR 310) & Warren Ave. (SR 303) Traffic Signal and Multimodal Safety Length N/A Termini SR 3 to Montgomery Ave. and Burwell St. (SR 304) to Furneys Lane Description of Work Retime signals, increase the visibility of traffic signal heads, and improve conditions for pedestrians at traffic signals. Upgrade signing and pavement markings and control access at driveways. On Kitsap Way (SR 310), improve lighting and rechannelize the roadway including with bike lanes and green bike lane facilities. Project Agreement End Date 12/31/2022 Claiming Indirect Cost Rate Proposed Advertisement Date Yes No of Fundirig— Eptomate Type of Work (1) (2) (3) Estimated Total Estimated Agency Estimated Federal PE Pro'ect Funds Funds Funds ° Agency _ 90 46,445.00 4,645.00 41,800.00 1321,555.00 46,445.00 32,155.00 46,445.00 289,400.00 b_0ther Consultant Federal Aid er Participation Ratio for PE 3 555.00 355.00 3,200.00 Total-REe. s E 418,000.00 83,600.00 334,400.00 Right of Way Agency q. Other Federal Aid Participation Ratio for RW i. State 0.00 0.00 0.00 Constructlon k Otherm. Federal Aid Other Participation Ratio for CN Agency 0 0.00 0.00 1 0.00 r Total 418,000.00 3,600.00 334,400.00 Ayency �rr�crar By Title Mayor, City of Bremerton W shfng n e Department of Transportation By Director, Local ronrams Date Executed JUL 12,209 DOT Form 140-039 Revised 03/2019 Page 1 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 2/6/19 1 , 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. 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 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 funds paid to the Agency under the terms of this agreement (see Section IX). DOT Form 140-039 Page 2 Revised 03/2019 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). Vill. 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 promptly to the State. DOT Form 140-039 Page 3 Revised 03/2019 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. XI. 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 Il, 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 (c) Refer the case to the Department of Justice for appropriate legal proceedings. DOT Form 140-039 Page 4 Revised 03/2019 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 03/2019 WrWashington State Agr Department of Transportation January 7, 2019 Mr. Chal Martin Public Works Director �ryn City of Bremerton 100 Oyster Bay Avenue N Bremerton, Washington 98312 Transportation Building 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 RECEVED JAN 10 2019 PUBLIC WORDS & UTILITIES DEPARTMENT Kitsap Way (SR 310) and Warren Avenue (SR 303) Traffic Signal and Multimodal Safety FFY 2018 City Safety Selections Federal Funding Dear Mr. Martin: WSDOT is pleased to advise you that the above mentioned safety project was recently selected. The federal funding is limited to the amount shown below: Kitsap Way (SR 310) and Warren Avenue (SR 303) Traffic Signal and Multimodal Safety $2,514,800 Scope: See attached Project Summary — delivered as one contract. NOTE: Projects require a ten percent local match per phase (preliminary engineering/design, right-of-way, and construction) for all eligible federal expenditures. If the construction phase is authorized by April 30, 2021, then the construction phase is eligible for 100 percent funding (no local match required). Federal funds cannot be used as match for any phase. Scope and funding modifications are not allowed. 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: (htip://www.wsdot.wa.gov/locall2rograms/ ✓ Local Agency Guidelines (LAG) manual for the requirements regarding programming, authorization, reimbursement, etc.; ✓ Projects 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; ✓ Quarterly Project Reporting is required to be completed by the end of March, June, September, 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. Chal Martin Public Works Director City of Bremerton FFY 2018 City Safety Selections January 7, 2019 • 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 Neal Campbell, your Region Local Programs Engineer, at 360.357.2666. Sincerely, w a ��\- Kathleen B. Davis Director Local Programs KBD:me:sas Enclosure cc: Kelly McGourty, Transportation Director, PSRC Neal Campbell, Olympic Region Local Programs Engineer, MS 47440 Project Summary Program: 2018 City Safety Program Date: December 2018 Agency: City of Bremerton Contact: Shane Weber, PE, Managing Engineer, 360-473-2354, shane.weber@ci.bremerton.wa.us Project Title: Kitsap Way (SR 310) and Warren Ave. (SR 303) Traffic Signal and Multimodal Safety Project Number: Not yet assigned Project Description: Retime signals, increase the visibility of traffic signal heads, and improve conditions for pedestrians at traffic signals. Upgrade signing and pavement markings and control access at driveways. On Kitsap Way (SR 310), improve lighting and rechannelize the roadway including with bike lanes and green bike lane facilities. Detailed Project Description: The following work includes associated ADA and drainage/utility work as needed. A. Based on existing studies and a preliminary concept plan, finalize the plan for bike lanes, buffered bike lanes, green bike lanes, and green bike boxes on Kitsap Way (SR 310) between SR 3 and N Callow Ave. Implement the plan. Includes upgrading existing signs/posts and adding new signs/posts. B. At the intersection of Kitsap Way (SR 310) and Shorewood Dr.: 1. Eastbound: Add a protected right turn phase. 2. Install truncated domes on the pedestrian refuge island in the southwest quadrant. 3. Install a new high visibility (piano key style) crosswalk for the eastbound right turn lane. Includes associated pavement marking removal work. C. At the intersection of Kitsap Way (SR 310) at Ostrich Bay Ave.: 1. Eastbound: Install a left turn three section signal head and protected left turn phasing. Remove the "Left turn must yield" sign. 2. Northbound: Replace right turn signal head and remove the left turn only pavement marking arrow to change the lane to a shared through/left. D. At Kitsap Way (SR 310) and the pedestrian signal between Oyster Bay Ave. and National Ave., remove two extra signal heads and adjust the four remaining signal heads. E. At the intersection of Kitsap Way (SR 310) and the Rite Aid access near National Ave. N, replace the driveway cut with standard intersection curb returns, crosswalk markings, a stop bar, and signs. Includes removal and disposal of concrete pavement and other structures and obstructions. F. Add c-curb at the Starbucks driveway near the intersection of Kitsap Way (SR 310) and National Ave. to control access. G. At the intersection of Kitsap Way (SR 310) and National Ave.: 1. Eastbound: Add a protected vehicle/pedestrian phase for the right turn lane. 2. Install a new high visibility (piano key style) crosswalk for the eastbound right turn lane. Includes associated pavement marking removal work. 3. For the pedestrian refuge island in the southwest quadrant: a. Update it to current ADA standards, including installing truncated domes. b. Update the pavement markings around it for the potential to improve pedestrian safety. 4. Evaluate and update turn and pedestrian signs. H. At the intersection of Warren Avenue (SR 303) and 11(h St., replace the eastbound auxiliary signal head with a protected arrow display. Page 1 of 7 I. Coordinate with Kitsap Transit to consolidate bus stops and remove midblock stops between Adele Ave./Marine Dr. and Wilbert Ave./Corbet Dr. J. On Kitsap Way (SR 310) between Wilbert Ave./Corbet Dr. and 11 th Ave.: 1. Widen the roadway and move the sidewalk by approximately F to add a bike lane (per item A above). 2. Eastbound: Upgrade and add new light emitting diode (LED) street lighting. K. At the intersection of Kitsap Way (SR 310) and 11th Ave.: 1. Install pedestrian crossing restriction signs on the west leg. 2. Remove the existing traffic signal pole and mast arm in the SE quadrant. Install a dual mast arm signal pole on a new foundation in the SE quadrant. 3. Replace the existing traffic controller cabinet and foundation on the west side of the intersection. 4. Install accessible pedestrian pushbuttons: a. NE quadrant (2) b. NW quadrant (2) c. SE quadrant (2) d. SW quadrant (2) L. Re-channelize Kitsap Way (SR 310) between 11 th Ave. and N Wycoff Ave, M. Upgrade to ADA accessible curb ramps at the following intersections: 1. Kitsap Way (SR 310) and Shorewood Ave. a. SW quadrant (1) 2. Kitsap Way (SR 310) and National Ave. a, SW quadrant (1) 3. Kitsap Way (SR 310) and 11 th Street. a. SE quadrant (1) b. SW quadrant (1) 4. Kitsap Way (SR 310) and 11 th Ave. a. SE quadrant (1) N. Upgrade or add new street name signs to the latest Manual on Uniform Traffic Control Devices standards: 1. Kitsap Way (SR 310) and Oyster Bay Ave. a. Northbound b. Eastbound c. Westbound 2. Kitsap Way (SR 310) and Wycoff Ave. a. Northbound b. Eastbound c. Southbound d. Westbound 3. 6th St. (SR 310) and N Callow Ave. a. Northbound b. Eastbound c. Southbound d. Westbound 0. Remove the yield sign at the following intersections: 1. Kitsap Way (SR 310) and Shorewood Dr. -southwest quadrant 2. Kitsap Way (SR 310) and National Ave. -southwest quadrant P. Remove existing traffic signal heads and install new traffic signal heads with retroreflective backplates at the following intersections: Page 2 of 7 1. Warren Ave. (SR 303) and Burwell St. (SR 304) a. Eastbound b. Westbound c. Southbound 2. Warren Ave. (SR 303) and 6th St. a. Eastbound b. Westbound c. Northbound d. Southbound 3. Warren Ave. (SR 303) and 11th St. a. Eastbound b. Westbound c. Northbound d. Southbound 4. Warren Ave. (SR 303) and 13th St. a. Eastbound b. Westbound c. Northbound d. Southbound 5. Warren Ave. (SR 303) and 16th St. a. Eastbound b. Westbound c. Northbound d. Southbound 6. Wheaton Way (SR 303) and Sheridan Rd. a. Eastbound b. Westbound c. Northbound d. Southbound 7. Wheaton Way (SR 303) and Sylvan Way a. Eastbound b. Westbound c. Northbound d. Southbound 8. Wheaton Way (SR 303) and Hollis St. a. Eastbound b. Westbound c. Northbound d. Southbound 9. Wheaton Way (SR 303) and NE Riddell Rd. a. Eastbound b. Westbound c. Northbound d. Southbound 10. SR 303 and NE Fumeys Ln. a. Eastbound b. Westbound c. Northbound d. Southbound 11. Kitsap Way (SR 310) and the southbound SR 3 off -ramp a. Eastbound b. Southbound c. Westbound Page 3 of 7 12. Kitsap Way (SR 310) and the northbound SR 3 on -ramp a. Eastbound b. Westbound 13. Kitsap Way (SR 310) and Shorewood Dr. a. Eastbound b. Westbound 14. Kitsap Way (SR 310) and Oyster Bay Ave. a. Northbound b. Eastbound c. Westbound 15. Kitsap Way (SR 310) and the pedestrian signal between Oyster Bay Ave. and National Ave, a. Eastbound b. Westbound 16. Kitsap Way (SR 310) and National Ave. a. Westbound 17. Kitsap Way (SR 310) and Adele Ave./Marine Dr. a. Westbound 18. Kitsap Way (SR 310) and 11 m Ave. a. Northbound 19. Kitsap Way (SR 310) and Wycoff Ave. a. Eastbound b. Southbound c. Westbound 20. 6t" St. (SR 310) and N Callow Ave. d. Northbound Q. Install auxiliary signal heads at the following intersections: 1. Warren Avenue (SR 303) and Burwell Street (SR 304) a. Eastbound b. Westbound 2. Warren Avenue (SR 303) and 6th Street a. Eastbound b. Westbound 3. Warren Avenue (SR 303) and 11th Street a. Westbound 4. Warren Avenue (SR 303) and 13th Street a. Eastbound b. Westbound 5. Warren Avenue (SR 303) and 16th Street a. Eastbound b. Westbound 6. Wheaton Way (SR 303) and Sheridan Rd. a. Eastbound b. Westbound c. Northbound 7. Wheaton Way (SR 303) and Sylvan Way a. Eastbound b. Westbound c. Northbound 8. Wheaton Way (SR 303) and Hollis St. a. Westbound 9. Wheaton Way (SR 303) and NE Riddell Rd. a. Eastbound Page 4of7 b. Westbound c. Southbound 10. SR 303 and NE Furneys Ln. a. Northbound b. Southbound 11. Kitsap Way (SR 310) and Shorewood Dr. a. Eastbound b. Westbound 12. Kitsap Way (SR 310) and Ostrich Bay Ave. a. Northbound b. Eastbound c. Westbound 13. Kitsap Way (SR 310) and Oyster Bay Ave. a. Eastbound b. Westbound 14. Kitsap Way (SR 310) and National Ave. a. Eastbound b. Westbound 15. Kitsap Way (SR 310) and 11th Ave. a. Northbound b. Southbound 16. Kitsap Way (SR 310) and Wycoff Ave. a. Southbound R. Evaluate types of vehicle and bicycle detection, select the best type, and install it at the following intersections: 1. Kitsap Way (SR 310) and Shorewood Dr. 2. Kitsap Way (SR 310) and Ostrich Bay Ave. 3. Kitsap Way (SR 310) and Oyster Bay Ave. 4. Kitsap Way (SR 310) and National Ave. 5. Kitsap Way (SR 310) and Adele Ave./Marine Dr. 6. Kitsap Way (SR 310) and 11 th Ave. S. Update the traffic signal timing and coordination and include pedestrian clearance and leading pedestrian intervals at the following intersections in all directions: 1. Warren Ave. (SR 303) and Burwell St. (SR 304) 2. Warren Ave. (SR 303) and 6th St. 3. Warren Ave. (SR 303) and 11th St. 4. Warren Ave. (SR 303) and 13th St. 5. Warren Ave. (SR 303) and 16th St. 6. Wheaton Way (SR 303) and Sheridan Rd. 7. Wheaton Way (SR 303) and Sylvan Way 8. Wheaton Way (SR 303) and Hollis St. 9. Wheaton Way (SR 303) and NE Riddell Rd. 10. SR 303 and NE Furneys Ln. 11. Kitsap Way (SR 310) and Shorewood Dr. 12. Kitsap Way (SR 310) and Ostrich Bay Ave. 13. Kitsap Way (SR 310) and Oyster Bay Ave. 14. Kitsap Way (SR 310) and the pedestrian signal between Oyster Bay Ave. and National Ave. 15. Kitsap Way (SR 310) and National Ave. 16. Kitsap Way (SR 310) and Adele Ave./Marine Dr. 17. Kitsap Way (SR 310) and 11th Ave. 18. Kitsap Way (SR 310) and Wycoff Ave. 19. 6th St. (SR 310) and N Callow Ave. Page 5 of 7 20. 61h St. and N Montgomery Ave. Page 6 of 7 Protect Schedule lEstimatedL Project added to the Statewide Transportation Improvement Program (STIP) 01/19 Project agreement signed with WSDOT Local Programs 03119 _ Begin PE PE phase authorized by FHWA through WSDOT Local Pro rams 04/19 Community/stakeholder engagement complete Complete Environmental documents (required for eve ro'ect approved by WSDOT Local Programs 06/19 Right-of-way completed certification by FHWA through WSDOT Local Programs) 12/19 Contract advertised 01 /20 Contract awarded Construction complete 03/20 08/20 Protect Cost and Award Amount: Phase Total cost Local Match Amount awarded $83,600 $334,400 $3,000 $12,000 $0 $2,168,400 $86,600 1 $2,514,800 30, 2021 to waive the 10% match requirement for the construction phase. Preliminary Engineering $418,000 Right -of -Way $15,000 Construction $2,168,400 Total $2,601,400 Construction funds must be obligated by April If you agree to the project summary described above, please sign or electronically sign below and return to Susan Bowe at Bo�vc:„(tr)visdot� .g0V. Concurrence: I agree to the project summary described above. Approving authority name (print): Approving authority signature: L1-- � A L A. J-31A )�7' 1141 Page 7 of 7 LOCATION MAP i6- RIDDELL AND FURNEYS (SHEET 8) HOLLIS (SHEET 7)' IF 7, SYLVAN (SHEET 6) SHERIDAN (SHEET 5) 1 6TH (SHEET 4) - - ­1 11TH AND 13TH (SHEET 3) SR 304 AND 6TH ST 144 , mi (SHEET 2) VICINITY MAP Trikkala Bainbridge o urxs asr:t 303 island � llahee Wildcat Lake Erlands Tracyton 3os Seattle Point-Kitsap Port Blakely t: "' Lake Sheridan Enetai Fort Ward �9 °d� aria .. •. Bremerton Manchester N 1! Gorst R) Fernwood White Center . Bethel r S � rd etery Q 3r `,'drnlo roads P O L ti Begin project].... � z > a � n > 7 A 7 Q Ivy McOonatd's 4 r � 6 { S End Project 3 rotenss } Chi x \6, rat+Si Si Aft wrWashington State o Department of 1Yansportation Agency Address Local Agency Agreement CFDA No. 20.205 (Catalog or Federal Domestic Assistance) Project No. 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) 2 CFR Part 200, (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Termini Description of Work Project Agreement End Date Proposed Advertisement Date Length Claiming Indirect Cost Rate Yes ❑ No Estimate of Funding (1) (2) (3) Type of Work Estimated Total Estimated Agency Estimated Federal Project Funds -- Funds Funds PE a. A enc % _ b. Other Federal Aid c Other Participation d. State Ratio for PE e T +++ $0.00 $0.00 $0.00 g t of VNayo f. A enc g.Other Federal Aid h. Other Participation Ratio for RW i. State ". To al R= Cost Estimate f+ +h+i $ 0.00 $ 0.00 $ 0.00 Construction k. Contract 1. Other m. Other Federal Aid n. Other Participation o. Agency Ratio for CN p. State q. Total CN Cost Estimate k+I+m+n+n+ $0.001 $ 0.00 $ 0.00 r Total Project Cost Estimate a++ $ 0.00 $ 0.00 $ 0.00 Aqencv Official Washinaton State Department of Transportation By Title By Director, Local Programs Date Executed DOT Form 140-039 Page 1 Revised 05/2015 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 , , 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 cant' 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. 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 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 funds paid to the Agency under the terms of this agreement (see Section IX). DOT Form 140-039 Page 2 Revised 0512015 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). Vill. 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 promptly to the State. DOT Form 140-039 Page 3 Revised 05/2015 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 90 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. XI. 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 (c) Refer the case to the Department of Justice for appropriate legal proceedings. DOT Form 140-039 Page 4 Revised 05/2015 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 05/2015