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AG 23-173 - WA STATE DEPARTMENT OF TRANSPORTATIONRETURN TO: PW ADMIN EXT: 2700 ID #: 4283 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ Engineering 2. ORIGINATING STAFF PERSON: Desiree Winkler EXT: 2711 3. DATE REQ. BY: 7/26/23 .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#): 0 INTERLOCAL EI OTHER Grant Agreement (Prospectus and Local Agency Agg 4. PROJECT NAME: City Center Access Phase 1 - SB Ramp Modifications s. NAME OFCONTRAcTOR: WA State Department of Transportation 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. / /f 7. TERM: COMMENCEMENT DATE: C1 COMPLETION DATE: 12/31 /2030 8. TOTAL COMPENSATION: $ they pay us $14,000,000.00 (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, S PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED O PURCHASING: PLEASE CHARGE TO: Revenue to 306-4400-177-595-xx-xxx 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIVISION MANAGER 8 DEPUTY DIRECTOR DSW 7n9123 6 DIRECTOR -R—= ❑ RISK MANAGEMENT (IF APPLICABLE) 6 LAW DEPT KVA 7/2012023 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: V10123 SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 7118123 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 6 SIGNATORY (MAYO ❑ DIRECTOR ❑ CITY CLERK ❑ ASSIGNED AG # AG# p lr ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: EXECUTE:" 1 - ORIGINALS _ WSDOT's form - cannot change. Please confirm can be signed by EJ and Mayor "Must sign in blue ink' 1 2020 wrWashington State o Department of Transportation Local Programs State Funding Agency and Address Agreement City of Federal Way Work by Public 33325 8th Ave S Agencies Federal Way, WA 98003-6325 Agreement Nurnbor Maximum Amount Authorized Location and Doscription of Work (See also Exhibit "A") U� 10 G -7 � �� $9,000,0� City Center Access Ph. 1 (SB Ramp Modifications) (see attached) Participating Percentage Project Number 100% HLP-MAWA(004) This AGREEMENT is made and entered into between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the "STATE," and the above named organization, hereinafter call the "AGENCY." WHEREAS, the AGENCY is planning the work shown above, and in connection therewith, the AGENCY has requested financial assistance for the project or program, and WHEREAS, the AGENCY has requested funds for the above shown project or program, which has been selected by the STATE for funding assistance. NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREE AS FOLLOWS: Type of Work Estimate of Funding (1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated State Funds PE a. Agency $ 950,000.00 $ 950,000.00 b. Other Permiting $ 125,000.00 $ 125,000.00 c. Other Consultant $ 12,625,000.00 $ 12,625,000.00 d. State Services $ 300,000.00 $ 300,000.00 e. Total PE Cost Estimate (a+b+c+d) $ 14,000,000.00 $ 0.00 $ 14,000,000.00 Right of Way f. Agency g. Other h. Other i, State Services J. Total RIW Cost Estimate (f+g+h+i) $ 0.00 $ 0.00 $ 0 00 Construction k, Contract I, Other m. Other n. Other o. Agency p. State Services q. Total CN Cost Estimate (k+l+m+n+o+p) $ 0.00 $ 0.00 $ 0.00 r. Total Project Cost Estimate (e+j+q) $ 14.000.000.00 $ 0.00 $ 14.000,000 00 DOT Form 140-067 Page 1 Revised 06/2022 I IV General Legal Relations The AGENCY agrees to perform the above described work in accordance No liability shall attach to the AGENCY or the STATE by reason of with the Project Application attached hereto as "Exhibit A" and made a entering into this AGREEMENT except as expressly provided herein. part of this AGREEMENT. V Plans, specifications, and cost estimates shall be prepared by the AGENCY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction and adopted design standards, unless otherwise noted, The AGENCY will incorporate the plans and specifications into the AGENCY's project and thereafter advertise the resulting prnjpct for bid and, assuming bids are. rpcpivpd and a contract is awarded, administer the contract, or if the project is of a size which the AGENCY is authorized to perform with its own forces under the laws of the State of Washington, the AGENCY may proceed with its own forces. All work performed under this AGREEMENT shall comply with the applicable provisions of state law. Payment The STATE, in consideration of the faithful performance of the work to be performed by the AGENCY, agrees to reimburse the AGENCY for the percentage of the actual direct and related indirect cost of the work shown above, up to the "MAXIMUM AMOUNT AUTHORIZED". The agency will comply with Governmental Accounting Auditing and Financial Reporting Standards and applicable state law and local regulations, policies and procedures. No payment will be made for work done prior to execution of this AGREEMENT. Partial payments shall be made by the STATE, upon request of the AGENCY, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit, all required adjustments will be made and reflected in a final payment. The AGENCY agrees to submit a final bill to the STATE within forty-five (45) days after the AGENCY has completed work. The AGENCY agrees that all costs in excess of the amount authorized and the AGENCY's matching funds shall be the responsibility of the AGENCY. Audit The AGENCY agrees that an audit may be conducted by the STATE. During the progress of the work and for a period not less than three (3) years from the date of final payment to the AGENCY, the records and accounts pertaining to the work and accounting thereof are to be kept available for inspection and audit by the STATE and copies of all records, accounts, documents, or other data pertaining to the project will be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the three-year Nondiscrimination The AGENCY agrees to comply with all applicable state and federal laws, rules, and regulations pertaining to nondiscrimination and agrees to require the same of all subcontractors providing services or performing any work using funds provided under this AGREEMENT. VI Venue For the convenience of the parties to this AGREEMENT, it is agreed that any claims and/or causes of action which the AGENCY has against the STATE, growing out of this AGREEMENT or the project or program with which it is concerned, shall be brought only in the Superior Court for Thurston County. VII Termination The Secretary of the Department of Transportation may terminate this AGREEMENT if the funding becomes unavailable or if the Secretary determines that it is in the best interest of the STATE. VIII Final Report and Final Inspection Within ninety (90) days following the completion of the project and submission of the final billing for the project, a final report and/or final inspection shall be submitted to the Director, Highways & Local Programs containing the following information: Non ital Proiects 1. A description of the project or program. A summary of actual costs of the project or program. An evaluation of the project or program. This should address aspects such as transportation and/or other benefits to the public. Cenital Prgiects 1. A final inspection is required. IX Supplement This agreement may be modified or supplemented only in writing by parties. retention period. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year last written below. AGENCY r By: -Tim &w # Title: Jim Ferrell, Mayor 7` Agency Date: Z4 DOT Form 140-087 Revised 0612022 STATIn 5y Date: Digitaitysiyned by Step hartle Stephanie Two Date: 2023.08.09 11 i 8:59.07'00' Director, Local Programs Page 2 General The AGENCY agrees to perform the above described work in accordance with the Project Application attached hereto as "Exhibit A" and made a part of this AGREEMENT. Plans, specifications, and cost estimates shall be prepared by the AGENCY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction and adopted design standards, unless otherwise noted. The AGENCY will incorporate the plans and specifications into the AGENCY's project and thereafter advertise the resulting project for bid and, assuming bids are received and a contract is awarded, administer the contract, or if the project is of a size which the AGENCY is authorized to perform with its own forces under the laws of the State of Washington, the AGENCY may proceed with its own forces. All work performed under this AGREEMENT shall comply with the applicable provisions of state law. Payment The STATE, in consideration of the faithful performance of the work to be performed by the AGENCY, agrees to reimburse the AGENCY for the percentage of the actual direct and related indirect cost of the work shown above, up to the "MAXIMUM AMOUNT AUTHORIZED". The agency will comply with Governmental Accounting Auditing and Financial Reporting Standards and applicable state law and local regulations, policies and procedures. No payment will be made for work done prior to execution of this AGREEMENT. Partial payments shall be made by the STATE, upon request of the AGENCY, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit, all required adjustments will be made and reflected in a final payment. The AGENCY agrees to submit a final bill to the STATE within forty-five (45) days after the AGENCY has completed work. The AGENCY agrees that all costs in excess of the amount authorized and the AGENCY's matching funds shall be the responsibility of the AGENCY. Audit The AGENCY agrees that an audit may be conducted by the STATE. During the progress of the work and for a period not less than three (3) years from the date of final payment to the AGENCY, the records and accounts pertaining to the work and accounting thereof are to be kept available for inspection and audit by the STATE and copies of all records, accounts, documents, or other data pertaining to the project will be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the three-year retention period. IV Legal Relations No liability shall attach to the AGENCY or the STATE by reason of entering into this AGREEMENT except as expressly provided herein. V Nondiscrimination The AGENCY agrees to comply with all applicable state and federal laws, rules, and regulations pertaining to nondiscrimination and agrees to require the same of all subcontractors providing services or performing any work using funds provided under this AGREEMENT. VI Venue For the convenience of the parties to this AGREEMENT, it is agreed that any claims and/or causes of action which the AGENCY has against the STATE, growing out of this AGREEMENT or the project or program with which it is concerned, shall be brought only in the Superior Court for Thurston County. VII Termination The Secretary of the Department of Transportation may terminate this AGREEMENT if the funding becomes unavailable or if the Secretary determines that it is in the best interest of the STATE. VIII Final Report and Final Inspection Within ninety (90) days following the completion of the project and submission of the final billing for the project, a final report and/or final inspection shall be submitted to the Director, Highways & Local Programs containing the following information: Non -Capital Projects 1. A description of the project or program. 2. A summary of actual costs of the project or program. 3. An evaluation of the project or program. This should address aspects such as transportation and/or other benefits to the public. Capital Projects 1. A final inspection is required. IX Supplement This agreement may be modified or supplemented only in writing by parties. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year last written below. AGENCY By: 6flim dl Title: Jim Ferrell, Mayor Agency Date: STATE By: Date: Director, Local Programs DOT Form 140-087 Page 2 Revised 06/2022 Amk Washington State Transportation Building on 310 Maple Park Avenue S.E. Department of Transportati P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY.1-800-833-6388 www.wsdot.wa.gov August 10, 2023 Mr. Edward Walsh, PE Public Works Director City of Federal Way 33325 8th Avenue South Federal Way, Washington 98003 City of Federal Way City Center Access HLP-MAWA(004) 2023 Move Ahead Washington Dear Mr. Walsh: The above project has received fund authorization, effective August 9, 2023, as follows: PHASE TOTAL STATE SHARE Preliminary Engineering $14,000,000 $14,000,000 Enclosed for your information and file is a fully executed copy of Local Programs State Funding Agreement LA10675 between WSDOT and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. All future correspondence relating to the project is to be submitted to your Region Local Programs Engineer, Mehrdad Moini. Sincerely, S� T-Avc Stephanie Tax Manager, Program Management Local Programs ST.jg:ml Enclosures cc: Mehrdad Moini, Northwest Region Local Programs Engineer, MS NB82-121 Milk � Washington State Local A enc Federal Aid g y VI/ Department of Transportation Project Prospectus Prefix Route ( ) Date 16/15/23 Federal Aid Project Number DUNS Number 61-250-9901 Lo . (Agency 36207 r WSDO y 1 I Federal Employer 91-1462550 Project Number ` Use Only 1 Tax ID Number Agency CAAgency Federal Program Title Federal Way _ n Yes ❑ No []20.205 []✓ Other State Project Title Start Latitude N 47.3006 Start Longitude W-122.3032 City Center Access Ph. 1 (SB Ramp Mods.) End Latitude N 47.3117 End Lon itude W-122.2965 Project Termini From -To Nearest City Name Project Zip Code (+4) S 336th S 317th Federal Way 98003-5443 Begin Mile Post End Mile Post Length of Project Award Type 142.8 144.0 1.2 miles Local ❑ Local Forces ❑ State ❑ Railroad Route ID Begin Mile Point End Mile Point City Number County Number County Name I-5 n/a n/a 443 17 King WSDOT Region Legislative District(s) Congressional District(s) Urban Area Number Northwest Region 30 9 803$89 Total Local Agency Phase Start Phase Estimated Cost Funding Federal Funds Date (Nearest Hundred Dollar) (Nearest Hundred Dollar) (Nearest Hundred Dollar Month Year P.E. 14,000,000 14,000,000 ,Aug 2023 C/W 16,000,000 16,000,000 Jan 2025 Const. 1103,000,000 103,000,000 Jan 2027 Total 1133,000,000 133,000,000 Description of Existing Facility (Existing Design and Present Condition) Roadway Width varies Number of Lanes varies 324th: 4 lane road with sidewalks both sides; does not exist between 23rd Ave S and I-5. 1-5 SB on/off ramps to/from S 324th: does not exist. Description of Proposed Work Description of Proposed Work (Attach additional sheet(s) if necessary) (see attached) Local Agency Contact Person Desiree' S. Winkler, P.E. Title Deputy Public Works Director Phone 253.835.2711 Mailing Address 33325 8th Ave S City Federal Way State WA Zip Code 98003-6325 Project Prospectus By,�� Approving Authority Title EJ Wash, P.E., Public Works Director date 71Z,>'j72.' DOT Form 140-101 Pane 1 Revised 01/2022 rrevious taiuons uosoiete Agency 9 Y Project Title 1 Date Federal Way City Center Access Ph. 1 (SB Ramp Mods.) 6/15/23 Type of Proposed Work Project Type (Check all that Apply) Roadway Width Number of Lanes ❑✓ New Construction ❑ Path / Trail ❑ 3-R 24-52 ft 2-4 lanes ❑ Reconstruction ❑ Pedestrian / Facilities ❑ 2-R ❑ Railroad ❑ Parking ❑ Other ❑ Bridge Geometric Design Data Description _ Through Route Crossroad ❑✓ Principal Arterial ❑✓ Principal Arterial Federal ❑✓ Urban ❑ ❑✓ Urban Minor Arterial ❑ Minor Arterial Functional ❑ Rural El collector ❑ Rural ❑ Collector Classification ❑ NHS ❑ Major Collector ❑ NHS ❑ Major Collector ❑ Minor Collector ❑ Minor Collector ❑ Local Access ❑ Local Access Terrain ❑✓ Flat ❑ Roil El Mountain Z Flat M Roll ❑ Mountain Posted Speed 35 35 Design Speed 145 45 Existing ADT Design Year ADT I Design Year Design Hourly Volume (DHV) Performance of Work Preliminary Engineering Will Be Performed By Consultant Construction Will Be Performed By Contractor Environmental Classification ❑ Class I - Environmental Impact Statement (EIS) ❑ Project Involves NEPA/SEPA Section 404 Interagency Agreement 0 Class III - Environmental Assessment (EA) ❑ Project Involves NEPA/SEPA Section 404 Interagency Agreements I Environmental Considerations Others Agency 90 % 10 Contract Agency 100 % % ❑ Class II - Categorically Excluded (CE) ❑ Projects Requiring Documentation (Documented CE) The primary environmental considerations include: property acquisition and displacements of potentially vulnerable populations; increased pollutant generating impervious surface requiring storm water runoff treatment; potential noise impacts (short term and long term); wetland impacts and mitigation; and potential fish bearing stream improvements. ullil i^�V' IU 1 Revised o1/2022 Previous Editions Obsolete Agency Project Title Date Federal Way City Center Access Ph. 1 (SB Ramp Mods.) 6/15/23 Right of Way ❑ No Right of Way Needed ❑✓ Right of Way Needed * All construction required by the ❑ No Relocation contract can be accomplished within the existing right of way. Utilities Railroad ❑✓ Relocation Required ❑ No utility work required Z✓ No railroad work required ❑AII utility work will be completed prior to the start All railroad work will be completed prior to the start of of the construction contract the construction contract ❑✓ All utility work will be completed in coordination ❑ All the railroad work will be completed in coordination with the construction contract with the construction contract Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project Utilities including power, communication, water, sewer, gas within existing rights -of -way will be moved by the utilities at their expense to accommodate widening. Utilities within newly purchased rights -of -way will be moved at the project's expense as necessary. FAA Involvement Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ❑ Yes ❑✓ No Remarks 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. Date Agency - By _ _ �� ��� Fe✓ e Il MayorlGha[rparson DOT Form 140-101 Page 3 Revised 01/2022 Previous Editions Obsolete City of Federal Way City Center Access Phase 1(SB Ramp Modifications) Description of Proposed Work Construct a SB 1-5 Off -ramp from the existing 1-5 / S 3201n off -ramp to S 324tn. Construct a SB 1-5 on -ramp at S 324tn including modifying existing SB 1-5 / S 320tn on -ramp to a braided ramp from S 320tn to S 324tn S 324tn will be extended and widened as a 4 to 5 lane minor arterial with sidewalk and multi -use path from SR99 to new S324th ramp terminal including intersection modifications at SR99/S 324tn. This project includes completion of the environmental documentation (NEPA EA) for the complete City Center Access project (ID 3660). City Center Access Project Phase 1 Improvements At -Grade or Elevated Local Road Improvement Element Transit/HOV Improvement Element On/Off Ramp Gore BPATrail Potential BPATrail Extension Federal Way Park & Ride Future Light Rail Station O Phase I SB 1-5 exit and entrance ramp improvements: New connection to 324th and to j ramp reconfigurations Q N N to Q W a. 'a ry S 317TH ST CD S 320TH r S3 Pacific Hwy 99/324th intersection improvements: Additional SB and NB left turn lanes All 1-5 on ramps will be metered 4 IVA ST y / 4P / op / 'dD00 dO 1 i 1 1 New roundabouts at 23rd S/S 324th and 324th/SB ramp terminals A N 0 330 660 1,320 Q Nit