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AG 13-117RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS / 5l r(f 2. ORIGINATING STAFF PERSON: M !'IS�IY� M EXT: ?C L�� 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 Cl SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE -� ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG #): Cl INTERLOCAL X OTHER S LJL MlP-me Y t 5. PROJECT N 6. NAME OF CONTRACTOR: WSAOT ADDRESS: E '3W9101 TELEPHONE: 20(p ' 44C)-14134 E -MAIL: OY Seaft WA 88133 FAX: SIGNATURE NAME: Ka -W1I8en 170. 1_ TITLE: 'V it UAD►r 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: COMPLETION DATE: 9. TOTAL COMPENSATION: $ -Hnei4 US. (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR C RGE - 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: 10. DOCUMENT/ CONTRACT REVIEW x, PROJECT MANAGER ❑ DIVISION MANAGER X DEPUTY DIRECTOR X DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) �.r COMMITTEE APPROVAL DATE: K /A 12. CONTRACT SIGNATURE ROUTING Cl SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • LAW DEPT • SIGNATORY (MAYOR OR DIRECTOR) • CITY CLERK • ASS[GNED AG # • SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: EXECUTE INITIAL/ DATE S[GNED ^ 7 L AG# ip- DATE SENT: ' 1 INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: 11 Adlbk 7 Washington State -Deparbnelnt of Transportation ,1 Local Agency Agreement Supplement Agency Supplement Number City of Federal Way 1 Federal Aid Project Number Agreement Number CFDA No. 20.205 SRTS -0443 006 LA 8033 (Catalog of Federal Domestic Assistance The Local Agency requests to supplement the agreement entered into and executed on May 7, 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 Federal Way High & Sacajawea Middle School Pedestrian Connection Length 0.12 Miles Termini 5312th Street to S 308th Street Description of Work ® No Change Reason for Supplement Request Construction Funding. This project is scheduled for bid advertisement on March 21, 2014. Does this change require additional Right of Way or Easements? ❑ Yes ® No Type of Work yp Estimate of Funding (') Previous Agreement/Suppl. (2) Supplement (3) Estimated Total Project Funds (4) Estimated Agency Funds (5) Estimated Federal Funds PE a. A ency 9,000.00 - 8,100.00 900.00 900.00 100 % b. Other Consultant 90,000.00 3,100.00 93,100.00 93,100.00 c. Other Federal Aid d. State 1,000.00 1,000.00 1,000.00 Participation Ratio for PE e. Total PE Cost Estimate (a +b +c +d) 100 000.00 -5,000.00 95,000.00 95,000.00 Right of Way f. Agency .Other Federal Aid h. Other Participation Ratio for RW i. State j. Total RNV Cost Estimate (f +g +h +i) Construction k. Contract 656,000.00 656,000.00 656,000.00 I. Other Agency Non - participating 26,000.00 26,000.00 26,000.00 m. Other 100 % n. Other Federal Aid Participation o.Agency 23,000.00 23,000.00 23,000.00 Ratio for Chl . State 1,000.00 1,000.00 1,000.00 g. Total CN Cost Estimate k+l+m+n+o 706 000.00 706 000.00 26 000.00 680 000.00 r. Total Project Cost Estimate (e-dtq) 1 100,000,001 701,000.001 801-000,001 26,000,001 775,000.00 The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions. Agency Off' Washing on State a artment of TrLsportation B ` B Y Y Title Cary Roe Director of Highways and Local Programs FEB 0 4 2014 Public Works Director Date Executed DOT Form 140 -041 EF Revised 03/2011 Allablik Washington State Department of Transportation Lynn Peterson Secretary of Transportation February 19, 2014 Mr. Marwan Salloum, PE Deputy Public Works Director City of Federal Way 33325 8d' Avenue South Federal Way, Washington 98003 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 City of Federal Way Federal Way Pedestrian Connection SRTS- 0443(006) FUND AUTHORIZATION FEb Y 4 4J,4 PARKS &PUtwL;wuRK, We have received FHWA fund authorization, effective February 7, 2014, for this project as follows: PHASE TOTAL FEDERALSHARE Construction $706,000 $680,000 As a condition of authorization you must show continuous project progress through monthly billings, until your project is complete. Failure to show continuous progress may result in your project becoming inactive per 23 CFR 630.106(a) (5) and subject to de- obligation of all federal funds and agreement closure. Enclosed for your information and file is a fully executed copy of Supplement Number 1 to Local Agency Agreement LA -8033 between the state and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. In addition, this supplement modifies your PE funds to a total of $95,000 ($95,000 federal share). Your project has been assigned construction contract number TA -5075. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Since ly, Stepha ie Tax Manager, Program Management Highways & Local Programs ST Jg:ac Enclosure cc: Ed Conyers, Northwest Region Local Programs Engineer, MS NB82 -121 RETURN TO. EXT: a -� oa CITY i�F FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC W'ORKS /.,Tr'IL� ORIGINATIIYG STAFF PERS0IY: � O� Ir1 /��� lc'C�( EXT:.G7 �. �. 3. DATE REQ. BY:_ J TYPE OF DOCUMENT (CHECK ONE): O CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED FUBLIC WORKS CONTRACT ❑ PROFESS[ONAL SERVICE AGREEMENT o MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE � RESOi,UTION ❑ (:ONTR � OTHER 5. 6. 7, (AG#): J EXHI�[TS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERT[FICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , E�. / � /�,,,� } TERM: COMMF.NCEMENT DATE: ' COMPLETZON DATE; LTV � J TOTAL COMPENSATION: $��v I �' �� Q�,�� �1 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ACH S EDULES OF EMPLOYEES TITLES AND HOL[DAY RATES) REIMBURSABLE EXPENSE: ❑ YES � NO IF YES, MAXIMUM DOLLAR AMOUNT: � IS SALES TAX OWED: ❑ YES O NU [F YES, $ PAID BY: ❑ CONTRACTOR ❑ CIT` ❑ PURCHASING: PLEASE CHARGE TO: �Ct- �'D�� " �I� -: ���.�iL'1 '��� 10. DOCUMENT / CONTRACT REVIEV�I �( PROJECT MANAGER ER �DEPUTY DIRECTOR �DIRECTOR p APPLICABLE) p-�'B£F� 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED � COMNIITTEE APPROVAL DATE: INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: 12. COPITRACT SIGIYATURE ROUTIPiG e►� �SENT TO VENDOR/CONTRACTOR DATE SENT: �U "� DATE REC'D: !�t � ❑ AiTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 1►'�IQ/ j�(4 aI�/e'�0l�3 _,��r ""vr��.i�-r IGNATORY (MAYOR OR DIRECTOR) CITY CLERK . ���� � 3 ASSIGNED AG � � � S[GNED COPY RETURNED L OMMENTS: _ -- -- « +� n INITIAL / DATE SIGNED 3/��� ��_ A�# �3-1 l DATE SENT: ��•2l � 1��_ � �Washington State Department of Transportation Lynn Peterson Secretary of Transportation May 16, 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 �E����+�D �A1' 2 1 2013 PARKS & Pt�t�ti� VVORKS nFpQAT1111G�IT City of Federal Way Federal Way Pedestrian Connection SRTS-0443(006) FUND AUTHORIZATION We have received FHWA fund authorization, effective May 9, 2013, for this project as follows: PHASE TOTAL FEDERALSHARE Preliminary Engineering $100,000 $100,000 Enclosed for your information and file is a fully executed copy of Local Agency Agreement LA-8033 between the state and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. FHWA requires projects utilizing federal funds for preliminary engineering or right of way to advance to construction. If this project is unable to proceed to construction, any expended federal funds must be repaid. WSDOT authorization to proceed with right of way and/or construction is contingent upon receipt and approval of your environmental documents. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincerely, � � ��; Stephanie Ta�c Manager, Program Management Highways & Local Programs ST:jg:ac Enclosure cc: Ed Conyers, Northwest Region Local Programs Engineer, MS NB82-121 r, , �. � Washington State �I/ Departmerrt of TNansportation ... ���, { Agency City of Federal Way ����`'� � Address 33325 Ei�hth Avenue South Federal Way, WA 98003 Local Agency Agreement CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Project No. Agreement No. 3 For OSC WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S, Code Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR 225, (4) Office of Management and Budget Circulars A-102, and A-133, (5) the policies and procedures promulgated by the Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. - Project Description Name Federal Way High and Sacajawea Middle School Pedestrian Connection Length 0.120 Miles Termini S 312th Street to S 308th Street Description of Work The project includes sidewalk, curb, gutter, curb ramps, planter strips, sharrow markings, street lights, roundabout, and flashing beacons. Estimate of Funding Type of Work (�> (2) �3> Estimated Total Estimated Agency Estimated Project Funds Funds Federal Funds PE a. A enc 9 000.00 9 000.00 100 % b. Other Consultant 90 000.00 90 000.00 c. Other Federal Aid d. State 1,000.00 1,000.00 Participation — Ratio for PE e. Total PE Cost Estimate a+b+c+d l00 000.00 100 000.00 Right of Way f. A enc % .Other h. Other Federat Aid Participation i. State Ratio for RW '. Total R/W Cost Estimate f+ +h+i Construction k. Contract I. Other King County m. Other n. Other % o. A enc Federal Aid . State Participation Ratio for CN . Total CN Cost Estimate k+�+m+n+o+ r. Total Pro'ect Cost Estimate e+'+ 100 000.00 100 000.00 Agency Official By Title �kitil Pl1P.C},�nr DOT Form 140-039 EF Revised 09/2011 Washington Stat De rtment of Tr nsportation By Director of Highways and Local Programs Date Executed MAY 0 7 2013 Construction Method of Financing (Check Method Se/ected) State Ad and Award ❑ Methotl A- Advance Payment - Agency Share of total construction cost (based on contract award) ❑ Method B- Withhold from qas tax the Aqency'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 witl comply with the applicable provisions set forth below. Adopted by official action on January I S 2013 , Resolution/Ordinance No. 13-629 Provisions I. Scope of Work The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the "Project Description" and "Type of Work." When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in "Type of Work" on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. 11. Delegation of Authority The State is willing to fulfll the responsibilities to the Federal Government by the administration ofthis project. The Agency agrees that the State shall have the fuil authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. [f the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project, the State shal] review the work to ensure conformity with the approved plans and specifications. Ilt. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are: 1. Preliminary engineering. 2. Right of way acquisition. 3. Project construction. In the event that right of way acquisition, or actual construction of the road, for which preliminary engineering is undertaken 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 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 construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR 225 and Office of Management and Budget circulars A-102 and A-t33. 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 m this project. DOT Form 140-039 EF 2 Revised 09/2011 The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR 225 - Cost Principles for State, Local, and Indian Tribal Government, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A— The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B— The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax aliotments. 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 bil(ings. 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 partieipation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision; and other overhead shall not be eligible for Federal participation uniess claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consuitant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's tiles and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Oftice in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and 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). VIIL Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal Office of Management and Budget (OMB) Circular A-133 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $500,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 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 biiled, the State shall effect reimbursement of the total sum due from the regular monthly fuel ta�c 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 Controi, 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 haamless 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, DOT Form 140-039 EF Revised 09/2011 performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily in�ury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract and/or agreement or in the administration of its DBE program or the requ�rements of 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a v�olation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under I 8 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 defned in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal-Aid Contracts (FHWA 1273), located in Chapter 44 ofthe 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 paRicipating is a State or Local Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it witl otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract moditication subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibilit� for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part lI, subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. 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: ( I) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary determines that such termination is in the best interests of the State. XV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contraet or the project with which it is concerned, shall be brought only in the Superior Court for Thurston County. DOT Form 140-039 EF 4 Revised 09/2011 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 offcer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or empioyee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this cenification 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 09/2011 Federal Way High and Sacajawea Middle School Pedestrian Connection 14 Ave S(S 312 ST to S 308 ST) and S 308 ST (14 Ave S to Pacific Highway S) Project Map T-�rp� p:: � Vicinitv Map 4 � �> E� �. . ...... 't ':a • ��R A . �ti _. 'v „- Nr` �': fac�� r, - � � �►" � r= * —= � - _� K?ni � ��� � � ! ;3k;. .. ���. � ��s.. �i-k J i � d a � o � L3kcl3n-�; � (^io�:. A.�.I�,.,-, ri.�:ir�:c..�- �` r,:._ '�� Y�3I z t;' - Aut�ur�� � �..= -- ��.. �.a ; x' � . ��. - . . -. -. X a _ �„�,�,rt�.� �_ Project Limits ` � �.� � .�?5 .,a.a..�,u..�� �.v.. � , � 3�'-r� �' N -mu� _ :a�lta �g'��� f � .u.. � 1 w� �.. � : r - ��� �:. .t ; � � �� ;� 4 �,,° �� K � 2{# •}` v 6 ' �;.F � �.. d�_ J $ ��� � , _ �+r";'' - � t. � �., ° ' 3 �+z�.. � �16 ��� '.. ��� k ry -,-.�- ;�� . � � :i �..�T� ;-. p 'c'�` � .xy%�^.�_�.i�v � � � � � � _ � �� # � �� � i��t * � 3;^v r A9 � � ^ � -,�y� �,�` �� �'; ..+�;..- . �.. � ,�• 1 �. � �--- � � � �� �-::�---�-' � �� :,��,, �' ,�, � '� � y 4 . � .� r`°�� , �. . . _'� . �.� ,, r:. r a n.y �,-•�..�,, * _ °� ,� �_ ,��k �. �e,� , � ;� '4,, � ��� � ' `_., $ ��_ ����. .. t -.+selt. ��� �.-r . s. f �, � , y # F� � � � � �1 s ;1�, � .. _ °- a � - .� . _,��k�' �.....��� .tttpts � p,. e��u�a $ - o ;� s s �.+�_ = f < � � E. =�=s � , F � � - �, � , +�``�p . CROSS SECTION TYPE R 2 LAN ES + PARKING ��. c� .�ye o� Q' � ' *, �' . �' • • MINIMUM PAVEMENT SECTIONS MINOR COLLECTQR LOCAL 0.25' HMA CL Y2", PG 64-22 0.25' HMA CL YZ", PG 64-22 0.17' CSTC 0.17' CSTC 0.50' CSBC 0.42' CSBC NOTES: * PLANTER STRIP DIMENSION IS MEASURED FROM THE SIDEWALK TO THE FACE OF CURB. REV:PEBRUARY �`���^►� PUBLIC COLLECTOR/LOCAL �wG. No. �, � o� 0� woRKS 3-2R Federal Way High and Sacajawea Middie School Pedestrian Connection 14th Avenue S from S 312th Street to S 308th Street and S 308th from 14th Avenue S to Pacific Highway 5 (SR 99) Cost Estimate for Design Consultant Costs* Item Description Hours Avg. Rate of Pay Estimated Cost 1 Project Management 65 $45 $2,925 2 Quality Assurance/Quality Control 40 $55 $2,200 3 Aerial Mapping and RW Tie-in 70 $40 $2,800 4 Preliminary Layout and Estimate 200 $35 $7,000 5 Environmental 10 $40 $400 6 Community and Agency Coordination 20 $40 $800 7 Final Design 375 $35 $13,125 8 Plan Preperation 50 $30 $1,500 9 Assistance During Bidding 20 $35 $700 Totals $31,450 Overhead Cost 145% $45,603 Fixed Fee 30% $9,435 Reimbursables Reproduction $102 Aerials $500 Title Reports $1,500 Mileage $300 Subconsultant (Environmental) $1,110 Total $3,512 Total Consultant $90,000 Agency Costs item Description Hours Avg. Rate of Pay Estimated Cost 1 Project Management 60 $50 $3,000 2 Plan Review 80 $50 $4,000 3 King County Review 40 $50 $2,000 Totals $9,000 Total Agency $9,000 Item Description Hours Avg. Rate of Pay Estimated Cost 1 State 20 $50 $1,000 Totdls $1,000 Total State $1,000 Total Preliminary Engineering $100,000 � Washington State . � Department of Transportation Prefix Route Federal Aid Proiect Number Local Agency Proiect Number 306-4400-190 ( WSDOT l �Use Onlyf Local Agency Federal Aid Project Prospectus �ate 3/20/2013 Central Contractor Registration Exp.Date 4/2/2013 Federal Employer Tax ID Number 91-1462550 Agency Federal Program Title City of Federal Way � 20.205 ❑ Other Project Title Start Latitude N47-19-20.53 Start Longitude W 122-18-57.55 Federal Way High and Sacajawea Middle School Pedestrian Connection End Latitude N47-19-33.58 End Longitude W122-18-47.63 Project Termini From -- To Nearest City Name Project Zip Code S 312th Street S 308th Street Ci of Federal Wa 98003 From: To: Length of Project Award Type 0.120 Miles � Local ❑ Local Forces ❑ State ❑ Railroad Federal Agency City Number County Number County Name WSDOT Region � FHWA ❑ Others 0443 17 Ki�_ ____ Northwest Re ion Congressional District Legislative Districts Urban Area Number i TMA / MPO / RTPO 9 30 1 � PSRC Total Local Agency Phase Start Phase Estimated Cost Funding Federal Funds Date Nearest Hundred Dollar Nearest Hundred Dollar Nearest Hundred Dollar Month Year P.E. $100 000 $0 _$100 000 06/2013 RNV $0 $0 . - $0 N/A Const. $675 000 $0 _ $675 000 OS/2014 Total $775 000 $0 $775 000 Description of Roadway Width 14th Ave S- 40 ft; ; Faci -40ft Desi n and Present Condition Number of Lanes 2 14th Avenue S and S 303th Street are two lane "minor collectors" with a posted speed limit of 25 MPH. S 308th Street carries an ADT of 1531 vehicles per day at an operating speed of 30.0 MPH and 14th Avenue S carries an ADT of 1344 vehicles per day at an operatin� speed of 29.5 MPH. . The roadway is comprised of asphalt pavement with intermittent curb, gutter and sidewalk. Sidewalk is present along portions of each street; however in locations sidewalk is not present or encroached upon with placement of utility poles obstructing minimum ADA required cleazances. Wide shoulders with on-street parking aze present at various locations on both 14th Avenue S and S 308th Street and these shoulders often serve as walkways given the gaps in the sidewalk. Street lighting is present along 14th Avenue S with street lighting provided on the east side of the roadway via luminaires mounted on PSE power poles and City-owned street lighting poles. Street I ighting is not present on S 308th Street except directly at the signalized intersection of Pacific Highway S& S 308th Street. Description of Proposed Work Description of Proposed Work (Attach additional sheet(s) if necessary) The project includes sidewallc, curb, gutter, curb ramps, planter strips, sharrow markings, street lights, roundabout, and flashing beacons. Local Agency Contact Person Marwan Salloum Mailing Address 33325 8th Ave S Project Prospectus Approval Title By � Public Works Director City Federal Way Phone State Zip Code WA 98047 Approving Authority Title Deputy Public Works Director Date DOT Form 140-101 EF Page 1 of 3 ♦ Previous Editions Obsolete ♦ Revised 12/2012 Agency Project Title Date City of Federal Way Federal Way High and Sacajawea Middle School Pedestrian Connection 3/20/2013 Type of Proposed Work Project Type (Check all that Apply) ❑ New Construction ❑ Path / Trail ❑ Reconstruction � Pedestrian / Facilities ❑ Railroad ❑ Parking ❑ Bridge ❑ 3-R ❑ 2-R � Other Roadway Width 40 FT Number of Lanes � Geometric Design Data Descri tion Throu h Route Crossroad ❑ Principal Arterial ❑ Principal Arterial Federal � Urban ❑ Minor Arterial � Urban ❑ Minor Arterial Functional ❑ Rural ❑ Collector ❑ Rural � Collector ❑ Major Collector ❑ Major Collector Classification ❑ NHS � Minor Collector ❑ NHS � Minor Collector ❑ Local Access ❑ Local Access Terrain � Flat ❑ Roll ❑ Mountain � Flat ❑ Roll ❑ Mountain Posted S eed 25 MPH - School Zone 20 MPH 25 MPH - School Zone 20 MPH Desi n S eed 25 MPH 25 MPH Existin ADT 1344 1531 Desi n Year ADT 4110 2420 Desi n Year 2035 2035 Design Hourly Votume (DH� 411 242 Performance of Work Preliminary Engineering Will Be Performed By Others Agency ConsultandAgency 90 % 10 % Construction Will Be Performed By Contract Agency Contractor/Kin Coun /A enc 85 % 15 % Environmental Classification ❑ Final � Preliminary ❑ Class I- Environmental Impact Statement (EIS) ❑ Project Involves NEPA/SEPA Section 404 Interagency Agreement ❑ Class III - Environmental Assessment (EA) ❑ Project Involves NEPA/SEPA Section 404 Interagency Agreement Environmental Considerations No major concerns � Class II - Categorically Excluded (CE) � Projects Requiring Documentation (Documented CE) DOT Form 140-101 EF Page 2 of 3 Revised 12/2012 � Agency Project Title Date CiTy of Federal Way Federal Way High and 5acajawea Middle School Pedestrian Connection 3/20/2013 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 existinq riqht of way. Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project Some utility relocation or adjustment may be required and will be done under an existing franchise agreement for utility relocation. 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 iYs designee, and is not inconsistent with the agency's comprehensive plan for community development. Date �"i � i � `'L�� DOT Form 140-101 EF Revised 12/2012 Agency City of Federal W By �.,.��� '. Page 3 of 3 MayodChairperson ♦ Previous Editions Obsolete ♦