AG 17-126 - WA State Dept. of TransportationRETURN TO: PW ADMIN EXT: 2700 ID #: 4017
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/Div: PUBLIC WORKS / Capital Engineering
2. ORIGINATING STAFF PERSON: Naveen Chandra EXT: 2729 3. DATE REQ. BY: ASAP
3. TYPE OF DOCUMENT (CHECK ONE):
p CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
p PUBLIC WORKS CONTRACT p SMALL OR LIMITED PUBLIC WORKS CONTRACT
p PROFESSIONAL SERVICE AGREEMENT p MAINTENANCE AGREEMENT
p GOODS AND SERVICE AGREEMENT p HUMAN SERVICES / CDBG
p REAL ESTATE DOCUMENT p SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
p ORDINANCE p RESOLUTION
® CONTRACT AMENDMENT (AG#): 1 7-126 p INTERLOCAL
o OTHER WSDOT LAA # 9097 -Supol #3
4. PROJECT NAME: Citywide Adaptive Traffic Control System
5. NAME OF CONTRACTOR: WSDOT
ADDRESS: 310 Maple Valley Park Avenue SE, POB 47300 Olympia TELEPHONE:_360-705-7000
E-MAIL: _ FAX:
N.
SIGNATURE NAME: Stephanie Tax TITLE: Manager, Prog Mngmnt
6. EXHIBITS AND ATTACHMENTS: p SCOPE, WORK OR SERVICES p COMPENSATION p INSURANCE REQUIREMENTS/CERTIFICATE p ALL OTHER
REFERENCED EXHIBITS p PROOF OF AUTHORITY TO SIGN p REQUIRED LICENSES p PRIOR CONTRACT/AMENDMENTS
CFW LICENSE # BL. EXP. 12/31/ UBI #� , EXP. / /
7. TERM: COMMENCEMENT DATE: July 25,2017 COMPLETION DATE: December 31, 2025**
8. TOTAL COMPENSATION: $ No Change* (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: p YES p NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: p YES p NO IF YES, $ _ PAID BY: p CONTRACTOR p CITY
RETAINAGE: RETAINAGEAMOUNT:_❑RETAINAGEAGREEMENT (SEE CONTRACT) OR ❑RETAINAGEBOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO: NIA
9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
A PROJECT MANAGER NC/ 11-19-21
❑ DIVISION MANAGER DSW 11/18/21
A DEPUTY DIRECTOR DSW 11/18/21
A DIRECTOR DSW 11/W21
❑ RISK MANAGEMENT (IF APPLICABLE)
A LAW DEPT MP 11/19/2021
10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
11. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: _ DATE REC' D: Z
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICE SES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTHPRTOR TO EXPIRATION DATE
(INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL / DATE SIGNED
❑ FINANCE DEPARTMENT
❑ LAW DEPT
A SIGNATORY (MAYOR OR DIRECTOR)
A CITY CLERK®e9-i
® ASSIGNED AG # AG#�?
17-126 C
® SIGNED COPY RETURNED (in Laserfiche) DATE SENT: 01/10/2022
COMMENTS:
EXECUTE" 1 "ORIGINALS
Move funds between the categories within CN Phase Add additional funds for State under CN and PE Phases;'. Extends completion date
WSDOT FORM -We cannot make any changes and City Signs First - SIGN IN BLUE INK
RUSH - contract to expire
1 /2020
AAW
Washington State
Department of Transportation
Local Agency Agreement Supplement
ill e[icy i&pplement Number
City of Federal Way 3
Fo =�.ti�r al Aid Project Nurnber lAgreement Number ;UDA No. 20.265
HSI1P-000S(464) LA 9097 iCa!aia l of Federal Domestic Assistance)
The Local Agency requests to supplement the agreement number noted above.
All provisions in the basic agreement remain in effect except as modified by this supplement.
The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment
(2 CFR Part 180). Additional changes to the agreement are as follows:
Project Description
Name Citywide Adaptive Traffic Control System Length N/A
Termini N/A
Description of Work ✓ No Change
Reason for Supplement
Move funds between the categories within CN Phase. Add additional funds for State under CN and PE Phase. LAA end date
extension request until Adaptive system acceptance level for system procurement.
Are you claiming indirect cost rate? Yes ✓ No Project Agreement End Date December 31, 2025
Does this change require additional Right of Way or Easements? ❑Yes ✓ No Advertisement Date: October 4, 2019
Estimate of Funding
(1) ()
2 (3) (4) (5)
Type of Work Previous Estimated Total Estimated Agency Estimated Federal
Aoreement/Suppl. Supplement Proiect Funds Funds Funds
_- i - ...
PE Ia. Aaencv I 0.00
% f 0.00
lb_ Other f
Federal Aid 1
1c Other
Participation
Ratio for PE id_State
0.00
0,00
0.00 0.00 0.00 0.00 10.00
Right of Way°
r'. IU'Cx' r L vU.IL LJ1111101G 1oT-1lTVTU
0.00
f Aaency
a. Other
0.00
reaerai Ala �h
Participation I -
Ratio for RW Ii=
Federal Aid
Participation
Ratio for CN
R/W Cost Estimate (f+a+" 0.00
o. State i
a. Total CN Cost Estimate (k-H+ +n+o+olJ 0.00
u.uu
0.00
0.00 0.00 0.00 0.00
0.00
0.00
0.00
0.00
10.00
0.00
0.00 10.00 0.00 0.00
Ir. Total Proiect Cost Estimate-Le+'4 00 (0.00 0.00 0.00 0.00
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a
condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions.
Agenc icial Washington State Digitally signed by
By Department of Transportation Stephanie Stephanie Tax
y By Director, Local Program Date:2021.12.29
Tax 07:44:32
Tit] im Ferrell, Mayor, City of Federal Way Date Executed os'oo'
DOT Form 140-041 Page 1
Revised 12/2020
AOL
� Washington State
V// Department of Transportation
City of Federal Way
HS I P-OOOS(464)
Agreement Number
LA 9097
ORIGINAL
Local Agency Agreement Supplement
pplement Number
3
FDA No. 20.205
Catalog of Federal Domestic Assistance)
The Local Agency requests to supplement the agreement number noted above.
All provisions in the basic agreement remain in effect except as modified by this supplement.
The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment
(2 CFR Part 180). Additional changes to the agreement are as follows:
Project Description
Name Citywide Adaptive Traffic Control System
Termini N/A
Description of Work ✓ No Change
Length N/A
Reason for Supplement
Move funds between the categories within CN Phase. Add additional funds for State under CN and PE Phase. LAA end date
extension request until Adaptive system acceptance level for system procurement.
Are you claiming indirect cost rate? ❑ Yes ✓ No Project Agreement End Date December 31, 2025
Does this change require additional Right of Way or Easements? U Yes No Advertisement Uate: vc[uver '+, ev 1y
Estimate of Funding
1
(1)
(3)
(4) (5)
Type of Work
YP
Previous
(2)
Estimated Total
Estimated Agency Estimated Federal
Agreement/Suppl.
Supplement
Project Funds
Funds Funds
PE
a. Agency
0.00 _
%
b.Other
a
0.00
Federal Aid
10.00
c,Other
Participation
0.00
Ratio for PE
d. State
e._T_ ot_al PE Cost Estimate (a+b+c+d
0.00
0.00
0.00
0.00
0.00
Right of Way
_
f Agency
0.00
`A
Other
0.00
Federal Aid
h Other
0.00
Participation
0.00
Ratio for RW
i. StatO
'. Total R/W Cost Estimate (f+a+h+i)
0.00
0.00
0.00
0.00
0.00
Construction
k. Contract
0.00
I. Other
0.00
m. Other
0.00
Federal Aid
n. Other
0.00
Participation
0.00
Ratio for CN
o. Agency
p State
0.00
. Total CN-Cost-Estimate (k+l+m+n+n )
0.00
0.00
0.00
0.00
0.00
Ir. Total Project Cost Estimate (e+i+a)
0.00
0.00
0.00
0.00
10.00
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.
Agenc icial Washington State
By Department of Transportation
By Director, Local Program
Titl im Ferrell, Mayor, City of Federal Way Date Executed
DOT Form 140-041 Page 1
Revised 1212020
Agency Supplement Number
City of Federal Way 3
Federal Aid Project h urnber Agreement Number CFDA No. 20.205
HSIP-OOOS(464) LA 9097 (Catalog of Federal Domestic Assistance)
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid
by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation
Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project. The
Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal
Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal
participation in this project.
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws.
The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred
costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead
shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with
the regulations outlined in 2 CFR Part 200 - Uniform Admin. Requirements, Cost Principles and Audit Requirements for
Federal Awards, and retained for audit.
The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government
for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly
allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the
Federal Government (see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine
eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the
State and the Federal Government.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental
auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United
States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of
understanding between WSDOT and FHWA; and 2 CFR Part 200.501 - Audit Requirements.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the
Agency shall reimburse the State for the amount of such overpayment or excess participation.
IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g.,
State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State
within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular
monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be
approved until full payment is received unless otherwise directed by the Director, Local Programs.
Project Agreement End Date -This date is based on your projects Period of Performance (2 CFR Part 200.309).
Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs
incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project
Agreement End Date or they become ineligible for federal reimbursement.
Vlll. Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as
well as all applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal
awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in
accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for
ensuring that a copy of the report is transmitted promptly to the State.
XVII. Assurances
Local Agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administratiorl) are required to submit a written policy
statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities and
services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA).
DOT Form 140-041 Page 2
Revised 12/2020
Washington State
I a ar7-1 ment of Transporta4lorn
Federal Aid Nubmer : HSIP-OOOS(464)
Agreement Number: LA 9097
Project Title: Citywide Adaptive Traffic Control System
Supplement Number: 3
Type of Work
Estimate of Funding
(1)
PREVIOUS AGREEMENTI
SUPPLEMENT
(2)
SUPPLEMENT
(3)
ESTIMATED TOTAL
PROJECT FUNDS
(4)
ESTIMATED
AGENCYFUNDS
(5)
ESTIMATED
FEDERALFUNDS
P.E. a. Agency:
too o'/e b Consultant
Federal Aid c. Consultant (Prof Svcs Software)
cl. Other (non participating)
d State (Federal)
d1 State
e Total PE Cost Est (a thru e)
$42,347
$42,347
$42,347
$321,978
$321.978
$321.978
$8,733
$8.733
$8,733
$9,438
$9,438
$9A38
$373,058
$9,438
$382,496
$9,438
$373,058
Right of Way f Agency
`/o g Other
Federal Aid h Other
Participation I State
Ratio for RW j Total R/W Cost Est (f thru j)
Construction k Contract (Traffic Manage. Ctr) CMAQ
ki Contract (Traffic Manage. Ctr) Non -Participant
CMAQ - 86.5% k2 Contract (System Procurement) CMAQ
HSIP - 90% k3 Contract (System Procurement) HSIP
Feddral Aid k4 Contract (Sys Proc -Non Part.)
Participation k6 Contract (Detection, etc ) HSIP
k6 Contract (Detection, etc.) Non -Participant
k7 Contract (Detection, etc.) CMAQ
Habofor CN o Consultant(CM)CMAQ
of Consultant (CM) HSIP
o2 Agency (CM) CMAQ
o3 Agency (CM) HSIP
p State (Federal-CMAQ)
p State
Total Const. Cost Est (k thru c)
$95,000
$95.000
$12.825
$82.175
$14.907
$14,907
$14.907
$844.220
-$400.173
$444,047
$59,946
$384,100
$146,000
$146.000
$14,600
$131.400
$400,139
$400.139
$400.139
$525.602
$525,602
$52.560
$473,042
$464,398
-$248.442
$215.956
$215,956
$400,173
$400.173
$54,023
$346.150
$20.000
$20,000
$2.700
$17,300
$9,000
$9.000
$900
$8.100
$25,000
$25,000
$3,375
$21,625
$16,000
$16,000
$1,600
$14,400
$10.000
$10,000
$1.350
$8,650
$18.170
$18.170
$18,170
$2.170,127
$169,867
$2,339,994
$853,052
$1,486,942
r.Total Project Cost Estimate (e+j+q)
$2,543,185
$179,305
$2,722,490
$862,490
$1,860,000
Public Works Department
Contract Pay Estimate
Project: CITYWIDE ADAPTIVE SIGNAL CONTROL SYSTEM -ITS
IMPROVEMENTS PHASE 1 & 2 AND PHASE 3
Contractor: NORTHEAST ELECTRIC, LLC
Project Number: 202 & 216
Account: C36202-26500 & C36216-26500
Number: 7
Date:
1-Oct-2021
Pay Period February 16, 2021 - Septemher 30, 2021
PmJ a 202= $248293.3
PO # 068487 P.19216- 1 $24,484.
Item
No,
Contract Bid Hem
CURRENT CONTRACT
Er1.0 lki it Unit Prim Bid Price
PREVIOUS TOTAL
Cary Total Amvuni
THIS ESTIMATE TO DATE
quantitias Total Anmun[ gf4+di8as Percent Total Amount
SCSEDULE A-CTrVMDE AbAP71VE S[GNAL CONTROL SYSTEM - ITS IMPROVEMENTS - PHASE 1 & 2 JBASE RID)
1
UNEXPECM SITE CHANGES
MOBILIZATION
PROJECT TEMPORARY TRAFFIC CONTROL
0.75
FA
4,OCOAO
$3,750.
0.30
$ 1,500.00
S -
0,30
4wrA
S 1,500.00
2
1
LS
S50,000.00
$50,000.0
1.00
S 50,000m
S •
1.00
100.0%
S 50,000.00
3
1 -
LS
$55,000.00
$55,000.0
0.46
S 25,300.00
029
S 15,950,00
0.75
75.0%
S _ __ 41,250.01)
4
OFF -DUTY UNIFORMED POLICE OFFICER
PROPERTY RESTORATION
28
HR
$110.00
$3,OB0.00
0.00
S -
$
0.00
0.0%
$ -
5
1
FA
$5,000.00
$5,000.00
0.00
3
$ •
0.00
O D%
S -
6
SPILL PREVENTION, CONTROL, AND COUNTERMEASURES PLAN
1
LS
S1,500.00
S1,500.00
0.00
S -
$ -
0.00
0.0%
$ -
7
TRAFFIC SIGNAL SYSTEM, COMPLETE - S 320TH ST & 25TH AVE S/GATEWAY CENTER BLVD
1
LS
$6.809.0
$6.809.00
0.95
S 6,468.55
S -
0.05
95.0%
S 6,468.55
a
TRAFFIC SIGNAL SYSTEM, COMPLETE - S 320TH ST & 1-5 SB
1
LS
$14,33600
S14,336.00
0.14
S 2,007.04
0.77
$ 11,D78,72
0.91
91.0 %
S 13,045.76
8MOH
TRAFFIC SIGNAL SYSTEM, COMPLETE - S 320TH ST & 1-5 SB
1
LS
$5,715.00
1,00
S 5,715.00
-1.00
$ (5,715,00)
0.00
0.0%
$ -
9
TRAFFIC SIGNAL SYSTEM, COMPLETE - S 320TH ST & 23RD AVE S
1
LS
$48,831.00
S48,831.00
0.95
$ 46.389.45
S -
0.95
95.0%
S - 46.389.45
9MOH
MATERIAL ON HAND- WESTERN SYSTEMS ASCS EQUIPMENT -.
1
LS
$36,000.00
0.00
S -
$ -
0,00
0.0%
S -
10
TRAFFIC SIGNAL SYSTEM, COMPLETE - S 320TH ST & 1-5 NB
1
LS
$42,450 00
$42,450,00
0,00
$ -
0.90
$ 38,205 00
090
90.0%
$ 38,205.00
10MOH
MATERIAL ON HAND- ECONOLITE & WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
$10,215.00.
1.00
S 10,215.00
-1.00
$ (10,215.00]
0.00
0.0%
$ -
11
TRAFFIC SIGNAL SYSTEM, COMPLETE - S 320TH ST & PETE VON REICHBAUER WAY SROTH AVE S
1
LS
S33,740.00
$33,740.Oa
0.95
S 32.053.00
3 -
0.95
95.0%
$ 32,053.00
IIMOH
MATERIAL ON HAND- WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
$30.000.00
0,00
3 -
3 -
0.00
0.0%
$ -
12
TRAFFIC SIGNAL SYSTEM, COMPLETE - S320TH ST & SR 99
1
LS
$42,177.00
$42,177,00
095
$ 40,068 15
$ -
0.95
95 0 %
S 40,068.15
12MOH
MATERIAL ON HAND- ECONOLITE & WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
$37,000.00
0.00
$
Is
0.00
0.0%
$ -
13
TRAFFIC SIGNAL SYSTEM, COMPLETE - S 320TH ST & 32ND AVE S
1
LS
316,065.00
$16.D65.00
0.95
S 15,261.75
$ -
0.95
95.0%
$ 15261.75
13MOH
MATERIAL ON HAND- ECONOLITE & WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
$2,000.00
0.00
$ -
S -
0.00
0.0%
$ -
14
TRAFFIC SIGNAL SYSTEM, COMPLETE - S 320TH ST & WEYERHAEUSER WAY S
1
LS
$8,775 00
$8,77500
095
S 8.33625
$ -
0.95
95.0%
S 8,33625
15
TRAFFIC SIGNAL SYSTEM, COMPLETE -S PEASLEY CANYON RD & MILITARY RD S
1
LS
$35,657.00
$35,657.00
0,95
S 33,574.15
S
0.95
95.0%
$ 33,874.15
15MOH
MATERIAL ON HAND- ECONOLITE & WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
$32,000.00
0.00
$
S •
0,00
0.0%
S
16
TRAFFIC SIGNAL SYSTEM, COMPLETE S PEASLEY CANYON RD & S 321 ST ST
1
LS
528,50000
525,00000
S28,500,00
0.95
$ 27,075.00
$ -
0.95
95.0%
S 27,075.00
16MOH
MATERIAL ON HAND- ECONOLITE & WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
0_00
$ -
$ -
0.00
0.0 %
S
17
1fRAFFIC SIGNAL SYSTEM, COMPLETE - SR 99 & S 356TH ST
1
LS
$34,546.00
$34,548.00
0.95
3 32.820.60
S •
0.95
95.0%
S 32,820,60
17MOH
MATERIAL ON HAND- ECONOLITE '&'WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
S28,000.00
OAO
S -
$
0.0D
0.0%
S -
18
TRAFFIC SIGNAL SYSTEM, COMPLETE - SR 99 & S 352ND ST
1
LS
$30,219,00
$30.219.00
0.95
$ 20,708.05
S -
0,95
95.0%
$ 28,708.05
18MOH
MATERIAL ON HAND- ECONOLITE & WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
$22,000,00
0.00
$ -
$ -
0,00
0-0%
$ -
19
TRAFFIC SIGNAL SYSTEM, COMPLETE - SR 99 & S 348TH ST (SR 18)
1
LS
544,376.0q
$44.376.00
0.95
$ 42,15720
$
0.95
95.0%
3 42,157.20
19MOH
MATERIAL ON HAND- ECONOLITE & WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
323.000.00
0.00
S -
$
0.00
0.0%
S -
20
TRAFFIC SIGNAL SYSTEM, COMPLETE - SR 99 & S 344TH ST
1
LS
$32,903,00
$32,903.00
0.95
$ 31,257.85
$ -
0.95
95.0%
$ 31,257.85
20MOH
MATERIAL ON HAND- ECONOLITE & WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
S23,000,o0
0100
$ -
$ -
0,00
0.0%
S -
21
TRAFFIC SIGNAL SYSTEM, COMPLETE - SR 99 & 16TH AVE S/S340TH PL
1
LS
$15,741.00
S15,741.00
095
S 14,972 37
$ -
0,95
95.1%
S 14,972.37
22
TRAFFIC SIGNAL SYSTEM, COMPLETE - SR 99 & S 336TH ST
1
LS
$38,967.00
$38,957.00
0.95
$ 37,018.65
$ -
0,95
95.0%
3 37,018.65
22MOH
MATERIAL ON HAND- WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
$30,000.00
$ -
S -
0.00
O.o%
S -
23
TRAFFIC SIGNAL SYSTEM, COMPLETE - SR 99 & S 330TH ST
1
LS
$24,3213.001
$24,328.00
0.95
S 23,165.36
$
0,95
95.2%
$ 23,165.36
23MOH
MATERIAL ON HAND- WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
S21,000=
0.00
$ -
$ -
0.00
0 0 %
S -
24
TRAFFIC SIGNAL SYSTEM, COMPLETE - ENCHANTED PKWY S (SR 161)H6TH AVE S & S 356TH ST
1
LS
S59,123.04
$59,123.00
0.95
S 56,166.551
0.95
95.01/.
$ 56,166.85
24MOH
MATERIAL ON HAND- WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
$26,000.00
S -
0,00
0.0%
25
TRAFFIC SIGNAL SYSTEM, COMPLETE - ENCHANTED PKWY S (SR 161)& S 352ND ST
1
LS
S31,243,00
$31,243,00
0.95
$ 29,680.85
$ -
0.95
95.0%
$ 29,680.85
25MOH
MATERIAL ON HAND- WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
520,000.00
0.00
$ -
$ -
0,00
0.0
'26
TRAFFIC SIGNAL SYSTEM, COMPLETE - S 344TH ST & 16TH AVE S
1
LS
$48.738.00
$48.738.00
0.95
S 46,301,10
$ -
0.95
95.0%
S 46,301.10
27
TRAFFIC SIGNAL SYSTEM, COMPLETE - SR 18 & 1-5 SS
1
LS
$55,901.00
$55,901.0
0.00
S -
0.90
S 50.310,90
0.90
90,0 %
$ 50,310,90
27MOH
MATERIAL ON HAND- WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
$32.715,00
1.00
$ 32,715.00
-1.00
$ (32,715.00
0.00
0,0 %
$ -
28
TRAFFIC SIGNAL SYSTEM, COMPLETE- ENCHANTED PKWY S (SR 161)& SR 18 WB
1
LS
S65,106.00
$65,106.0
0.03
$ 1,963.18
0.89
S 57,944,34
0.92
92.0%
$ 59,897.52
MATERIAL ON HAND- WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
528,715.D0
1.OD
S 28,715.00
-1.00
S (28,715.00)0,00O.OXS-
r1MOH
TRAFFIC SIGNAL SYSTEM, COMPLETE - ENCHANTED PKWY S (SR 161)& MILTON RD S
1
LS
$71.129.06
571,129.00
0 03
1 00
S 2,13307
0.89
$ 63304.81
0.92
92.0%
$ 65,438.68
OH
MATERIAL ON HAND- WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
531,715,00
$ 31,71500
-1.00
S (31,715.00)
0.00
0.0 %
S -
Paae 1 of 3
Public Works Department
Contract Pay Estimate
Project: CITYWIDE ADAPTIVE SIGNAL CONTROL SYSTEM -ITS
IMPROVEMENTS PHASE 1 & 2 AND PHASE 3
Contractor: NORTHEAST ELECTRIC, LLC
Project Number: 202 & 216
Account: C36202-26500 & C36216.26500 PO # 068487
Number:
Date: 1-Oct-2021
Pay Period February 16, 2021- Sepbembar 30. 2021
ProJ 0 202= 5248,293-3
Prof 6216. 1 524.464.6.
Item
No.
Contract Bid Item
CURRENT CONTRACT
Est. City Unit Unit Price Bid Price
PREVIOUS TOTAL
Qty Total Amount
THIS ESTIMATE
Quantities Total Amount
TO DATE
Quantities Percent Total Amount
30
TRAFFIC SIGNAL SYSTEM, COMPLETE - ENCHANTED PKWY S (SR 161)& 19TH WAY S
1
LS
540,971.00
$40,971,00
0.00
$
$ -
0.00
0.0%
S -
30MOH
MATERIAL ON HAND-ECONOLITE & WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
$32,306.46
1.OD
3 32.306.46
-1.00
$ (32,306.461
0.00
0,01/4
$
31
OVID-19 HEALTH & SAFETY PLAN IMPLEMENTATION
1
FA
32,000.)0
$2,000,00
0.22
$ 43621
$ -
022
21.8%
$ 436,21
32
PROJECT SIGN(4'X8')
1
EA
$1.076.74
Sl,D76,74
1,00
$ 1,076,74
1
$ -
1.00
100.01/4
S 1,076,74
33
TRAFFIC SIGNAL SYSTEM, COMPLETE - ENCHANTED PKWY S (SR 161)& 19TH WAY S-CREDIT
-1
LS
$40,971.0
-540,971.00
$ -
S -
0.00
0.0%
$ -
34
WSDOT REVISIONS, LOOPS -CREDIT
-7
EA
5500,00
-$3,500.0
$ -
-7.00
S (3,5000
-7.00
100.0%
$ (3,500-001
35
�EVISION TO WSDOT INTERSECTIONS, MODIFICATION TO VIDEO DETECTION AND ADDITION OF THE S 348TH
P T (SR 18) & ENCHANTED PKWY S (SR 161) INTERSECTION (ITS 34), AND ASSOCIATED FIBER OPTIC
COMMUNICATIONS BETWEEN THIS INTERSECTION AND THE 1-5 SB & S 348TH ST (SR 18) INTERSECTION
1
LS
S12l,876.40
$121,876.40
0.70
$ 05,313,48
0,70
70.0%
S 85,313,48
36
Autoscope Camera and Connectors
1
LS
513,210.25
S13,2ifl,25
1.00
$ 13.218,25
1.00
100.0%
$ 13,218,25
37
Non -Standard Mounting Brackets
1
LS
$2,276.92
$2,276.92
1.00
$ 2,276.92
1.00
100.0%
S 2,276.92
36
PSE Power Service at S 320th ST and 1-5 SB (ITS 02)
1
LS
55,111.72
$5,111.72
$ -
0.90
S 4,600.55
0.90
90.0%
$ 4,6aa,55
39
PSE Power Service at S 320th ST and 1-5 NB (ITS 04)
1
LS
523,911.67
S23,911.67
S -
0.90
$ 21,520.50
0.90
90.0%
$ 21,520.50
40
PSE Power Service at SR 18 & 1-5 SB (ITS 41)
1
LS
523,202.16
$23,202.16
S -
0.90
S 20,861.94
0.90
90.0%
S 20,881.94
41
PSE Pwer Service at Enchanted PKWY S (SR 161) & SR 18 WB (ITS 42)
1
LS
$4,623.69
$4,623.69
S -
0.90
Is 4,161.32
0.90
90.0%
5 4.161.32
42
PSE Pwer Service at Enchanted PKWY S (SR 161) & Milton RD S (ITS 43)
Propety Restoralicn-Credit
1
LS
$4,942.31
$4,942.32
S -
0,90
$ 4,448.09
0.90
90,0%
$ 4,448.09
43
-1
FA
$5,000.011
-$5,000.00
S -
$ -
0.00
0,0%
S -
TOTALSCHEDULEA $1.141,731.87 _ M7,563.60 $248,293.36 - $1,025,057.0
SCHEDULE 8 - CITYWIDE ADAPTIVE SIGNAL CONTROL SYSTEM -ITS IMPROVEMENTS - PHASE 3 (BASE BID)
1
UNEXPECTED SITE CHANGES
MOBILIZATION
PROJECT TEMPORARY TRAFFIC CONTROL
0.75
FA
$5,000.00
$3,750.00
020
S 985.94
$ -
020
26.3%
S 985.94
2
1
LS
550,000.00
550,000O0
1.00
S 50,000.00
S -
100
100.0%
$ 50,000,00
3
1
LS
$55,000.00
S55.000,00
028
S 15,400.00
0.11
$ 6,050.00
0.39
39.01/4
3 21,450.00
4
OFF -DUTY UNIFORMED POLICE OFFICER
40
HR
Silo -Go
$4,400-00
0,00
S -
S -
0.00
0.0%
S -
5
PROPERTY RESTORATION
1
FA
$5.000.00
$5,000.00
0.00
S •
$
0.00
0.0%
$ -
6
SPILL PREVENTION, CONTROL, AND COUNTERMEASURES PLAN
1
LS
51,500O0
$1,500-00
0.00
S -
$ -
0-00
0-0%
S -
7
TRAFFIC SIGNAL SYSTEM, COMPLETE - S 316TH ST & SR 99
1
1 LS
$30,688.0
S30,688,oa
0.95
3 29,153.60
3 -
0.95
195.0%
3 29,153.60
7MOH
MATERIAL ON HAND- ECONOLITE & WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
527,000.00
0.00
3
3 -
0.00
0.0%
3 -
0
TRAFFIC SIGNAL SYSTEM, COMPLETE-S312TH ST & SR 99
1
LS
542,400,00
$42,488,00
0.95
$ 40,363.60
S -
0.95
95.0%
$ 40,363.60
BMOH
MATERIAL ON HAND- ECONOLITE & WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
$36,513.30
0,00
$ -
S -
0-00
0.0%
S -
9
TRAFFIC SIGNAL SYSTEM, COMPLETE S 312TH ST & 14TH AVE S
1
LS
$24,168.00
524,168.00
0.95
3 22,959.60
S
0.95
95.0%
$ 22,959.60
9MOH
MATERIAL ON HAND- ECONOLITE & WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
$20,000.00
0.00
S
$ -
0.00
0.0%,
$
10
TRAFFIC SIGNAL SYSTEM, COMPLETE - DASH PT RD 8 11TH PL S
1
LS
$33,643,00
533,643,00
0.91
5 30,615.13
0,04
$ 1,345.72
0-95
95-0 %
$ 31,960.85
10MOH
MATERIAL ON HAND -WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
S18,000.00
0.00
S -
S -
0.00
0-0%
$ -
11
TRAFFIC SIGNAL SYSTEM, COMPLETE - DASH PT RD & 16TH AVE S
1
LS
$12,41 Do
312,415.00
0.47
$ 5,836.46
0.48
$ 5,960.64
0.95
95.0%.
S 11,797.10
12
TRAFFIC SIGNAL SYSTEM, COMPLETE - SR 99 & DASH PT RD
1
LS
529,389.00
$29,389,00
0.95
S 27,919.55
S -
0.95
95.0%
$ 27,919.55
12MOH
MATERIAL ON HAND- ECONOLITE & WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
$20,000.00
0.00
5 -
3 -
0.00
0.0%
$ -
13
TTRAFFIC SIGNAL SYSTEM, COMPLETE - SR 99 & a 276TH ST
1
LS
$29.004.00
$29,084.00
0,95
S 27,629.30
$
0.95
9U54
S 27,629.80
13MOH
MATERIAL ON HAND -WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
$21.000.00
0,00
S
$
0.00
0.0%
$ -
14
TRAFFIC SIGNAL SYSTEM, COMPLETE - SR 99 & S 280TH ST
1
LS
566,568.00
566,568,00
0.92
S 61,242.56
003
$ 1,997.04
0,95
95,0 %
$ 63,23950
14MOH
MATERIAL ON HAND -WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
$39,000 DO
0.00
S -
$ -
0,00
0.0%
$ -
15
TRAFFIC SIGNAL SYSTEM, COMPLETE - SR 99 & S 304TH ST
1
LS
$38,320.00
$38,320.00
0.95
S 36,404.00
$ -
0.95
95.0%ii
3 36,404.00
15MOH
MATERIAL ON HAND- ECONOLITE ASCS EQUIPMENT
1
LS
$2.000.00
040
S -
$
0.00
0Ow$
-
16
TRAFFIC SIGNAL SYSTEM, COMPLETE - SR 99 & S 308TH ST
1
LS
536,766 00
$38,766,00
0.95
$ 36,627,7D
S
0.95
95.0%
$ 36,827,70
16MOH
MATERIAL ON HAND- ECONOLITE & WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
$23.000.00
0.00
S -
S -
0-00
0 0 %
S -
17
TRAFFIC SIGNAL SYSTEM, COMPLETE - S 288TH ST- & 18TH AVE S
1
LS
$34,063.00
$34,063,001
0.95
$ 32,359.85
S •
0.95
95.0%
3 32,359.85
17MOH
MATERIAL ON HAND- ECONOLITE & WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
320.000.00,
0.00
3
is
0,00
10.0%
S
la
TRAFFIC SIGNAL SYSTEM, COMPLETE- S 304TH ST & 28TH AVE S
1
LS
527,499,00
527,499,00
0.95
$ 26,124.05
S -
0,95
95,0 %
5 26,124.05
18MOH
MATERIAL ON HAND- ECONOLITE & WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
521,000O0
0,00
S -
$ -
0.00
0-0 %
S -
19
TRAFFIC SIGNAL SYSTEM, COMPLETE - MILITARY RD S & S STAR LAKE RD
1
LS
$32,036.00
$32,338.0
0.86
$ 28,240.65
0.09
$ 2,955.42
0.95
95,0%
S 31.196.10
19MOH
MATERIAL ON HAND- ECONOLTE & WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
$21,000.00
0.00
S
3 -
0,00
Pao. 2 03
'&-. Systems
12
PROJECT COST TABLE
COST FOR SCOOT PROJECT - 44 INTERSECTION �^
Item # Description Qty Unit Unit Price Extended Price
1 Project Management 1 LS $ 10,000.00 5 10,000.00
Furnish and Install ASCT Central
2 System Software 1 LS $ 151,976.25 $ 151,976.25
Furnish and Install ASCT Central
3
System Licensing (SCOOT)
Furnish and Install ASCT Central
1
LS
$
201,042.50
$
201,042.50
System Hardware (SCOOT &
9
4
TACTICS)
Furnish and Install ASCT Central
4
LS
$
4,333.33
$
17,333.32
5
System Software (TACTICS)
1
LS
$
_ 89,045_00
$
89,045.00
`` Furnish and Install ASCT Local
6
I Controller Software
4
EA
$
INCLUDED
Furnish and Install ASCT Local
7
Controller Licensing
44
EA
$
INCLUDED
Furnish and Install ASCT Local
g
Controller Hardware
44
EA
$
4,393.74
$
193,324.56
9
Review Existing Detection
1
LS
$
19,857.50
$
19,857.70
Maintenance and Support (1
PER
10
Year)
1
YR
$
23,176.47
$
23,176.47
7-System
Testing, Configuration,
11
Fine -Tuning and Verification
1
$
142,575.00
$
142,575.00
__LS
PER
YR
$
23,176.47
$
92,705.88
Maintenance and Support (4
12 Years) 4
Training and Documentation
13
(min. 5 days training)
1
LS
$
13,125.00
$
13,125.00
EA
14 E SCOOT Software License Pack 1
$
36,025.00
$
$
36,025.00
990,186.48
TOTAL
System Procurement under
Construction
www.westernsystems-inc.com 11122 Industry Street, Bldg. B, Everett, WA 98203 1 P;425.438.1133
The leader in providing innovative solutions, support and manufacturing for the transportation industry
Public Works Department Project: CITYWIDE ADAPTIVE SIGNAL CONTROL SYSTEM -ITS Number: 7
Contract Pay Estimate IMPROVEMENTS PHASE 1 & 2 AND PHASE 3 Dale: 1-00.2021
Contractor: NORTHEAST ELECTRIC, LLC Pay Period February 18, 2021 - fillpl-lTtver 3u, 2a21
Project Number. 2029216 prof a 202• 324e.2.IIA6
Account: caa2021a3oo aC3vviw660o POM 068487 Pml■21h $24.404.
ttem
No.
Contract Bid Item
Eat, Qty
CURRENT CONTRACT
Unit Unit Prlee
Did 130-
PREVIOUS TOTAL
OM TotalAmount
THIS ESTIMATE
Quantlllea Total Amount
Quantttlea
TO DATE
Percent Total Amount
20
TRAFFIC SIGNAL SYSTEM, COMPLETE - MILITARY RD S 8 S 31ST AVE S
1
LS
31S,708.00
$15,708.01:
0.60
$ 9,424.80all80
0.95[21.6%
.0%
$ 14,922.60
21
TRAFFIC SIGNAL SYSTEM COMPLETE -MILITARY RD S a S 286TH ST
1
LS
$36,718.00
$36,716.00
0.90
$ 33,044,4080
0,95.0%
E 34,600-20
21MOH
MATERIAL ON HAND-ECONOLITE5 WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
$25,000.00
0.00
S -0.000%
S22
'TRAFFIC SIGNAL SYSTEM, COMPLETE -MILITARY RD S 6 S 304TH ST
1
LS
$46,78100
S46,761 0
0,95
S 44 441.95
0.950%
E 44.441.95
22MOH
MATERIAL ON HAND-ECONOLITE 6 WESTERN SYSTEMS ASCS EQUIPMENT
1
LS
$15,271171
0,00
S •
000.0%5
-
23
COVID-19 HEALTH S SAFETY IMPLEMENTATION PLAN
1
FA
$2.000.00
$2.0000
0.22
S 436.200,22
S 436.20
24
PROJECT SIGN(4'%e')
1
EA
$1.076,74
$1,076,74
100
S 1.076.741000%1.07834
25
MODIFICATION TO VIDEO DETECTION -CREDIT
-1
LS
51.17762
31,177.82
S -2
-1.000%
5 (1,177,821
26
Propony Restoralion-Credit
•1
FA
55.00000
55,000.0
5 -
,0%
5
TOTAL SCHEDULE
$655,685.92
$560.485.61
$24,464.60
$504,251.21
TOTAL SCHEDULE A S B
$1,797.417.79
$7,336,050.29
$272.757.96
S1,610,80813
—
RCTAWA4E 084
S
S •
4 -
HIS SECT- L B 1 - - O pAYIVERY PREFERENCE (CHECK ONE)
MAIL
i o-1-2-
APPROVED BY AUTH i2ED REPRESENTATIVE DATE PICK UP AT CITY FINANCE COUNTER
CITY OF FEDERAL WAY PROJECT ENGINEER
DATE
1 hereby echnotsredge Met the merchandise and/or Bermes have been received
es slelad on Ihti m+se+ A. Ohm *W,9eta" eppvo w m i/re Purchase order. I
ePProve Ih"AIM&R/V E D
CITY OF FEDERAL WAY
PURI Ir WORKS DFPT
gglp$py'AL FOR /1 DATE
4WA
DATE: Oct 04, 2021
TOTAL RETAINED TO DATE:
TOTAL PAID TO DATE:
$0.00
� s,,sya,sas.xs
TOTe'1L ,t fAf�l'f€.; $2721757i95
R ACE PICO f2dFS!ir.NCC Or=-[
*r%RAL FpiC1D:1-'-N:THHOLD RETAINAGE
I�FROM PAYMENT
I l.- MON-KDERAL PROJECT • RETAINAGE BOND ON FILE
[—X 11FIEDERAL PROJECT-RETAINAGE DOES NOT APPLY
Page 3 .13
AM,
Washington State
Department of Transportation
January 4, 2022
Mr. Edward Walsh
Public Works Director
City of Federal Way
33325 8t' Avenue South
Federal Way, Washington 98003
Transportation Building
310 Maple Park Avenue S.E.
P.O. Box 47300
Olympia, WA 98504-7300
360-705-7000
TN:1-800-833-6388
www.wsdot.wa.gov
City of Federal Way
Citywide Adaptive Traffic Control System
CM-HSIP-OOOS(464)
FUND AUTHORIZATION
Dear Mr. Walsh:
Enclosed for your information and file is a copy of Supplement Number 3 to Local Agency
Agreement LA-9097 for the above project between WSDOT and your agency.
This supplement modifies the funding for this project to the amounts shown below:
PHASE TOTAL FEDERALSHARE
Preliminary Engineering $382,496 $373,058
Construction $2,339,994 $1,486,942
In addition, this supplement modifies the Project Agreement End Date to December 31, 2025.
All costs exceeding those shown on this agreement are the sole responsibility of your agency. Any
costs incurred after the Project Agreement End Date shown on the supplement are not eligible for
federal reimbursement. In addition, all eligible costs incurred prior to the End Date must be billed
within sixty (60) days of the End Date or they are ineligible for federal reimbursement.
As a condition of authorization you must show continuous project progress through monthly billings,
until your project is complete. Failure to show continuous progress may result in your project
becoming inactive per 23 CFR 630.106(a) (5) and subject to de -obligation of all federal funds and
agreement closure.
You may proceed with the administration of this project in accordance with your WSDOT approved
Certification Acceptance agreement.
Sincerely,
sty rA'X
Stephanie Tax
Manager, Program Management
Local Programs
STJg:ml
Enclosure
cc: Mehrdad Moini, Northwest Region Local Programs Engineer, MS NB82-121
RETURN TO: PW ADMIN EXT: 2700 ID #: 4017 N )Y�
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIv: PUBLIC WORKS / Capital Englneerinq
2. ORIGINATING STAFF PERSON: Naveen Chandra EXT: 2729 3. DATE REQ. [IN : ASAP
3. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
0 CONTRgCT;�46OTLAA E EENDMENTT (AG.#)7-126 I � 2 ❑ INTERLOCAL
0 OTHER _- (j97-
4. PROJECT NAME: Citywide Adaptive Traffic Control System
5.
NAME OF CONTRACTOR: WSDOT
ADDRESS: 310 Maple Valley Park Avenue SE POB 47300 Olympia
E-MAIL.
SIGNATURENAME: Stephanie Tax
.i € € € €Yi+a €:: 360-705-7000
I .A
rrrL€ N1anaper, Prang Mngmnt
6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER
REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE # BL, EXP. 12/31/ UBI # EXP.
7. TERM: COMMENCEMENT DATE: MY 25, 2017 COMPLETION DATE: December 31, 2021 **
8. TOTAL COMPENSATION: $ No Change* (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: D YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: d YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: n RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO: N/A
9. DOCUMENT / CONTRACT REVIEW
6 PROJECT MANAGER
❑ DIVISION MANAGER
8 DEPUTY DIRECTOR
11 DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
I LAW DEPT
10. COUNCIL APPROVAL (IF APPLICABLE)
11. CONTRACT SIGNATURE ROUTING
INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
SCHEDULED COMMITTEE DATE:
SCHEDULED COUNCIL DATE:
COMMITTEE APPROVAL DATE:
COUNCIL APPROVAL DATE:
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC' D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL / DATE SIGNED
❑ FINANCE DEPARTMENT
❑ LAW DEPT
6 SIGNATORY (MAYOR OR DIRECTOR)
6 CITY CLERK'L
X ASSIGNED AG # AG# 1 -126B
X SIGNED COPY RETURNED (in Laserfiche) DATE SENT: 01/10/2022
COMMENTS:
EXECUTE " 1 " ORIGINALS
' Move PE funds to CN; •. Extends completion date
1 /2020
Washington StateDeparment of Transportation Local Agency Agreement Supplement
Agency Supplement Number
City of Federal Way 2
Federal Aid Project Nt'Mhr;r - Jr>_c i� }� C h;.:,,,` r,r
CFDA Na. 20.205
HSIP-OOOS(464) LA-99WgoS }an (Catalog of Federal Domestic Assistance)
The Local Agency requests to supplement the agreement entered into and executed on July 25, 2017
All provisions in the basic agreement remain in effect except as modified by this supplement.
The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment
(2 CFR Part 180). Additional changes to the agreement are as follows:
Project Description
Name Citywide Adaptive Traffic Control System Length n/a
Termini N/A
Description of Work ✓ No Change
Reason for Supplement
Move PE funds to CN.
Are you claiming indirect cost rate? ❑ Yes ✓ No Project Agreement End Date December 31, 2021
Does this change require additional Right of Way or Easements? L] Yes ✓ No Advertisement Date: October 4, 2019
T e of Work
Yp
_
PE
% a. ften,:y
b.Other
Federal Aid c. Other
i Estimate
(�) Supplement 2
() Previous
Agreement[SuDDI
.___ __ .
of Funding
(3) -- - (4)
Estimated Total Estimated Agency
Project Funds
(5)
Estimated Federal
Funds
-Funds
0.00
it
0.00
0.00
Participation
Ratio for PE
• State
0.00
. Total PE Cost E tim t +b+ +
0.00
0.00
0.00
0.00
0.00
i�;* of wa �°
_
f. Age n
.Other
0.00
0.00
Federal Aid
Participation
h.Oth r
0.00
Ratio for RW
i• State
0.00
'. T tal RNII Cost Estim f+ +n+;
0.00
0.00
0.00
0.00
0.00
Construction
. Contr
0.00
1.0 her
0.00
m. Other
0.00
Federal Aid
n. Other
0.00
Participation
!Ratio for CN
o. Agency
0,00 G
a. State
0.00
-
a. Total CN Cost Estimate rk+i+m+„+ + l
0.00
0.00
0.00
0.00
0,00
0.00
0.00 0.00
0.00 0.00
__....
r. Total Proiect Cost Estimate tP+i±
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
Agency,officiall Washington. tate apartment f Transportation
By��� Bye`.- .,
Title?�nFerrzfl� ! F<« :r Director, Local Paclrar
n
Date Executed AIR 2 5 2029
DOT Form 140-041 Page 1
Revised 03/2019
solJoIcn"On! Number
c1ty of Federal Wav 2
lo G,i... ral ,i. i r'r7jr-„ t N. r r r _�AL�jrfement Number ..... _ _ _
CFDA No. 20.205
HSIP-OOOS(464) LA 999W 9 pq -� i(Ca[alog of Federal Domestic Assistance)
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid
by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation
Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project. The
Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal
Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal
participation in this project.
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws.
The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred
costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead
shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with
the regulations outlined in 2 CFR Part 200 - Uniform Admin. Requirements, Cost Principles and Audit Requirements for
Federal Awards, and retained for audit.
The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government
for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly
allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the
Federal Government (see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine
eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the
State and the Federal Government.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental
auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United
States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of
understanding between WSDOT and FHWA; and 2 CFR Part 200.501 - Audit Requirements.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the
Agency shall reimburse the State for the amount of such overpayment or excess participation.
IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g.,
State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State
within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular
monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be
approved until full payment is received unless otherwise directed by the Director, Local Programs.
Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309).
Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs
incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project
Agreement End Date or they become ineligible for federal reimbursement.
Vill. Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as
well as all applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal
awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in
accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for
ensuring that a copy of the report is transmitted promptly to the State.
XVII. Assurances
Local Agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy
statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities and
services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA).
DOT Form 140-041 Page 2
Revised 03/2019
Amok
wArWashington state
F Department at Transportathon
Federal Aid Nubmer : HSIP-0008(464)
Agreement Number: LA 9W q1097+ zto
Project Title: Citywide Adaptive Traffic Control System
Supplement Number
Type of Work
Estimate of Funding
(1)
PREVIOUS AGREEMENT/
SUPPLEMENT
(2)
SUPPLEMENT
(3)
ESTIMATED TOTAL
PROJECT FUNDS
(4)
ESTIMATED
AGENCY FUNDS
(5 )
ESTIMATED
FEDERAL FUNDS
P.E. a. Agency:
tt]O.t)% b. Consultant
Federal Aid c. Consultant (Prof Svcs Software)
ct . Other (non participating)
d State
e Total PE Cost Est. (a thru e)
$78.600
-$36,253
$42,347
$42,347
$375,540
-353,562
$321.978
$321,978
$8,733
$8,733
$8.733
$462 873
($89,815)
$373,058
_
$373,058
Right of Way f Agency
% g Other
Federal Aid h Other
Perlicipalion I State
Rallo for RW 1 Total RIW Cost Est. (f thru j)
Construction k Contract (Traffic Manage. Ctr) CMAQ
k1 Contract (Traffic Manage. Ctr)non participant
CMAQ - 86.5% k2 Contract (System Procurement) CMAQ
HSIP-90% k3 Contract (System Procurement) HSIP
k4 Contract (Sys Proc -Non Pert.)
Fir 1i :,l A,d k5 Contract (Detection, etc.) HSIP
k6 Contract (Detection, etc.) Non -Part
Perm Jprni on o Consultant (CM) CMAQ
rR;auo for CN o1 Consultant (CM) HSIP
o2 Agency (CM) CMAQ
o3 Agency (CM) HSIP
p State _LSIat,7_ryryl.?_,I.!AQ
n Total Const, Cost Est. (k thru P)
$95,000
$95,000
$12,825
$82.175
$14,907
$14.907
$14,907
$844,220
$844.220
$1 13,970
$730,250
$213,475
-$67,475
$146,000
$14,600
$131,400
S46A99
-$46,099
$358.333
$167.269
$525,602
$52.560
$473,042
_
$464,398
$464398
$464,398
$20.000
$20,000 k
$2,700
$17,300
$9,000
$9,000
$900
$8,100
$25,000
$25,000
$3,375
$21,625
$16,000
$16.000
$1,600
$14,400
$10,000
$10.000
$1,350
$8.650
$1,637,127
$533,000
$2,170,127
$683,185
$1,486,942
r.Total Project Cost Estimate (o+j+p)
$2,100,000
$443,185
$2,543,185
$6831,185
$1,860.000
wiWashington State
r Department of Transportation
April 1, 2020
Mr. Edward Walsh
Public Works Director
City of Federal Way
33325 8ch Avenue South
Federal Way, Washington 98003
Transportation Building
310 Maple Park Avenue S.E.
P.O. Box 47300
Olympia, WA 98504-7300
360-705-7000
TTY: 1-800-833-6388
www.wsdot.wa.gov
City of Federal Way
Citywide Adaptive Traffic Control System
CM-HSIP-OOOS(464)
FUND AUTHORIZATION
Dear Mr. Walsh:
Enclosed for your information and file is a copy of Supplement Number 2 to Local Agency
Agreement LA-9097 for the above project between WSDOT and your agency.
This supplement modifies the funding for this project to the amounts shown below:
PHASE TOTAL FEDERALSHARE
Preliminary Engineering $373,058 $373,058
Construction $2,170,127 $1,486,942
All costs exceeding those shown on this agreement are the sole responsibility of your
agency. Any costs incurred after the Project Agreement End Date shown on the
supplement are not eligible for federal reimbursement. In addition, all eligible costs
incurred prior to the End Date must be billed within sixty (60) days of the End Date or
they are ineligible for federal reimbursement.
As a condition of authorization you must show continuous project progress through monthly
billings, until your project is complete. Failure to show continuous progress may result in
your project becoming inactive per 23 CFR 630.106(a) (5) and subject to de -obligation of all
federal funds and agreement closure.
You may proceed with the administration of this project in accordance with your WSDOT
approved Certification Acceptance agreement.
Sincerely,
Sfqt� 7'aoc
Stephanie Tax
Manager, Program Management
Local Programs
ST:jg:ml
Enclosure
cc: Mehrdad Moini, Northwest Region Local Programs Engineer, MS NB82-121
RETURN TO: PW ADMIN EXT: 2`700 ID #:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/Div: PUBLIC WORKS /
2. ORIGINATING STAFF PERSON. EXT: 3. DATE REQ. Bl :
3. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT(AG#): ❑ I OCAL
OTHER
C " � ¢ l4L� t "�L1. j- G A-ii�Tj r�L j vT � J, �• rYf 4. PROJECT iVAME: � 1
ft�I Ls •I- ` � �i-["
`1
5. NAME OF CONTRACTOR: ) r " T ,c r1 t J�� hl 1
ADDRESS: C c u 'A, E SU TELEPHONE:-3 it" (5 - F a -` 6CIO
E-MAIL: FAX'.
SIGNATURE NA.,AE: TITLE:
6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER
REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE # BL, EXP. 12/31/ UBI # EXP. / /!
7. TERM: COMMENCEMENT DNFE: COMPLETION DATE:
8. TOTAL COMPENSATION: $']J (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE'- ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑ YES ❑ NO IF'YES, $ PAID BY. ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:
9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
❑ PROJECT MANAGER
❑ DIVISION MANAGER
❑ DEPUTY DIRECTOR
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW DEPT
10.. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
11. CONTRACT SIGNATURE ROUTING
❑ SENTTO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL / DATE SIGNED
❑ FINANCE DEPARTMENT
❑ LAW DEPT
❑ SIGNATORY (MAYOR OR DIRECTOR)
;�-CITY CLERK
'ASS IGNED AG # AG#
❑ SIGNED COPY RETURNED DATE SENT: I .cl• kc r 4f
%YRETURN ONE ORIGINAL
E COMMTS:
EXECl1TE" "ORIGINALS
l il-M A
RECEIVE®
JUL 0 8 2019
A011111k CITY OF FEDERAL WAY
CPWashington State PUBLIC WORKS DEPT.
Department of Transportation
July 2, 2019
Mr. Edward Walsh
Public Works Director
City of Federal Way
33325 8`h Avenue South
Federal Way, Washington 98003
City of Federal Way
Citywide Adaptive Traffic
Control System
CM-HSIP-OOOS(464)
FUND AUTHORIZATION
Dear Mr. Walsh:
Transportation Building
310 Maple Park Avenue S.E.
P.O. Box 47300
Olympia, WA 98504-7300
360-705-7000
TrY.1-800-833-6388
www.wsdot.wa.gov
We have received FHWA fund authorization, effective July 2, 2019, for this project as follows:
PHASE
Construction
TOTAL
$1,637,127
FEDERAL SHARE
$1,397,127
The following are required to ensure compliance with federal and state requirements:
• Advertisement of the project within six weeks of construction authorization.
• Submit the Award Data to the Region Local Programs Engineer prior to construction start.
• Show continuous project progress through monthly billings, until the project is complete.
Failure to show continuous progress may result in the 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-9097 between WSDOT and your agency. All costs exceeding those shown
on this agreement are the sole responsibility of your agency. Any costs incurred after the Project
Agreement End Date shown on the supplement are not eligible for federal reimbursement. In
addition, all eligible costs incurred prior to the End Date must be billed within sixty (60) days of
the End Date or they are ineligible for federal reimbursement.
In addition, this supplement modifies your PE funds to a total of $462,873 ($462,873 federal share).
You may proceed with the administration of this project in accordance with your WSDOT approved
Certification Acceptance agreement.
Sincerely,
r�
Fps; Stephanie Tax
Manager, Program Management
Local Programs
STJg:ml
Enclosure
cc: Mehrdad Moini, Northwest Region Local Programs Engineer, MS NB82-121
Ae.&
"� Washington State Agency Agreement Local A Supplement
Department of Transportation 9 Y 9 PP
Agency Supplement Number
City of Federal Way 1
Federal Aid Project Numbe, Agreemwl' Number ;CFDA No. 20.205
HSIP-0005(464) LA,); {°)" ta?op of Federal Domestic Assistance)
The Local Agency requests to supplement the agreement entered into and executed on July 25, 2017
All provisions in the basic agreement remain in effect except as modified by this supplement.
The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment
(2 CFR Part 180). Additional changes to the agreement are as follows:
Project Description
Name Citywide Adaptive Traffic Control System Length n/a
Termini various
Description of Work ✓ No Change
Reason for Supplement
Obligate construction funds. Move system procurement funds from PE to CN,
Are you claiming indirect cost rate? ❑ Yes ✓ No Project Agreement End Date December 31, 2021
Does this change require additional Right of Way or Easements? ❑ Yes ✓ No Advertisement Date: June 30, 2019
Estimate of Funding_
Type of Work (1) 2 (3) (4) '^ (5)
YP () Previous Estimated Total Estimated Agency' Estimated Federal
_
Aareement/Su I. Supplement Project Funds Funds Funds
PE T
ono -
SEE ATTACHED FUNDING TABLE 0.00
;t 0.00
Federal Rid 0 00
Participation c 0.00
Ratio for PE t
e 0.00 0.00 10,00
Right of Wa�yo'f. Agency 0.00
Qther 0.00
Federal Aid 0.00
Participation 'h.Other
Ratio for RW i. State 0.00
N�----- _I
I.- Total RM Cost Estimate t +h-i 0.00 0.00 0.00 0.00 009
Construction ' -- - -
k, Contract 10.00
1.Other 0.00
m. Other-- 0.00
Federal Aid n_ Other 0.00
Participation ; -- . , 0.00
Ratio for CN 'o. A enc
n Ctmho 0.00
_ a. Total CN Cost Estimate (k+l+m+n a 0.00 0.00 j 0.00 0.00 10.00
r..Total. Project Cast Estimate ce+i+a), 0.00 0.00 0.00 ' 0.00 0.00
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a
condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions.
Agency vial Washington State Department of Transportation
By
,-
Title m Ferrell, Mayor bt4ctar. Local Program
Date Executed JUN 2 7 a19
DOT Form 140-041
Page 1
Revised 03/2019
lAgEnCy,
City of Federal Wad 1
Federal .Aid Project Piumkaer lAg eni Number CFDA No. 20, 21
HSIP 0005(464) LA 9897 (Catalog of Federal Domestic Assistance)
Vi. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid
by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation
Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project. The
Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal
Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal
participation in this project.
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws.
The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred
costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead
shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with
the regulations outlined in 2 CFR Part 200 - Uniform Admin, Requirements, Cost Principles and Audit Requirements for
Federal Awards, and retained for audit.
The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government
for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly
allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the
Federal Government (see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine
eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the
State and the Federal Government.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental
auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United
States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of
understanding between WSDOT and FHWA; and 2 CFR Part 200.501 -Audit Requirements.
If upon audit it is found that overpayment or participation•, of federal money in ineligible items of cost has occurred, the
Agency shall reimburse the State for the amount of such overpayment or excess participation.
IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g.,
State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State
within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular
monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be
approved until full payment is received unless otherwise directed by the Director, Local Programs.
Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309).
Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs
incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project
Agreement End Date or they become ineligible for federal reimbursement.
Vill. Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as
well as all applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal
awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in
accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for
ensuring that a copy of the report is transmitted promptly to the State.
XVII. Assurances
Local Agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy
statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities and
services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA).
DOT Form 140-041 Page 2
Revised 03/2019
Federal Aid Nubmer: HSIP-0005(464)
Agreement Number: LA 9097
Project Title : Citywide Adaptive Traffic Control System
Supplement Number: 1
Type of Work
Estimate of Funding
(`)
PREVIOUS AGREEMENT/
SUPPLEMENT
(2)
SUPPLEMENT
(3)
c.ST'PAATED TOTAL
F'RC1JFCT PUNTS
(4)
ESTIMATED
AGENCVFUNOS
(5)
ESTIMATED
FEOERAL FUNDS
P.E. a. Agency:
100.0% b. Consultant
Federal Aid c. Consultant (Prof Svcs Software)
c1. Other (non participating)
d State
e Total PE Cost Est. (a thru e)
$78,600
$78,600
$78.600
$375,540
$375,540
$375,540
$192,127
-$192,127
$95,000
495,000
$8,733
$8,733
$8,733
$750,000
($287,127)
$462,873
$0
$462,873
Right of Way f Agency
% g Other
Federal Aid h Other
Parlicipalion i State
Ratio For RW j Total R1W Cost Est. (f thru i)
Construction k Contract (Traffic Manage. Ctr) CMAQ
CMAQ - 86.5% k1 Contract (System Procurement) CMAQ
HSIP -90% k2 Contract (System Procurement) HSIP
fl a k3 Contract (Sys Proc -Non Part.)
a, k4 Contract (Detection, etc.) HSIP
I: +::• For cN o Consultant (CM) CMAQ
of Consultant (CM) HSIP
o2 Agency (CM) CMAQ
o3 Agency(CM)HSIP
p State,
q Total Const. Cost Est. (k thru p)
$95,000
$95.000
S12,825
$82,175
$844,220
$844,220
$113,970
$730,250
$213,475
$213,475
$21,348
$192,127
$46,099
$46,099
$46,099
$358,333
S358.333
$35,833
$322.500
$20,000
$20,000
$2,700
$17.300
$9,000
$9,000
$900
$8,100
$25,000
$25,000
$3,375
$21,625
$16,000
$16,000
$1,600
$14.400
$10,000
$10,000
$1,350
$8.650
$1,637,127
$1,637,127
$240,000
$1,397,127
r.Total Project Cost Estimate (e+j+q)l
$750,000
$1,350,000
$2,100,000
$240,000
$1,860,000
RETURN TO: PW ADMIN EXT: 2700 ID #: \
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIv: PUBLIC WORKS / 2. ORIGINATING STAFF PERSON: tPS.wc w 11'1 kiR (- EXT: 21 i 1 3. DATE REQ. BY:
3. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G, BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): NrINTERLOCAL
OTHER C-1 �
^a _y 2� rinaa �+— �/lr Tt t�l
4. PROJECT NAME: C 14t,j �A��a� f Alt Qll�rC l Z�/I �"tJ � L1I S (
5. NAME OF CONTRACTOR: OA 5��7AX TjrZW1S OY'��t
ADDRESS: TELEPHONE:
E-MAIL: FAX:
SIGNATURE NAME: TITLE:
6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ArALL OTHER
REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE # BL. EXP. 12/31/ UBI # j / GT , , EXP.
7. TERM: COMME�N`CEMENT DATE: c) Ci �1 Icy, ZO I�I COMPLETION DATE:C. (� �o r
I-Av y Ph� ( h+� cuy) P��I "`'(`At -� C I I J (INCLUDE EXPENSES AND SALES TAX, IF ANY)
8. TOTAL COMPENSATION: $ tc
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY. ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO: rl C
9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
PROJECT MANAGER
DIVISION MANAGER �LC�
DEPUTY DIRECTOR
"[RECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
,SLAW DEPT
10. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: �� COUNCIL APPROVAL DATE: i
11. CONTRACT SIGNATURE ROUTING ('' 7
ENT TO VENDOR/CONTRACTOR DATE SENT: �` ` DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL / DATE SIGNED
❑ FINANCE DEPARTMENT
❑ LAW DEPT
SIGNATORY MAYOR Ol f CTeR)
❑ CITY CLERK 1 /
ASSIGNED AG # AG#
SIGNED COPY RETURNED DATE SENT: 11 df- /7�
❑ RETURN ONE ORIGINAL
COMMENTS:
EXECUTE " " ORIGINALS
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Agency City of Federal Way
Address
33325 8th Ave S
Federal Way, WA 98003
Local Agency Agreement
CFDA No. 20.205
(Catalog or Federal Domestic Assistance)
Project No. H-SfP-oOOS(`i6K)
Agreement No. 7
For OSC WSDOT Use Only
The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code
Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) 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 Citywide Adaptive Traffic Control System
Termini various
Description of Work
Length n/a
The project would provide for the implementation of an adaptive traffic control system, including systems engineering, design,
construction, and implementation. The project would include the Federal Way Urban Center, particularly on S 320th Street and SR
99 and extend southward on SR 99 to include SR 18 and SR 161. (see below for additional description of work).
Project Agreement End Date December 31, 2019 Claiming Indirect Cost Rate
Proposed Advertisement Date [:]Yes Z No
Estimate
of Fundin
(1)
(2)
(3)
Type of Work
SEE ATTACHED
Estimated Total
Estimated Agency
Estimated Federal
FUNDING TABLE
Project Funds
Funds
Funds
PE a. A enc
b. Other
Federal Aid c. Other
Participation
d. State
Ratio for PE
e. Total PE Cost Estimate a+b+c+d
$ 0.00
$ 0.00
$ 0.00
Right of Way
f. Agency
°°
q. Other
Federal Aid
h. Other
Participation
Ratio for RW i• State
'. Total RM Cost Estimate (f.±g+h-Hi
$ 0.00
$ 0.00
$ 0.00
Construction k. Contract
%
1. Other
m. Other
Federal Aid n. Other
Participation
o. A enc
Ratio for CN
p. State
q. Total CN Cost Estimate k+l+m+n+o
$ 0.00
$ 0.00
$ 0.00
r. Total Pro'ect Cost Estimate e '
$ 0.00
$ 0.00
$ 0.00
Age ffic"
By
T' a im Ferrell, Mayor
DOT Form 140-039
Revised 05/2015
Washington S e Department�of�Tnsportatiion
By S.
Director, Local Pr rams
Date Executed JUL 2 5 2017
Page 1
%i Washington state
Department of Transportation
Federal Aid Nubmer : F}S1f _ 000SS(4 6y)
Agreement Number: LA q 09 7
Project Title : Citywide Adaptive Traffic Control System
Type of Work
(3)
ESTIMATED TOTAL
PROJECT FUNDS
(4)
ESTIMATED
AGENCY FUNDS
(5)
ESTIMATED
FEDERAL FUNDS
P.E.
100.0%
Federal Aid
a.
b.
c.
c1.
d
e
Agency:
Consultant
Prof -Services -Software
Other -non participant
State
Total PE Cost Est. (a thru e)
$78,600
$78,600
$375,540
$375,540
$192,127
$192,127
$95,000
$95,000
$8,733
$8,733
$750,000
$95,000
$655,000
Right of Way
%
Federal Aid
Participation
Ratio for RW
f
g
h
i
j
Agency
Other
Other
State
Total R/W Cost Est. (f thru j)
Construction
%
Federal Aid
Participation
Ratio for CN
k
m
n
n1
o
p
q
Contract
Contract (Non -Participation)
Consultant (CM Non Participant)
Consultant(non participant)
Other
State (State Funds)
Total Const. Cost Est. (k thru p)
r.Total Project Cost Estimate (e+j+q)
$750,000
$95,000
$655,000
Construction Method of Financing (Check Method Selected)
State Ad and Award
Method A - Advance Payment - Agency Share of total construction cost (based on contract award)
Method B - Withhold from gas tax the Agency's share of total construction coast (line 5, column 2) in the amount of
at $ per month for months.
Local Force or Local Ad and Award
Method C - Agency cost incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and
as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable
provisions set forth below. Adopted by official action on
Jan 3 , 2017 , Resolution/Ordinance No. 17-712; 17-714 (1/17/17)
Provisions
I. Scope of Work
The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set
forth in detail in the "Project Description" and "Type of Work."
When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the
services described and indicated in "Type of Work" on the face of this agreement, in accordance with plans and specifications as
proposed by the Agency and approved by the State and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform
the work subject to the ordinary procedures of the State and Federal Highway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees
that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents
required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the
State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and
awards the project, the State shall review the work to ensure conformity with the approved plans and specifications.
III. Project Administration
Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the
Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On
Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance
with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries
and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by
employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project.
IV. Availability of Records
All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance
with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of
Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and
Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than
three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or
Federal Government upon request.
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing
by the State for each classification. The classifications of work for projects are:
Preliminary engineering.
Right of way acquisition.
Project construction.
Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show
continuous progress may result the Agency's project becoming inactive, as described in 23 CFR 630, and subject to de -obligation of
federal aid funds and/or agreement closure.
If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the
close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to
the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX).
If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year
following the fiscal year in which the right of way phase was authorized, the Agency will repay to the State the sum or sums of federal
funds paid to the Agency under the terms of this agreement (see Section IX).
DO Form 140-039 Page 2
Revised 05/2015
The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this
project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways,
even though such additional work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated
damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete
the contract within the contract time.
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency
and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part
200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all
costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as
a promise by the State as to the amount or nature of federal participation in this project.
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency
shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the
Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation
unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin
Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit.
The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for
reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to
this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see
Section IX).
1. Project Construction Costs
Project construction financing will be accomplished by one of the three methods as indicated in this agreement.
Method A —The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the
amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact
amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings
from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation
share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will
present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by
either a payment from the Agency to the State or by a refund from the State to the Agency.
Method B — The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its
monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact
amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award.
Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its
participating portion of such billings.
Method C — The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once
per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable
to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be
eligible for Federal participation unless claimed under a previously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this
agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the
Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the
State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible
federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal
Government.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing
standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual
M 27-50, Consultant Authorization, Selection, and Agreement Administration, memoranda of understanding between WSDOT and
FHWA, and 2 CFR Part 200.501 -Audit Requirements.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall
reimburse the State for the amount of such overpayment or excess participation (see Section IX).
Vill. Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all
applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards from all sources
during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provisions of 2
CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted
promptly to the State.
DOT Form 140-039 Page 3
Revised 05/2015
IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g., State force
work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after
the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to
the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless
otherwise directed by the Director, Local Programs.
Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309).
Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior
to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they
become ineligible for federal reimbursement.
X. Traffic Control, Signing, Marking, and Roadway Maintenance
The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project
without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,
signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency
will, at its own expense, maintain the improvement covered by this agreement.
XI. Indemnity
The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense
all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the
Agency's execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract
connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED,
nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to
persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State.
XII. Nondiscrimination Provision
No liability shall attach to the State or Federal Government except as expressly provided herein.
The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-
assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency
shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of
USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT
is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms
shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under
18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S. C. 3801 et seq.).
The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification
thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan,
insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee,
the required contract provisions for Federal -Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines.
The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment
practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local
Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government
which does not participate in work on or under the contract.
The Agency also agrees:
(1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor.
(2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the
State in the discharge of its primary responsibility for securing compliance.
(3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with
a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction
contracts pursuant to the Executive Order.
(4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors
and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the
Executive Order.
In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the
following actions:
(a) Cancel, terminate, or suspend this agreement in whole or in part;
(b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been received from the Agency; and
(c) Refer the case to the Department of Justice for appropriate legal proceedings.
DOT Form 140-039 Page 4
Revised 05/2015
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to
the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within
the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in
accordance with this paragraph.
XIV. Termination for Public Convenience
The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in
part, whenever:
(1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise.
(2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with
respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of
the State with respect to the preservation of energy resources.
(3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining
order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of
persons or agencies other than the contractor.
(4) The Secretary is notified by the Federal Highway Administration that the project is inactive.
(5) The Secretary determines that such termination is in the best interests of the State.
XV. Venue for Claims and/or Causes of Action
For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency
has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the
Superior Court for Thurston County.
XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
The approving authority certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit the Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at
all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which
exceed $100,000, and that all such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
XVII. Assurances
Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration,
Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency
Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with
Section 504 and the Americans with Disabilities Act (ADA).
Additional Provisions
Description of Work (continued): The project would site a traffic control center in City Hall, upgrade communications to support the
system, install closed-circuit surveillance cameras, and implement adaptive control at a minimum of 31 intersections.
DOT Form 140-039 Page 5
Revised 05/2015