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AG 17-181 RETURN TO: PW ADMIN EXT: 2700 ID#: 3 3 O B CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ 5112 CHET 2. ORIGINATING STAFF PERSON: 'fC F F HU Y N F1 EXT: 27;21 3. DATE REQ.BY: 3. TYPE OF DOCUMENT(CHECK ONE): o CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT o GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/CDBG o REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE o RESOLUTION `(j, CONTRACT AMENDMENT(AG#): 11/1 o INTERLOCAL OTHER LOCAL AG,EN CV ACR E 1/1 r J i 4. PROJECT NAME: G K N p(2E-CG 1'-ZiJATIL' N7YZu,1 to GT 5. NAME OF CONTRACTOI OM ADDRESS: TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: TITLE: 6. EXHIBITS AND ATTACHMENTS:0 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,E 12/311 UBI# EXP. / / 7. TERM: COMMENCEMENT DATE: COMPLETION DATE: I " CLINT, 8. TOTAL COMPENSATION:$ (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: o YES 0 NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: o RETAINAGE AGREEMENT(SEE CONTRACT) OR c RETAINAGE BOND PROVIDED o PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED II PROJECT MANAGER 1 -71 cl J 20{k 'DIVISION MANAGER DIRECTO .4/ VDEPUTY DIRECTOR IREODIItECTOR 4&45.;‘-R _ -7/4I/Q o RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT % 1 Ctrif�> I 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTVCCT SIGNATURE ROUTING VWISENTTO VENDOR/CONTRACTOR DATE SENT: 7 lei 1,r) DATE REC'D: o ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS o 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 ❑ L3131-DEPT ` qArIGNATORY(MAYOR OR DIRECTOR) I-a.��,��,`6 §4CITY CLERK /i,/ 7���,�i■ ASSIGNED AG# AG# 1,SIGNED COPY RETURNED DATE SENT: 1 MIIM RETURN ONE ORIGINAL COMMENTS: EXECUTE" "ORI INALS lita(e C G ff t u ye...6e i f 1/2018 i 471` Wastaigton Mato Local Agency Agreement Supplement Department of Transportation ;Agency Supplement Number City of Federal Way 2 Federal Aid Project Number Agreement Number CFDA No. 20.205 NHPP- 1008(004) LA-9187 (Catalog of Federal Domestic Assistance) The Local Agency requests to supplement the agreement entered into and executed on 4/20/2018 All provisions in the basic agreement remain in effect except as modified by this supplement. The change to the agreement are as follows: Project Description Name SW Campus Drive Preservation Project Length 1.5 mi Termini 19th Ave SW to 1st Ave S Description of Work ✓ No Change Reason for Supplement Obligate additional Construction Funds Are you claiming indirect cost rate? ✓ Yes ❑No Project Agreement End Date 05/05/2020 Does this change require additional Right of Way or Easements?L7 Yes ✓ No Advertisement Date:5/30/2018 Estimate of Funding I Type of Work Previous (2) ) Estimated Total Estimated Agency EstimatedFederal Supplement Agreement/Suppl. Project Funds Funds I Funds P86.5 %a.Agency E , 67,751.00 67,751.00 9,146.00 58,605.00 b.Other 119,249.00 19,249.00 119,249.00 i Federal Aid Participation c.Other 0.00 Ratio for PE d.State 3,000.00 1 i 3,000.00 405.00 2,595.00 e.Total PE Cost Estimate(a+b+c+d) 90,000.00 0.00 1 90,000.00 28,800.00 61,200.00 Right of Way 0.00 f.Agency g.Other 0.00 Federal Aid h.Other ! , 0.00 Participation Ratio for RW i.State 0.00 j.Total R/W Cost Estimate(f+g+h+i) 0.00 0.00 0.00 ' 0.00 0.00 Construction k.Contract 988,756.00 988,756.00 133,482.00 855,274.00 86.5 I.Other (Contr.Additional Fund) 439,306.00 439,306.00 59,306.00 380,000.00 m.Other (Contr.Non-participating) 280,174.00 , 61,903.00 342,077.00 342,077.00 Federal Aidn.Other (Testing) 5,000.00 � 5,000.00 ; 675.00 4,325.00 Participation (Ratio for CN o.Agency 33,070.00 33,070.00 4,464.00 28,606.00 p.State 3,000.00 I , 3,000.00 405.00 2,595.00 q.Total CN Cost Estimate(k+l+m+n+o+o) 1,310,000.00 501,209.00 1,811,209.00 540,409.00 1,270,800.00 i r.Total Project Cost Estimate(e'+ ) i 1,400,000.00 I 501,209.00 1,901,209.00 569,209.00 , 1,332,000.00 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. Agenc fficial Washington State Department of Transportation By 7/1, 1 By Title ayor Director, Local Program Date Executed DOT Form 140-041 Page 1 Revised 05/2015 `6 Agency Supplement Number City of Federal Way 2 ;Federal Aid Project Number 'Agreement Number CFDA No. 20.205 NHPP- 1008(004) LA-9187 %(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. VIII. 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 05/2015 0 0 llvals#l�l rState ii, "4.ocal Agency Agreement Supplement WAIF Department of Transportation Agency Supplement Number City of Federal Way 2 Federal Aid Project Number Agreement Number CFDA No. 20.205 NHPP-1008(004) LA-9187 (Catalog of Federal Domestic Assistance) The Local Agency requests to supplement the agreement entered into and executed on 4/20/2018 All provisions in the basic agreement remain in effect except as modified by this supplement. The change to the agreement are as follows: ' Project Description Name SW Campus Drive Preservation Project Length 1.5 mi Termini 19th Ave SW to 1st Ave S Description of Work ✓ No Change Reason for Supplement Obligate additional Construction Funds Are you claiming indirect cost rate? Yes No Project Agreement End Date 05/05/2020 Does this change require additional Right of Way or Easements?I Yes ✓ No Advertisement Date:5/30/2018 Estimate of Funding T e of Work (1) 2 (3) I (4) (5) YP 1 Previous ( ) Estimated Total 1lEstimated Agency Estimated Federal Agreement/Suppl. Supplement Project Funds I Funds Funds PE 86.5 %a.Agency 67,751.00 67,751.00 19,146.00 58,605.00 b.Other 19,249.00 19,249.00 19,249.00 Federal Aid c.Other 0.00 Participation Ratio for PE d.State 3,000.00 3,000.00 405.00 2,595.00 e.Total PE Cost Estimate(a+b+c+d) 90,000.00 0.00 90,000.00 28,800.00 61,200.00 (Right of Way f A enc 0.00 9 Y q.Other 0.00 , Federal Aid h.Other 0.00 Participation Ratio for RW i.State 0.00 j.Total R/W Cost Estimate(f+q+h+i) 0.00 0.00 0.00 0.00 0.00 Construction 988,756.00 988,756.00 133,482.00 855,274.00 86.5 %k.Contract I.Other (Contr.Additional Fund) 439,306.00 439,306.00 59,306.00 380,000.00 m.Other (Contr.Non-participating) 280,174.00 61,903.00 342,077.00 342,077.00 Federal Aid n.Other (Testing) 5,000.00 5,000.00 675.00 4,325.00 Participation Ratio for CN o.Agency 33,070.00 33,070.00 4,464.00 28,606.00 1 p.State 3,000.00 3,000.00 405.00 2,595.00 q.Total CN Cost Estimate(k+l+m+n+o+a) 1,310,000.00 1501,209.00 1,811,209.00 540,409.00 1,270,800.00 r.Total Project Cost Estimate(e+j+a) 1,400,000.00 501,209.00 1,901,209.00 569,209.00 1,332,000.00 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 pr+visions. Agenc fficial Washing •n . - Department , Transportation By 7/1 / By mow• _ Air Title ayor Director, Local rogram Date Executed DOT Form 140-041 JUL 1 7 2018 Page 1 . Revised 05/2015 • • Agency Supplement Number City of Federal Way 2 Federal Aid Project Number Agreement Number CFDA No. 20.205 NHPP-1008(004) LA-9187 .(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. VIII. 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$750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. XVII.Assurances Local Agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act(ADA). DOT Form 140-041 Page 2 Revised 05/2015 RETURN TO: PW ADMIN EXT: 2700 ID#: 5 3 3 3 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ 2. ORIGINATING STAFF PERSON: EXT: 3. DATE REQ.BY: 3. TYPE OF DOCUMENT(CHECK ONE): o CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) o PUBLIC WORKS CONTRACT o SMALL OR LIMITED PUBLIC WORKS CONTRACT o PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT o GOODS AND SERVICE AGREEMENT o HUMAN SERVICES/CDBG o REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) o ORDINANCE 7^(Si ❑ RESOLUTION ( CONTRACT AMENDMENT AG#): I ` o INTERLOCAL ❑ OTHER �/`� �'�j ��,,�! 1 y i� fl I ( �/ 4. PROJECT NAME: !�'CJ iv �1' �I C,S-6"y (}'� C' J C av ` u1/4c, C1 , 5. NAME OF CONTRACTOR: V V ADDRESS: TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: TITLE: 6. EXHIBITS AND ATTACHMENTS:o SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN o REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP. /_/_ 7. TERM: COMMENCEMENT DATE: COMPLETION DATE: S. TOTAL COMPENSATION:$ (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: o YES ❑NO IF YES,$ PAID BY: o CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR c RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED o PROJECT MANAGER o DIVISION MANAGER o DEPUTY DIRECTOR o DIRECTOR o RISK MANAGEMENT (IF APPLICABLE) o LAW DEPT 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING i o SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: o ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,L NSES,EXHIBITS o 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 o FINANCE DEPARTMENT o LAW DEPT / S�IGNATORY(MAYOR OR DIRECTOR) Lill .l ❑'CITY CLERK p ' ASSIGNED AG# AG# \14441 1r�,�1C�' SIGNED COPY RETURNED DATE SENT: 1 4 V' ' ❑RETURN ONE ORIGINAL COMMENTS: EXECUTE" "ORIGINALS 1/2018 1i 1. )$ A VIIn Local Agency Agreement Supplement Department of Transportation Agency Supplement Number City of Federal Way 1 Federal Aid Project Number Agreement Number CFDA No. 20.205 NHPP-1008(004) LA-9187 (Catalog of Federal Domestic Assistance) The Local Agency requests to supplement the agreement entered into and executed on All provisions in the basic agreement remain in effect except as modified by this supplement. The change to the agreement are as follows: Project Description Name SW Campus Drive Preservation Project Length 1.5 miles Termini 19th PI SW to 1st Ave S Description of Work ✓ No Change Reason for Supplement Obligation of Construction Funds Are you claimingindirect cost rate? Yes No Agreement End Date May5,2020 ✓ Project9 Does this change require additional Right of Way or Easements? 1 Yes ✓ No Advertisement Date:May 5,2018 Estimate of Funding Type of Work Previous i (2) Estimated Total I Estimated Agency Estimated)Federal Supplement Agreement/Suppl.I Project Funds Funds I Funds PE 67,751.00 1 67,751.00 9,146.00 158,605.00 86.5 % a.Agency b.Other Agency NonParticipating 19,249.00 19,249.00 19,249.00 Federal Aid 0.00 Participation c.OtherI Ratio for PE d.State 3,000.00 3,000.00 405.00 2,595.00 e.Total PE Cost Estimate(a4'c+d) 90,000.00 0.00 90,000.00 28,800.00 61,200.00 Right of Wayo f.Agency 0.00 g.Other 0.00 Federal Aid h.Other 0.00 Participation Ratio for RW i.State 0.00 j.Total RNV Cost Estimate(f.a+n+i) 0.00 0.00 0.00 0.00 0.00 !C8o6nstructio% k.Contract 988,756.00 988,756.00 133,482.00 855,274.00 I.Other Contr.Non-participating 280,174.00 280,174.00 ' 280,174.00 m.Other Material Testing 5,000.00 5,000.00 ' 675.00 4325.00 Federal Aid n.Other 0.00 Participation Ratio for CN o.Agency 33,070.00 33,070.00 4,464.00 28,606.00 D.State 3,000.00 3,000.00 405.00 2,595.00 a.Total CN Cost Estimate(k+l+m+n+o+o) 0.00 11,310,000.00 1,310,000.00 1419,200.00 890,800.00 r.Total Project Cost Estimate(e+j+n) 90,000.00 1,310,000.00 1,400,000.00 448,000.00 952,000.00 The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a conditio j�to payment ederal funds obligated, it accepts and will comply with the applicable pr.visions. Age cy •fficia Washington S t Department o ransportation s By 4, a tts k........ By Title Mayor Director, Local P 'gram Date Executed APR 2 0 2018 DOT Form 140-041 Page 1 Revised 05/2015 Agency Supplement Number City of Federal Way 11 Federal Aid Project Number 'Agreement Number 1CFDA No. 20.205 NHPP-1008(004) LA-9187 '(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. VIII. 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 05/2015 RETURN TO: PW ADMIN EXT: 2700 ID #: %j 1I CITY OF FEDERAL WAY{ LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT /DIV: PUBLIC WOORKSS1/ ��'1 3 ,, S j 2. ORIGINATING STAFF PERSON: JI + t4 f V ExT: T7 t 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 ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG #): XINTERLOCAL WORKS CONTRACT BOND RELATED DOCUMENTS) ❑ OTHER 4. PROJECT NAMES CA. rn r sDrive- f 5c V h l �J p lJ— \ n T Ayr..., am' 1 C \ 1 5. NAME OF CONTRACTOR: V / O 1 ADDRESS: TELEPHONE: E -MAIL: VYlOi h OVA t1,4. d - DV FAX: SIGNATURE NAME: a / e CiX TITLE: 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / / ❑ ALL OTHER 11 tt 7. TERM: COMMENCEMENT DATE: 11 l g-L I —1 l COMPLETION DATE: ) % I L % 1.1 - 8. TOTAL COMPENSATION: $ CO `/ gOG pL L� (INCLUDE EXPENSES AND SALES TAX, IF ANY) TITLES AND HOLIDAY RATES) $ (IF CALCULATED ON HOURLY LABOR CHARGE A�IACH SCHEDULES OF EMPLOYEES 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 - 424+0mCT M ^ *' e R _ 10 • R Al. DEPUTY DIRECTOR — Z IA DIRECTOR 121%111 ❑ RISK MANAGEMENT (IF APPLICABLE) )y LAW DEPT 10. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING l �J ( j SENT TO VENDOR /CONTRACTOR DATE SENT: ` I b) 1/ l n DATE REC'D: 11 `"" ` 1I ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS VREATE 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 INITIAL / DATE SIGNED IS NEEDED.) EFw-1 PT SIGNATORY (MAYOR 1 b 1, ❑ CITY CLERK 2 1 111 WO s AG# AG 11181 ,ASSIGNED SIGNED COPY RETURNED DATE SENT: Z I ����'�_ 6 ❑ RETURN ONE ORIGINAL 1 % COMMENTS: EXECUTE " " ORIGINALS NoA vtvi a "ad EP I-Aw or 4o exec IA+ , dt . fir 4/2017 Washington) State WAIF Deft of Transportation 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. Nit PP- loot (0°4 Agreement No. 9 ii? 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 Govemment shall be the responsibility of the Local Agency. Project Description Name SW Campus Drive Preservation Project Termini 19th Ave SW to 1st Ave S Description of Work Planing, pavement repair, asphalt overlay, replace signal loops, pedestrian push button upgrade, and upgrade curb ramps. Length 1.5 mi Project Agreement End Date 12/31/2019 Proposed Advertisement Date Claiming Indirect Cost Rate Yes ✓ No Type of Work Estimate of Funding (1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated Federal Funds PE a.Agency 67751 9146 58605 % 86.5 �0 b. Other Agency Non Participating 19249 19249 Federal Aid c. Other Participation d. State 3000 405 2595 Ratio for PE e. Total PE Cost Estimate (a4b4c4d) 90,000.00 28,800.00 61,200.00 Right of Way f. Agency g. Other Federal Aid h. Other Participation Ratio for RW i. State j. Total RNV Cost Estimate (f+o+h i) 0.00 0.00 0.00 Construction k. Contract I. Other m. Other Federal Aid n. Other Participation o. Agency Ratio for CN p. State q. Total CN Cost Estimate (k4i nw o4p) 0.00 0.00 0.00 r. Total Project Cost Estimate (e+i a) 90,000.00 Washinaton State 28,800.00 Department of 61,200.00 ftansoortation Aaencv Official -, /I By Title May DOT Form 140 -039 Revised 05/2015 /v7/-1/1 By Director, Local Pr i grams Date Executed NOV 02 2017 Page 1 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 hte federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on September 19 , 2017 , Resolution /Ordinance No. 17 -725 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 1. Preliminary engineering. 2. Right of way acquisition. 3. 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 Harm 140 -039 Page 2 Revised 05/2015 XUI. 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 DOT Form 140 -039 Page 5 Revised 05/2015