HomeMy WebLinkAbout3751 Contract Number: 3751
Vendor: �TRANSPORTATION - DEPT OF (WA STATE)
Subject: SR304 TIP - Fund Authorization #P-STPF-TA96(058)
Department: Engineering
File Class: LEG 12-1
Begin Date: 06/14/1996
End Date: 09/19/2011
Review Date: 02/15/2013
Vault Date: O1/O1/2013
Comments: Agreement closed 9/19/08 - State requires file remain
available for 3 additional years per Lynn Price
Local Ager , Agreement
WaShington State
Department of Transportation
~[NIy Supplement No. 1
Agency City of Bremerton Federal Aid Project Number P-STPF-TA96(058)
Date Sept. 2, 1997 Agreement Number LA 3274
The Agency of City of Bremerton desires to supplement the basic agreement entered into
and executed on.lun~ 14 1.q.cJ7 as described above. All provisions in the basic agreement remain in
effect except as expressly modified in this agreement.
The changes to the agreement are described as follows:
Name SR304 Transportation Improvement Project Length 6.34 km
Termini SR 3/SR 304 Interchange to the Bremerton Ferry Terminal
Description of Work Prepare PS&E, Right of Way Plans and acquire Right of Way for project
Reason for To obligate right of way funds for the early acquisition of 72 parcels (eligible properties shown on
Supplement attached drawing) in order to maintain the project schedule
ESTIMATE OF FUNDING
t'1) t,() t~) 14) ts)
Type of Work Prev. Agreement/ Supplement Estimated Total Estimated Estimated
Supplement Project Funds Agency Funds Federal Funds
a. Agency Work z;~u,um z;~u,uu[ 11 b,u~u 115,uu{
PE b. Other ....... ~ ~'~ bb',b~( ....................... '~ ~'[(~)',~)~( ........
c. State services .......... ~)',b~( .......................... ~b',b~( ..........
d. Total PE cost (a+b+c) 1,350,00( 1,350,00( 675,000 675,000
.lgnt o, way ~ ~
e. Agency work
'. Other ::'.'.'.'.::::'.'.'.'.'.: ~,~.~ ~.'.2'.i~
g. State Services ~'~o.o~ ....... . ......... 1g~5,75"~
. , h..TotalRNVcost (e+f+g) ~,.:':%.T.c: ~'.z~.~ ~;~j0?~/,~;; o,uz/,uuI
i. Contract
j. Other ................................................................................
k. Other ................................................................................
I. Other
m. Total (i+j+k+l)
Construction Engineering
n. Agency
o. Other ................................................................................
p. State Forces ................................................................................
q.Total Const Engr (n+o+p)
r. Total Const Cost (m+q)
project (d+h+r) 1,350,00( 5,702,00(
* Federal participation in Construction Engineering (q) is limited to 15% of the Total Contract Costs (line m, column
5)
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 application provisions.
AGENCY ~ /~ WASHINGTON STATE
OFFICIA~L.,27"~_~ DEPARTMENT OF TRANSPORTATION
Lynn Horton Assistant 3ecretary for I ransAid
Mayor SIP I 5 1997
Date Executeo
Department of Transportation Local Agency Agreement
Agency CITY OF BREMERTON Project No. ~-STia~--'TA'~(o ~_o~-_~5
Addross 5027 OLYMPUS DRIVE Agreement No.. L~A ~
BREMERTON, WA 98310-4799 For Headqua~tem WSDOT u~e only.
The Local Agency havin8 complied, or hereby agraeing to comply, with the term~ and conditions ~et ~orth in (1) Tide 23, U.S. Code Highways, (2)
the ~,,ulations issued pursuant thereto, (3) Office of Management and Budget Circ~dar~ A-102 and A-128, (4) the polities and proceclura~
P~iem~Uig~,ot v~ by the Wa.s .h~. gton State Department of Trans .po~tation, and (5) the federal aid project ~sree..m. ent ent~z~l into between the State and
~.o ernm~-~t, remtive to the above project, the Wasl~n State Depari~ent of Transpo~alion will author~e the Local Agency to
proceed on the project by a separate noti~cation. Federal funds which am to be obligated for the project may not exceed the amount shown herein
on line s, cokm~n 3, without written authority by the State, subject to the approval of the Federal Highway Administration. Alt,~rojert costs not
reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Name STA?E ROUTE 304 TRANSPORTATION IMPROVEMENT PROJE~T Length 6.34 KM
?erm~qR3/$R304 INTERCHANOE TO THE BREMERTON FERRY TERMINAL
CPortion o£ the $R3/$R304 B~remer'con Fer~y Te~m~.naI to Gorst Vicinity Project)
HOV lane ±mplemental:±on, access conl:~oI m~asures, i~p~ro¥~menl:s to £ronta~e ~oacl and
access streel:s, ney ±nters~ctions, s~gnals, s~.gnaI 'interconnection, ±Ilumlnation land-
scaping, roadway su~£~ce ±~p~o¥~ments, s~.gnage ~.ml)~oYe~nts, ~nd a one-way couplet
improYem~n'cs on $R304.
E..timatu of Funding
Type of Work m ~)
EsrimatedTotel Esllmated Estimated
b. ~her Consultant; ..... L. ~. 0..0....0...0...0. ..................... ~,.0.~..0..q0. .................... $.~.0....0.p..,0.. ...........
c. Stateasrvices Caud:J.t~ ~11i5¢) 20~000 I0~000 I0~000
cL Total PE cost astimate (a+b+¢) i ~ :350 ~ 000 ~78 ~ 000 675 ~ 000
,. er .......
g. Statesewices~-8~ ~
h. Total R/W co~t estimate (e+f+g) ~ 003,000 /1 · ~'~ ~ 000
L'
j. Other
k. Other
1. Other
m. Total contract costs (i+j+k+l)
n. Agency
o. Other
p. State forces
q. Total constnlcti~n engineering (n+o+p)
r. Total co~strochon cost Estimate (re+q)
s. Totalcostastimaieofthep~ojert (d+h+r)
· Federal partieiparion ia con~itucrion e~ineering (q) is Umited to iS percent o f the tetal col~tract costs (linem, column 3).
The federal aid participation rate in this project will be determined _by the Federal Government. The pacties expect that it will
~. ho~vever, it is understood that the rate may vary. The Local Agoncy agrees that this a~mement is entered into without re~ any
..mp~?en..~. tion by ,t,.h~....state made outsi~e of ~ contract, or contained here[n, as to what the fe~erai participation rate will be. It f~r a~grees
~U~at~~ ~edmer~n~ t c_o ,n.a!t~c~ any futu~te a.cU.ons w~th ~s ,i~, .to ~e pr~e?t c?ered by this agreement upon past, current, or future rep~sentations as
· . ., paruopanon tare. lne oonar amount m leoerai .~. rttol~.t~on c. am~ot exceed the amount shown in line s, column 3. All costs not
retmourson Dy the F~detal Government shall be the respomibllity of the Local Agency.
DOT .r~n ~ 4o-0~
Construction Method,R.f Financing
/¢h~ck method selecled) ~
State Ad and Award
C3 Method A -- Advance Payment -- Agency share of total construction cost (based on contract award)
C3 Meth°d B -- Withh°ld from gas tax the Agency's share of rural construction cost (line 4, column 2) in the amount of
$ at $ per month for months
Local Force or Local Ad and Award
~ MethodC--Agencycostincurredwithpartialreimbursement
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 sat forth below. Adopted by official action
on /q[~ ,19__~ Resolution/Ordinance No.
Agency Official Washington State Department of Transportation
LYNN HORTON. MAYOR
ProvJ~ions
I. ~:~O~ll~ of Wm~ payment of any federal aid funds to the Agency. Copies of said
. The Agency shall provide all the work, labor, materials, and records shall be furnished to the State and/or Federal Government
sarwces necessary to perform the project which is described and set upon request.
forth in detail in the "Project Description" and "Type of Work."
When the State acts for and on behalf of the Agency, the State V. Om~pllance with P~ovlslon.
shall be deemed an agent of the Agency and shall perform the services The Agency shall not incur any federal aid participation costs
described and indicated in ~Type of Work" on the face of this on any classification of work on this project until authorized in
agreement, in accordance with plans and spedtications as proposed by writing by the State for each classification. The classifications of work
the Agency and approved by the State and the Federal Highway for projects are:
Administration. 1. Preliminary engineering up to and including approval.
When the State acts for the Agency but is not subject to the right 2. Preparation of plans, specifications, and estimates.
of control by the Agency, tbe State shall have the right to perform the 3. Right of way acquisition.
work subject to the ordinary procedures of the State and Federal 4. Project coostruction.
Highway Administration. In the event that right of way acquisition, or actual construction
II. Dele~atk~n of Authority of the road, for which preliminary engineering is undertaken is not
The State is willing to fulfill the respon'sibdities to the Federal started by the closing of the tenth fiscal year following the fiscal year
in which the agreement is executed, the Agency will repay to the State
Government by the administration of this project. The Agency agl~os the sum or sums of federal funds paid to the Agency under the terms
that the State shall have the full authority to carry out this
of this agreement (see Section VIII).
administration. The State shall review, process, and approve The Agency agrees that all stages of construction necessary to
documents required for federal aid reimbursement in accordance with provide the initially planned complete facility within the limits of this
federal requirements. If the State advertises and awards the contract, project will conform to at least the minimum values set by approved
the State will further act for the Agency in all matters concerning he statewide design standards applicable to this class of highways, even
proJeCt as requested by the Agency. If the Local Agency advertises and though such additional work is financed without federal aid
awards the project, the State shall review the work to ensure
conformity with the approved plans and specifications, participation.
The Agency agrees that on federal aid highway construction
III. Peojemt Administration projects, the current federal aid regulations which apply to liquidated
Certain types of work and services shall be provided by the State damages relative to the basis of federal participation in the project
cc~t shall be applicable in the event the contractor fails to complete
on this project as requested by the Agency and described in the Type the contract within the contract time.
of Work above. In addition, the State will furnish qualified personnel
', for the supervision and inspection of the work in progress. On Local VI. Pa~m~t and Psrtlsl Relmhur.ement
Agency advertised and awarded projects the supervision and The total cost of the project, including all review and
inspection shall be limited to ensuring all work is in conformance with engineering costs and other expenses of the grate, is to be paid by the
approved plans/specifications, and federal aid requirements. The Agency and by the Federal Government. Federal funding shall be in
salary of such engineer or other supervisor and all other salaries and accord with the Intermodal Surface Transportation Efficiency Act
costs incurred by State forces upon the project will be considered a cost 1991, Title 23, United States Code, as amended, and Office of
thereof. All costs related to this project incurred by employees of the Management and Budget circulars A-102 and A-128. The gtate shall
State in the customary manner on highway payrolls and vouchers shall not be ultimately responsible for any of the costs of the project. The
be charged as costs of the project. Agency shall be ultimately ~sponsible for all costs associated with the
IV. Availability of Re~ords project which are not reimbursed by the Federal Government.
All project records in support of all costs incurred and actual Nothing in this agreement shall be construed as a promise by the State
expenditures kept by the Agency are to be maintained in accordance as to the amount or nature of federal participation in this project.
with procedures prescribed by the Division of Municipal Corporations · Preliminary Engineering, Right of Way Acquisition, and
of the State Auditor's Office, the U.S. Department of Transportation, AuditCosts
and the Washington State Department of Transportation. The records The Agency will pay for Agency incurred costs on the project.
shall be open to inspection by the State and Federal Government at all Following such payments, vouchers shall be submitted to the State in
reasonable times and shall be retained and made available for such the format prescribed by the State, in quadruplicate, not more than
inspection for a period of not less than three years from the final one per month. Tl~e State will reimburse the Agency up to the
OOT Form 140-039
amount shown on the face of this ag~ement for those costs eligible for participation, etc.) is not made to the State within 45 days after the
federal participation to the extent that such costs are directly attribot- Agency has been billed, the State shall effect reimbursement of the
able and properly allocable to this project. Expenditures by the Local total sum due from the regular monthly fuel tax allotments to the
Agency for the establishment, maintenance, general administration, Agency from the Motor Vehicle Fund. No additional Federal project
supervision, and other overhead shall not be eligible for federal funding will be approved until full payment is received unless
participation.
The State will pay for State incurred costs on the project, otherwise directed by the Assistant Secretary for TransAid.
Following payment, the State shall bill the Federal Government for IX. Traffic Cmltr~l, Signing, Mm'king, and Roadway
reimbursement of those costs eligible for federal participation to the Maintenance
extent that such costs are attributable and properly allocable to this The Agency will not permit any changes to be made in the
project. The State shall bill the Agency for that portion of State costs provisions for parking regulations and traffic control on this project
which were not reimbursed by the Federal Government (see without prior approval of the State and Federal Highway
Section VBI).
Administration. The Agency will not install or perm t to be installed
Z ProjectConstructionCosts any signs, signals, or markings not in conformance with the standards
Project construction financing will be accomplished by one approved by the Federal Highway Administration and MUTCD. The
of the three methods as indicated in this agreement. Agency will, at its own expense, maintain the improvement covered
Method A - The Agency will place with the State, within (20) by this agreement.
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 X. Indemnity ;,
the contract award. The State will notify the Agency of the exact The Agency shall hold the Federal Government and the State
~mount to be deposited with the State. The State will pay all costs harmless from and shall process and defend at its own expense ali
recurred under the contract upon presentation of progress billings claims, demands, or suits, whether at law or equity brought against
from the contract6r. Following such payments, the State will submit a the Agency, State, or Federal Government, arising from the Agency's
billing to the Federal Government for the federal aid participation execution, performance, or failure to perform any of the provisions of
share of the cost. When the project is substantially completed and final this agreement, or of any other agreement or contract connected with
actual costs of the project can be determined, the State will present the this agreement, or arising by reason of the participation of the State or
Agency with a final billing showing the amount due the State or the Federal Government in the project, PROVIDED, nothing herein shall
amount due the Agency. This billing will be cleared by either a require the Agency to reimburse the State or the Federal Government
payment from the Agency to the State or by a refund from the State to for damages arising out of bodily injury to persons or damage to
the Agency. property caused by or resulting from the sole negligence of the
Method B - The Agency's share of the total construction cos as Federal Government or the State.
shown on the face of this agreement shall be withheld from its monthly No liability shall attach to the State or Federal Government
fuel tax allotments. The face of this agreement establishes the months except as expressly provided herein.
in which the withholding shall take place and the exact amount to be Xl. Nondl.ceimlnatlon Provis on
withheld each month. The extent of withholding will be confirmed by The Agency here'by agrees that it will incorporate or cause to be
letter from the State at the time of contract award. Upon receipt of incorporated into any contract for construction work, or modification
progress billings from the contractor, the State will submit such
billings to the Federal Government for payment of its participating thereof, as defined in the rules and regulations of the Secretary of
portion of such billings. Labor at 41 CFR Chapter 60, which is paid for in whole or in part with
Method C- The Agency may submit vouchers to the State in the funds obtained from the Federal Government or borrowed on the
format prescribed by the State, in quadruplicate, not more than once ~redit of the Federal Government pursuant to a grant, contract, loan,
per month for those costs eligible for Federal participation to the extent insurance, or guarantee or understanding pursuant to any federal
that such costs are directly attributable and properly allocable to this program involving such grant, contract, loan, insurance, or guarantee,
project. Expenditures by the Local Agency for the establishment, the following equal opportunity clause:
maintenance, general administration, supervision, and other overhead "DURING THE PERFORMANCE OF THIS CONTRACT, THE
shall not be eligible for Federal participation. CONTRACTOR AGREES AS FOLLOWS:"
The State shall reimburse the Agency for the Federal share of (a) The contractor will not discriminate against any employee or
eligible~rojec t~ost sup ~o the amount shown on the face of this applicant for employment because of race, color, religion, sex, or
agreement. At the time of audit, the Agency will provide national origin. The contractor will take affirmative action to ensure
documentation of all costs incurred on the project, that applicants are employed and that employees are treated during
The State shall bill the Agency for all costs incurred by the State employment without regard to their race, color, religion, sex, or
relative to the project. The State shall also bill the Agency for the national origin. Such action shall include, but not be limited to, the
federal funds paid by the State to the Agency for project costs which following: employment, upgrading, demotion or transfer; recruitment
ate subsequently deterrained to be ineligible for federal participation or recruitment advertising; layoffs or termination; rates of pay or
(see Section VIII). other forms of compensation, and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,
VII. Audit of Fe4eral Aid I~oJ~ct available to employees and applicants for employment, notices to be
The Asency, if services of a consultant are required, shall be provided by the Agency setting forth the provisions of this
responsible for audit of the consultant's records to determine eligible nondiscrimination clause.
federal aid costs on the project. The report of said audit shall be in the (b) The contractor will, in all solicitations or advertisements for
gency s files and made avadable to the State and the Federal employees placed by or on behalf of the contractor, state that all
Government. qualified applicants will receive consideration for employment
An audit shall be conducted by the WSDOT Internal Audit without regard to race, color, religion, sex or national origin.
Office in accordance with generally accepted governmental auditing (c) The contractor will send to each labor union or
standards as issued by the United States General Accounting Office by representative of workers with which he has a collective bargaining
the Comptroller General of the United States; WSDOT Directive agreement or other contract or understanding, a notice to be provided
D27-50, Consultant Authorization, Selection, and Agreement by the Agency advising the said labor union or workers'
Administration; memoranda of understanding between WSDOT and representative of the contractor's commitments under this Section
FHWA; and Office of Management and Budget Circular A-128. 11-2 and shall post copies of the notice in conspicuous places available
If upon audit it is found that overpayment or participation of to employees and applicants for employment.
federal money in ineligible items of cost has occurred, the Agency shall (d) The contractor will comply with all provisions of Executive
reimburse the State for the amount of such overpayment or excess Order 11246 of September 24, 1965, and of the rules, regulations, and
participation (see Section VIII). relevant orders of the Secretary of Labor.
(e) The contractor will furnish all information and reports
VIII. Payment of Billing required by Executive Order 1 I246 of September 24, 1965, and by the
The Agency agrees that if payment or arrangement for payment rules and regulations and orders of the Secretary of Labor or
of any of the State's billing relative to the project (e.g., State force work, pursuant there o, and w 11 permit access to his books, records, and
project cancellation, overpayment, cost ineligible for federal accounts by the Federal Highway Administration and the Secretary of
DOT Form 140-039
Labor for purposes of investigation to ascertain compliance with such to the amount of Federal participation in the project cost, shall be
rules, regulations, and orders, applicable in the event the contractor falls to complete the contract
(f) In the event of the contractor's noncompliance with the within the contract time. Failure to include liquidated damages
nondiscrimination clauses of this contract or with any of such rules, provision will not relieve the Agency from reduction of federal
regulations or orders, this contract may be canceled, terminated, or participation in accordance with this paragraph.
suspended in whole or in part and the contractor may be declared
ineligible for further government contracts or federally assisted Xlll. Tenfllnetlon for Public Convenience
construction contracts in accordance with procedures authorized in The Secretary of the Washington State Department of
Executive Order 11246 of September 24, 1965, and such other sanctions Transportation may terminate the contract in whole, or from time to
may be imposed and remedies invoked as provided in Executive Order time in part, whenever:
11246 of September 24, 1965, or by rule, regulation, or order of the (1) The requisite federal funding becomes unavailable through
Secretary of Labor, or as otherwise provided by law. failure of appropriation or otherwise.
(g) The contractor will include the provisions of this Section 11-2 (2) The contractor is prevented from proceeding with the work
in every subcontract or purchase order unless exempted by rules, as a direct result of an Executive Order of the President with respect to
regulations, or orders of the Secretary of Labor issued pursuant to the prosecution of war or in the interest of national defense, or an
Section 204 of Executive Order 11246 of September 24, 1965, so that Executive Order of the President or Governor of the'State with respect
such provisions will be binding upon each subcontractor or vendor, to the preservation of energy resources.
The contractor will take such action with respect to any subcontract or (3) The contractor is prevented from proceeding with the work
purchase order as the Agency, Washington State Department of by reason of a prelimi .nary, special, or permanent restraining order of ~
Transportation, or Federal Highway Administration may direct as a court of competent jurisdiction where the issuance of such order is
means of enforcing such provisions including sanctions for primarily caused by the acts or omissions of persons or agencies other
noncompliance: Provided, however, that in the event a contractor than the contractor.
becomes involved in, or is threatened with, litigation with a (4) The Secretary determines that such termination is in the best
subcontractor, he may request the United States to enter into such interests of the State.
litigation to protect the interests of the United States.
The Agency further agrees that it will be bound by the above XIV. Ven~ for Clilme end/or Ceu~l of Action
equal opportunity clause with respect to its own employment practices For the convenience of the parties to this contract, it is agreed
when it participates in federally assisted construct/on work: Provided, that any claims and/or causes of action which the Local Agency has
that if the applicant so participating is a State or Local Government, the against the State of Washington, growing out of this contract or the
above equal opportunity clause is not applicable to any agency, project with which it is concerned, shall be brought only in the
instrumentality, or subdivision of such government which does not Superior Court for Thurston County.
participatt in work on or under the contract. XV. O~tlflontiofl Regarding the Reetrlotion$ of the Use
The Agency also agrees:
(1) To assist and cooperate actively with the State in obtaining of Fermi Funds for Lobbying
the compliance of contractors and subcontractors with the equal The approving authority certifies, to the best of his or her
opportunity clause and rules, regulations, and relevant orders of the knowledge and belief, that:
Secretary of Labor. (1) No federal appropriated funds have been paid or will be
(2) To furnish the State such information as it may require for the paid, by or on behalf of the undersigned, to any person for influencing
supervision of such compliance and that it will otherwise assist the or attempting to influence an officer or employee of any federal
State in the discharge of its primary responsibility for securing agency, a member of Congress, an officer or employee of Congress, or
compliance, an employee of a member of Congress in connection with the
(3) To refrain from entering into any contract or contract awarding of any federal contract, the making of any federal grant, the
modification subject to Executive Order, 11246 of September 24, 1965, making of any federal loan, the entering into of any cooperative
with a contractor debarred from, or who has not demonstrated agreement, and the extension, continuation, renewal, amendment, or
eligibility for, government contracts and federally assisted construction modification of any federal contract, grant, loan, or cooperative
contracts pursuant to the Executive Order. agreement.
(4) To carry out such sanctions and penalties for violation of the (2) If any funds other than federal appropriated funds have been
equal opportunity clause as may be imposed upon contractors and paid or will be paid to any person for influencing or attempting to
subcontractors by the State, Federal Highway Administration, or the influence an officer or employee of any federal agency, a member of
Secretary of Labor pursuant to Part II, subpart D of the Executive Congress, an officer or employee of Congress, or an employee of a
Order. member of Congress in connection with this federal contract, grant,
In addition, the Agency agrees that if it fails or refuses to comply loan, or cooperative agreement, the undersigned shall complete and
with these undertakings, the State may take any or all of the following submit the Standard Form-LLL, "Disclosure Form to Report
actions: Lobbying," in accordance with its instructions.
(a) Cancel, terminate, or suspend this agreement in whole or in (3) The undersigned shall require that the language of this
part; certification be included in the award documents for all subawards at
(b) Refrain from extending any further assistance to the Agency all tiers (including subgrants, and contract~ and subcontracts under
under the program with respect to which the failure or refusal occurred grants, subgrants, loans, and cooperative agreements) which exceed
until satisfactory assurance of future compliance has been received $100,000, and that all such subrecipients shall certify and disclose
from the Agency; and accordingly.
(c) Refer the case to the Department of Justice for appropriate This certification is a material representation of fact upon which
legal proceedings, reliance was placed when this transaction was made or entered into.
Submission of this certification as a prerequisite for making or entering
Xll. Llqui~t~d I[~nsagen into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
The Agency hereby ag~es that the liquidated damages person who fails to file the required certification shall be subject to a
provisions of 23 CFR Part 630, Subpart 305, as supplemented, relative civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Additional Provisions