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AG 13-054RETURN TO: ��� EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS 2. ORIGINATING STAFF PERSON: JOHN MULKEY EXT: 2722 3. DATE REQ. BY:ASAP 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 • GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE ❑ RESOLUTION • CONTRACT AMENDMENT (AG #):13 -054 ❑ INTERLOCAL ❑ OTHER SUPPLEMENT No. 2 S. PROJECT NAME: S 320TH PRESERVATION PROJECT (11TH PL S TO I -5 LIMITED ACCESS) 6. NAME OF CONTRACTOR: WSDOT ADDRESS: ED CONYERS H &LP WSDOT NW REGION P.O.LBox 330310. SEATTLE WA 98155 TELEPHONE:206 -440 -3585 E -MAIL: CONYERE(a) W SDOT. WA.GOV FAX: SIGNATURE NAME: KATHLEEN DAVIS TITLE: DIRECTOR 7. EXHIBITS AND ATTACHMENTS: Cl 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. UBI # , EXP. 8. TERM: COMMENCEMENT DATE: MARCH 4, 2013 COMPLETION DATE: UPON COMPLETION 9. TOTAL COMPENSATION: $ Ij ( G'0 000 TO CITY (UNCHANGED (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 ❑ PURCHASING: PLEASE CHARGE TO: 306 -4400- 187 - 595 -30 -* 10. DOCUMENT/ CONTRACT REVIEW R-PROJECT MANAGER DIVISION MANAGER > DEPUTY DIRECTOR ,o DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE p LAW DEPT INITIAL / DATE REVIEWED °7 4g ' "A' / .a 11. \ ) 7- COMMITTEE APPROVAL DATE: % � j j-, 12. CONTRACT,I6NATUR R6UTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 7 30 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT G SIGNATORY (CM OR IRECTO ❑ CITY CLERK WASSIGNED AG # q/SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL INITIAL/ DATE SIGNED AG# 1-3 -054 DATE SENT: COMMENTS: EXECUTE 2 ORIGINALS - PLEASE RETURN TO JOHN FOR COVER LETTER INITIAL/ DATE APPROVED COUNCIL APPROVAL DATE: DATE REC' D: 3' la ---3 ,I f—1 i—l. - •4111c,. - \w 4211n,kQ i-- tam ha L✓ 5 i � t !lor�lf�Yl�✓1 11/9 4(��� Aft � Washington State VI/ Department of Transportation `` 'k&al Agency Agreement Supplement Agency Supplement Number City of Federal Way_ 2 Federal Aid Project Number _ Agreement Number CFDA No. 20.205 STPUL -1020 012 LA -7910 (Catalog of Federal Domestic Assistance The Local Agency requests to supplement the agreement entered into and executed on 3/4/2013 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 5320th Street (11th PIS to I -5 Limited Access) Preservation Project Termini l lth Pl. South to I -5 Limited Access Description of Work ® No Change Reason for Supplement WSDOT HMA Material testing for test result challenge Does this chanqe require additional Riqht of Wav or Easements? ❑ Yes ® No Length 0.90 Type of Work Estimate of Funding _ (1) Previous Agreement/ u I. (2) Supplement (3) Estimated Total Project Funds (4) Estimated Agency Funds (5) Estimated Federal Funds PE a. Agency 96,363.00 0.00 96,363.00 13,009.00 83,354.00 8 6. 5 % b. Other 7,945.00 7,945.001 1,073.00 6,872.00 c. Other 27,404.00 27,404.00 27,404.00 Federal Aid d.-State 1,588.00 1,588.00 214.00 Participation Ratio for PE e. Total PE Cost Estimate ) ( a +b +c +d 133 300.00 _ 133,300.00 41,700.00 _ _1,374.00 91,600.00 Right of Way f. Agency % g_ Other Federal Aid h. Other Participation -. - - -.-.- -- - Ratio for RW i. State - -- - - -- — II t— - -- - - - - - -- - - -- - - - - - -- j. Total R/W Cost Estimate (f +g +h +i) -- - -- -- - -- - - -- Construction k. Contract _ 1. Other Co ntr non- p artici patin g _ 1 ,059,82_7.00 -- - 1,059,827.00 - -- 273,5 1-. 4_ 3,077.00 273, 573.00 916,750.00 _ -- 273,573.00 — � Other Testing 35,000.00-3,000.00 32,000.00 4,320.00 27,680.00 % - - -- - - - - - - - - } _ -86.5, - n. Other Acgy non- artici atm Federal Aid - -- -- - Participation o.A�ency _ 27,346.00 _ -_ 27,346.00 67,486.00 ___ 27,346.00 9,111.00 58,375.00 r 67,486.00 p. State Ratio for CN - - - q. Total CN Cost Estimate k+l+m +n+o+ 3,468.00 -- - - -- -- 1,466,700.001 3,000.00 - - - --- .-001 _ .00 6,468.00 _ 873.00 5,595.00 - -- _ 1 466 700.00 - -- - - - 458 300.00 - - 1,008,400.00 r. Total Project Cost Estimate e+ i 1 0 0 1 600 0 0 1,100.000.00 The Loca to Davme gfipula%s that pursuant to said Title 23, regulations and policies and procedures, and as a condition funds obligated, it accepts and will comply with the applicable provisions. Washington State ep , ment of Tran ortation - -- -- By - - - -- -- -- Director of Highways and Lo I Programs -- Date Executed -- - AUG_ 1 2__2014-- Public Works Director DOT Form 140 -041 EF Revised 03/2011 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: 2. ORIGINATING STAFF PERSON: / �tfia� ' ` EXT: 7 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 • GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION RI CONTRACT AMENDVENT (AG #):I -057q ❑ INTERLOCAL M OTHER "64 d /4ec -gGiw /9-�„r �lt/�G� --f �w o, %�� ��-f /I/ +�. t 5. PROJECT NAME: 7 7i LL24- 5 f 611 t- r � S l]9 � � �l 41 '.a � CJ �l�S� L� � �' OrV 4" 6. NAME OF CONTRACTOR: bf/ S Y j'� 10 E -MAIL: 0000# f9J t 4;' SIGNATURE NAME: V- FAX: TITLE: DllllecllDl 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. 8. TERM: COMMENCEMENT DATE: 3 �L //�3 COMPLETION DATE: 9. TOTAL COMPENSATION: $ �/ �' i D dt'O /ti Cj �, (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, $ ❑ PURCHASING: PLEASE CHARGE TO: �D- 10. DOCUMENT/ CONTRACT REVIEW PROJECT MANAGER ❑ DIVISION MANAGER gr DEPUTY DIRECTOR DIRECTOR • RISK MANAGEMENT (IF APPLICABLE) • LAW DEPT 11. COUNCILAPPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: , 12. CONTRACT SIGNATURE ROUTING )DTI. 4 • SENT TO VENDOR/CONTRACTOR DATE SENT: I / • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT < SIGNATORY (MA*O* DIRECTOR) ❑ CITY CLERK ASSIGNED AG # SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: /S INITIAL/ DATE SIGNED AG# " DATE SENT: PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: el � DATE REC' D: ' A 3 /I Ly 11/9 Vlashbig VIA af Theisportation Local Agency Agreement Supplement Agency Supplement Number Ciyt of Federal Way 1 Federal Aid Project Number Agreement Number CFDA No. 20.205 STPUL -1020 012 LA -7910 (Cataloq of Federal Domestic Assistance The Local Agency requests to supplement the agreement entered into and executed on 3/4/2013 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 S320th Street (11th PI S to 1 -5 Limited Access) Preservation Termini 1 lth PL South to 1 -5 Limited Access Description of Work ® No Change Reason for Supplement Obligation of Funds for construction Anticipated Ad date January 2014 Does this change require additional Right of Way or Easements? ❑ Yes ® No Length 0.90 T f Wk Type o or Estimate of Funding (1) Previous A reementlSu I. (2) Supplement (3) Estimated Total Project Funds (4) Estimated Agency Funds (5) Estimated Federal Funds PE a.Agency 96 363.00 96 363.00 13,009.00 83,354.00 86.5 % b. Other Consultant 7,945.00 7,945.00 1,073.00 6,872.00 c. Other Non - Particpating 27,404.00 27 404.00 27 404.00 Federal Aid d. State Participation 1,588.00 1,588.00 214.00 1,374.00 Ratio for PE e. Total PE Cost Estimate (a +b +c +d) 133 300.00 133,300.00 41,700.00 91,600.00 Right of Way f. Agency .Other Federal Aid h. Other Participation Ratio for RW i. State J. Total R/W Cost Estimate (f +g +h +i) Construction k. Contract 11059 827.00 1,059 827.00 143 077.00 916 750.00 I. Other Contr non - participating 273,573.00 273 573.00 273 573.00 m. Other 35,000.00 35,000.00 41725.00 30 275.00 86.5 % Federal Aid n. Other Agcy non-participating 27 346.00 27 346.00 27 346.00 Participation o.Agency 67 486.00 67,486.00 9,111.00 58 375.00 Ratio for CN . State 3,468.00 31468.00 468.00 3 000.00 q. Total CN Cost Estimate W+ +n+o 1466 700.00 1466 700.00 458 300.00 1008 400.00 r. Total Project Cost Estimate e ' 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 applicabl . rovisions. Agency Offi Washi gton S to e�artment of Y ransportation B By + Title C-g Rne, P E /Director of Puhlic Director of Highways an Local Programs and Emergency Managment Date Executed uc 12 2013 DOT Form 140 -041 EF Revised 0312011 ��ru�v To: �-Yy�,,.,� � EXT: `�� � 2� CITY �F FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPTJD[V: /1 � �'nI 1J � ORIGINATING STAFF PERSON: � F9�✓� V' I,cr ; ExT: ��� 3. DATE REQ. BY: � P TYPE OF DOCUMEPiT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ ❑ PROFESSIONAL SERVICE AGREEMENT ❑ ❑ GOODS AND SERVICE AGREEMENT ❑ ❑ REAL ESTATE DOCUMENT ❑ � ORDINANCE ❑ ❑ CONTR � OTHER PROJECT SMALL OR LIMITED PUBL[C WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) RESOLUTION FAx: TITLE' ) �c �v /' EXH[BITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTiFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGI�I ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL EXP. 12/31/ UBI # , EXP. / /_ TERM: COMMENCEMENTDATE:��i" �x�G1"�o^ COMPLETIONDATE:_T/lB"' ���I�-Nvi, TOTAL COMPENSATION: $ !� lO O� DaQ ��C' (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 ❑ PURCHASING: PLEASE CHARGE TO: lO. DOCUMENT / CONTRACT REYIEW ffi' PROJEC'i MANAGER ❑ DIVISION MANAGER � DEPUTY DIRECTOR � DIRECTOR � RISK MANAGEMENT (IF APPLICABLE� �LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REV E J �WL tiZ. l I � \ '�'L� Z •I �IZ COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING �I _•�SENTTO VENDOR/CONTRACTOR DATE SENT: I� o�l �� ❑ ATTACH: SIGNATURE AUTHORITY, INStIRANCE CERTIFICATE, LICENSES, XHIBITS ❑ Law DE�r '� SIGNATOR (MAY OR DIRECTOR) `J4 CITY CLERK �7 ASSIGNED AG # � SIGNED COPY RETtIR1VED ❑ RETURN ONE ORIGINAL ° Z�` ORIGINALS Ofi �fi�^�, INITIAL / DATE SIGNED � 3' ��..3 a�# i.'�-��. DATE S ENT: �• I�• I� INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: 'DaTE REC'D: � �S �� �► �I/ �Depart�ment�7Yansportffibn �� ( '' _ , i i Agency City of Federal Way Address 33325 8th Avenue South Federal Way, WA 98003 Local Agency Agreement CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Project No. s vL— � 0 / Z Agreement No. �` . For OSC WSDOT Use 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 procced 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 S320th Street (l lth Pl S to I-5 Limited Access) Preservation Project �ength 0.90 Termini l lth Pl. South to I-5 Limited Access Description of Work The preservation project on S 320th Street (l lth Pl S to I-5 Limited Access) will include upgrading facilities to meet ADA standards, pavement repair, HMA overlay and pavement markings. Estimate of Funding Type of Work (�) (2) (3� Estimated Total Estimated Agency Estimated Project Funds Funds Federal Funds PE a. A enc 96 363.00 13 009.00 83 354.W 86.5 % b. Other Consultant 7 945.00 1 073.00 6 872.00 c. Other A enc non Partici atin 27 404.00 27 404.00 Federal Aid d. State 1,588.00 214.00 1,374.00 Participation Ratio for PE e. Total PE Cost Estimate a+b+c+d 133 300.00 41700.00 91600.00 Right of Way f. A enc % .Other h. Other Federal Aid i. State Participation Ratio for RW '. Total R/W Cost Estimate f+ +h+i Construction k. Contract I. Other m. Other n. Other % o. A enc Federal Aid , State Participation Ratio for CN . Total CN Cost Estimate k+l+m+n+o+ r. Total Pro'ect Cost Estimate e+•+ 133 00.00 41 700.00 91 600.00 Agency Official By Tltle �k'� PLec ,t, Maynr DOT Form 140-039 EF Revised 05/09 Washington Sta e rtment o ransportation � By Director of Highways and Local Programs Date Executed � 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 cost (line 4, column 2) in the amount of $ Local Force or Local Ad and Award at $ � Method C- Aaencv cost incurred with oartial reimbursement Provisions I. Scope of Work per month for months. 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 March 20 2012 , Resolution/Ordinance No. 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 appmved 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 pmcedures of the State and Federal Highway Administration. 11. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this pmject. 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 fiuther act for the Agency in all matters conceming the project as requested by the Agency. If the Local Agency advertises and awards the proj�t, the State shall review the work to ensure confornvty with the approved plans and specifications. III. Project Administration Certain types of work and services shall be pmvided 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 pmgress. On Local Agency advertised and awarded pmjects, the supetvision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid tequ'vements. The salary of such engineer or other supervisor and all other salaties 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 pmject. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency aze to be maintained in accordance with local govecnment 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 fumished to the State and/or Federal Govemment upon request. V. Compliance with Provisions The Agency shall not incw 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: DOT Form 140-039 EF Revised 05/09 I . Preliminary engineering. 2. Right of way acquisition. 3. Pmject construction. In the event that right of way acquisition, or actual construction of the road, for which preliminary engineering is undertak� is not staRed 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 federdl funds paid to the Agency under the terms of this agreement (see Section IX). 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 conshuction 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 pmject, 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 Fedetal Transportation Act, as amended, and Office of Management and Budg� circulars A-102, A-87 and A-133. The State shall not be ulrimately 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 incutred in confornuty 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 bcen prepared in accordance with the regulations ouUined 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 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 Pmject 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 a8er 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 confumed by letter from the State at the time of contract award. Upon receipt of pmgress billings from the contractor, the State will submit such billings to the Federal Govemment 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 amibutable 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 ind'v�t 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 pmject. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which aze subsequently determined to be ineligible for federal participation (see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant aze 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 Government. An audit shall be conducted by the WSDOT Intemal 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 Adminishation; memoranda of understanding between WSDOT and FHWA; and Office of Management and Budget Circular 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 year shall have a single or program-specific audit performed for that year in accordance with the pmvisions 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, 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 reimbtusement of the total sum due firom the regular monthly fuel tax allotments to the Agency &om 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. DOT Form 140-039 EF Revised 05/09 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 pmcess and defend at its own expense all claims, demands, or suits, whether at law or equity bmught against the Agency, State, or Federal Government, arising from the Agency's execution, performance, or failuie 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 Govemment in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Govemment for damages arising out of bodily injury to persons or damage to pmperty caused by or resulting from the sole negligence of the Federal Govemment 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 administradon 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 appmved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to cazry 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 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.). 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 wikh funds obtained from the Federal Gove�nment or borrowed on the credit of the Federal Govemment pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, conUact, loan, insurance, or guarantee, the required contract pmvisions 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 aqual 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, instrumentality, or subdivision of such govemment 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 requ'ue 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 modificadon subject to Executive Order 11246 of September 24, 1965, with a contractor debaned from, or who has not demonstrated eligibility for, government contracts and federally assisted conshuction conhacts pursuant to the Executive Order. (4) To cury out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractas by the State, Federal Highway Administration, or the S�retary of Labor putsuant to Part [I, 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 Deparhnent 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 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 d'uect 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 determines that such termination is in the best interests of the State. DOT Form 140-039 EF Revised 05/09 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 wncerned, 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 appmpriated 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 Congess, an o�cer or employee of Congess, or an employee of a member of Congess in connection with the awazding of any federal contract, the making of any federal grant, tt►e making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federai contract, grant, loan, or cooperative agreem�t. (2) ff any funds other than federal appmpriated funds have b�n 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 employ� of Congress, or an employee of a member of Congess in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Forni - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certificarion be included in the awazd 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 S 320th Street (11th Place S to I-5 Limited Access) Preservation Project Cost Estimate for Design - Total $133,300.00 Reimbursable Reproduction Utility Locates Total Total Agency Costs Consultant Costs NEPA ECS State Costs Design and Materails Review $1,266.70 $450.00 $1,716.70 �121,300.00 $10,000.00 $2,000.00 Total Cost $133,300.00 Clt�/ Of S 320TH STREET (11TH PL S TO 1-5 LIMITED ACCESS) PRESERVATION PROJECT Federal Way > � € � � � � s� l � �� C > Q Des Moines 'S1� . � 0t `� ' � Map Date: 12/13/12 City of Federal Way 33325 Sth Ave S Federal Way, Wa. 98003 (P) 253-835-7000 (W) www.cityoffederalway.com ! �r ' �� �� j ��� ', a � �, � . . '�'�.,, S 288 i� j t •��', �� 1 �t: t�� �. . .. .. � � � �?�� . ��1c�4R°� ° ` �$��li$.I O�� ; �;` � ; . x yy� � "�,. :' ' sw 3� nn st � , � - __ - �.�.�.�n st . � _ �m �r : ;� ,�: . .._ _ ��IK ��h 5t ��W 320th St = ,' c�MK cf? �- � � �' tio �n Q � �: � � "p � Q. 'sN N '=� Tacoma `` � Q L Qi � O O �O f� dc o,n a,Q a $H/ C8/�a G '�`�r S 348th �t Vi > Q � � W a 3 �c` �o �O CITY OF � Federal Way SW 356th St Ma��'� `�l� �YO r VICINITY MAP 0 0.4 0.8 , Miles � s� ��O �� Q N Q � o� Milton 324th St �� 1l� a!f ,fd r� ,''i ',� ��th St � - � �� ,� �q: " Q � !� T �` t�s `, �� .. � rj � i� _ r� ? �� 3.. - -. , Federal � �Vay � � � ��; 3' ,�` � a' 4j ���7� e°°v � d �O� Qa .�'�� �. This map is intended for use as a graphical representation. The City of Federal Way makes no warranty as to its accuracy. :� N CROSS SECTION TYPE B 4 LANES + HOV + MEDIAN S. 320TH ST. IN CITY CENTER g'** 12'(14'*) 11' t t' 1 1' 4' 12' 1 1' 12'(14 5idewolk HOV Left Turn HOV �-12'--�--14�—{--12'—I Median (where lT not needed) 8a' (88'*) 100' (104'') MINIMUM PAVEMENT SECTION PRINCIPAL 0.30' HMA CL. YZ", PG 64-22 0.85' HMA CL. 1", PG 64-22 0,50' CSTC $'ss Stas.ra�k 8eautificationl Easement varies NOTES: * ON STATE HIGHWAYS WSDOT REQUIRES OUTSIDE HOV LANES TO BE 14 FEET. ** SIDEWALK DIMENSION IS MEASURED FROM THE BACK OF WAL.K TO THE FACE OF CURB. t. USE DECORATIVE PE�ESTRIAN LIGHTS IN CITY CENTER. SEE STANDARO OETAILS 3-42 & 3-43. 2. USE STANDARD DETAILS 3-30, 3-31, & 3-32 FOR STREET TREE & STREET �IGHTS. REV:FEBRUARY DWG. NO. �<��,�° o� p�j�j wo K�s ARTERIAL 3_2g � , Washington State - � Department of Transportation Federal Aid Local Agency Prefix 306-4400-187 r WSDOT 1 �Use Onlyf Local Agency Federal Aid Project Prospectus Date 12/13/2012 Central Contractor Registration Exp.Date 4/02/2013 Federal Employer Tax ID Number 91-1462550 Agency Federal Program Title City of Federal Way � 20.205 ❑ Other Project Title � Start Latitude 47 18 54.58 N Start Longitude 122 19 06.82W S 320th Street (l lth Pl S to I-5 Limited Access) Preservation Pro'ect End Latitude 47 18 54.58 N End Longitude 122 17 59.63W Project Termini From — To Nearest City Name Project Zip Code l lth Pl S I-5 Limited Access Federal Wa 98003-6977 From: To: Length of Project Award Type 0.90 � Local ❑ Local Forces ❑ State ❑ Railroad Federal Agency City Number County Number County Name WSDOT Region � FHWA ❑ Others � 00443 17 kin Northwest Re ion Congressional District Legislative Districts Urban Area Number TMA / MPO / RTPO 9 30 1 PSRC Total Local Agency Phase Start Phase Estimated Cost Funding Federal Funds p�e Nearest Hundred Dollar Nearest Hundred Dollar Nearest Hundred Dollar Month Year P•E• $133 300 $41 700 $91 600 1/2013 � $0 $0 $0 0 Const. $1 466 700 $458 300 $1 008 400 5/2014 Total $1 600 000 $500 000 $1 100 000 DeSCrtptton of EXiSting FaCllity (Existing Design and Present Condition) Roadway Width Number of Lanes 84 7 S 320th Street is the primary east-west arterial within Federal Way Regional Growth Center. The traffic count for S 320th Street is 45,000 ADT. Description of Proposed Work Description of Proposed Work (Attach additional sheet(s) if necessary) The preservation project on S 320th Street (l lth Pl S to I-5 Limited Access) will include upgrading facilities to meet ADA standards, pavement repair, HMA overlay and pavement markings. Local Agency Contact Person _Marwan Salloum ___ _ Mailing Address 33325 8th Ave S. Project Prospectus Approval Title r Public Works City Federal Wav Phone State I Zip Code WA i 98003 By �T�.,.�, -�3..V�1v�►�_-------- Approving Authority Title Deputy Public Works Director Date DOT Form 140-101 EF Page 1 of 3 ♦ Previous Editions Obsolete ♦ Revised 11/10 Agency City of Federal Way Project Title ; Date S 320th Street (l lth Pl S to I-5 Limited Access) ; 12/13/2012 Type of Proposed Work Project Type (Check all that Apply) ❑ New Construction ❑ Path / Trail ❑ Reconstruction ❑ Pedestrian / Facilities ❑ Railroad ❑ Parking ❑ Bridge Roadway Width ❑ 3-R � 84 � 2-R -- ❑ Other � Number of Lanes 7 Performance of Work Preliminary Engineering Will Be PerFormed By Others I Agency Consultant/Local Agency staff _ 10 % 90 % Construction Will Be Performed By �' Contract Agency Contractor 9g % 2 % Environrnental Classification ❑ Final � Preliminary ❑ Class I- Environmental Impact Statement (EIS) ❑ Project Involves NEPA/SEPA Section 404 Interagency Agreement ❑ Class III - Environmental Assessment (EA) ❑ Project Involves NEPAlSEPA Section 404 Interagency Agreement Environmental Considerations � Class II - Categorically Excluded (CE) ❑ Projects Requiring Documentation (Documented CE) DOT Form 140-101 EF Page 2 of 3 Revised 11/10 Agency City of Federal Way Project Title ', Date S 320th Street (l lth Pl S to I-5 Limited Access) I 12/13/2012 Right of Way � No Right of Way Required �❑ Right of Way Required * All construction required by the � ❑ No Relocation �❑ Relocation Required contract can be accomplished within the existing right of way. Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project No relocation of utilities or major structures will be needed. 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 � 2- � 2 �� 1 Z Agency By of Federal W Mayor/Chairperson DOT Form 140-101 EF Page 3 of 3 ♦ Previous Editions Obsolete ♦ Revised 11/10