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AG 11-183RETURN TO: �� `� � EXT: � ��a CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBL[C WORKS /!�7 �C�'�'�> 2. �RIGINATING STAFF G��-t� ExT: Z� ��- 3. DA'rE REQ. BY: �S� 4. TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECT[ON DOCUMENT �E.G., RFB, RFP, RFQ� ❑ PUBL[C WORKS CONTRACT ❑ ❑ PROFESSIONAL SERVICE AGREEMENT ❑ ❑ GOODS AND SERVICE AGREEMENT ❑ ❑ REAL ESTATE DOCUMENT ❑ ❑ ORDINANCE � � � � 7 ❑ '� ❑ 5. P� G. NAME OF CONTRACT ADDRESS:���on 2 � E-MAIL: f.�v�l� SIGNATURE NAME: El SMALL OR LIMITED PUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS� RESOLUTION Q -yyla-y� F,vc: TITLE: , �c�+� �� I�.IG�3<as �avl P..�� 7. 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. / /_ H. TERM: COMMENCEMENT DATE: /�/%/ZC� /? COMPLETION DATE: V�_ �ow�� Ie�`� dv� 9. TOTAL COMPENSATION: $ �S� 1 P�� `� `- �e�y ) (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 ❑ CTTY ❑ PURCHASING: PLEASE CHARGE TO: lO. DOCUMENT / CONTRACT REVIEW �'PROJECT MANAGER ❑ DNIS[ON MANAGER � DEPUTY DIItECTOR LK DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE� ❑ Law DEtrr 11. COUNCIL APPROVAL (IF APPLICABLE� INITIAL / DATE REVIEWED 31�h� r.� /3 COMMITTEE APPROVAL DATE: li. CONTRACT SIGNATURE ROUTING ,/ ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ��� !�� ❑ ATTACH: S[GNATURE AUTHORITY, INSURANCE CERTIFICATE, L[CENSES, EXHIBITS C 1�' y`? �9� �5 t INITIAL / DATE S[GNED ❑ Lnw DEpr ❑ S[GNATORY M O R IRECTOR� �CITY CLERK � �(� �ASS[GNED AG # AG# ' �SIGNED COPY RETURNED DATE SENT: ' � UR COMMENTS: I� ExECtrrE " Z` Ot�Gnv,�t.s K-�-�r �'� �-o � Ol�.u�u � ,� i l I P A ase- D�er Ie�i'e� /' , �., Ss��L I � INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: 11/9 , /� Washington State . � Department of Transportation ����cY Local Agency Agreement Supplement Agency Supplement Number Cit of Federal Wa _ _ 3 Federal Aid Project Number Agreement Number CFDA No. 2�.2�5 SRTS - 1040 003 LA-7573 Catal of Federal Domestic Assistance The Local Agency requests to supplement the agreement entered into and executed on _ All provisions in the basic agreement remain in effect except as modified by this supplement. The changes to the agreement are as follows: Project Description Name Lakota Middle School Safe Routes to School Program Termini 14th Ave SW to SR 509 Description of Work � No Change Length 0.18 Reason for Supplement Obligate additional funds for Construction Phase that was transfered from unobligated Right of Way funds through a TIP amendment (See attached) Does this change require additional Right of Way or Easements? ❑ Yes � No Estimate of Funding T e of Work �'� (2> c3) �4� �5� yp Previous Estimated Total Estimated Agency Estimated e„�ee,,,o.,+ic �.,.,i I Supplement pmiar.t Funds Funds Federal Funds PE a. Agency % b.Other Consultant c.Other non-partici Federal Aid d. State Participation Ratio for PE e. Total PE Cost Estimate i Right of Way f. Agency % g.Other Consultant Federal Aid h. Other Participation Ratio for RW �• State j. Total R/W Cost Estimate Constructlon k. Contract I. Other non-particpatix o�o m. Other Consultant n. Other Federal Aid — Participation o. Ratio for CN „ State Total CN Cost Estimate 1 [l 427 11,518.00 199,500.00 1 668.00 1 668.00 500.00 201,668.00 1,668.011 43,277.00 57 058.00 500.00 165.00 451727.00 165.00 228,130.00 228,130.00 90,000.00 11,518.00 1 451,727.00 11.518.00 � r i otai rrolect �ost esiimaie 1e*1�11 I 1 Utsu s�ts uui i i vaa a ia vv i ��y. �yo.�� � o��.�o�.v 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 `� Washington S e D artment of ransportation By _ � BY Title Ca TM Boe,�_rDirectcLOf Parkc, Pjjtjli� Wnrkc an[� Director of Highways an Local Programs JUN 191013 FmPr_�r��ana�PmPnt Date Executed DOT Form 140-041 EF Revised 03/2011 County: King Appendix A as of the 13-04 Amendment: Approved 5/14/2013 Jurisdiction: Federal Way Project Number: FW-13 Title: Lakota Middle School Safe Route to School Program (SW 312th Street-14th Ave SW to SR-509) Phase Programmed. Year Oblig. Date Funding Source Federal Fund State Funds Local Funds Phase Total Construction 2013 4!1/13" Safe Routes To Schools $534,080 $0 $0 $534,080 Construction 2013 4/1/13 Safe Routes To Schools $24,165 $0 $0 $24,165 Construction 2013 4/1/13 Local $0 $0 $228,130 $228,130 WSDOT PIN: Federal Aid/FTA Grant Number(s): 1040(003) Functional Class: Not applicable (transit, enhancements, Etc.) Location: SW 312th Street Total Cost $1,088,878 Year of Expenditure for Total Cost: 2014 MTP Status: Exempt TOtals: $558,245 $0 $228,130 SRTS-1040(003) Improvement Type: Single Intersection -- Roadway From: 14th Ave SW To: SR 509 Regionalty Signi�icant: No Environmental Status: CE MTP Reference(s): N/A $786,375 Description: This Project will install a new signal with an exclusive all stop pedestrian phase at the intersection providing access to the Lakota Middle School at 14th Ave SW and SW 312th Street with the additional feature of curb, gutters, 8' sidewalk, 6' planter, 5' bike lane, and street lights approximately 745' on the north side of SW 312th Street from Dash Point Rd to 14th Ave SW. "= Asterisk by Obligation Date indicates funds for this phase obligated earlier this calenda� year 5/29/13 A- 26 Appendix A: Project Descriptions RETURN TO. �>�:� � .�, EXT: �'� ! ) � CITY i�F FEDERAL VVAY LAW DEPARTMENT ROUTING FORM 1. ORiGINATING DEPT/D[V: PUBLIC WORKS / 5'�'C r� ILI s 2. ORIGINATING STAFF PERSOIY: ExT: 3. DATE REQ. BY: TYPE OF DOCUMEIYT (CHECK ONE): ❑ COIVTRACTOR SELECTION DOCUMENT (ti.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESS[ONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREENtENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION $l CONTRACT AMENDM��N"T (AG#):._� [_I� ❑ INTERLOCAL ^ B �} ❑ OTHER G- 0 !.u- l /T� Cy�t �[__ �A P �� vwr�, .t S� D B I � �K � �D i �I ��r��n t rN v l�l � �"� /D r [�t9 N4 �'/�✓ [�/Ci /.. PROJECT NAME: �. pL r9 C� ►" b> �t- �'' �-�0� ( Srn Fe K-� t/ t�s 1� ��°�O I NAME OF COPITRACTOR:�c �: v��' s��L �ona� ��ww.-ee�+ l_D � I 11C�NSdO r�� v N ADDRESS: F�� rs,��klPro�rau senf,inPlniN/sioT �"�✓aep1�H� D B�r 3303J�✓`,�„'��N/� �-.lt8/s����'ELEPHONE: ZoG-�i�-�/73�F E-MAIL: L e H� s r EP t✓5 0� 1� �' A' 9=✓ F�' SIGNATURE NAME: ke�,}�n I r2✓ �v.-�i S TITLE: �i�u/a'� ��/ivS�i..�c. Fl�x,.,[�, �, EXHIBITS APiD ATTACftMENTS: � SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGI�I ❑ REQUIRED LICENSES ❑ PRIOR CONTRACTJAMENDMENTS CFW LICENSE # BL. EXP. 12/311 �I # , E�. —/—/ B. TERM: COMMENCEMENT DATE: ���f /� � � COMPLETION DATE: u/►a�^ Lo � A I�1.�... 9. TOTAL COMPENSATION: $ (INCLUDE EXPENSES AND SALES 'fAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES i'ITLES AND HOL[DAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NU [F YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT / CONTRACT REVIEVV I$( PROJECT MANAGER ❑ DIVISION MANAGER Q9 DEPUTY DIRECTOR ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) �W DEPT INITIAL / DATE REVIEWED IIVIT'IAL / DATE APPROVED � (Lwt 3 S' /3 11. COUMCIL APPRO�JAL (IF APPLICABLE) COMM[TTEE APPROVAL DATE: COUNCiL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUT►NG 2,/G // � ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: � J DATE REC'D: ❑ ATTACH: SIGNA'�j,TRE AUTHORITY, [NSURANCE CERTIFICATE, LICENSES, EXHIBITS ;C� �'Nf � �� � INITIAL / DATE S[GNED ,�y n ❑ LA.W DEPT I� SIGNATORY/MAYO OR DIRECTOR) � ���1G3 �� �ITY CLERK`��ZI t�� � � AsStGtvE� AG # AG# 1 '� � SIGNED COPY RETURNED DATE SENT: _ ��_Q • I� � NTS: � E " 2 " ORIGINALS �. �'J r-ti ° C� � �� M 5 ����i» �� ar �w�11., / o���l � �Washington State Department of Transportation Lynn Peterson Secretary of Transportation Apri14, 2013 Mr. Marwan Salloum, PE Public Works Director City of Federal Way PO Box 9718 Federal Way, Washington 98063-9718 Dear Mr. Salloum: 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 RECEIIIED City of Federal Way Lakota Middle School — Safe Routes to School SRTS-1040(003) FUND AUTHORIZATION APR 0 8 2013 P14RKS & PUg1.IC WORKS OEwiar�AFN-r We have received FHWA fund authorization, effective March 25, 2013, for this project as follows: PHASE Construction TOTAL FEDERALSHARE $786,375 $534,080 Enclosed for your information and file is a fully executed copy of Supplement Number 2 to Local Agency Agreement LA-7573 between the state and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincerely, Steph 'e Tax Manager, Program Management Highways & Local Programs ST:jg:ac Enclosure cc: Ed Conyers, Northwest Region Local Programs Engineer, MS NB82-121 � 1Alashatgton State �� Departmerrt of TMansportation ����) Local Agency Agreement Supplement Agency Supplement Number Ci of Federal Wa 2 Federal Aid Project Number Agreement Number CFDA No. 2Q.2Q5 SRTS - 1040 003 LA-75 73 Catal of Federal Domestic Assistance The Local Agency requests to supplement the agreement entered into and executed on March 4, 2013 All provisions in the basic agreement remain in effect except as modified by this supplement. The changes to the agreement are as follows: Project Description Name Lakota Middle School Safe Routes to School Program Length 0.18 Termini 14th Ave SW to SR 509 Description of Work � No Change Reason for Supplement Obligate Funds for Construction Does this change require additional Right of Way or Easements? ❑ Yes � No 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 Off ia Washingt n Sta D partment of T nsportation . ` BY BY Title Ck�p Prit'st, 11tta�nr Director of Highways and ocal Programs � �'�/ � � � Date Executed ZZ � DOT Form 140-041 EF Revised 03I2011 Lakota Middle School Safe Routes to School Project - Cost Explanation for Supplement SRTS -1040(003) Cost for Construction See attached Cost Estimate Contractor City Contingency Total Construction Consultant Cost for Construction See Attached Fee Estimate Agency Costs for Construction Agency Costs for Construction Management Construction Preparation Precon Submittal Review Daily Inspection Daily Project Management Project Close Out King County Inspection of Signal, Illumination, interconnect $607,581.00 $60,758.00 $668,339.00 $101, 518.00 Project Engineer King County John Mulkey $58.22 $105.00 4 6 20 20.7 � 50 25 40 125J 40 $7,318.25 $4,200.00 $11,518.25 Construction Management costs are based on previous labor hours to perForm similar work where has hired consultants to manage the project. WSDOT Inspection and Materials $5,000.00 Total Construction Costs $786,375.25 CONSULTANT FEE SUMMARY Project: City of Federal Way Lakota Middle School Safe Routes to School - Construction Management Tetra Tech Fee Estimate - Federal Funds DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Project Manager 17 59.00 $1,003.00 2. Project Engineer 53 59.00 $3,127.00 3. Project Inspector 391 43.50 $17,008.50 4. Offcie Engineer 92 35.00 $3,220.00 5. CADD / Technical Support 66 35.00 $2,310.00 6. Project Administrator 64 28.00 $1,792.00 SUBTOTAL - DSC 683 $28,460.50 OVERHEAD (OH) COST (Including Salary Additives) OH Rate X DSC or 172.04% X$28,460.50 $48,963.44 FIXED FEE (FF): FF Rate = 30% X ( $28,460.50 ) $8,538.15 REIMBURSABLES: . Mileage ( 2750 Miles X 0.56/mile ) $1,540.00 Materials Testing $12,500.00 $14,040..00 SUBTOTAL $100,002.09 SUBCONSULTANTS KKLA $1,516.00 GRAND TOTAL - ESTIMATED FEE $101,518.09 Prepared By: S. 011ing Date: 2/28/13 (Revised) Checked By: A. Dyer / S. Williams Date: No change in total FEE_FW_SW 312th St_CM Fee (draft final)TT FEE - Federal T2t1'a T2Ch CONSULTANT FEE SUMMARY City of Federal Way Lakota Middle School Sate Routes to School - Construction Management Tetra Tech Fee Estimate - Federal Funds $ 59.00 $ 59.00 $ 43.50 S 35.00 $ 35.00 $ 28.00 Project Project Project Office Tech. Projecf HOURS DSC OH @ FEE @ TOTAL MAJOR TASK DESCRIPTION Mana er Engineer Inspector En ineer Support Admin TO7AL TOTAL 172.04% 30% 1.0 Project Management and Coordination 1.1 Project Planning 2 1 2 5.0 $ 264.00 $ 454.19 $ 79.20 $ 797.39 1.2 Budget and Schedule Tracking 2 16 18.0 $ 566.00 $ 973.75 $ 169.80 $ 1,709.55 1.3 Monthiy Progress Reports 3 4 7.0 $ 289.00 $ 497.20 $ 86.70 $ 872.90 1.4 Correspondence 2 4 6.0 $ 230.00 $ 395.69 $ 69.00 $ 694.69 1.5 Quality Assurance/Quality Control 2 8 4 14.0 $ 702.00 $ 1,207.72 $ 210.60 $ 2,120.32 2.0 Preconstruction Services 2.1 Preconsturction Conference 1 4 6 2 13.0 $ 612.00 $ 1.052.88 $ 183.60 $ 1,848.48 2.2 Preconstruction Documentation 4 12 2 18.0 $ 814.00 $ 1.400.41 $ 244.20 $ 2,458.61 3.0 Consiruction Management Services - Field 16 370 386.0 $ 17,039.00 $ 29,313.90 $ 5,111.70 $ 51,464.60 4.0 Construction Management Services - Office 4.1 Construction Management and Work Plan 2 4 1 8 2 17.0 $ 733.50 $ 1,261.91 $ 220.05 $ 2,215.46 4.2 Document Management 1 4 20 30 55.0 $ 1,835.00 $ 3,156.93 $ 550.50 $ 5,542.43 4.3 Pian Interpretations and Change Orders 1 4 30 35.0 $ 1,345.00 $ 2,313.94 $ 403.50 $ 4,062.44 4.4 Record Drawings 1 4 4 66 75.0 $ 2,745.00 $ 4,722.50 $ 823.50 $ 8,291.00 4.5 Construction Management Coordination 4 30 34.0 $ 1,286.00 $ 2,212.43 $ 385.80 $ 3,884.23 TOTAL 17 53 391 92 66 64 683.0 $ 28,460.50 $ 48,963.45 $ 8,538.15 $ 85,962.10 Fee Fw sw a i zw si cM Fee ra�an i��auTT - Faae�ai Tetra Tec h City of Federal Way Lakota Middle School Safe Routes to School - Construction Management Karen Kiest Landscape Architects Fee Estimate - Federal Funds Principal Sen, Ges Jr. Des HOURS MAJOR TASK DESCRIPTION � 2 3 TOTAL 1.0 Project Management and Coordination 1.1 Project Planning 1.2 Budget and Schedule Tracking 1.3 Monthly Progress Reports 1.4 Correspondence 1.5 Quality Assurance/Quality Control 2.0 Preconstruction Services 2.1 Preconsturction Conference 2.2 Preconstruction Documentation 3.0 Construction Management Services - Field � 2 � 8 � �� 1U 4.0 Construction Management Services - Office 4.1 Construction Management and Work Plan 4.2 Document Management 4.3 Plan Interpretations and Change Orders 1 2 3 4.4 Record Drawings 2 2 4.5 Construction Management Coordination 1 1 4 I 12 I 0 II 16 FEE_FW_SW 312th St_CM Fee (draft final)KKLA - Federai Tetra Tech Project: City of Federal Way Lakota Middle School Safe Routes to School - Construction Management Karen Kiest Landscape Architects Fee Estimate - Federal Funds DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Principal 4 110.00 $440.00 2. Senior Designer 12 85.00 $1,020.00 SUBTOTAL - DSC 16 $1,460.00 REIMBURSABLES: Mileage ( 100 Miles X 0.56/mile ) $56.00 $56.00 SUBTOTAL � $1,516.00 GRAND TOTAL - ESTIMATED FEE $1,516.00 Prepared By: K. Kiest Date: 2/28/13 (Revised) Checked By: S. 011ing Date: No change in total FEE_FW_SW 312th St_CM Fee (draft final)KKLA FEE - Federal Tetra Tech City of Federal Way Lakota Middle School Safe Routes to School Project - SRTS- Section Item Description Cost Estimate Bid Level Unit � Quantity � Unit Price � Total 1-04 Minor Change ' CALC '' 1 ,$ 5,000 $ 5,000 1-05 Construction Surveyin� . . LS ' 1 .$ 8,000 $ 8,000 1-05 As-Built Survey and Record Drawin�s LS 1 _''�, $ 4,000 $ 4,000 1-07 SPCC Plan .. . LS � 1 r$ . 1,000 $ 1,000 _. 1-08 Type B Progress Schedule (Minimum Bid $5,000) LS ; 1 '$ 5,000 $ 5,000 _ _ . __ . .. ---__ _ __ - 1-09 Mobilization LS ' 1 ', $ 55,151 $___ _ 55,151 1-10 Off-Duty Uniformed Police Officer HR 80 '� $ 50.90 $ 4,072 . _ . _ __ . _.. _ ._ . 1-10 Traffic Control Supervisor ' LS ' 1 $ 6,000 $ 6,000 __ -- 1-10 Flaggers and Spotters _ HR , 688 $ 45 $ 30,960 . __ _. _. _ . _ _ . _ 1-10 Sequential Arrow Sign HR ' 320 ;$ 2$ 640 _ _ _ __ . _ __ _ _ 1-10 Operate Portable Chan�eable Message Si�n HR ' 1,000 ', $ 5$ 5,000 1-10 Other Traffic Control Labor HR ' 120 r$ 45 $ 5,400 1-10 � Other Temporary Traffic Control LS ' 1 $ 5,000 $ 5,000 _ ____ _ _ _ .. __ ..__ . _ _ 1-10 Construction Si�ns, Class A SF 27 �$ 75 $ 2,025 2-01 Clearing and Grubbin� AC ' 0.26 �$ 6,000 $ 1,560 _: __ _ _ _ 2-01 ' Roadside Cleanup FA ' 1 '$ 5,000 $ 5,000 2-02 �Removal of Structure and Obstruction LS '� 1 $ _1,100 $ 1,100 _ .. . ,- . _ _ 2-02 Removal and Relocation of Existing Private lmprovements , FA 1 ', $ 6,000 $ 6,000 2-02 Sawcutting LF 990 ,.. . - , $ 1.50 $ 1,485 _ : , , _ _ __ 2-03 ' Gravel Borrow Incl. Haul TN 370 '$ 15 $ 5,550 _ _ __ _ ; _ _ .-- -- _ 2-03 Roadway Excavation Incl. Haul CY ' 410 $ 20 $ 8,200 2-03 Unsuitable Foundation Excavation Incl. Haul CY � 25 !$ 30 $ 750 _ ._ _ ___ , . _ ; ___. _ 2-09 Shoring or Extra Excavation Class B I SF 400 $ 1 $ 400 - _ _ ._ . <. ._. _. . _ 2-09 ' Gravel Borrow for Structure Backfill Incl. Haul CY 130 ', $ 35 $ 4,550 , . . _ __ _ _ _._ 4-04 iCrushed Surfacing Top Course TN '� 40 $ 30 $ 1,200 _ _ . -- -- - 4-04 Crushed Surfacing Base Course � TN ' 265 $ 30 $ 7,950 __ _ _ ._ _ _ _ . __ _.._ 4-04 Gravel Backfill for Drains ' TN 125 '$ 20 $ 2,500 . _ _ _ ; _;_ _ __ __ 5-04 Temporary Asphalt Pavement ' TN 10 '$ 45 $ 450 5-04 ', HMA CI. 1/2" PG 64-22 _ _. _.. TN '� 120 ,_. $ _ 85 $ . 10,200 _ _ _ _ _ _ _ __ . . _; ._ _ _ _ _ _ 5-04 Commercial HMA ' TN 5 '$ 70 $ 350 7-01 _ Drain Pipe 8 In. Diam. _ _. , �F _ 60 $ 42 $ 2,520 . _ _ _ . _ _ _ _ ; _ __ _ ._ __ _ -- 7-04 Ductile Iron Storm Sewer Pipe, 12 In. Diam. ' LF ' 10 i$ 100 $ 1,000 _ _ _ 7-04 Class IV Reinf. Conc. Storm Sewer Pipe, 12 In. Diam. LF � 191 '$ 82 $ 15,662 __ __ _--- , 7-05 Catch Basin Type 1 . . . EA . 5 �. $ 1,550 .$ 7,750 . 7-05 .. 'Catch Basin Type 2, 48 In. Diam. . EA � 2 $ 2,850. $ . 5,700 . _ 7-05 Area Drain, 18 In. _ EA . 1 $ _ 400 .$ 400 _.. _ _ _ ._ _ , _ ; _ . _ ._ . _ ._ 7-05 ', Rectangular Solid Locking Cover EA ' 4 '$ 350 $ 1,400 _ _ _ _ __ _ 7-05 Heavy Duty Round Solid Locking Cover and Frame EA ; 2 $ 500 $ _ 1,000 , __ _ _ . ._ _._ _ _ __ 7-1�5 ' Reloca eaWateaMeter _ __ 1 LS : 8 .$ _ 1,000 _$ 1,000 I _ ___ 7-15 Irrigation Service Connection LS ; 1 '$ 1,000 $ _ 1,000 _ , _ _ _ _ y ' ' 1 $ 10,000 $ 10,000 7-15 .Lakota Lakehaven Utilit District Connection Fees FA �, __ _ ___ 7-20 Catch Basin Filter for Spill Control EA , 1 $ 750 $ 750 , __ _ - _ 8-01 'Erosion/Water Pollution Control FA ' 1 ', $ 5,000 $ 5,000 __ _ . . . _. _ 8-01 Jnlet Protection EA 19 '$ 75 $ 1,425 _ _ _ . _ ____ _ _ 8-01 'High Visibility Fence LF 585 $ 3$ 1,755 _ . _ __ . . _ - 8-01 Temporary Erosion Control Blanket ' SY 320 '$ 2.50 $ 800 _. . _ _ : ;_ ; _ _ . _ _ _ 8-01 Seeding, Fertilizing and Mulchin� AC 0.9 $ 5,000 $ 4,500 _ . _ . _ __ ,_ , _ __ _ 8-02 Sod Installation SY ' 321 $ 31.50 $ 10,112 _ _ , _ _. _ _ _ .__ 8-02 'Topsoil Type A ' CY 110.5 $ 50 $ 5,525 . _ _ __ _ 8-02 � Bark or Wood Chip Mulch CY 4.0 ,$ 45 $ 180 _ _ _ _. _ _ 8-02 ' Root Barrier ' LF 432 '$ 8$ 3,456 _ . .. . _._ __ _ .,._ ._ __ 8-02 Soil Amendment CY ' 36 '$ 20 $ 720 _ _ _ _ __ _ . _ _ _ ._ _ _ _ . __ 8-02 PSIPE - Japanese Hornbeam (Carpinus Japonica) EA ', 9 ', $ 550 $ _ 4,950 8-03 Automatic lrrigation System, Complete LS i 1 $ 8,700 $ 8,700 _ . __ _ _ _ . _. : _ _ 8-04 Cement Conc. Traffic Curb and Gutter ' LF ' 685 $ 22 $ 15,070 _ _ _ - -- 8-04 Cement Conc. Pedestrian Curb LF � 20 $ 25 $ 500 8-04 Extruded Cement Conc.Curb, Type 6 ` LF 16 $ 15 $ 240 8-06 �Cement Conc. Driveway Entrance, 3-Day ' SY ', 75 ', $ 50 $ 3,750 __ 8-07 Mountable Cement Concrete Traffic Curb Curb LF 67 T$ 16 $ 1,072 _ _ _ _ __ . , _ __ _ _ 8-09 Raised Pavement Marker Type 2 HUND ', 1 '$ 420 $ 420 _ _. ._. _ _ _ _ _ . __ _ _ _ __ 8-12 ITemporary Chain Link Fence LF '! 275 $ _ 3.50 $ __ 963_ 8-14 � Pervious Cement Concrete Sidewalk SY �' 400 $ 45 $ 18,000 . _ _ _ _ _ -- - 8-14 Cement Concrete Sidewalk SY 195 ,$ 58 $ 11 310 8-20 Lakota Illumination System, Complete � LS 1 $ 40,000 $ 40,000 _ _ , . _. 8-20 14th Avenue SW Signal System, Complete LS 1 '$ 197,000 $ 197,000 _ ,_ - - 8-21 Permanent Signing LS 1 $ 13,000 $ 13,000 _ ._ ... _ _ __ _ . _ _ _ __ 8-22 Paint Line LF 190 $ 1$ 190 . 8-22 Plastic Line . . LF 1,070 $ 2_ .$ . 2,140 . . _ . __ __ .;. _ _ __ _ __ _ 8-22 ' Plastic Wide Lane Line LF ' 540 $ 4$ 2,160 _ _ , _ ._ ._ _ ___ __ 8-22 Profiled Plastic Line ' LF ' S70 '$ 5$ 2,850 _ _ , . _. . _ _ -- 8-22 Profiled Plastic Wide Lane Line LF ', 100 �$ 5$ 500 8-22 Plastic Crosswalk Line . . SF 370 �$ .. 4.$ 1,480 __ _ .. , , _ ; _ . _- 8-22 Plastic Stop Line LF ', 80 ,$ 12 $ 960 8-22 i Plastic Traffic Arrow .. . .. . EA ' 2 ..$ 80 $ 160 8-22 �Plastic Bicycle Lane Symbol EA ' 3 $ 70 $ _ 210 . _ _ _ . _ __. 8-23 Temporary Pavement Marking LF ' 2,250 '$ __ 0.50 $ 1,125 _ . __ - 8-23 Removing Temporary Pavement Marking LF 2,250 ,$ 0.25 $ _ 563 8-24 Cement Concrete Wall Unit Block SF 46 ,$ 20 $ 920 Construction Administration Construction Contingency �/ /, ? ��7 Estimated 10% Construction T $ 101,518.00 $ 60,758.10 `CITY OF Federal Way March 5, 2013 Mr. Ed Conyers, PE Local Programs Engineer WSDOT NW Region PO Box 330310 Seattle, WA 98133-9710 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. com RE: Lakota Middle School - Safe Route to School Program Federal Aid No. SRTS-1040(003) Local Agency Agreement Supplement No. 2— Obligat�on of funds for construction Dear Mr. Conyers: Enclosed is the signed Local Agency Agreement Supplement requesting obligation of funds for Construction for the Lakota Middle School Safe Routes to School Project. This project Right of Way phase is complete and a Certification #1 letter has been signed by the City, Tom Boyd and NW Region, and as such we are submitting the request for Construction funding. I am including with the supplement an explanation of costs shown in the supplement. A copy of the final PS&E documents were previously submitted for this project to your staff. Thanks for your help with this project. If you need additional information, please contact me at (253) $35- 2722. Sincerel , ulkey, PE Street Systems roject Engineer JM. jm Enclosures: 2- Local agency Agreement Supplement and explanarion of costs cc: Grant File, Lakota Middle School SRTS Day File K:\STREBTS\GRANTS\Reimbursements\Lakota Middle School SRSP�F'ederal Aid Local Agency Agreement Supplement - Construction 3-5- 13.doc f:7�llril7�(IC�7i � EXT: � � �"'� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / 2. ORIGINATING STAFF PERSON: ���� �� ���� EXT: Z7 L�' 3. DATE REQ. BY: �JS�I TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBL[C 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 yJ CONTRACT AMEND (AG / I- I�3 ❑ INTERLOCAL /+ / /� n / /� ❑ OTHER L. r�GA �{tOe.nGU !7 U/'PI�vVrw S�nD/ir2±� y� 2��iw�i iwHa,la'^9 M•�Ci9I�/�Y'Wic.y PROJECTNAME: �G�.l=r9 �v� l�"�/OL/'A� �Gh�u� S� ��v�CS �1v SG`.de+ � NAME OFCONTRACTOR: (/"G�'Sln >�G I�o�^ S�Tn{� �/qr f�-vv J �J� I ro.v+t�c°�l�-y `�^ ADDRESS:C'c�GrytiS�t[r�t� TELEPHONE:Ld6�y�'� E-MAIL: C i9 N y Lr ��/✓S ►� �% . N/G � Vl l/ r�• SIGNATURE NAME: �Cc_ }�•IIr. h� �%S TITLE: I�iiv��lv rc� I��s�i�-��.sf La: �ss EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES O 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. / / TERM: COMMENCEMENT DATE: // � y / l v �� COMPLETION DATE: U�o� �'�^ P��' °'� TOTAL COMPENSATION: $ (J� ('i }�j 3 S� —�e��y �� (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES ANII HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOLTNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT / CONTRACT REVIEW 1A PROJECT MANAGER ❑ DIVISION MANAGER � DEPUTY DIRECTOR t1 DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE� L! LAW DEPT // INITIAL / DATE REVIEWED SQ-� S 30 !� _ � -, L�� - tZ� 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: ���� ��� 12. CONTRACT SIGNATURE ROUTING �� n �I �ENT TO VENDOR/CONTRACTOR DATE SENT: �� ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSE , EXHIBITS ❑ LAW DEPT �915 � SIGNATORY (MAYOR OR DIRECTOR) �/Q CITY CLERK � AssiGrrED AG # ,el'SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL f{ �j H G.i INITIAL / DATE SIGNED DA E S ENT ��� � '7 • 2' I 2 IIVITIAL / DATE APPROVED COUNCIL APPROVAL DATE: G�Z 1�� � DATE REC'D: � IZS f/ Z, � G 1'V rr� 1!� J 3� i�f � b � -� yv�,a ��i n y Gvi��/`P fjG�C CC1 ✓Pr �t C' S itir, s�^ ; rs� 1 � � % h �.w�s � �2Du1 �4 9 ` h u b� �t . c ��s; �; � ser� s � olP,-neht at �', ��s c�a w�f bG �'n�.���' �.�..� be��u.�.,. p 1„ �n , Proc2sS }o-f'•.Cf Z�1 �MOw�`�t C1At��p1��1 hrw�' U�+/�'ay - 1 �� � ���� ��s',`� � ' Washington State Departmer�t of Transportation Local Agency Agreement Supplement Agency Supplement Number Cit of Federal Wa 1 Federal Aid Project Number Agreement Number CFDA No. 2�.2�5 SRTS - 1040 003 LA Catal of Federal Domestic Assistance The Local Agency requests to supplement the agreement entered into and executed on _ All provisions in the basic agreement remain in effect except as modified by this supplement. The changes to the agreement are as follows: Project Description Name Lakota Middle School Safe Routes to School Program Length 0.18 Termini 14th Ave SW to SR 509 Description of Work � No Change Reason for Supplement Obligate Funds for Right of Way Does this change require additional Right of Way or Easements? � Yes ❑ No Estimate of Funding T e of Work �'� � � � � yp Previous Supplement Estimated Total Estimated Agency Estimated A reemenUSu I. Pro'ect Funds Funds Federal Funds PE a. A enc % b. Other Consultant 199,500.00 199,500.00 199 500.00 c.Other Non-participation 1,668.00 1,668.00 1�pL� Federal Aid d. State 500.00 500.00 500.00 Participation Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 201668.00 201,668.00 ��(p$ 200,000.00 Right of Way f. A enc 43,2'77.00 43,277.00 � 43 277.00 % . Other Consultant 57 058.00 57 058.00 57 058.00 Federal Aid h. Other Participation Ratio for RW �• State 500.00 500.00 500.00 j. Total R/W Cost Estimate (f+g+h+�) Construction k. Contract I. Other o � a m.Other Federal Aid n. Other Participation o. A enc Ratio for CN p, State . Total CN Cost Estimate k+l+m+n+o r. Total Pro ect Cost Estimate e' �L $ The Local Agency further stipulates that pursuant to saitl I ftle Z3, reguiations ana poncies ana proceaures, ano as a conaiuvn to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions. Agency Official Washington St te D partment � Transportation By By Title ,11t1a3tor Director of Highways and Local Programs � a � g,��r�. ' JUN 2 5 2012 -- Date Executed DOT Form 140-041 EF Revised 03/2011 Lakota Middle School Safe Routes to School Project - Cost Explanation for Supplement SRTS - 1040(003) Cost for Right of Way Consultant Cost for ROW ROW Calculations - Tetra Tech (Engineering cost) PFE - Abeyta (PFE Column 4) ROW Negotiations - Abeyta (PFE Column 7) ROW Negotiations - Tetra Tech ( Prime Consultant management cost) ROW Appraisals - Abeyta (PFE Contingency cost) ROW Appraisals - Tetra Tech (Prime Consultant management cost) Total Consultant Cost $18,669.74 $6,600.00 $22,000.00 $3,666.35 $4,900.00 $1,222.12 $57,058.21 Consultant costs for Abeyta are per the PFE as noted. Consultant cost for Tetra Tech are as the Prime Consultant for the Design contract and include engineering costs to produce survey, legal descriptions and exhibits for each parcel as well as consultant management costs to mage work by the subconsultant, Abeyta, including review of submittals, billing, transmittal of documents to the City etc. Agency Costs for ROW Consultant Contract Management ROW Negotiations (Engineering Cost) ROW Document Review (Engineering Cost) Title Clearing (Engineering Cost) Total Hours Hourly labor Cost (68*$58.22) Just Compensation (PFE Column 2) Statutory Reimbursement (PFE Column 3) Closing Costs (PFE Column 8) Administrative Settlement (PFE Contingency cost) Total Agency Cost State ROW Review Total Estimated ROW Costs Project Engineer Jahn Mulkey @ $58.22 per HR 20 8 16 24 68 $3,958.96 $30,107.00 $3,000.00 $3,200.00 $3,011.00 $43,276.96 $500.00 $100,835.17 Agency costs are for Engineering costs to review documents, property site visits, working with title company to clear title, managing consultant and other work and is based on comparison to labor hours to perform similar work and as laid out in the PFE for ROW costs. , , --, RETURN TO: ���'� ; I ' �.., �� ���� _. FXT: � t �,, ',7 �� CITY OF FEDERAL WAY LAW DEPARTMENT ROU FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / 2. ORIGINATING STAFF PERSON:�'�i�, R� S A�.Lb�� L � EXT: �Z1 Z� 3. DATE REQ. BY: 4. 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 O GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT O SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDiNANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): Ct INTERLOCAL ❑ OTHER � -- 1 .ar., c.�.. �►�l t''�+.r�s,..� � a..� �..�-l�wr\ 5. PROJECT l 6. NAME OF ADDRESS: E-MA[t,: SIGNANRE N 7. EXHIBITS AND ATTACHMENTS: O 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/ �I # � E�'• � � $. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION: $��Q � ''� r�/1 �IA/V1 L'l,`� (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - AT C CH SCH ULES 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 ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT / COIYTRACT REVIEW ❑ PROJECT MANAGER ❑ DNISION MANAGER ❑ DEPUTY DIRECTOR O DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE� 'p17, � LAW DEPT 11 . COUNCILAPPROVAL (IF APPLICABLE� INITIAL / DATE REVIEWED Z.�,,t 1 � �' .� .� COMMITTEE APPROVAL DATE: � � � INITIAL / DATE APPROVED COUNCILAPPROVALDATE: �� � 1 12. CONTRACT SIGNATURE ROUTING o SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: � ATTACH: SIGNANRE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBI7'S INITIAL / DATE SIGNED ❑ LAW DEPT � SIGNATORY (MAYOR OR DIRECTOR) a CITY CLERK ��'�� Ass�G1vEDAG# AG# — SIGNED COPY RETURNED DATE SENT: ❑ RETURN ONE ORIGINAL COMMENTS: � � EXECUTE " " ORIG INA LS �TW p D f i� i�` � �(,o Q{'�t� („ Faac: AMF. . TITLE: � Wasltington State � �` _ r ° � ' �pa�� �,�,�o��,on �, _ � � Loca� Agency Agreement Agency City of Federal Way Address 33325 8th Avenue South FederalW ay, WA 98003 CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Project No. � � Agreement No. "" 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) Office of Management and Budget Circulars A-102, A-87 and A-133, (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Lakota Middle School - Safe Routes to School Program Length 0.18 Termini Description of Work This project will install a new signal with an exclusive all stop pedestrian phase at the intersection providing access to the Middle School at 14th Ave SW and SW 312th Street with additional feature of 8' sidewalk, 6' planter, 5' bike lane, and street lights approximately 745' on the north side of SW 312th Street form Dash point Rd to 14th Ave SW. Estimate of Funding Type of Work (�> (2) �3) Estimated Total Estimated Agency Estimated Project Funds Funds Federal Funds PE a. A enc % b. Other Consultant 199 500.00 199 500.00 c. Other Consultant non- artici ation 1 668.00 1 668.00 Federal Aid d. State 500.00 500.00 Participation Ratio for PE e. Total PE Cost Estimate a+b+c+d 201668.00 1 668.00 200 000.00 Right of Way f. A en % .Other h. Other Federal Aid �. State Participation Ratio for Rw '. Total R/W Cost Estimate f+ +h+i Construction k. Contract I. Other m. Other n. Other % o. A en Federal Aid , State Participation Ratio for CN . Total CN Cost Estimate k+l+m+n+o+ r. Total Pro'ect Cost Estimate e+•+ 201668.00 1668.00 200 000.00 Agency O� ial Washington Sta Departme f sportation By � Title �k'�� Priest, Ma�nr Director of Highways and Local P rams Date Executed � �� p DOT Form 140-039 EF Revised 05/09 Construction Method of Financ�.. (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 qas tax the Apencv's share of total construction cost (line 4, column 2) in the amount of at $ per month for months. Local Force or Local Ad and Award � Method C- Aaencv cost incurred with oartial 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 June 21 2011 , Resolution/Ordinance No. 11-608 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 "P�oject 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 perfortn 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 conceming 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 awazded 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 salazies and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurced 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 govemment accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the Washington State Departrnent of Transportation. The records shall be open to inspection by the State and Federal Govemment at all reasonable times and shall be retained and made available for such inspection for a period of not less than three yeazs 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 Govemment 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. In the event that right of way acquisition, or actual construction of the road, for which preliminary engineering is undertsken is not started by the closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section I3�. The Agency agrees that a11 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 sid 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, and Office of Management and Budget circulars A-102, A-87 and A-133. 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 sid 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 incutted costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a curcent indirect cost plan has been prepared in accordance with the regulations outlined in the federal Office of Management & Budget (OMB) circular A-87, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Govemment for reimbursement of those costs eligible for federal participation to the e�Rent that such costs are attributable and properly allocable to this pmject. The State shall bill the Agency for that poRion of State costs which were not reimbursed by the Federal Govemment (see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the Uiree metF►ods as indicated in this agreement. DOT Form 140-038 EF 2 Revised 05/09 Method A— The Agency will place with the Stu. , within (20) days after the execution of the construction contract, an advance in the amount of the Agency's shaze of the total consWction 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 shaze 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 cleazed 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. Met6od 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 aze 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 shaze 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 incuned 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 subsequendy 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 consultanYs 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 Govemment. An sudit shall be conducted by the WSDOT Intemal Audit Office in accordance with generally accepted govemmental 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 Office of Management and Budget Circulaz A-133. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). VIII. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal Office of Management and Budget (OMB) Circulaz A-133 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $500,000 or more in federal awazds from all sources during a given fiscal yeaz shall have a single or program-specific audit performed for that yeaz in accordance with the provisions of OMB Circular A-133. Upon conclusion of the A-133 audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g., State force work, pmject 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 the Director of Highways and Local Programs. X. Traffic Control, ��gning, 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 mazkings 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 Govemment 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 pmvisions 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 Govemment in the pmject, 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 Govemment 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 adminisVation of its DBE progazn 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 awazd 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 kerms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved pmgram, the Department may impose sanctions as provided for under Part 26 and may, in appmpriate 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.). 1'he 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 Govemment or borrowed on the credit of the Federal Govemment pwsuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, inswance, 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 Govemment, the above equal opportunity clause is not applicable to any agency, instcumentality, or subdivision of such govemment which does not participate in work on or under the contract. The Agency also agrees: (i) 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, govemment contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of ffie 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. DOT Form 140-039 EF Revised OS/09 In addition, the Agency agrees that if it fails or reiuses 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 Depaztment of Justice for appropriate legal proceedings. XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this pazagraph. 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 wmpetent 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 determines that such termination is in the best interests of the State. XV. Venue for Clain�s and/or Causes of Action For the convenience of the parties to this wntract, 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 CouR 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, continuarion, renewal, amendment, or modification of any federal contract, gant, 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 Standazd 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. Additional Provisions DOT Form 140-039 EF Revised 05l09