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AG 19-152 - WSDOT RETURN TO: PW ADMIN EXT: 2700 ID#: 3968 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLICWORKS/CAPITAL PROJECTS 2. ORIGINATING STAFF PERSON: CHRISTINE MULLEN EXT: x2723 3. DATE REQ.BY: 17-Sep-2021 3. TYPE OF DOCUMENT(CHECK ONE): O 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#): 19-152 ❑ INTERLOCAL 0 OTHER Supplement#1 a. PROJECT NAME:36219: Pacific Hwy Non-Motorized Corridor 5. NAME OF CONTRAC'I'OR:WSDOT ADDRESS: TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: 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 DATE: Upon execution COMPLETION DATE: 31-Dec-2025 8. TOTAL COMPENSATION:$1,275,000 (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- 0 PROJECT MANAGER cjm 14-Sej�2021 8 DIVISION MANAGER SLH 9/15/2021 DEPUTY DIRECTOR DSW 9/15/21 DIRECTOR OP ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT _- 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: .2- 0 k COMMITTEE APPROVAL DATE SCHEDULED COUNCIL DATE: L) 1 COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: Io Lu DATE REC'D; 1 010 ❑ 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 EPT NATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK to IQ O ❑ ASSIGNED AG# AG ,9' A Cl SIGNED COPY RETURNED DATE SENT: w[af 1.a COMMENTS: EXECUTE"1 "ORIGINALS WSDOT form-We cannot make changes City signs before WSDOT 1/2020 RETURN TO: PW ADMIN EXT: 2700 ID#: 3968 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORMS/CAPITAL PROJECTS 2. ORIGINATING STAFF PERSON:CHRISTINE MULLEN EXT: x2723 3. DATE REQ.BY: 17-Sep-2021 3. TYPE OF DOCUMENT(CHECK ONE): O 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#): 19-152 ❑ INTERLOCAL • OTHER-aurmlernentll 4. PROJECT NAME:36219: Pacific Hwy Non-Motorized Corridor 5. NAME OF CONTRACTOR:WSDOT ADDRESS: TELEPHONE: E-MAIL: FAX. SIGNATURE NAME: 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 DATE.-Upon execution COMPLETION DATE: 31-Dec-2025 8. TOTAL COMPENSATION:$1,275,000 (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: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER cjm 14-Sep-2021 8 DIVISION MANAGER SLH 9/15/2021 ❑ DEPUTY DIRECTOR DSW 9/15121 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT KVA9/17/2021 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'I): ❑ 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 ❑ ASSIGNED AG# AG# ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: EXECUTE"1 "ORIGINALS WSDOT form-We cannot make changes.City signs before WSDOT 1 i�0?t7 AM Washirt-ogton Sli atc wo ©epartp-ne t of Transportation Local Agency Agreement Supplement Agency Supplement Number City of Federal Way 01 Federal Aid Project Number Agreement Number CFDA No. 20.205 STPUL-0099(145) LA 9620 (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 Pacific Highway Non-Motorized Corridor-16th Ave S(S 308th Street to S 288th Stre Length 1.2 Miles Termini S 308th Street to S 288th Street Description of Work ✓ No Change Reason for Supplement Addition of ROW Phase and Funds 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 [7]No Advertisement Date Estimate of Funding (1) 2) (3) (4) (5) Type of Work Previous (Supplement Estimated Total Estimated Agency Estimated Federal Agreement/Suppl. Project Funds Funds Funds PE 100,000.00 100,000.00 13,500.00 86,500.00 86.5 %a.A n _ -- - - b.Other Consultant 530,838.00 530,838.00 71,663.00 459,175.00 Federal Aid c.Other Agency Non Participating 64,162.00 64,162.00 64,162.00 Participation 5,000.00 5,000.00 675.00 4,325.00 Ratio for PE d.State e.Total PE Cost Estimate a+b+c+d 700,000.00 0.00 700,000.00 150,000.00 550,000.00 Right of Way f A enc 582,923.00 582,923.00 78,695.00 504,228.00 g,other Consultant 255,228.00 255,228.00 34,456.00 220,772.00 Federal Aid h.Other Agency Non Participating 1,248,282.00 1,248,282.00 1,248,282.00 Participation ---- 0.00 Ratio for RW i.State '.Total R/W Cost Estimate f +h-; 0.00 2,086,433.00 2,086,433.00 1,361,433.00 725,000.00 Construction%k.Contract 0.00 1.Dthqr 0.00 m.Other 0.00 1 Federal Aid 0.00 Participation 'n other Ratio for CN o.A enc 0.00 State 0.00 Total CN Cost Estimate +m+n+o 0.00 0.00 0.00 0.00 0.00 r_Total Project Cost Estimate re+j+oi 700,000.00 2,086,433.00 2,786,433.00 1,511,433.00 1,275,000.00 The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions. Agency,Official Washington State By, 7 a/ Department of Transportation Y q By ❑trectaF Local Program Title Jim Ferrel, Mayor Date Executed DOT Form 140-041 Page 1 Revised 12/2020 MPW,aspoingtoui State Local Agency Agreement Departnieait of Tb,,ansportation g Y g eementt Supplement Agency ISupplement Number City of Federal Way 01 Federal Aid Project Number Agreement Number CFDA No. 2i3.205 STPUL-0099(145) lA 9620 �(Calalog 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 Pacific Highway Non-Motorized Corridor-16th Ave S(S 308th Street to S 288th Stre Length 1.2 Miles Termini S 308th Street to S 288th Street Description of Work ✓ No Change Reason for Supplement Addition of ROW Phase and Funds Are you claiming indirect cost rate? L7Yes ✓ No Project Agreement End Date December 31,2025 Does this change require additional Right of Way or Easements?0 Yes _1 No Advertisement Date Estimate of Funding_ Type of Work (t) 2 (3) (4) ^� (5) YP Previous Supplement Estimated Total Estimated Agency Estimated Federal PE A reement/Su I. Funds Project Funds Funds 86.5 a.A en 100,000.00 100,000.00 13,500.00 86,500.00 Federal Aid t.% Oth Consultant 1 530,838.00 530,838.00 71,663.00 459,175.00 Participation c Other Agency Non-Participating 64,162.00 64,162.00 64,162.00 Ratio for PE d.State 5,000.00 5,000.00 675.00 4,325.00 86.5 % e. o al E Cost Estimatea+h +d 700,000.00 0.00 700,000.00 150,000.00 550,000.00 Right of Way �f.Agen 582,923.00 582,923.00 78 695.00 504 228.00 Federal Aid a.Other Consultant 255,228.00 255,228.00 34,456.00 220,772.00 h.01ter Agency Non Participating 1,248,282.00 1,248,282.00 1,248,282.00 Participation Ratio for RW I.Statt 0.00 i.Total R/W Cost Estimate(f+a�1,+11 0.00 2,086,433.00 2,086,433.00 1,361,433.00 725,000.00 Construction p� Contract 0.00 LOAher 0.00 m,p er 0.00 rederal Aid n.Other 0.00 Participation Raffia for CN O.A Eency 0.00 State 0.00 tal CN Cost Estimate 0.00 o.00 0.00 0.00 0.00 ;r_Total Prof,ct CoSt E§timgga 700,000.00 2,086,133.00 2,786,433.00 1,511,433.00 1,275,000.00 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. Agee Official Washington Stats Dy (L/l 7/�� Department of Transportation Ste n h a n e Iiyitally signed by l By Director, Local Program f�' Stephanie Tax Tit Jim Ferrel, Mayor Date Executed Tax Date:2021.09.22 7 4:53:41-07'00' DOT Form 140-041 Page 1 Revised 12/2020 Agency (Supplement Number City of Federal Way 1101 Federal Aid Pro ect Number Agreement plumber CFDA No. 20.205 STPUL-0099(145) LA 9620 _ (Catalog of Federal Domestic Assistance) Vl. 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). Vll.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 12/2020 Local Programs Authorization Package Checklist Agency: City of Federal Way Project Title: Pacific Highway Non-Motorized Corridor-16th Ave S(S 3081h St to S 2881h St) Fed Aid/State Project#: 0099(145) By Phase(check all that apply) Funding Request PL PE RW CN New Phase Authorization Increase/Decrease Region HQ Other: Agency Check Check 9 1 r. Project Prospectus(DOT Form 140-101) LAG Chapter 21 Are all three pages included? Does information(title,termini,description,RW needs,cost,etc.)agree with STIP/LAA/NEPA-CE? Is the project description written such that the project scope is clear to all? Are pages 1 and 3 signed? Is page 1 signed by a CA Agency? If not,indicate below which Agency will serve as CA. CA Agency: Are the Latitude and Longitudes included and correct? Are Congressional and Legislative Districts filled out and correct? Project Zip Code includes the+4? Are estimated costs included for all phases of the project? Are the Functional Classification and Urban/Rural designation correct? Are the Right of Way,Utilities,and Railroad sections filled out? Typical Sections&Vicinity Map-LAG Chapter 21 Are the Vicinity Map(s)and Roadway Section(s)included? Can someone unfamiliar with the project's location easily tell where it's located using the vicinity map? Are the project limits clearly marked on the map? Does the section include all elements,with dimensions,of the roadway prism? Are section changes,if applicable,throughout the project limits noted/displayed? STIP/Funding Documentation-LAG Chapter 12 Is the currently approved STIP page included? X Does STIP information(termini,description,etc.)match the LAA and Prospectus? X Are phases being authorized included in the STIP? ;X Is funding from all requested programs shown in the STIP? X Are the requested funds supported by the STIP? X If funded through a HQ managed program(ex.Bridge,Demo),is the award letter included? Local Agency Agreement(DOT Forms 140-039&1.40-041)-LAG Chapter 22 Is at least one LAA or LAA supplement with an original signature included? X Current form used?(check revision date at bottom left) X All pages of Agreement included? X Are the Agency information,Project#,LAA#,Supplement#,and date of original agreement execution correct? X Does project information(title,termini,length,description,etc.)agree with STIP/Prospectus/NEPA-CE? X Is the reason for supplement accurate and up to date? �{ Is the Project Agreement End Date(month,day,and year)included? Does it follow LAG guidance? X When not authorizing a new phase,is the end date the same as shown on the previous agreement[ If not,is adequate justification(see LAG 22.3)included to support changing the end date[ Is the Advertisement Date(month,day,and year)included?Is it within 6 weeks of estimated CN authorization? If the indirect cost rate box is checked'Yes',is the rate provided in the funding package? If corrections made,are they initialed?If made by WSDOT is permission from Agency provided? Are funding amounts calculated correctly? > Are the federal aid participation ratios correct,and are the requested federal amounts being maximized? X Authorization Package Checklist(6/8/17) WSDOT/Local Programs 1 of 2 Local Programs Authorization Package Checklist Agency: City of Federal Way Project Title: Pacific Highway Non-Motorized corridor-18th Ave S(S 308th St to S 288th St) Fed Aid/State Project#: 0099(145) By Phase(check all that apply) Funding;Request PL PE RW CN New Phase Authorization Increase/DecreaseP E I P Region HQ Other: Agency Check Check Documented Cost Estimate-LAG 22.4 and Appendix ZZ.56 Is a Documented Cost Estimate included for each phase requesting/changing funds? Are total dollars on the LAA supported by the phase estimates? X Does the estimate sufficiently demonstrate how the costs were determined? If historical percentages are used for PE/CE estimates,are the percentages reasonable and supported? Right of Way-LAG Chapter 25 If authorizing RW,is a PFE or true cost estimate included? Does the PFE/true cost estimate support RW amounts shown on the LAA? X If authorizing RW and Relocation is required,is the signature page of the approved Relocation Plan included? If authorizing CN,is the HQ approved RW Certification included? Environmental.Documentation/Approval(NEPAJ-LAG Chapter 24 Is an approved NEPA package(at least signature page)included? X Does the description of work match the Prospectus/LAA/STIP? x Is the footprint of the project within the limits of the NEPA approval? X Do the NEPA-CE Part 3 RW responses agree with the STIP and Prospectus? X Is the approval date within the last 3 years? T If approval is older than 3 years,has the approval been re-evaluated by the Environmental group? DBE Goals-LAG Chapter 26 If the submittal is for CN,is the DBE goal letter/e-mail included,or are the goals in SPORT? If construction by Local Forces,is the approved PIF included or noted in SPORT? R R F PROJECT NOTES(Provide additional information or explanation as necessary) Authorization Package Checklist(6/8/17) WSDOT/Local Programs 2 of 2 Fee Proposal Pac Hwy Non-Motorized Corridor Exhibit D-2 Amendment 2 - Fee Estimate Summary 7/14/2021 KPFF Furtado HWA HBE RES Group NW FB.P Total Cost Description I _ Task Al Project Management&Coordination S 3.719.44 S 3,719.44 Task A2 Survey S 26.762.00 S 26.762.00 Task A3 Environmentai[Perrniaing S S Task A4 JGeotechnical Engineering $ $ Task A5 Landscaping $ $ Task A6 Civil Engineering $ 5,384.64 S 5.384.64 Task A7 Structural Enalneerin $ S Task All Right-of-Way $ 55,044.00 S 55.044.00 Task A9 Traffic Engineering $ S Task Al ConstructabilitylPhasin Cost Est. $ S Total Direct Cost try Firm $ 9,104.08 $ 26.762.00 $ $ $ 55,044.00 $ $ 90,910.08 Overhear Rate 140.71% 155 83% 175.44% 137.25% 57.70% 171.91 Overhead Cost S 12.810 35 $ 41,703.22 $ $ $ 31,760.391 S J$ 86,273.96 Fee _ 30% 1 30% 30% 1 30% 30% 30 ............ Fee Cost S 2.731.221$ 8,028.60 1 S I S $ 16.513 20 1 $ $ 27,273.02 Total Cost 1$ 24,645.651 S 76,493.82 $ I $ I S 103,317.59 $ $ 204,457.07 Reimbursable Costs by Firm S S S I $ I S 50,770.00 1 S - S 50,770.40 SUbtetal S 24,645.65 1 S 76.49182 1 S S $ 154,087.59 $ $ 255,227.07 Management Reserve I I I$ Total Estimated Budge! I 1 1$ 255,227.07 Original Fee S 697.139.79 Fee(with Amendment 1) $ 790,332.66 Fee(with Amendment 2) S 1,045,559.73 Percents is Firm Fee % UDBE KPFF S 473.196.23 45% 0% LIN $ 176,139.34 17% 17% UDBE HWA S 69226.04 7% 7% UDBE HBB S 65,242.89 6% 0% RES S 180 17% 17% UDBE FP S ill,085.34 66 90 8% 0 Total $ 1,045,559.73 100% 41% 9%Min Page 1 of 1 n� 8 s. � . y = - CE - qv� iq Y a U _ e c I' N �' E o "wa� �' u� H...•� N N�+ H .¢sue uai n .¢n' I.. I. "i a a 3 E y I I I ¢¢ . C + I[ N N Q a Hk N o9oa Nr ¢ a o � aarc 4� o I � m n _ I i N .7 I o E 0 vdjC w N b 6 O ¢T e> I E w _ .. Q E LL w r9 »M N is of d n 1 - �0E s 8- aLL e _ 3 - L sr E E 'w e H X« E E° �� eb b nj (7 C1 V• G b �.. - _ F�c `° 6 f — y m a ow 0980o da° ryry o 1 0R Fl N$n�N w vs 4' N N N }.r �z °Z � \ U)-Cz � \ \ § o / 3 cm Ln 0 \ /k/ / � k Cl Cl LL / t o CD \ \ k00 ) { LL I w� � $\ ] f\ @ 2 00 E\ a g [/ O 0 ) 0 « /f 2 A Ef LL m 04 z k{ § 2 U) 0 2 m U) 0) ! § § � 2 F- + Q § § _ §=f / LL ■� ` (A / ■� 7 §)\ k o Z � /} )U E « mom § oe= . / co CL CD w/ § U) 2 ca� � 22 \ �k j �° o � a 0 uo w �f 2 =# M 2 / � E— ) U) 2 / 75 \/ U) 2 mk\/} L _ a �$ 0 a§ CD \ \fkf }§ R U) § K0 E E ) ¥ = 2 k o p © _ ■e CL f } I -00 E L LU o £ - ) \ CD LO ;IL ■ G & 22 8 ; f=( B u « § m k g 3 w �z ° « \ kU \ \ \/(16 I Lfu o 0- 0 ,- riftlasningto$i State NEPA Categorical Exclusion Department of Transportation Documentation Form Federal Aid Project Number NEPA Start Date Intent of Submittal STPUL-0099(I45) 2/3/2021 ❑Preliminary Z Final ❑Re-Evaluate Agency Project Title City of Federal Way Pacific Hwy/16th Ave S Non-Motorized Corridor County King Beginning terminus: S 304th St,Federal Way Township(s) 21N Ending terminus: S 2 8th St Federal Way Range(s): 04E Miles: Anaroxirnately I mile Section(s): 05,08 Part 1 - Project Description (Attach Vicinity Map) Construction of a shared-use path along the Pacific Hwy S corridor from S 308th St to S 288th St. The non-motorized improvements will consist of a path/trail that for portions of the alignment will parallel the roadway and portions will be located within the (partially unopened) right-of-way for 16th Ave S. The segments of the trail located off-roadway will include pedestrian-scale illumination for safety. This project is being constructed to provide for improved non-motorized facilities which results in safer non-motorized access along the corridor. Part 2-Categorical Exclusion &STIP • Identify one CE from 23 CFR 771.117(CE Guidebook-Appendix A)that fits the entire project (c)(3) Bicycle/Ped.Lane e Per 23 CFR Part 452(I)identify the subsequent project phase identified on the STIP? ✓❑ROW❑Construction e Attach a copy of the STIP page to the CE documentation form. D1glWy signed by EJ Walsh,PE NEPA A Approval Signatures Digitally signed by DN:o-us, pp gna Melanie Vance E=ej yalshe Federal Way,OUay can O•Cily of Federal Way,OU=Public �7 Date:2021.05.27 16:40:48 Work,DireUcr LNJ Walsh,PE" 5/2 //2 O 2 1 -07'00' DM:2021 U52 =E710:08:07-07'00' Local Agency Approving Authority Date Local Programs Environmental Engineer Date � -� Digitally signed by Mehrdad Moini,PE CE per PA Date:2021.05.27 15:14:50-07'00' P 5/27/21 Regional Local Programs Engineer Date Federal Highway Administration Date Completed By(Print Official's Name) Telephone(include area code) E-mail Address DOT Form 140-100 Revised 8/2020 Puget Sound Regional Council 1011 WESTERN AVENUE. SUITE 500\\\SEATTLE,WA 98104.1035 11�.psrc.org\\\206.464.7090 October 29, 2020 The Honorable Jim Ferrell City of Federal Way 33325 8th Ave S Federal Way, WA 98003 Dear MaydX.,Ferrell: 4 V-11- Congratulations! I'm pleased to let you know that the City of Federal Way is receiving $1,325,000 in PSRC funding for the following project(s): PROJECT AWARD FUNDING FUNDING AMOUNT SOURCE DEADLINE Pacific Highway Non-Motorized Corridor - 16th Ave S (S 308th St to S 288th Sty $725,000 FHWA June 1, 2023 Military Road South Preservation Project $600,000 FHWA June 1, 2023 The PSRC Executive Board voted in October to award federal funds to priority projects that will improve local and regional mobility. Final approval by the Governor and federal funding agencies is expected in early 2021. The projects are part of a $4.3 billion Regional Transportation Improvement Program for 2021-2024. This program includes transit expansion and maintenance projects, state highway improvements, bicycle and pedestrian facilities, and investments in city and county roads. Your project(s) performed well in PSRC's merit-based project selection process, which identifies priority projects that will improve local and regional mobility and help achieve our long-range Regional Transportation Plan. Kudos to you and your staff for securing this funding. I also wanted to acknowledge the difficult times we're all living through and thank you and your team for continuing to provide essential services to your community and keep everyone safe during this public health emergency. I look forward to continuing to partner with you on efforts to help the region recover and thrive for the long term. Sincerely, ✓ Josh Brown Executive Director, Puget Sound Regional Council cc: EJ Walsh, P.E., Public Works Director Adw Washington State Transportation Building VAr Department of Transportation 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 September 30,2021 Mr. Edward Walsh Public Works Director City of Federal Way 33325 8`'Avenue South Federal Way, Washington 98003 City of Federal Way Pacific Highway/16`h Ave S. Non-Motorized Corridor STPUL-CM-0099(145) FUND AUTHORIZATION Dear Mr. Walsh: We have received FHWA fund authorization, effective September 24,2021, for this project as follows: PHASE TOTAL FEDERALSHARE Right of Way $2,086,433 $725,000 As a condition of authorization,you must show continuous project progress through monthly billings, until your project is complete. Failure to show continuous progress may result in your project becoming inactive per 23 CFR 630.106(a)(5)and subject to de-obligation of all federal funds and agreement closure. Enclosed for your information and file is a fully executed copy of Supplement Number 1 to Local Agency Agreement LA-9620 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. FHWA requires projects utilizing federal funds for preliminary engineering or right of way to advance to construction. If this project is unable to proceed to construction,any expended federal funds must be repaid. WSDOT authorization to proceed with construction is contingent upon receipt of your Right of Way Certification. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincerely, SE&PAuuue-T"a x 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: 2700 ID#: .5 5"1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/DIv: PUBLIC WORKS/ ORIGINATING STAFF PERSON: SARAH HAMEL EXT:2720 3. DATE REQ.BY:8/5/19 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#): ❑ INTERLOCAL X OTHER WSDOT LAG LA-9620 I. PROJECT NAME:PACIFIC HIGHWAY NON-MOTORIZED CORRIDOR i. NAME OF CONTRACTOR: S T ADDRESS: ° E TELEPHONE: 3(4 :7o,5'76,la E-MAIL: ` FAX: SIGNATURE NAME: j2h(Ir1I TITLE: J Lo U P ettj 'r i. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMFNTS!C'ERIfF[(':TI'E ❑ LL OTIFER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL EXP. 12/31 UBI# EXP. I I '. TERM: COMMENCEMENT DATE: ` �� COMPLETION DATE: I ( f'e �. 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: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT)OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: �. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER DIVISION MANAGER DEPUTY DIRECTOR DIRFC TOR ❑ RISK MANAGEMENT (IF APPLICABLE) LAW DEPT O. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 1. CONTRACT SIGNATURE ROUTING ❑ 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 X LAW DEPT ❑ SIGNATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK X ASSIGNED AG# AG ❑ SIGNED COPY RETURNED DATE SENT: ti ❑RETURN ONE ORIGINAL :OMMENTS: EXECUTED W SDOT LAG.PLEASE REVIEW AND ASSIGN AG# vim x Washington State Transportation Building Department of Transportation P.O.Maple Park Avenue S.E. � p P.OBox 47300 Olympia,WA 98504-7300 360-705-7000 TTY: 1-800-833-6388 www.wsdot.wa.gov July 18, 2019 Mr. Edward Walsh Public Works Director City of Federal Way 33325 8th Avenue South Federal Way, Washington 98003 City of Federal Way Pacific Highway/16th Ave S. Non-Motorized Corridor STPUL-0099(145) FUND AUTHORIZATION Dear Mr. Walsh: We have received FHWA fund authorization, effective July 17, 2019, for this project as follows: PHASE TOTAL FEDERAL SHARE Preliminary Engineering $700,000 $550,000 As a condition of authorization you must show continuous project progress through monthly billings, until your project is complete. Failure to show continuous progress may result in your project becoming inactive per 23 CFR 630.106(a) (5) and subject to de-obligation of all federal funds and agreement closure. Enclosed for your information and file is a fully executed copy of Local Agency Agreement LA-9620 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 agreement 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. FHWA requires projects utilizing federal funds for preliminary engineering or right of way to advance to construction. If this project is unable to proceed to construction, any expended federal funds must be repaid. WSDOT authorization to proceed with right of way and/or construction is contingent upon receipt and approval of your environmental documents. WSDOT authorization to proceed with construction is contingent upon receipt of your Right of Way Certification. Edward Walsh Public Works Director City of Federal Way Pacific Highway/16th Ave S. Non-Motorized Corridor July 18, 2019 You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincerely,r Stephanie ax Manager, Program Management Local Programs STJg:ml Enclosure cc: Mehrdad Moini, Northwest Region Local Programs Engineer, MS NB82-121 Washington State t Department of Transportation Local Agency Agreement Agency City of Federal Way CFDA No. 20.205 (Catalog or Federal Domestic Assistance) Address 33325 8th Ave SProject No. 5`T P UL--0 Federal Way,WA 98003 LA 9620 Agreement No. 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)2 CFR Part 180-certifying that the local agency is not excluded from receiving Federal funds by a Federal suspension or debarment, (5)the policies and procedures promulgated by the Washington State Department of Transportation, and (6)the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State,subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Pacific Highway Non-Motorized Corridor- 16th Ave S (S 308th St to S 288th St) Length 1.20 Termini :5 30$th SI;- J-O S 2$$+h S} 'SOL— Description of Work See attached Project Agreement End Date December 31,2024 Claiming Indirect Cost Rate Proposed Advertisement Date ❑Yes ✓ No Estimate of undin Type of Work (�) (2) (3) Estimated Total Estimated Agency Estimated Federal _ Project Funds Funds Funds PE ° a.Agency 1 100,000.00 13,500.00 86,500.00 86.5 /0 h,Other Consultant 530,838.00 71,663.00 459,175.00 Federal Aid c.Other Agency Non-Particpaung 164,162.00 64,162.00 Participation d Slate 5,000.00 675.00 4,325.00 Ratio for PE e.Total PE Cost Estimate(a+b+c+d) 700,000.00 150,000.00 550,000.00 Rigl,t or'y'av r Agency OX Federal Aid 9 Other - - ...._u, Participation h.Other _ Ratio for RW i.State Total s'm +tt+i 0.00 0.00 0.00 Construction k.Contract I. Other m.Oth er Federal Aid n Other Participation Ratio for CN o.Agency p.State a.Total CN Cost Estimate(k+l+m+n+o+ 0.00 0.00 0.00 r,Total Project Cost Estimate(e+,i+a) 1700,000.00 150,000.00 550,000.00 Agency icial Washington t e Departures of Transportation By Title Director, �rograms-� JUL 1 1' 20 19 tin Ferrel,Mayor Date Executed DOT Form 140-039 Page 1 Revised 03/2019 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 January 2 2019 Resolution/Ordinance No. 19-747 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). DOT Form 140-039 Page 2 Revised 03/2019 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). 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. DOT Form 140-039 Page 3 Revised 03/2019 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 60 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 Il, 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 03/2019 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 DOT Form 140-039 Page 5 Revised 03/2019 PROJECT DESCRIPTION Construction of a shared use path along the Pacific Highway S corridor from S 308th St to S 288th St. The non-motorized improvements will consist of a path/trail that for portions of the alignment will parallel the roadway and portions will be located within the (partially unopened) right-of-way of 16th Avenue S. The segments of the trail located off-roadway will include pedestrian-scale illumination for safety. �Y = 1=�De, ZA- A 61\1 � WAV COP-?- I .Doi FA D o of g 14-5)