HomeMy WebLinkAboutAG 19-152 - WSDOTRETURN TO: PW ADMIN EXT: 2700 ID #: 4546 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Engineering 2. ORIGINATING STAFF PERSON: John Mulkey EXT: 2722 3. DATE REQ. BY: 9/26/24 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): 1 9-152 #3 ❑ INTERLOCAL ❑ OTHER Local Agency Agreement Supplement #3 for re -allocating additional funds for State 4. PROJECT NAME: Pacfic Highway Non -motorized Corridor s. NAMEOFCONTRACTOR: WSDOT Local Programs ADDRESS: TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: TITLE: 6. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE p ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/_ UBI # 9 EXP. _/_/_ 7. TERM: COMMENCEMENT DA IT: Upon execution ZI'l�'� 1 LC-, COMPLETION DATE:-124344agWZ 8. TOTAL COMPENSATION: $ Unchanged (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: D YES Pa NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES © NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED O PURCHASING: PLEASE CHARGE To: N/A 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 6 PROJECT MANAGER JRM - 9-12-2024 A DIVISION MANAGER 6 DEPUTY DIRECTOR DSW 9/26/24 6 DIRECTORS" ❑ RISK MANAGEMENT (IF APPLICABLE) 6 LAW DEPT JRC 9/26/24 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING c ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC' D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LI ENSE , EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT ❑ LAW DEPT rd,SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ~� I ❑ ASSIGNED AG # AG# ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: EXECUTE" 1 " ORIGINALS City Signs First -Please use Blue ink aK WSZ)a—r T-e- cWey:+Z�� 12020 � Washington State I Department of Transportation Agency City of Federal Way Project Number Agreemer STPUL- CM-0099(145) LA 9620 m0er Local Agency Agreement Supplement Number ALN. 20.205 - Highway Planning and Construction All provisions in the basic agreement remain in effect except as modified by this supplement. The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment (2 CFR Part 180). Additional changes to the agreement are as follows: Project Description Name Pacific Highway Non -Motorized Corridor - 16th Ave S (S 308th Street to S 288th Stre Length 1.2 Miles Termini S 308th Street to S 288th Street Description of Work ✓ No Change Reason for Supplement Transfer local funds from Agency to State Services in PE phase. Indirect Cost Rate 17 Yes ✓ No Project Agreement End Date 12/31/2025 Advertisement Date - Estimate of Fundin (1) (3) (4) � Type of Work Previous 2 Estimated Total Estimated Agency Estimated Federal SEE ATTACHMENT A Agreement/ uI. Supplement Proiect Funds Funds Funds PE a- A ncv 0.00 % b. 0th r 0.00 Federal Aid c Other 0.00 Participation 0.00 Ratio(s) for PE . State Services Total PE Cost Estimate 0.00 0.00 0.00 0.00 0.00 Right of Way f AQenqy 0.00 Other 0.00 Federal Aid _ h Other 0.00 Participation 0.00 Ratio(s) for RW i State Services i. Total R/W Cost Estimate 0.00 0.00 0.00 0.00 0.00 Construction k Contract 0.00 !. Other _ 0.00 % Federal Aid m. Other 0.00 Participation n. Other 00. 0 - Ratio(s) for CN 0.00 Agency - D. Stake ervi es 0.00 Total CN Cost Estimate 0.00 0.00 0.00 0.00 0.00 rr Total Pro' t o. tom. Eikim 0.00 0.00 0.00 0.00 0.00 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. Agency Official Washington State Department of Transportation By By Stephanie Digitally signed by Stephanie Tax Title - _ _Director-Lo-cal_P_mgriams Date 202y��.x. Agency a Date Executed 16:08:26-07'00' DOT Form 140-041 LP Revised 12/2024 Page 1 a Previous Versions Obsolete - Adftk � Washington State WI/ Department of Transportation Agency City of Federal Way Project Number Agreement Number STPUL- CM-0099(145) LA 9620 Local Agency Agreement Supplement Supplement Number 3 ALN. 20.205 - Highway Planning and Construction All provisions in the basic agreement remain in effect except as modified by this supplement. The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment (2 CFR Part 180). Additional changes to the agreement are as follows: Project Description Name Pacific Highway Non -Motorized Corridor - 16th Ave S (S 308th Street to S 288th Stre Length 1 2 Miles Termini S 308th Street to S 288th Street Description of Work ✓ No Change Reason for Supplement Transfer local funds from Agency to State Services in PE phase Indirect Cost Rate ❑ Yes ✓ No Project Agreement End Date 12/31/2025 Advertisement Date Type of Work SEE ATTACHMENT A Estimate (1) 2 Previous () A reement/Suppl., Supplement of Fun din (4) (5) Estimated Agency Estimated Federal Funds Funds (3) Estimated Total Proiect Funds PE a.Agency 0.00 b. Other 0.00 Federal Aid c. Other 0.00 Participation Ratio(s) for PE d. State Services 0.00 e_ Total PE Cost Estimate 0.00 0.00 0.00 0.00 0.00 Right of Way f. Aaencv 0.00 9. Other 0.00 Federal Aid h. Other 0.00 Participation Ratio(s) for RW L State Services 0.00 Total R/W Cost Estimate0.00 0.00 0.00 0.00 0.00 Construction k. Contract 0.00 I. Other 0.00 Federal Aid m. Other 0.00 Participation n.Other 0.00 Ratio(s) for CN o. A enc 0.00 State Services 0.00 Q. Total CN Cost Estimate 0.00 0.00 0.00 0.00 0.00 r Total Protect Cost Estimate 0.00 0.00 0.00 0.00 0.00 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. Agency Official By vele Title e�/� �j 5 Agency e DOT Form 140-041 LP Revised 12/2024 . Previous Versions Obsolete • Washington State Department of Transportation By Director, Local Programs Date Executed Page 1 !Agency City of Federal Way STPUL- CM-0099(145) )lement Number 20.205 - Highway Planning Construction 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). LA 9620 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. 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. 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 $1,000,000 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. 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). DOT Form 140-041 LP Revised 12/2024 Page 2 . Previous Versions Obsolete • Instructions 1. Agency — Enter the agency name as entered on the original agreement. 2. Supplemental Number— Enter the number of the supplement. Supplement numbers will be assigned in sequence beginning with Number 1 for the first supplement. 3. Project Number — Enter the federal aid project number assigned by WSDOT on the original agreement. 4. Agreement Number — Enter the agreement number assigned by WSDOT on the original agreement. 5. Project Description — Enter the project name, length, and termini. 6. Description of Work — Clearly describe if there is a change in work such as the addition or deletion of work elements and/or changes to the termini. If the work has not changed, put a check mark in the "No Change" box. 7. Reason for Supplement — Enter the reason for this supplement, i.e., increase PE funding to cover design changes presented in the revised prospectus; request funding of construction phase; decrease construction funding to the contract bid amount. If the supplement is authorizing a construction phase, the project's proposed advertisement date must be included in the space provided. 8. Indirect Cost Rate — Check the Yes box if the agency will be claiming indirect costs on the project. For those projects claiming indirect costs, supporting documentation that clearly shows the indirect cost rate being utilized must be provided with the supplement. Indirect cost rate approval by your cognizant agency or through your agency's self -certification and supporting documentation is required to be available for review by FHWA, WSDOT and /or State Auditor. Check the No box if the agency will not be claiming indirect costs on the project. See Section 23.5 for additional guidance. 9. Project Agreement End Date — Enter your previously established Project Agreement End Date. If authorizing a new phase of the project, update the Project Agreement End Date based on the following guidance: a. For PE and RW — WSDOT recommends agencies estimate when the phase will be completed and add three years to determine the "Project Agreement End Date". b. For Construction — WSDOT recommends agencies estimate when construction will be completed and add three years to determine the "Project Agreement End Date". c. If an extension to a Project Agreement End Date is required between phase authorizations, the need for the extension must be described in the Reason for Supplement. Adequate justification to approve the extension must be submitted with the supplement. See Section 22.3 for additional guidance. 10. Advertisement Date -At construction authorization only, enter the proposed project advertisement date (mm/dd/yy). 11. Type of Work and Funding (Round all amounts to the nearest whole dollar). a. Column 1 — Enter the amounts from column 1 of the original local agency agreement. If the agreement has already been supplemented, enter the amounts by type of work from column 3 of the last supplemental agreement. b. Column 2 — Enter increase/decrease to total amounts requested by type of work. c. Column 3 —Add the amounts in columns 1 and 2. d. Columns 4 and 5 — Enter the appropriate amounts based on the participation ratio recorded on the original agreement. e. State Services — All authorized phases must have funding for state services. Enter the estimated amounts in columns 1 through 5 as described above. 12. Signatures —An authorized official of the local agency signs the Supplemental Agreement and enters their title and date of signature (mm/dd/yy). Note: Do NOT enter a date on the Date Executed line. DOT Form 140-041 LP Revised 12/2024 Page 3 • Previous Versions Obsolete • Washington State GAP Department of Transportation Attachment: A Agency: City of Federal Way Project Title : Pacific Highway Non -Motorized Corridor -16th Ave S (S 308th Street to S 288th Street) Federal Aid Number: STPUL-CM-0099(145) Agreement Number: LA 9620 Supplement Number: 3 Type of Work Estimate of Funding (1) PREVIOUS AGREEMENT/ SUPPLEMENT (2) SUPPLEMENT (3) ESTIMATED TOTAL PROJECT FUNDS (4) ESTIMATED AGENCYFUNDS (5) ESTIMATED FEDERAL FUNDS P.E. a. Agency: 86.5% b. Consultant Federal Aid c. Agency (Local) d State Services dl State Services (Local) e. Total PE Cost Est. (a thru e) $100A00 $100.000 $13.500 $86.500 $530.838 $530,838 $71,663 S459,175 $64,162 -$9.000 $55,162 $55.162 $5,000 $5,000 $675 $4,325 $9.000 $9,000 $9,000 $700,000 $0 $700,000 $150.000 $550.000 Right of Way f Agency 86.5% g Other: Consultant Federal Aid h Other: Agency (Local) Participation i State (Local) Ratio for RW j Total RM Cost Est. (f thru i) $582,923 $582,923 $78,695 $504,228 S255,228 $255.228 $34A56 $220,772 $1,248,282 $1,248,282 $1,246,282 $2,086,433 SO $2,086,433 $1.359.433 $725.000 Construction k. Contract % I. Other m. Other Federal Aid n. Other Parrapatwn o. Agency Ratio for CN p. State Services q Total Const Cost Est (k thru p) $0 SO $0 $0 SO SO r.Total Project Cost Estimate (e+j+q) $2,786,433 $0 S2,786,433 $1,509,433 $1,275,000 RETURN TO: PW ADMIN EXT: 2700 ID #: 4387 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Engineering 2. ORIGINATING STAFF PERSON: John Mulkey EXT: 2722 3. DATE REQ. BY: 2/7/24 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): 19-152 ❑ INTERLOCAL 0 OTHER Local Agency Agreement Supplement and Local Agency Prospectus for Change In description 4. PROJECT NAME: Pacific Highway S Non -motorized Corridor Phase 1 5. NAME OF CONTRACTOR: WSDOT Local Programs ADDRESS: TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: TITLE: 6. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE m ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. —/—/ 7. TERM: COMMENCEMENT DATE: Upon Execution COMPLETION DATE: 12/31 /2028 8. TOTAL COMPENSATION: $ None,A (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHADULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ClCITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED 0 PURCHASING: PLEASE CHARGE TO: 306-4400-219-333-20-050 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 6 PROJECT MANAGER JRM 1/16124 2-6/2024 6 DIVISION MANAGER qv�' 2024011807:57:07-06'00' 6 DEPUTY DIRECTOR DSW 1/18/24 A DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 8 LAW DEPT KVA 1/1812024 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: 12/3/18 SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 1/2119 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC' D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT ❑ LAW DEPT j SIGNATORY (MAYOR OR DIRECTOR) C°R( CITY CLERK ❑ ASSIGNED AG # AG ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: EXECUTE" 1 "ORIGINALS Sion in BI UE ink ar Electronic This is to update the description of the grant to match the split of the construction into 2 phases 1 /2020 Washington State Local Agency Agreement Supplement Department of Transportation 9 y 9reemenPp Agency Supp ement Number City of Federal Way 02 Federal Aid Project Number Agreement Number CFDA No. 20.205 - Highway Planning l STPUL-0099(145) LA 9620 and Construction J All provisions in the basic agreement remain in effect except as modified by this supplement. The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment (2 CFR Part 180). Additional changes to the agreement are as follows: Project Description Name Pacific Highway Non -Motorized Coiridor - 16th Ave S (S 308th Street to S 288th Stre Length 1.2 Miles Termini S 308th Street to S 286th Street Description of Work ❑ No Change See attachment B Reason for Supplement Change in Description for phased construction Are you claiming indirect cost rate? Yes V No Project Agreement End Date December 31, 2025 Advertisement Date Estimate of FundIn- 1 Type of Work Previous (le Estimated Total Estimated Agency Estimated Federal A reementlSuo I. Supplement Proiect Funds Funds Funds PE a. AqQncy 100,000.00 100,000.00 13,500.00 86,500.00 86.5 % b. Other Consultant 530,838.00 530,838.00 71,663.00 459,175.00 Federal Aid Other Agency Non -Participating 64,162.00 64,162.00 64,162.00 Participation Ratio for PE d. State Services 5,000.00 5,000.00 675.00 4,325.00 e. Total PE Cost Estimatea+h +d 700,000.00 1 0.00 700,000.00 150,000.00 550,000.00 Right of Way f Agency 582,923.00 582,923.00 78,695.00 504,228.00 86.5 % a. Other Consultant 255,228.00 255,228.00 34,456.00 220,77200 federal Aid 0 her Agency Non -Participating 1,248,282.00 1,248,282.00 1,248,282.00 Participation 0.00 Ratio for RW 1 State Services 725,000.00 '. Total RM Cost Estimate (f+a+h+11 2,086,433.00 0.00 2,086,433.00 1,361,433.00 Construction k Contract 0.00 86.5 % I. Other 0.00 m Other 0.00 Federal Aid n_ Other 0'00 Participation 0.00 Ratio for CN A Stateo. Servic9. es 0.00 Total CN CostEstimate k+t+m+n+o 0.00 0.00 0.00 0.00 0.00 r. Total Proiect Cost Estima 2,786,433.00 0.00 2,786,433.00 1,511,433.00 1,275,000.00 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. Agency Official Washington State Department of Transportation By By Digitally signed by Title Director, Local Program Stephanie Stephanie Tax Date: 2024.03.26 Ayenc ate LAY Date Executed Tax 13:07:51-07'00' 9 Y� DOT Form 140-041 2 J� C/ Page 1 Revised 04/2022 JI/ Aftlk Washington State Local Agency Agreement Supplement Department of Transportation Agency Supplement Number City of Federal Way 02 Federal Aid Project Number Agreement Number CFDA No. 20.205 - Highway Planning STPUL-0099(145) �LA 9620 and Construction All provisions in the basic agreement remain in effect except as modified by this supplement. The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment (2 CFR Part 180). Additional changes to the agreement are as follows: Project Description Name Pacific Highway Non -Motorized Corridor - 16th Ave S (S 308th Street to S 288th Stre Length 1 2 Miles Termini S 308th Street to S 288th Street Description of Work No Change See attachment B Reason for Supplement Change in Description for phased construction Are you claiming indirect cost rate? Yes / No Project Agreement End Date December 31, 2025 Advertisement Date Estimate of Fundin Type of Work (1) (2) (3) (4) (5) Previous Supplement Estimated Total Estimated Agency Estimated Federal Aqreement/Suppl. Project Funds Funds Funds PE a. A enc 100,000.00 100,000.00 13,500.00 86,500.00 % b.Other Consultant 530,838.00 530,838.00 71,663.00 459,175.00 Federal Aid C. Other Agency Non -Participating 64,162.00 64,162.00 64,162.00 Participation Ratio for PE d. State Services 5,000.00 5,000.00 675.00 4,325.00 e. Total PE Cost Estimate a+b+c+d) 700,000.00 0.00 700,000.00 150,000.00 550,000.00 Right of Way f. Aqenc 582,923.00 582,923.00 78,695.00 504,228.00 86.5 % a. Other Consultant 255,228.00 255,228.00 34,456.00 220,772.00 Federal Aid h. Other Agency Non -Participating 1,248,282.00 1,248,282.00 1,248,282.00 Participation 0.00 Ratio for RW i. State Services '. Total R/W Cost Es' +h+i 2,086,433.00 0.00 2,086,433.00 1,361,433.00 725,000.00 ons ructio ' Contract 0.00 o I. Other 0.00 m. Other 0.00 Federal Aid n. Other 0.00 Participation 0.00 Ratio for CN • A n Statep. Services 0.00 q. Total CN Cost Estimate k+l+m+n+o 0.00 0.00 0.00 0.00 0.00 r. Total Project Cost Estimate e 2,786,433.00 0.00 2,786,433.00 1,511,433.00 1,275,000.00 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. Agency Official Washington State Department of Transportation B Y Title Agenc ate /10 DOT Form 1401 Revised 04/4/2022 1 By Director, Local Program Date Executed Page 1 City of Federal Way 102 Federal Aid Project Number Agreement Number CFDA No. 5 Highway Planning STPUL-0099(145) LA 9620 land Construction 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). 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. 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. 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. 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 atement, signedFby-thefgency-Exectitive-and-addressed-to-the-State,-deeumenting-iha"il-pregrams,-act+vitiee-aad services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA). DOT Form 140-041 Page 2 Revised 0412022 FIVE rTQ:I&Ia►i1 Agency: City of Federal Way Project Title: Pacific Highway Non -Motorized Corridor - Phase 1 - 16th Ave S - S 3041h St to S Dash Point Rd Project #: STPUL-0099(145) Agreement #: LA 9620 Supplement #: 2 Project Description Construction of a shared -use path along Pacific Hwy S from S 308th St to S 288th St. The non -motorized Improvements include a path/trail that for portions of the alignment will parallel the roadway and portions will be located within the (partially unopened) right-of-way for 16th Ave S. The segments of the trail located off -roadway will include pedestrian -scale illumination for safety. The project will include traffic calming, pedestrian crossing improvements, and bulb -outs. Phase 1 will include a compact roundabout at 304th trail crossing. Phase 1 also includes signal modifications for pedestrian movements including scramble phase. The project will be constructed in two phases, Phase 1 of construction is programmed and will be on 16th Ave S from S 304th to Dash Point Road. Phase 2 is programmed and will include S 308th St to S 304th St and Dash Point Rd to S 288th St. This is a multi -year project, and the programming reflects the funds available within the span of the regional TIP. Aft Washington State Department of Transportation Local Agency Federal Aid Project Prospectus Prefix Route ( ) Date 2/6/2024 Federal Aid STPUL-0099(145) DUNS Number 61-250-9901 Project Number LocalAgency 36219 r WSDO y 1 Federal Employer 91-1462550 Project Number ` Use On I Tax ID Number Agency AAgency Federal Program Title City of Federal Way Yes ❑ No ❑✓ 20.205 ❑ Other IEI] Project Title Start Latitude N 47.32610833 Start Longitude W 122.31340278 Pacific Highway Non -Motorized Corridor - 16th End Latitude N 47.34346389 End Lon itude W 122.31330000 Project Termini From -To Nearest City Name Project Zip Code (+4) S 308th Street S 288th Street Federal Way 98003-4108 Begin Mile Post End Mile Post Length of Project Award Type N/A N/A 1.2 ❑✓ Local ❑ Local Forces ❑ State ❑ Railroad Route ID Begin Mile Point End Mile Point City Number County Number County Name N/A N/A N/A 443 17 King WSDOT Region Legislative District(s) Congressional District(s) Urban Area Number Northwest Region 30 9 80389 Total Local Agency Federal Funds Phase Start Phase Estimated Cost Funding Date Nearest Hundred Dollar Nearest Hundred Dollar Nearest Hundred Dollar Month Year P.E. 700000 150000 550000 January,2020 R/W 2086400 1361400 725000 September, 2021 Cons. Total 12786400 1511400 1275000 Description of Existing Facility (Existing Design and Present Condition) Roadway Width I Number of Lanes N/A N/A See Attachment A Description of Proposed Work Description of Proposed Work (Attach additional sheet(s) if necessary) See Attachment A Local Agency Contact Person Title Phone John Mulkey, P.E. Senior Civil Engineer 253-835-2722 Mailing Address City State 1 Zip Code 33325 81h Ave S Federal Way WA 98003-6325 By Z Project Prospectus ?,^rro ingAuthority Title Public Works Director Date 3I 61202.E DOT Form 140-101 Page 1 Revised 01/2022 Previous Editions Obsolete Agency Project Title Date City of Federal Way Pacific Highway Non -Motorized Corridor - ] 2/6/2024 Type of Proposed Work Project Type (Check all that Apply) Roadway Width Number of Lanes 0✓ New Construction ❑✓ Path / Trail ❑ 3-R 12-feet N/A ❑✓ Reconstruction ❑✓ Pedestrian / Facilities ❑ 2-R ❑ Railroad ❑ Parking ❑ Other ❑ Bridge Geometric Design Data Description Through Route _ Crossroad ❑ Principal Arterial ❑ Principal Arterial Federal ❑ Urban ❑ Minor Arterial ❑✓ Urban ❑✓ Minor Arterial Functional ❑ Rural ❑ Collector ❑ Rural Collector Classification NHS El Major Collector ❑NHS ❑Major Collector El minor Collector ❑ Minor Collector ❑ Local Access ❑✓ Local Access [:]Flat ❑✓ Roll [:]Mountain Terrain El Flat ❑✓ Roll [:]Mountain Posted Speed N/A 25-40 Design Speed N/A Existing ADT N/A Design Year ADT N/A Design Year N/A Design Hourly Volume (DHV) N/A Performance of Work Preliminary Engineering Will Be Performed By Others Agency Consultant and City Staff 80 % 20 Construction Will Be Performed By Contract Agency Contractor 100 Environmental Classification ❑ Class I - Environmental Impact Statement (EIS) ❑✓ Class II - Categorically Excluded (CE) ❑ Project Involves NEPA/SEPA Section 404 ❑✓ Projects Requiring Documentation Interagency Agreement (Documented CE) ❑ Class III - Environmental Assessment (EA) ❑ Project Involves NEPA/SEPA Section 404 Interagency Agreements Environmental Considerations None DOT Form 140-101 rage z Revised 01/2022 Previous Editions Obsolete Agency City of Federal Way ht of ❑ No Right of Way Needed Project Title Date Pacific Highway Non -Motorized Corridor - 1 2/6/2024 ❑✓ Right of Way Needed * All construction required by the No Relocation ❑ Relocation Requir contract can be accomplished within the existing right of way. Utilities ❑ No utility work required ❑ All utility work will be completed prior to the start of the construction contract Railroad ❑✓ No railroad work required [:]All railroad work will be completed prior to the start of the construction contract ❑✓ All utility work will be completed incoordination ❑All the railroad work will be completed incoordination with the construction contract with the construction contract Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project Utility relocation or adjustment will be required for the following utilities: PSE (power and gas), CenturyLink (Lumen), Comcast, and Lakehaven Water and Sewer District. and AT&T. Overhead utilities may need to be relocated where poles are in conflict with the path. Underground utilities will need to be adjusted to grade as part of the project. The utility companies will be responsible for the utility relocation and adjustments under existing franchise agreements. All Phase 1 relocation is complete. Where possible, utilities will relocate prior to work on Phase 2 with the exception of AT&T Fiber and Lakhaven Water and Sewer District facilities of which portions will be relocated during the work. FAA Involvement , Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ❑ Yes ❑✓ No This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and is not inconsistent with the agency's comprehensive plan for community development. Agency Date % By - 4J C MayorlChairpe o ,e"f /` DOT Form 140-101 Revised 01/2022 Previous Editions Obsolete Page 3 ATTACHMENT A Agency: City of Federal Way Project Title: Pacific Highway Non -Motorized Corridor - Phase 1 - 16th Ave S - S 304th St to S Dash Point Rd Project #: STPUL-0099(145) Agreement #: LA 9620 Project Description Construction of a shared -use path along Pacific Hwy S from S 308th St to S 288th St. The non -motorized improvements include a path/trail that for portions of the alignment will parallel the roadway and portions will be located within the (partially unopened) right-of-way for 16th Ave S. The segments of the trail located off -roadway will include pedestrian -scale illumination for safety. The project will include traffic calming, pedestrian crossing improvements, and bulb -outs. Phase 1 will include a compact roundabout at 304th trail crossing. Phase 1 also includes signal modifications for pedestrian movements including scramble phase. The project will be constructed in two phases. Phase 1 of construction is programmed and will be on 16th Ave S from S 304th to Dash Point Road. Phase 2 is programmed and will include S 308th St to S 304th St and Dash Point Rd to S 288th St. This is a multi -year project, and the programming reflects the funds available within the span of the regional TIP. DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition) The existing condition of the alignment for the Shared Use path varies along the project alignment. The path, as it currently exists, begins at S 308th Street with existing 8-foot sidewalks separated from Pacific Highway S (SR 99) by a 6 foot planter and curb. The path runs north along the existing sidewalks for approximately 0.13 miles, where it leaves the SR 99 alignment and follows existing sidewalks connecting to the 16th Avenue S Right -of- Way and the entrance to Federal Way High School. From that point the path continues through existing sidewalks that vary in width along the west side of 16th Avenue S to S 304th Street. From S 304th Street the path is a 4-foot HMA path that is separated from 16th Avenue S by a grass lined ditch until it reaches 8-foot sidewalk at the intersection of S Dash Point Road (SR 509). The path continues on sidewalks across the intersection and crosses to the east side of the street, north of SR 509. The sidewalk ends approximately 130 feet north of the intersection and the path follows the undeveloped north side of Redondo Way S for approximately 140-feet. A this point Redondo Way diverges to the west and the path remains running north through undeveloped City Right -of- Way and the through similarly undeveloped private property for approximately 0.65 miles to terminate at the sidewalk on S 288th Street. AML Washington State Department of Transportation April 2, 2024 Mr. Edward Walsh, PE Public Works Director City of Federal Way 33325 8th Avenue South Federal Way, Washington 98003 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TT1r.1-800-833-6388 www.wsdot.wa.gov City of Federal Way Pacific Hwy/16t'' Ave S. Non -Motorized Corridor STPUL-CM-0099(145) FUND AUTHORIZATION Dear Mr. Walsh: Enclosed for your information and file is a copy of Supplement Number 2 to Local Agency Agreement LA-9620 for the above project between WSDOT and your agency. This supplement modifies the description of work as shown on the attached supplement. 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 supplement 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. 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. 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. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincerely, Sfq>hAnie- T-A'X Stephanie Tax Manager, Program Management Local Programs ST.jg:ml Enclosure cc: Mehrdad Moini, Northwest Region Local Programs Engineer, MS NB82-121 RETURN TO: PW ADMIN EXT: 2700 ID #: 3968 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLICWORKS/CAPITAL PROJECTS 2. ORIGINATING STAFF PERSON: CHRISTINE MULLEN EXT: x2723 3. DATE REQ. BY: 17-Sep-2021 3. TYPE OF DOCUMENT (CHECK ONE): O CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): 19-152 ❑ INTERLOCAL 0 OTHER Supplement #1 a. PROJECT NAME: 36219: Pacific Hwy Non -Motorized Corridor 5. NAME OF CONTRAC'I'OR: WSDOT ADDRESS: TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: TITLE: 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # . EXP. _/ /_ 7. TERM: COMMENCEMENT DATE: Upon execution COMPLETION DATE: 31-Dec-2025 8. TOTAL COMPENSATION: $ 1 ,275,000 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED- 0 PROJECT MANAGER cjm 14-Sej�2021 8 DIVISION MANAGER SLH 9/15/2021 DEPUTY DIRECTOR DSW 9/15/21 DIRECTOR 17 Re" ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT _- 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: -2- 0 k COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: 0 1 COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: Io Lu DATE REC' D: I 0 0 c. ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT ❑ LAW EPT NATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK to IQ D ❑ ASSIGNED AG # AG I9' tat ❑ SIGNED COPY RETURNED DATE SENT: w [af 1. a COMMENTS: EXECUTE" 1 "ORIGINALS WSDOT form -We cannot make changes City signs before WSDOT 1/2020 RETURN TO: PW ADMIN EXT: 2700 ID #: 3968 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORMS / CAPITAL PROJECTS 2. ORIGINATING STAFF PERSON: CHRISTINE MULLEN EXT: x2723 3. DATE REQ. BY:17-Sep-2021 3. TYPE OF DOCUMENT (CHECK ONE): O CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION © CONTRACT AMENDMENT (AG#): 19-152 ❑ INTERLOCAL • OTHER 3u unleme 1 4. PROJECT NAME: 36219: Pacific Hwy Non -Motorized Corridor 5. NAME OF CONTRACTOR: WSDOT ADDRESS: TELEPHONE:— E-MAIL: FAX. SIGNATURE NAME: TITLE: 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/� UBI # . EXP. / / 7. TERM: COMMENCEMENT DATE. -Upon execution COMPLETION DATE: 31-Dec-2025 8. TOTAL COMPENSATION: $ 1,275,000 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: d YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: d YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWFD INITIAL. / DATE APPROVED ❑ PROJECT MANAGER cjm 14-Sep-2021 8 DIVISION MANAGER SLH 9/15/2021 ❑ DEPUTY DIRECTOR DSW 9/15121 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT KVA9/17/2021 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC' D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT ❑ LAW DEPT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG # AG# ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: EXECUTE" 1 "ORIGINALS WSDOT form - We cannot make changes. City signs before WSDOT 7 "Ir,I I. AM Washirtbgtan Sli ate wo DepartRnent of Transportation Agency City of Federal Way Federal Aid Project Number Agreement Number STPUL-0099(145) LA 9620 Local Agency Agreement Supplement 01 Number No. 1U.1U3 of Federal Domestic Assistance) The Local Agency requests to supplement the agreement number noted above. All provisions in the basic agreement remain in effect except as modified by this supplement. The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment (2 CFR Part 180). Additional changes to the agreement are as follows: Project Description Name Pacific Highway Non -Motorized Corridor - 16th Ave S (S 308th Street to S 288th Stre Length 1.2 Miles Termini S 308th Street to S 288th Street Description of Work ✓ No Change Reason for Supplement Addition of ROW Phase and Funds Are you claiming indirect cost rate? ❑ Yes ✓ No Project Agreement End Date December 31, 2025 Does this change require additional Right of Way or Easements?.__] Yes ❑ No Advertisement Date Estimate of Funding (1) 2 () T e of Work Type (3) (4) (5) Previous Supplement Estimated Total Estimated Agency Estimated Federal Agreement/Su I. 100,000.00 Project Funds Funds Funds PE A cy 100,000.00 13,500.00 86,5100.00 86.5 % 530,838.00 71,663.00 459,175.00 b.Other Consultant 530,838.00 Federal Aid c. Other Agency Non -Participating 64,162.00 64,162.00 64,162.00 Participation Ratio for PE d. State 5,000.00 5,000.00 675.00 4,325.00 e. Total PE Cost Estimate a+b+c+d 700,000.00 0.00 700,000.00 150,000.00 550,000.00 Right of Way f. AgencM 582,923.00 582,923.00 78,695.00 504,228.00 86.5 % g. Other Consultant 255,228.00 255,228.00 34,456.00 220,772.00 Federal Aid h. Other Agency Non Participating 1,248,282.00 1,248,282.00 1,248,282.00 Participation 0.00 Ratio for RW 1. State i. Total R/W Cost Estimate t +h-; 0.00 2,086,433.00 2,086,433.00 1,361,433.00 725,000.00 Construction k. Contract 0.00 0.00 I. Other m. Other 0.00 1 Federal Aid In. Other 0.00 Participation 0.00 Ratio for CN o. A enc State 0.00 q. TPMI ON Cost Estimate k+l+m+n+o 0.00 0.00 2,086,433.00 0.00 0.00 0.00 r. Total Project Cost Estimate e 700,000.00 2,786,433.00 1,511,433.00 11,275,000.00 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. Agency, Official Washington State By, Department of Transportation By ❑trectaF Local Program Title Jim Ferrel, Mayor Date Executed DOT Form 140-041 Page 1 Revised 12/2020 Ank MP{ isi ington State Local Agency Agreement Departnieai2 of 'Transportation 9 Y g eement Supplement Agency �5rir,wlemenr Pmn(',F City of Federal Way 01 Federai Aid Project Nr ether ,FDA. No. ?tp. dryi STPUL-0099(145) LA 9620 (Calalcg of Federal Domestic Assistance) The Local Agency requests to supplement the agreement number noted above. All provisions in the basic agreement remain in effect except as modified by this supplement. The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment (2 CFR Part 180). Additional changes to the agreement are as follows: Project Description Name Pacific Highway Non -Motorized Corridor - 16th Ave S (S 308th Street to S 288th Stre Length 1.2 Miles Termini S 308th Street to S 288th Street Description of Work ✓ No Change Reason for Supplement Addition of ROW Phase and Funds Are you claiming indirect cost rate? L7Yes ✓ No Project Agreement End Date December 31, 2025 Does this change require additional Right of Way or Easements? n Yes 1 No Advertisement natP Estimate of Funding_ Type of Work YP (t) 2 (3) (4) ^� (5) Previous Supplement Estimated Total 'ect Estimated A Estimated Federal A reement/Su I. ProFunds Fus Funds Funds % a. A en 100,000.00 100,000.00 13,500.00 86,500.00 Oth nsu Coltant 530,838.00 530,838.00 71,663.00 459,175.00 Federal Federal Aid c Other Agency Non -Participating 64,162.00 64,162.00 64,162.00 Participation Rat o for PE d. State 5,000.00 5,000.00 675.00 4,325.00 e. To al PE Cost Estimate a+h +d 700,000.00 0.00 700,000.00 150,000.00 550,000.00 Right of Way 86.5 %g. f Agengy 582,923.00 582,923.00 78 695.00 504 228.00 Other Consultant 255,228.00 255,228.00 34,456.00 220,772.00 Federal Aidb. er Agency Non Participating 1,248,282.00 1,248,282.00 1,248,282.00 Participation Ratio for RW I. State 10.00 i. Total RNV Cost Estimate (f+a�1,+11 0.00 2,086,433.00 2,086,433.00 1,361,433.00 725,000.00 Construction k. Contract 0.00 LoAher 10.00 m. p er 0.00 Federal Aid Participalon n. Other 0.00 Ratio for CN o. A enc 0.00 0.00 a. Total GN Cost E§JiMaLe k�l+m+n 0.00 0.00 0.00 0.00 0.00 To Pro' Co tim a 700,000.00 2,086,433.00 2,786,433.00 1,511,433.00 1,275,000.00 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. Agee Official Washington Staite 5y (L,/1 7/9 Department of Transportation Stephanie Digitally signed by l By Director, Local Program Stephanie Tax Tit Jim Ferrel, Mayor Date Executed Tax Date:2021.09.22 14:53:41-07'00' DOT Form 140-041 Page 1 Revised 12/2020 Agency {Supplement Number City of Federal Way 1101 Federal Aid Pro ect Number AP,,rcernen: h+umber CFLA No. 20.205 STPUL-0099(145) LA 9620 _ (Catalog of Federal Domestic Assistance) 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). 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. 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. 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. 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). DOT Form 140-041 Page 2 Revised 12/2020 Local Programs Authorization Package Checklist Agency: City of Federal Way Project Title: Pacific Highway Non -Motorized Corridor- 16th Ave S (S 3081h St to S 2881h St) Fed Aid/State Project #: 0099(145) Fundine Request New Phase Authorization Increase/Decrease Other:. _ By Phase (check all that apply) PL PE RW CN Region HQ Agency Check Check Project Prospectus (DOT Form 140-101) LAG Chapter 21 Are all three pages included? Does information (title, termini, description, RW needs, cost, etc.) agree with STIP/LAA/NEPA-CE? Is the project description written such that the project scope is clear to all? Are pages 1 and 3 signed? Is page 1 signed by a CA Agency? If not, indicate below which Agency will serve as CA. CA Agency: Are the Latitude and Longitudes included and correct? Are Congressional and Legislative Districts filled out and correct? Project Zip Code includes the +4? Are estimated costs included for all phases of the project? Are the Functional Classification and Urban/Rural designation correct? Are the Right of Way, Utilities, and Railroad sections filled out? H R Typical Sections & Vicinity Map - LAG Chapter 21 Are the Vicinity Map(s) and Roadway Section(s) included? Can someone unfamiliar with the project's location easily tell where it's located using the vicinity map? Are the project limits clearly marked on the map? Does the section include all elements, with dimensions, of the roadway prism? Are section changes, if applicable, throughout the project limits noted/displayed? STIP/Funding Documentation - LAG Chapter 12. Is the currently approved STIP page included? X Does STIP information (termini, description, etc.) match the LAA and Prospectus? X Are phases being authorized included in the STIP? Is funding from all requested programs shown in the STIP? Are the requested funds supported by the STIP? If funded through a HQ managed program (ex. Bridge, Demo), is the award letter included? Local Agency Agreement (DOT Forms 140-039 & 1.40-041) - LAG Chapter 22 Is at least one LAA or LAA supplement with an original signature included? X Current form used? (check revision date at bottom left) X All pages of Agreement included? Are the Agency information, Project #, LAA #, Supplement #, and date of original agreement execution correct? Does project information (title, termini, length, description, etc.) agree with STIP/Prospectus/NEPA-CE? Is the reason for supplement accurate and up to date? Is the Project Agreement End Date (month, day, and year) included? Does it follow LAG guidance? When not authorizing a new phase, is the end date the same as shown on the previous agreement[ If not, is adequate justification (see LAG 22.3) included to support changing the end date[ Is the Advertisement Date (month, day, and year) included? Is it within 6 weeks of estimated CN authorization? If the indirect cost rate box is checked 'Yes', is the rate provided in the funding package? If corrections made, are they initialed? If made by WSDOT is permission from Agency provided? Are funding amounts calculated correctly? Are the federal aid participation ratios correct, and are the requested federal amounts being maximized? Authorization Package Checklist (6/8/17) WSDOT/Local Programs 1 of 2 Local Programs Authorization Package Checklist Agency: City of Federal Way Project Title: Pacific Highway Non -Motorized corridor - 18th Ave S (S 308th St to S 288th St) Fed Aid/State Project #: 0099(145) By Phase (check all that apply) Funding Request PL PE RW CN New Phase Authorization Increase/DecreaseP E I P Region HQ Other: Agency Check Check Documented Cost Estimate - LAG 22.4 and Appendix ZZ.56 Is a Documented Cost Estimate included for each phase requesting/changing funds? Are total dollars on the LAA supported by the phase estimates? j( Does the estimate sufficiently demonstrate how the costs were determined? If historical percentages are used for PE/CE estimates, are the percentages reasonable and supported? Right of Way - LAG Chapter 25 If authorizing RW, is a PFE or true cost estimate included? Does the PFE/true cost estimate support RW amounts shown on the LAA? X If authorizing RW and Relocation is required, is the signature page of the approved Relocation Plan included? If authorizing CN, is the HQ approved RW Certification included? Environmental. Documentation/Approval (NEPA) - LAG Chapter 24 Is an approved NEPA package (at least signature page) included? X Does the description of work match the Prospectus/LAA/STIP? X Is the footprint of the project within the limits of the NEPA approval? X Do the NEPA-CE Part 3 RW responses agree with the STIP and Prospectus? X Is the approval date within the last 3 years? X If approval is older than 3 years, has the approval been re-evaluated by the Environmental group? DBE Goals - LAG Chapter 26 If the submittal is for CN, is the DBE goal letter/e-mail included, or are the goals in SPORT? If construction by Local Forces, is the approved PIF included or noted in SPORT? R R F PROJECT NOTES (Provide additional information or explanation as necessary) Authorization Package Checklist (6/8/17) WSDOT/Local Programs 2 of 2 Fee Proposal Pac Hwy Non -Motorized Corridor Exhibit D-2 Amendment 2 - Fee Estimate Summary 7/14/2021 ___J.Description Task Al ,ProjectManagement&Coordination KPFF Furtado HWA HBE RES Group NW FB.P Total Cost $ 3719.44 S 3,719.44 TaskA2 Survey S 26762.00 S 26.762.00 Task A3 EnvironmentallPermiaing Jf I S S Task A4 Geotechnical EngineeringI $ $ Task A5 Landscaping $ $ Task A6 Civil Engineering $ 5,384.64 S 5.384.64 Task A7 Structural Enalneerin $ $ Task All Right -of -Way $ 55,044.00 S 55.044.00 Task A9 Traffic Engineering $ $ Task A10 Constructabilo/Phasin Cost Est. $ S Total Direct Cast by Firm $ 9,104.081 $ 26.762.00 $ $ $ 55,044.00 $ $ 90,910.08 Overhear Rate 140.71 % 155 83% 175.44 % 137.25 % 57.70% 171.91 Overhead Cost S 12,81035 $ 41,703.22 $ $ $ 31,760.39 15 $ 86,273.96 Fee 30% 1 30 % 1 30 % 1 30 % 1 30 % 30 % Fee Cost S 2.731.22 $ 8,028.60 S S $ 16.513 20 1 $ - $ 27,273.02 Total Cost $ 24,645.65 5 76,493.82 5 $ S 103,317.54 1 $ $ 204,457.07 Reimbursable Costs by Firm S $ $ $ S 50,770.60 $ $ 50,770-00 ISUbtotall 1$ 74,645,65 1 S 75.493.82 I S t S $ 1S4,087.59 $ $ 255,227.07 Management Reserve I I I $ Total Estimated Budget $ 255,227.07 Percentages Firm Fee % UDBE KPFF S 473.196.23 45% 0% LIN $ 176,139.34 17% 17% HWA S 69 226.04 7 % 7% HBB S 65,242.89 6% 0% RES S 180,085.34 17% 17% FP S 81.669.90 8 % 0% Total $ 1,045,559.73 100% 41% 9%Min Original Fee S 697.139.79 Fee (with Amendment 1) $ 790,332.66 Fee (with Amendment 2) S 1,045,559.73 UDBE UDBE UDBE Page 1 of 1 Agency: CTy of Federal Way Eell-bid Total: Sf.!S`5 30 Project Tula: Year Estimate Completed: 02 21 Dat_ at Ennmate APO 11, 2021 Year Acquisition to be Completed: 2022 RIGHT OF WAY RE Group Northwest In WI- Factor;Calculetod)I ESDmate Camptered ey: FUNDING ESTIMATE Name Kai,; - Guzman Title Sc i, iur Right of Way Agent Total R tght of Way Casts: 1 3 LAC Gnncurrence. ri-, Davrd Namaez t2k Local Agency Corrdi-W SLkct VAkwdw Fie4wa Fee Assessed TE Total Confidence Confidence Title 8 Appraisal/ All Misc. Fees Statutory Condemnation Assessors Tax Parcel TE or Owner Name Area ValueSq Ft from other Impmvement Damages Relocation Acquisition Level Factor Factored Escrow Appraisal (under Labor (including Evaluation Subtotal Enter Total Number PE (Sq FI) (reduce for sheet) Value Subtotal (1 -10) (Calculated) Subtotal Costs Review Cost 525,000) PM) Allowance At; Percentage easemenis Cost (SEA47501 5621049001 Federal Way Schooi 11,11Lrivi ProWtV V,18m Fee Dis"id 4211 $20.00 SO S70,000 So $0 S94220 7 M 057 '" Wil S4500 $0 $6.200 S1.200 $750 SI61375 50% S241688,1 08210490at Federal Wey Sdmal 6,q Aua Pry cer '141us TE District 3172 $2.00 SO SO SO $0 S6.344 7 057 50 50 SO SO SO SO S9-960 50% $14 940.12 QU1043044 Fee FBEF Find 1229 $18.00 £0 30 S0 322,122 T 0,5T _ _ is30 34,500 $0 56.200 $1,200 $750 ,182 SDU 1. 1,Bi'31 -t mrza Kprenn R4f. 0421049040 Fee Church 62 1 S20.001 s0 Sol SO Sol S1235 7 1 057 31-930 $0 Sol Si 000 $5.500 $0 $750 $9189 100% $176, ; Llghthouae Xp rcan Rv I 0421049040 TE Church 51 $2.00 SO SO SO $0 $114 7 0.57 $179 $0 SO SO SO SO SO $179 100% $35" 052104%704 TE Richard Rmcra 100 SU-90 so 50 3o 40 0 1 250 19" ZW So S1,000. $5,500 SO SO s.i94 100% 15.!1."' 2500000000 TE Cando 2-0-- 636 5060 s0 _.. 30 SO so SS I O/J3 $O 30 SiDOD 35,500 SO PSI:) S1253 Ion% IfT-7 052104901fi Abolhn Pm erl va190 Fee C' of Federal Wa 13084 $O.Otl $O $0 $0 SO 30 7 0-57 $0 S0 SO SO $6 200 SO Stl $6 200 0% 56,2€;�. 0521049016 Abutur,ij Pmipurly Va1ua TE C of Federal Way7799 S0.00 SO SO SO SO So 1 2.50 SO $0 SO $0 SO SO $0 SO 0% 0421048431 Fee m Eno LLC- 311 S20.00 SO 80 $o -50 Sa 11. $0 $0 51.000 55500 $0 $ Lu BQ% 0421049200 Abuttin Pra a Value Fee Cityof Federal Way896 SOX so SO SO SO SO fi 0.72 SO SO SO SO ;0 SO SO SO 0% 3040200060 AbulliPQ Plopany Value Fee City of Federal Wiry BOB MOD SO S0 SO So $0 8 0.41 SO $0 $0 $0 $0 SO $0 so 0% 10402 TE Rcdando Tanriet. Lr_ 9536 ROO ;0 0- $0 s0 s19..972 9 0.20 1,14.1331 30 SO $1000 $5300 s12o0 $7,50 SV.4fft 50% Leonard Ofson S Cynthia J. 0521049048 Fee Olson, 117 51.00 SO SO SO SO $127 1 250 $446 SO SO S1 000 S5,500 S1,200 S750 $8.896 100% Leonard Olson $ Cynthia J. 0521049048 TE Olson, 3667 SO.10 SO $0 SO $0 S367 1 250 Sl-283 $0 SO $0 SO SO SO $1.283 100% Leonard Olson & Cynthia J 0521049026 TE Olson. 1962 $0.37 5o $0 $0 s0 $720 1 2.50 $2520 $0 SO So 30 SO $0 $2520 100% 304020017C4 Tr Pulie Mound Erw gy B10 6090 50 So $0 SO s 2 SQ 31. 0 31.000 $5500 Sol 5750 Fr,_IJ56 1001A _ 0#21049007 N.vrdhcr Envevtmen9 2328 S14.00._ _ s0 30 SO _.. SO - 6 0. 3i6..054 $800 34.500 F0 36'03 31.29p 5T50. $e0,50# 5p^; 04210a0007 T€ Hprdbcr Invcabnilrb 1159 StA0 SO SO $0 31.623 6 32-1✓51 s0 io s0 so So $0 $2 %92 50,; Gphd Cominorziol 0421049241 Fee Pr c 19B5 S146D0 $0 $0 $0 $0 S27784 6 0_72 S47-788 $800 S4500 $6.200 S1,200 S750 $61236 50% $914^ Oahal CommerciaY 0421049241 TE Property 2850 $1.40 So SO SO SO S3 990 6 0.72 $6.0631 So Sol SO $O SO $0 S6 86s 50% S10 2'< Gobel Commercial 2421/11061 Fee Property 2292 S14.00 Sol SO 30 30 S32 084 6 012 S55,184 SO So $0 so s0 SO $55.184 50% Gabel Commercial 0421049069 TE Propa 1261 Sl-40 $0 SO Sol S0. $1 765 1 6 0--72 S3.036 $a Sn s0 501 so so $3.034 50° $4.5-- FfungJye Lin 6 Shu-Tze 0421049140 Fee Lh 2904 1 $14-00 $0 $0 SO SO $40646 1 6 072 569910 S800 S4,500 S6,200 S7200 S750 S63-360 50% 3124.6-'. Hviig-Jyr Uri S Slw-Tze 0421049140 TE Lin 2173 S1-40 SO $0 SO SO S3.042 6 0.72 S5,233 $0 SO $0 SO so $0 $5.233 50-A 37.84 Flung-Jye Lin $ Shu-Tze _ 0421049240 FRe Lin 2973 $14-00 $0 Q SO $0 S41,621 6 072 $71.589 $o SO So SO S0 SO 371.589 50% - Hung-Jye Lin S Shu-Tze 0421049240 TE Lin 2680 $1,40 $0 S0 $0 50 $1752 6 0.72 $6A53 -o. SO SO SO SO SO S6,453 50% 0421049036 Fee ta;„-{,,,� 426 514,00 S0 $0 SO SO 55,961 6 0.72 S10252 $Boo $4500 $O S6200 S1200 $750 $23.702 50% - 0421049036 TE N-en 274 $1.40 $0 $ SO $0 S384 6 0.72 $660 $0 SO $0 $0 $0 $0 $660 501/1 li.iii� I ... v-..i,lv TT`h 0421049041 Fa ''7n-n 2239 $14.00 So SO So $0 $31,349 6 072 553.920 so So $0 s0 So $0 $53920 50% - 0421049041 TE 1457 $1,40 $0 S0 S0 So $2_040 6 6,72 $351111 SO SO s0 SO So SO S3,508 50% 0421049074 Fee +:-:J 1215 S13,99 SO So so SO S16J393 6 0.77 320.228 $Boa $4,5001 Sn 16,200 $1200 $750 S42678 50% 0421049074 TE 668 SlAO SO So so so S935 6 0.72 $1609 SO $0 $0 $0 SO s0 $1,604 50% 0421049070 Fee 1274 $13.99 SO So $0 SO S17334 6 0-72 $30B75 So So SO SO SO So $30.679 50-A 0421049070 TE ✓,_:le, G •--_ :.a:: 700 h'7 ;1740 50 $0 0 So $980 6 0,72 $I 6118 30 SO $0 $0 $0 $a 31.686 50% 04.!uS9947 Fr.• 314.00 30�5030 £0 FS.i is 6 9,72 ,72B SBQO 31500 - 50. 35 0 31,200 04 'Gi;^a7 "0 $1A6 SO30 50 43.09# 6 0 72 0 so so SO SO so 0.322 sws04^�A-__ :..F = tl, .:� 514$0$0 50 S,18� 5 0. , ;'.S OiS so 50 30 $o $0 .0 p'h Sa- $1 �0 SoSO SO $153; 6 O.iY 0 So $o 30 s0 50 50%34,r4; ':n470.n I,... - :.,.n,:, ',t, '. 49 $15.00 $0 50 $0 S79.9 4 5 0u Slr•0.3 2 S800 S7000 SO S6200 31200 $750 66:30. 50% 4 ,077-b3 LPA-005b Rev. 5/2020 Washington State S. T. I. P. 2021 to 2024 (Project Funds to Nearest Dollar) MPO/RTPO: PSRC Y Inside N Outside August 6, 2021 County: King Agency: Federal Way Total Project Total Est. STIP Func Project Imp Length Environmental RW Begin End Cost of Amend. Cis Number PIN STIP ID Type Type Required Termini Termini Project No. 00 0099(145) FW-36 28 1.200 CE Yes S 308th St S 288th St 6,640,000 2104 AdMod Pacific Highway Non -Motorized Corridor - 16th Ave S (S 308th St to S 288th St) Construction of a shared -use path along the Pacific Hwy S corridor from S 308th St to S 288th St. The non -motorized improvements will consist of a path/trail that for portions of the alignment will parallel the roadway and portions will be located within the (partially unopened) right-of-way for 16th Ave S. The segments of the trail located off -roadway will include pedestrian -scale illumination for safety. Funding Federal Funds Phase Start Date Federal Fund Code State Fund Code State Funds Local Funds Total RW 2021 CMAQ 725,000 0 115,000 840,005 Project Totals 725,000 0 115.000 840.000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th ALL 840,000 0 0 0 0 Totals 840,000 0 0 0 0 Page 1 tflashingtoaa State Department of Transportation NEPA Categorical Exclusion Documentation Form Federal Aid Project Number STPUL-0099(I45) NEPA Start Date 2/3/2021 Intent of Submittal ❑ Preliminary ❑✓ Final ❑ Re -Evaluate Agency City of Federal Way Project Title Pacific Hwy/16th Ave S Non -Motorized Corridor County King Beginning terminus: S 304th St, Federal Way Township(s) 21N Ending terminus: S 288th St Federal Way Range(s): 04E Miles: Approxinlateiy 1 Mile Section(s): 05, 08 Part 1 - Project Description (Attach Vicinity Map) Construction of a shared -use path along the Pacific Hwy S corridor from S 308th St to S 288th St. The non -motorized improvements will consist of a path/trail that for portions of the alignment will parallel the roadway and portions will be located within the (partially unopened) right-of-way for 16th Ave S. The segments of the trail located off -roadway will include pedestrian -scale illumination for safety. This project is being constructed to provide for improved non -motorized facilities which results in safer non -motorized access along the corridor. Part 2 - Categorical Exclusion & STIP • Identify one CE from 23 CFR 771.117 (CE Guidebook - Appendix A) that fits the entire project (c)(3) Bicycle/Ped. Lane • Per 23 CFR Part 452(I) identify the subsequent project phase identified on the STIP? ✓❑ ROW ❑ Construction Attach a copy of the STIP page to the CE documentation form. D0- signed by EJ Walsh, PE DN: N: 0-US. E=ej mis,@cKyolletleralw ycan O=Cily of Federal Way, OU=Public h;s-xsfi-e: 'It-^l.:' Walsh, PE•• NEPA Approval Signatures 5/27/2021 Local Agency Approving Authority Date _ - Digitally signed by Mehrdad Moini, PE Date: 2021.05.27 15:14:50-07'00' Local Programs Environmental Engineer CE per PA Regional Local Programs Engineer Date Federal Highway Administration Completed By (Print Official's Name) Telephone (include area code) DOT Form 140-100 Revised 8/2020 E-mail Address Digitally signed by Melanie Vance Date: 2021.05.27 16:40:48 -07'00' Date 5/27/21 Date Puget Sound Regional Council 1011 WESTERN AVENUE. SUITE 500 \\\ SEATTLE, WA 98104.1035 \\\. psrc.org \\\ 206.464.7090 October 29, 2020 The Honorable Jim Ferrell City of Federal Way 33325 8th Ave S Federal Way, WA 98003 Dear May., Ferrell: 4 V-11- Congratulations! I'm pleased to let you know that the City of Federal Way is receiving $1,325,000 in PSRC funding for the following project(s): PROJECT AWARD FUNDING FUNDING AMOUNT SOURCE DEADLINE Pacific Highway Non -Motorized Corridor - 16th Ave S (S 308th St to S 288th St) $725,000 FHWA June 1, 2023 Military Road South Preservation Project $600,000 FHWA June 1, 2023 The PSRC Executive Board voted in October to award federal funds to priority projects that will improve local and regional mobility. Final approval by the Governor and federal funding agencies is expected in early 2021. The projects are part of a $ 4.3 billion Regional Transportation Improvement Program for 2021-2024. This program includes transit expansion and maintenance projects, state highway improvements, bicycle and pedestrian facilities, and investments in city and county roads. Your project(s) performed well in PSRC's merit -based project selection process, which identifies priority projects that will improve local and regional mobility and help achieve our long-range Regional Transportation Plan. Kudos to you and your staff for securing this funding. I also wanted to acknowledge the difficult times we're all living through and thank you and your team for continuing to provide essential services to your community and keep everyone safe during this public health emergency. I look forward to continuing to partner with you on efforts to help the region recover and thrive for the long term. Sincerely,✓ Josh Brown Executive Director, Puget Sound Regional Council cc: EJ Walsh, P.E., Public Works Director Adw Washington State VAr Department of Transportation September 30, 2021 Mr. Edward Walsh Public Works Director City of Federal Way 33325 8`' Avenue South Federal Way, Washington 98003 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 City of Federal Way Pacific Highway/16`h Ave S. Non -Motorized Corridor STPUL-CM-0099(145) FUND AUTHORIZATION Dear Mr. Walsh: We have received FHWA fund authorization, effective September 24, 2021, for this project as follows: PHASE TOTAL FEDERALSHARE Right of Way $2,086,433 $725,000 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 Supplement Number 1 to Local Agency Agreement LA-9620 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 supplement 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 construction is contingent upon receipt of your Right of Way Certification. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincerely, SE&PAuuue- T "a x Stephanie Tax Manager, Program Management Local Programs ST jg:ml Enclosure cc: Mehrdad Moini, Northwest Region Local Programs Engineer, MS NB82-121 RETURN TO: PW ADMIN EXT: 2700 ID #: .5 5 " 1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/DIv: PUBLIC WORKS / ORIGINATING STAFF PERSON: SARAH HAMEL EXT: 2720 3. DATE REQ. BY:8/5/19 TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL X OTHER WSDOT LAG LA-9620 _ I. PROJECT NAME: PACIFIC HIGHWAY NON -MOTORIZED CORRIDOR i. NAME OF CONTRAC jTj IOIR: ADDRESS: �) 1 0 lv t i E-MAIL: SIGNATURE NAME: cam] TELEPHONE: '2 DdQ FAX: TITLE: W n r i. EXHIBITS AND ATTACHMENTS:❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIRE %Tr-.NTS/C'ERIfF[(':TI'E ❑�ALLOTHE REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31 UBI # , EXP. /r_/ '. TERM: COMMENCEMENT DATE:`I i-T COMPLETION DATE: f'e �. TOTAL COMPENSATION: $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE --ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: DOCUMENT / CONTRACT REVIEW ❑ PROJECT MANAGER DIVISION MANAGER DEPUTY DIRECTOR DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) LAW DEPT 0. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED INITIAL / DATE APPROVED SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 1. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT X LAW DEPT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK X ASSIGNED AG # ❑ SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL :OMMENTS: EXECUTED W SDOT LAG. PLEASE REVIEW AND ASSIGN AG # WN)I R tm18- glum U- , ... . r DATE D ► .la r AmIk Washington State ® Department of Transportation July 18, 2019 Mr. Edward Walsh Public Works Director City of Federal Way 33325 8t" Avenue South Federal Way, Washington 98003 Dear Mr. Walsh: 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 City of Federal Way Pacific Highway/16" Ave S. Non -Motorized Corridor STPUL-0099(145) FUND AUTHORIZATION We have received FHWA fund authorization, effective July 17, 2019, for this project as follows: PHASE TOTAL FEDERAL SHARE Preliminary Engineering $700,000 $550,000 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-9620 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. Edward Walsh Public Works Director City of Federal Way Pacific Highway/ 16t" Ave S. Non -Motorized Corridor July 18, 2019 You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincerely,r Stephanie T,,i\ Manager, Program Management Local Programs STJg:ml Enclosure cc: Mehrdad Moini, Northwest Region Local Programs Engineer, MS NB82-121 �tu1ry�.-��j�11 7� Washington State t Department of Transportation Agency City of Federal Way Address 33325 8th Ave S Federal Way, WA 98003 Local Agency Agreement CFDA No. 20.205 (Catalog or Federal Domestic Assistance) Project No. 5 TPU1_-0 Agreement No. LA 9620 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 Pacific Highway Non -Motorized Corridor - 16th Ave S (S 308th St to S 288th St) Length 1.20 Termini j 30$th 5l J—O S 2$8fh S} s� Description of Work See attached Project Agreement End Date December 31, 2024 Claiming Indirect Cost Rate Proposed Advertisement Date ❑ Yes ✓ No Estimate of Fundin Type of Work Estimated Total (2) (3) Estimated Agency Estimated Federal Project Funds Funds Funds a. Agency 100,000.00 13,500.00 86,500.00 86.5 �0 ° h, Other Consultant ........._ 530,838.00 71,663.00 459,175.00 Federal Aid c. Other Agency Non -Parris 1mlinc 64,162.00 64,162.00 Participation d. Slate 15,000.00 675.00 14,325.00 Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 700,000.00 150,000.00 1550,000.00 Rigl,t of 'vlray f. Agency .Other _ Federal Aid h . Other Participation Ratio for RW 1. State W_Cpsf. Estimate if+a+t�+i1 0.00 0.00 0.00 Construction k. Contract I. Other m. Other Federal Aid n Other Participation o. Ag_en� Ratio for CN P.State Total CN Cost Estimate (k+l+m+n+o+ L_ r. Total Project Cost Estimate.(e++ AgencpFerrel, l ByTitleim Mayor 0.00 10.00 10.00 1700,000.00 150,000.00 1550,000.00 Washington t e Departme of Transportation Director, Local programs JUL 1 1 2019 Date Executed ` 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 January 2 , 2019 , Resolution/Ordinance No. 19-747 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 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 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 PROJECT DESCRIPTION Construction of a shared use path along the Pacific Highway S corridor from S 308th St to S 288th St. The non -motorized improvements will consist of a path/trail that for portions of the alignment will parallel the roadway and portions will be located within the (partially unopened) right-of-way of 16th Avenue S. The segments of the trail located off -roadway will include pedestrian -scale illumination for safety. AGENCY.'. F' D e L- WAV FA --*-: sTpo L_-oog9 (1¢S) L_AA�:a '. 4&20 C9a?_ I Doe,