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AG 19-248 - WSDOT RETURN TO: PW ADMIN EXT: 2700 ID#: 4001 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: PUBLIC WORKS Capital 2. ORIGINATING STAFF PI IIS pry; John Mulkey _ EXT.,w2722 3. DATE REQ.BY: 1 /22/21 3. TYPE OF DOCUMENT(CHECK ONE): 13 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/CG REAL ESTATE DOCUMENT 13 SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ORDINANCE SOLUTION CONTRACT AMENDMENT(AG#): 19-248 0 INTERLOCAL OTHER Local Aoency Agreement SUD ...l_erT� IT 4. ROJECTNA E: Lakota Middle School - SW Dash Point Road - Safe Routes to School 5. NAME OF CONTRACTOR: WSDOT Local Programs _. ....... ....... ADDRESS: ....... __ TELEPHONE:µ E-MAIL: FAX: SIGNATURE NAME: ..._..-_ TITLE:_ 6. IITS AND ATTACHMENTS: SCOPE,WORK OR SERVICES COMPENSATION INSURANCE QUIREMENTS/CERTIFICATE 13 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN REQUIRED LICENSES PRIOR CONTRACT/AMENDMENTS CFW LICENSE#mmmITITmm_wwwwwww_.- BL,EXP. 12/31/ UBI# I EXP. 7. TERM: COMMENCEMENT DA 6 E-TSD a'w` COMPLETION DATE: 12/31/25 8. TOTAL COMPENSATION:$1350,000 t0 Clty _ (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: YES 0 NO IF YES,MAXIMUM DOLLAR AMOUNT: $ _ IS SALES TAX OWED: 13 YES 13 NO IF YES,$� .. _. PAID BY: 1 CONTRACTOR CITY TAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED Cl PURCHASING: PLEASE CHARGE TO: 306. 400.204.333.20.050 9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWEDwwwwwww INITIAL/DATE APPROVED PROJECT MANAGER JRM-10-20-21 _.. ............_._ _........ DIVISION MANAGER SLH 10/20/2021 DEPUTY DIRECTOR ®Sw 10/20/21 ..........._. DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) LAW DEPT K. _ _.........._. ._..__.... VA 10/20I2021 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: 2/4/19 COMMITTEE APPROVAL DATE: 2/4/19 SCHEDULED COUNCIL DATE: 2/19/19 COUNCIL APPROVAL DATE: 2/19/19 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 10/26/21 DATE C'D:11/12/21 . ❑ ATTACH: SIGNATUREAUTHORITY, INSURANCE CERTIFICATE,LICE NSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION 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 _. y u / 111��,g ❑ ASSIGNED AG# AG# I ❑ SIGNED COPY RETURNED DATE SENT: IT COMMENTS: EXECUTE" 1 ORIGINALS City Signs First-State forms,cannot be changed by City I/2020 AM � Washington State Local A enc Agreement Su lement '!, Department of Transportation 9 y 9 PP (Agency Supplement Number City of Federal Way 1 Federal Aid Project Number Agreement Number CFDA No. 20.205 SRTS-9917(033) LA-9750 (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 Lakota Middle School-SW Dash Point Road-Safe Routes to School Length 0.30 Termini 21stAve SW to SW 312th Street Description of Work ✓ No Change Reason for Supplement Obligation of Construction funding Are you claiming indirect cost rate? Yes V/ No Project Agreement End Date 12/31/2025 Does this change require additional Right of Way or Easements? Yes ✓ No Advertisement Date: 11/12/2021 Estimate of Funding- _.. -... (1) 2 (3) (4) (5) TyP e of Work Previous Supplement ' Estimated Total Estimated Agency Estimated Federal _ A reement/Su I. Project Funds Funds Funds PE a Agency 115,000.00 115,000.00 115,000.00 100 %b.Other Cosnultant particpating 19,000.00 19,000.00 19,000.00 ,Federal Aid c.Other Agency non-participating 31,000.00 31,000.00 31,000.00 Participation 5,000.00 5,000.00 5,000.00 Ratio for PE d•.State_ e.Total PE Cost Estimate fa+b+c+dl 170,000.00 0.00 170,000.00 31,000.00 139,000.00 Right of Wayo f enc 0.00 g.Other 0.00 Federal Aid h. Other 0.00 Participation iRatio for RW i.State 0.00 j.Total RAN Cost Estimate f+ +h+; 0.00 0.00 0.00 0.00 0.00 Construction k.Contract 1,149,271.00 1,149,271.00 1,149,271.00 100 %I Other contract non-participating 669,293.00 669,293.00 669,293.00 m.Other Consultant 270,000.00 270,000.00 270,000.00 Federal Aid n.Other Consudant Material Test 30,000.00 30,000.00 30,000.00 Participation 56,729.00 56,729.00 56,729.00 Ratio for CN o-A enc p.State 5,000.00 5,000.00 5,000.00 Total CN Cost_Estimate-(k+i+m+n+o+o) 0.00 2,180,293.00 2,180,293.00 969,293.00 1,211,000.00 r.Total Project Cost Estimate e+•+ ) 170,000.00 1 2,180,293.00 ' 2,350,293.00 1,000,293.00 1,350,000.00 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 fficial Washington State By Department of Transportation By Director, Local Program Titl im Ferrell, Mayor , 7,0'; Date Executed DOT Form 140-041 Page 1 Revised 12/2020 Agency Supplement Number City of Federal Way 1 Federal Aid Project Number Agreement Number CFDA No 20.205 SRTS-9917(033) LA-9750 (Catalog of Federal Domestic Assistance) VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200.The State shall not be ultimately responsible for any of the costs of the project.The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin. Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and 2 CFR Part 200.501 -Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation. IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project(e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director, Local Programs. Project Agreement End Date-This date is based on your projects Period of Performance (2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement.All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they become ineligible for federal reimbursement. Vill. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations.A subrecipient who expends$750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. XVII. Assurances Local Agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration)are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act(ADA). DOT Form 140-041 Page 2 Revised 12/2020 Aft Washington State Local Agency Federal Aid Departs ent of `transportation Project Prospectus p Prefix Route ( ) Date October 15, 2021 Federal Aid Project Number SRTS-9917(033) 509 DUNS Number 61-250-9901 LocalAgency 36204 WSDO Y Federal Employer 91-1462550 Project Number Use On l Tax ID Number. Agency CA Agency Federal Program Title City of Federal Way Yes No 0 20.205 ❑Other Project Title Start Latitude N 47.327014 Start Longitude W-122.360536 Lakota Middle School- SW Dash Point Road End Latitude N 47.322364 End Longitude W-122.356286 Project Termini From-To Nearest City Name Project Zip Code(+4) 21st Ave SW SW 312th Street Federal Way 98003-8425 Begin Mile Post End Mile Post Length of Project Award Type 0.30 ✓❑Local❑Local Forces❑State❑Railroad Route ID Begin Mile Point End Mile Point 7, City Number County Number County Name 443 17 King WSDOT Region Legislative District(s) Congressional District(s) Urban Area Number Northwest Region 30 9 80389 Total Local Agency Federal Funds Phase Start Phase Estimated Cost Funding Date (Nearest Hundred Dollar) Nearest Hundred Dollar Nearest Hundred Dollar Month Year P.E. $170,000 $31,000 $139,000 November 2019 RNV Const. $2,180,300 $969,300 $1,211,000 November 2021 Total '$2,350,300 $1,000,300 $1,350,000 Fescription of Existing Facility (Existing Design and Present Condition) Roadway Width Number of Lanes 46 ft 03 The existing northbound and southbound SW Dash Point Road from 21st Ave SW to SW 312th St consists of two general purpose lanes and one two-way and/or left-turn lane. Description of Proposed Work Description of Proposed Work(Attach additional sheet(s)if necessary) Construct sidewalk, planter strip,bicycle lane, and street lighting on the south side of SW Dash Point Road between 21 st Ave SW and 100 feet southwest of SW 312th Street. Upgrade existing pedestrian crossings and curb ramps at 21st Ave SW to current ADA standards. Extend reduced speed school zone through SW 312th Local Agency Contact Person Title Phone Sarah Hamel Capital Engineering Manager (253) 835-2720 Mailing Address City State Zip Code 33325 81h Ave S Federal Way WA 98003 By �l i Project Prospectus Approving Authority Title Public Works Director Date 10 N `o DOT Forn-, 140 >C]1 Rage i Revised 04/2015 Previous Editions Obsolete Agency Project Title Date City of Federal Way Lakota Middle School- SW Dash Point Roac October 15, 202 FTYpe of Proposed Work Project Type(Check all that Apply) Roadway Width Number of Lanes ❑ New Construction ❑ Path /Trail ❑3-R 46 ft 03 ❑ Reconstruction ❑✓ Pedestrian / Facilities ❑2-R ❑ Railroad ❑ Parking ❑Other ❑ Bridge Geometric Design Data Description Through Route Crossroad ❑ Principal Arterial ❑ Principal Arterial Federal ❑✓ Urban ❑✓ Minor Arterial ❑✓ Minor Arterial Rural ❑Collector M ❑✓ Urban ❑Collector Functional Rural Major Collector ❑ Classification ❑ NHS ❑NHS ❑ Major Collector ❑ Minor Collector ❑ Minor Collector ❑ Local Access ❑ Local Access Terrain ❑ Flat ❑✓ Roll ❑Mountain ❑✓ Flat [—] Roll [—]Mountain Posted Speed 140 mph 40 mph Design Speed 135 mph 35 mph Existing ADT 165900 16,900 Design Year ADT 16,900 16,900 Design Year 2019 2019 Design Hourly Volume (DHV) 1008 11008 Performance of Work Preliminary Engineering Will Be Performed By Others Agency City of Federal Way % 100 Construction Will Be Performed By Contract Agency Contractor 100 % % Environmental Classification ❑Class I - Environmental Impact Statement(EIS) ❑✓ Class II - Categorically Excluded (CE) ❑ Project Involves NEPA/SEPA Section 404 ❑✓ Projects Requiring Documentation Interagency Agreement (Documented CE) ❑Class III - Environmental Assessment (EA) ❑ Project Involves NEPA/SEPA Section 404 Interagency Agreements Environmental Considerations Categorically exempt per WAC 197-11-800 from SEPA I DOT Form 140401 Page 2 Revised 04/2015 Previous Editions Obsolete Agency Project Title Date City of Federal Way Lakota Middle School- SW Dash Point Roac i October 15, 202 Right of Way ❑✓ No Right of Way Needed ❑ Right of Way Needed *All construction required by the ❑ No Relocation ❑Relocation Required contract can be accomplished within the exiting right of-way- Utilities Railroad ❑ No utility work required ❑ No railroad work required ❑All utility work will be completed prior to the start [:]All railroad work will be completed prior to the start of of the construction contract the construction contract �✓ All utility work will be completed in coordination ❑All the railroad work will be completed in coordination with the construction contract with the construction contract Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project Water main and fiber cable that are in conflict with the proposed improvements will be relocated as separate schedules under the contract. PSE and Lumen will relocate existing poles prior to to the work. FAA Involvement Is any airport located within 3.2 kilometers (2 miles) of the proposed project?❑Yes W No Remarks This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and is not inconsistent with the agency's comprehensive plan for community development. Agency y Date By�O �/ 1v Mayor/Chairperson DOT Form 140-101 Page 3 Revised 04/2015 Previous Editions Obsolete Local Programs Authorization Package Checklist Agency: City of Federal Way Project Title: SRTS-9917(033)-Lakota Middle School Safe Routes to School-SW Dash Point Red Fed Aid/State Project#: SRTS-9917(033) By Phase(check all that apply) Funding Request PL* PE** RW CN Non-Funding Request New Phase Authorization El El ElPhase Modification M_ *PL-Planning. Used for stand-alone planning and study projects. **PE-Preliminary Engineering. This is the full design phase of a construction project. Once PE is authorized, Region HQ the construction phase must be completed,or all federal expenditures must be repaid. Agency Check Check Miscellaneous Items In addition to this checklist,all Region submittals must utilize the standard Region IDC,memo,or cover letter. The agency's DUNS#is active and agency has not been suspended/debarred at SAM.gov? If authorizing a subsequent phase on an existing project,has at least one bill for the prior phase been fully ✓ processed in SPORT(Posted date is present)? If not,supplement can't be processed. Has the scope changed(description of work,limits,staging,RW needs,etc.)since previous submittal? (Yes or No) (1]p Project Prospectus(DOT Form 140-101)-LAG Chapter 21 Are all three pages of the current form 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 an average person? 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: Backup documentation included? Are the Latitude and Longitudes(in decimal format)included and correct? Are Congressional and Legislative Districts included and correct? Project Zip Code includes the+4? Are estimated costs included for all phases of the project? f Are the Functional Classification and Urban/Rural designation correct? ,/ Are the Right of Way,Utilities,and Railroad sections filled out? ./ 1 El Typical Sections&Vicinity Map-LAG Chapter 21 When necessary,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? f STIP/Funding Documentation-LAG Chapter 12 Is the currently approved STIP page included? / Does STIP information(termini,description,etc.)match the LAA and Prospectus? Is the phase being authorized(or a later phase)programmed in the STIP? ,J Is funding from all requested programs shown in the STIP? Are the requested funds supported by the STIP? If funded through a HQ managed program(ex.Bridge,HSIP),is the award letter and project summary included when these funds are first obligated? _ If funded through a HQ managed program,does the submitted scope match the project summary scope? Local Agency Agreement(DOT Forms 14D-039&140-D41) LAG Chapter 22 Is at least one LAA or LAA supplement,with an original signature,included? ,/ Current form used?(check revision date at bottom left) V All pages of Agreement included? Are the Agency information,Project#,LAA#,Supplement#,and date of original agreement execution correct? ./ Does project information(title,termini,length,description,etc.)agree with STIP/Prospectus/NEPA-CE? ,/ Local Agency Agreement(DOT Forms 140-039&140.041)-LAG Chapter 22(CONTINUED] Authorization Package Checklist(May 2019) WSDOT/Local Programs Local Programs Authorization Package Checklist 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? 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 ICR box is checked'Yes',is the agency's current approved/self-certifed rate documentation provided? It must clearly shown the rate used,timeframe it covers,and the actual signature of approval/self-certification. If corrections made,are they initialed?If made by WSDOT is permission from Agency provided? Are all federal aid participation ratios being used listed? */ Are amounts calculated correctly and shown in the correct columns? ./ Documented Cost Estimate-LAG 22.4 and Appendix 22.56 Is a Documented Cost Estimate included for each phase requesting/changing funds? Are total dollars on the LAA supported by the phase estimates? ./ 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 2.5 If authorizing RW,is a project funding estimate/true cost estimate summary sheet included? Does the PFE/TCE summary sheet support RW amounts shown on the LAA? 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? RW acquired under the Government Acquisitions Provisions? Documentation included or noted in SPORT? El Environmental Documentation/Approval(NEPA)-LAG Chapter 24 Is an approved NEPA package(at least signature page)included? Does the description of work match the Prospectus/LAA/STIP? ./ Is the footprint of the project within the limits of the NEPA approval? Do the NEPA-CE Part 3 RW responses agree with the STIP and Prospectus? „/ Is the approval date within the last 3 years? If approval is older than 3 years,has the approval been re-evaluated by the Environmental group? Contracting-DBE Goals(LAG Chapter 261-Tied Bid(LAG Chapter 44).Local Forces(LAG Chapter 61) If authorizing construction,is the DBE goal letter/e-mail included,or are the goals in SPORT? If construction includes a tied bid project,is the approved PIF included or noted in SPORT? If construction by Local Forces,is the approved PIF included or noted in SPORT? PROJECT NOTES(Provide additional information or explanation as necessary) Authorization Package Checklist(May 2019) WSDOT/Local Programs 2 of 2 I^ _ Karn sty _s 272nd st V Federal Way Des �00 Moines CCL O =s 2801h St LO e S 304th St Oxq Of ys' a r 312th St s 31.2th St N eR S VVDaP SW 320th St TS3,2 St S 320th St �: rrr rn - .- T i w 2 Federal ' S 324tf St y a Vl Zi aPkwy 5 336th St NIb ./ N Q t S 348th St fn Project Area SW 312TH ST r7 U) <0 SVJ a _—_ U) w ¢ CITY OF .. Federal Way Lakota Middle School SW Dash Point Road (SR 509) 21st Ave SW to SW 312th St Safe Routes to School This map is intended for use Map Date:May 2016 as a graphical representation. The City of Federal Way makes K:\STREETS\GRANTS\Grant Applications\2016\Lakota SRTS no warranty as to its accuracy. §} / f 2 \� / § OD / ,! r: s RA � 2 . !\ � ^ q $ E ƒ � A \ n -5 Q Q � - .. ! � ƒ � a \ \ ( \ r \ 2 \ � \ \ I ■ { ®. Iz ;�■! UnEa �/ § N L cli ++ d _ O O O O O Cl) •Q O O O O O CD O >L O a N O � N N fD w N = t 69 H9 N d a a�U) E L L cc a N W U o 0 L W O CD 0 O U in c o c o w L oa U co o N w a) a) a_ a °' WD 04 � "' o s CD U) J �' C O co L = U E N o E �� Os wy � � a' vi �> < U) 0 U-p CD C w m CL N � N O 3 O m a> •_ 'D o � t o W, o v z W O LL M o CD Ct fn c o _ C O ui L 5 N Cl V l6 C. 3 O N O C O C r a LL .+ Q Lm a C V o y N U) U)•= N m E T N❑ ❑ N ❑ C N 0> N Q ' N •Q E a0 Q. E cm O U) a) Q O .O L ~ LL O U N (o Q 1 o _ U OD o o g O w cn CD `' 2 Q L U U O U > N U) to a> m a� o o ev i a. 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O Q o a a) 2 2 o o :° a 2�_ N N G7 VU) N N Q d U A •u U) N � Ln O L W W o o U3 a) C H d O T O p U -3 iL a a a U U ?r LL LL J Q C) Lakota Middle School -SW Dash Point Road-SRTS RFB No.21-003 SRTS-9917(033) BID OPENING DATE: December 3,2021 Item No. ISpe.jItern IPlan Qty jUnit Unit Price Total SCHEDULE A:ROASDWAY IMPROVEMENTS 1 1-04 MINOR CHANGE 1 FA $ 5,000.00 $ 5,000.00 2 1-05 ADA FEATURES SURVEYING 1 LS $ 3,000.00 $ 3,000.00 3 1-05 ROADWAY SURVEYING 1 LS $ 8,000.00 $ 8,000.00 4 1-05 AS-BUILT SURVEY AND RECORD DRAWINGS 1 LS $ 6,000.00 $_ 6,000.00 5 1-07 SPCC PLAN 1 LS $ 3,000.00 $ 3,000.00 6 1 1-09 IMOBILIZATION 1 LS $ 170,228.38 $ 170,228.38 7 1 1-10 ITRAFFIC CONTROL SUPERVISOR 1 LS $ 65,000.00 $ 65,000.00 8 1-10 FLAGGERS 1,000 HR $ 67.00 $ 67,000.00 9 1-10 OTHER TRAFFIC CONTROL LABOR 1,000 HR $ 69.00 $ 69,000.00 10 1-10 ICONSTRUCTION SIGNS CLASS A 100 SF $ 45.00 $ 4,500.00 11 1-10 FSEQUENTIAL ARROW SIGN 1,280 HR $ 15.00 $ 19,200.00 12 1-10 PORTABLE CHANGEABLE MESSAGE SIGN 3,840 HR $ 2.00 $ 7,680.00 13 1-10 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $ 25,000.00 $ 25,000.00 14 2-01 CLEARING AND GRUBBING 1 LS $ 30,000.00 $ 30,000.00 15 2-01 ROADSIDE CLEANUP �' 1 FA $ 5,000.00 $ 5,000.00 16 2-02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS 1 LS $ 8,000.00 $ 8,000.00 17 2-02 SAWCUTTING 1,575 LF $ 3.00 $ 4,725.00 18 2-02 REMOVE DRAINAGE STRUCTURE 6 EA $ 500.00 $ 3,000.00 19 2-02 REMOVE STORM SEWER PIPE 950 LF $ 15.00 $ 14,250.00 20 2-03 'ROADWAY EXCAVATION INCL.HAUL 725 CY $ 95.00 $ 68,875.00 21 2-03 GRAVEL BORROW INCL.HAUL 450 TN $ 45.00 $ 20,250.00 22 2-09 SHORING OR EXTRA EXCAVATION CLASS B 4,550 SF $ 1.50 $ 6,825.00 23 4-04 CRUSHED SURFACING TOP COURSE 140 TN $ 75.00 $ 10,500.00 24 4-04 CRUSHED SURFACING BASE COURSE 425 TN $ 45.00 $ 19,125.00 25 5-04 HMA CL.1/2 IN PG 58H-22 550 TN $ 75.00 $ 41,250.00 26 j 5-04 TEMPORARY PAVEMENT 25 TN $ 150.00 $ 3,750.00 27 7-04 HIGH DENSITY POLYETHYLENE(HDPE)PIPE 24 IN.DIAM. 568 LF $ 125.00 $ 71,000.00 28 7-04 DUCTILE IRON PIPE 24 IN.DIAM 235 LF $ 150.00 $ 35,250.00 29 7-04 HIGH DENSITY POLYETHYLENE(HDPE)PIPE 12 IN.DIAM. 6 LF $ 125.00 $ 750.00 30 7-04 TESTING STORM SEWER PIPE 809 LF $ 1.60 $ 1,294.40 31 7-04 CATCH BASIN TYPE 1 1 EA $ 2,000.00 $ 2,000.00 32 7-05 CATCH BASIN TYPE 2-48 IN.DIAM. 9 EA $ 3,000.00 $ 27,000.00 33 7-05 ADJUST MANHOLE 3 EA $ 600.00 $ 1,800.00 INSTALL CONVERSION RISER AND ROUND SOLID COVER ON 34 7-05 1 EA $ 1,000.00 $ 1,000.00 EXISTING TYPE 1 CB AND ADJUST TO GRADE 35 7-05 CONNECTION TO DRAINAGE STRUCTURE 4 EA $ 880.00 $ 3,520.00 36 8-01 ESC LEAD 80 DAY $ 75.00 $ 6,000.00 37 8-01 STORM WATER POLLUTION PREVENTION PLAN 1 LS $ 3,000.00 $ 3,000.00 38 8-01 EROSION CONTROL AND WATER POLLUTION PREVENTION 1 LS $ 10,000.00 $ 10,000.00 39 8-01 INLET PROTECTION 22 EA $ 100.00 $ 2,200.00 40 8-01 1SILT FENCE 850 LF $ 3.00 $ 2,550.00 41 8-02 'TOPSOIL TYPE A 140 CY $ 58.00 $ 8,120.00 42-5-02 SOD INSTALLATION 470 SY $ 36.00 $ 16,920.00 43 8-02 SEEDED LAWN INSTALLATION 215 Sy $ 5.00 $ 1,075.00 44 8-02 BARK MULCH 20 CY $ 60.00 $ 1,200.00 45 j 8-02 ROOT BARRIER 576 LF $ 10.00 $ 5,760.00 PSIPE ACER X FREEMANII 'JEFFERSRED'/AUTUMN BLAZE 46 8-02 24 EA $ 350.00 $ 8,400.00 MAPLE;2.5"CAL.,12'-14'HT. 47 8-02 PROPERTY RESTORATION 1 FA $ 2,000.00 $ 2,000.00 CONTRACTOR DESIGNED AUTOMATIC IRRIGATION SYSTEM, 48 8 03 1 LS $ 20,000.00 $ 20,000.00 COMPLETE 49 8-04 CEMENT CONC.CURB&GUTTER 1,180 LF $ 57.00 $ 67,260.00 50 8-04 BARRIER CURB 55 LF $ 40.00 $ 2,200.00 51 8-04 EXTRUDED CURB,TYPE 6 20 LF $ 40.00 $ 800.00 52 8-07 (PRECAST SLOPED MOUNTABLE CURB 10 LF $ 55.00 $ 550.00 53 8-07 (PRECAST DUAL FACED SLOPED MOUNTABLE CURB-195 LF $ 50.00 $ 9,750.00 -- - - --_ 54 8-09 RAISED PAVEMENT MARKER,TYPE 2 1.5 HUND $ 425.00 $ 637.50 55 8-09 RAISED PAVEMENT MARKER,TYPE 2B 1 EA $ 25.00 $ 25.00 56 8 14 10EMENT CONC SIDEWALK 915 SY $ 97.00 $ 88,755.00 57 8-14 CEMENT CONC CURB RAMP TYPE PARALLEL 6 EA $ 3,000.00 $ 18,000.00 58 8-14 ICEMENT CONC CURB RAMP TYPE SINGLE DIRECTION 3 EA $ 3,000.00 $ 9,000.00 59 8-20 ILLUMINATION SYSTEM,COMPLETE 1 LS $ 140,000.00 $ 140,000.00 60 8-20 SCHOOL ZONE FLASHING BEACONS,COMPLETE 1 LS $ 35,000.00 $ 35,000.00 61 8-20 .VARIABLE SPEED LIMIT SIGNS,COMPLETE 1 LS $ 30,000.00 $ 30,000.00 62 8-20 SIGNAL MODIFICATION,COMPLETE 1 LS $ 30,000.00 $ 30,000.00 63 8-20 VIDEO CAMERA DETECTORS,COMPLETE 1 LS $ 25,000.00 $ 25,000.00 64 8-21 PERMANENT SIGNING 1 LS $ 3,000.00 $ 3,000.00 65 8-22 PLASTIC LINE 1,880 LF $ 2.00 $ 3,760.00 66 8-22 PROFILED PLASTIC LINE 1,815 LF $ 2.20 $ 3,993.00 67 8-22 PROFILED PLASTIC WIDE LINE 93 LF $ 5.50 $ 511.50 68 8-22 PLASTIC CROSSWALK LINE 320 SF $ 8.00 $ 2,560.00 69 8-22 PLASTIC STOP LINE 75 LF $ 6.00 $ 450.00 70 8-22 PAINTED BICYCLE LANE SYMBOL 4 EA $ 250.00 $ 1,000.00 71 8-22 PLASTIC TRAFFIC ARROW 5 EA $ 125.00 $ 625.00 72 8-22 REMOVING PAVEMENT MARKINGS 1 LS $ 3,000.00 $ 3,000.00 73 8-30 POTHOLING 1 FA $ 5,000.00 L1,404,A874.78 74 8-31 RESOLUTION OF UTILITY CONFLICTS 1 FA $ 5,000.00 Subtotal Schedule Item No. Ispec 'Item Plan Qty Unit Unit Price jTotal SCHEDULE B:LAKEHAVEN WATER IMPROVEMENTS 1 1-07 PERMITS 1 FA $ 3,500.00 $ 3,500.00 2 1-07 COVID 19 HEALTH AND SAFETY PLAN(CHSP) 1 LS $ 1,000.00 $ 1,000.00 3 1-07 COVID 19 ADDED MEASURES(WITHOUT OVERHEAD AND 1 EST $ 1,500.00 $ 1,500.00 PROFIT) 4 2-01 SITE RESTORATION 1 LS $ 5,500.00 $ 5,500.00 5 2-02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS 1 LS $ 7,300.00 $ 7,300.00 6 2-02 REMOVE WATER VALVE(8 IN.,12 IN.) _ 3 EA $ 450.00 $ 1,350.00 7 2-02 REMOVE AC WATER MAIN(8 IN„12 IN.) 1,070 LF $ 45.00 $ 48,150.00 8 2-02 REMOVE DUCTILE IRON/CAST IRON WATER MAIN(8 IN.) 25 LF $ 25.00 $ 625.00 9 2-02 REMOVE HYDRANT ASSEMBLY 1 EA $ 800.00 $ 800.00 10 2 09 TRENCH SAFETY SYSTEMS 1 LS $ 2,200.00 $ 2,200.00 11 2-09 SHORING OR EXTRA EXCAVATION CLASS B 6,300 SF $ 1.00 $ 6,300.00 12 5-04 TEMPORARY PAVEMENT 20 TN $ 300.00 $ 6,000.00 13 7-09 MINOR CHANGE FOR WATER IMPROVEMENTS 1 EST $ 14,000.00 $ 14,000.00 14 7-09 DUCTILE IRON PIPE FOR WATER MAIN,8 IN.DIAM. 30 LF $ 90.00 $ 2,700.00 15 7-09 DUCTILE IRON PIPE FOR WATER MAIN,12 IN.DIAM. 970 LF $ 80.00 $ 77,600.00 16 7-09 ADDITIONAL DUCTILE IRON FITTINGS 225 LB $ 6.00 $ 1,350.00 17 7-09 CONNECTTO EXISTING WATER MAIN,8 IN.DIAM. 2 EA $ 3,500.00 $ 7,000.00 18 7-09 CONNECT TO EXISTING WATER MAIN,12 IN.DIAM. 2 EA $ 4,000.00 $ 8,000.00 19 L-!%EMOVALANDREPLACEMENTOFUNSUITABLE 09 10 CY $ 80.00 $ 800.00 FOUNDATION MATERIAL 20 7-09 CRUSHED SURFACING TOP COURSE FOR TRENCH BACKFILL 500 CY $ 65.00 $ 32,500.00 21 7-10 CONSTRUCTION SEQUENCING 1 LS $ 4,000.00 $ 4,000.00 22 7-12 GATE VALVE,8 IN. 2 EA $ 1,800.00 $ 3,600.00 23 7-12 GATE VALVE,12 IN. 5 EA $ 3,000.00 $ 15,000.00 24 7-14 HYDRANT ASSEMBLY 2 EA $ 6,500.00 $ 13,000.00 25 7 15 SERVICE REPLACEMENT(METER,1.5 IN.) 2 EA $ 2,000.00 $ 4,000.00 26 7-15 SERVICE REPLACEMENT(IRRIGATION,2 IN.) 1 EA $ 3,000.00 $ 3,000.00 27 8-30 UTILITY POTHOLE 14 EA $ 800.00 $ 11,200.00 28 8-31 RESOLUTION OF UTILITY CONFLICTS 1 FA $ 5,000.00 $ 5,000.00 Subtotal $ 286,975.00 Sales Tax 10.1% 5 28.98a48 Subtotal Schedule B 5 315,959.48 Item No. Ispec litem Plan City I Unit Unit Price dotal SCHEDULE C:PARK IMPROVEMENTS 1 1-04 MINOR CHANGE 1 FA $ 5,000.00 $ 5,000.00 2 1-05 CONSTRUCTION SURVEYING 1 LS $ 5,000.00 $ 5,000.00 3 2-02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS 1 LS $ 14,000.00 $ 14,000.00 4 2-02 REMOVE STORM SEWER PIPE 58 LF $ 30.00 $ 1,740.00 -- $5 2-02 SAWCUTTING 275 LF 3.00 $ 825.00 6 4-04 j CRUSHED SURFACING TOP COURSE 55 TN $ 45.00 $ 2,475.00 7 5-04 IROADWAY EXCAVATION INCL.HAUL 30 CY $ 150.00 $ 4,500.00 8 5-04 PLANING BITUMINOUS PAVEMENT 1,750 SY $ 5.00 $ 8,750.00 9 5-04 HMA CL.1/2 IN PG 58H-22 200 TN $ 100.00 $ 20,000.00 10 7-04 HIGH DENSITY POLYETHYLENE(HDPE)PIPE 12 IN.DIA_M. 134 LF $ 40.00 $ 5,360.00 11 7 04 TESTING STORM SEWER PIPE 134 LF $ 1.60 f$ 214.40 12 7-04 ICATCH BASIN TYPE 1 3 EA $ 2,000.00 $ 6,000.00 13 8-07 WHEEL STOP 39 EA $ 150.00 $ 5,850.00 14 8-22 PAINT LINE 1,100 LF $ 0.50 $ 550.00 15 8-22 PLASTIC ACCESS PARKING SPACE SYMBOL 2 EA $ 250.00 $ 500.00 16 8-30 BOLLARDS 8 EA $ 1.000.00 $ 8.000.00 Subtotal $ 88,764.40 Sales Tax 10.1% $ 8,965.20 Subtotal Schedule C $ 97,729.60 PROJECT TOTAL $ 1,818,563.86 R 5 m O O (D O N w T W O O O M O m f0 O V O o0 LQ N (, a " N O O O pa O a) wi U N O O m m V m r rl% O C O N O N .-i M m O N N I, (D (O O O IA o C c-I O N O l!1 D1 W wU) M f� (, O N Ol -4 N r N D_ 5 Y! C W v). v). v} vt v). v} vT to ww Y! M/ K M tl9 6q r o en 0 m ° c O c 0% ° ) U °t ~ U o z o_ W N o V a co LO (n Q (..) d L w J O m (p u7_ Q N + a H T a� c 0 L L O [0 3 U vj u> 63 &3 (» e» 6s u3 vt -D Y c `N 3 Y o O o N N U w ° N L_ N m O V (D N N � 0 7 C O L 00 V lf) (O (D CO r- [h rn N V aD3 a - (D N (D L O m w O Na (D -IT � (D N Li C t � M N N N 'E 69 Hf 69 W. fA 69 fR (A 2% 7 N L ° w C = O) N ° ^ (n O o O N U d 'y-O,. En d = N coo co lo n r N o _ d w > O) N N C O C a t O C (D O O O (D O (D O) cc U ° V . (D N M m M U a0 m aD V O) L2 (D (V N d N D) 7 DI M m N N VJ d Cl) N N o N 2coo L E N Ncl O �+ ♦+ N N fA fA EA 6% fA EA Hf 619 ff) (p LU ° c U M - N N ui O O O O O o w N N O U = 'a N c) co O a N w ° N o N J Q 0 C l p ° ¢ V1 oo a c H cr api O o a d r c no C W 7 C p C C Ol N U ° C E N o (� 47 N 7 (0 N (6 @ j o 3 C 7 OI O (0 _ 4$ C o o � U w o C ` ° N O C 7 c ° o �a w o'o U N U a p N Vl C ° S] ,T T (D Q O7 rn a) o ° m 'm N Y c ❑ U a (n ❑ ❑ a c + m E c F- o U) U F O z U N w Z o 0 O ' o).m� U c Q E z U =o a ai N m V m (D n F (D ¢ 7 (n of _ � z Ov m r a ou (^ o z y u Q o Z F Y y Z w (D U = ° u N o U O r 3 G a v m �' aEi ¢ cc U p J � w a = a ci U) ¢ a E u uu CONSUTLANT COSTS MATERIALS TESTING Management 8 200 $1,600.00 Technician 50 100 $5,000.00 Soil Testing 40 400 $16,000.00 Lighting Base bolts 8 100 $800.00 Crushed rock Proctor 2 300 $600.00 Sieve 2 100 $200.00 Sand Equivalent 2 150 $300.00 Concrete Cylandres.Grout/Mortar 50 $0.00 HMA Rice 5 100 $500.00 Gradation 5 250 $1,250.00 Fractured face 5 150 $750.00 Sand Equivalent 5 150 $750.00 Viods 5 250 $1,250.00 Milage 1000 5 30,000 CONSTRUCTION MANAGEMENT PM RE Inspector Admin Total $200.00 $150.00 $100.00 $100.00 Construction Preparation 1 4 2 0 $1,000.00 Preconstruction Meeting&Prep 2 4 2 8 $2,000.00 Submittal Review 4 110 20 $19,300.00 Daily Inspection 50 1654 $172,900.00 Daily Project Management 50 300 50 $60,000.00 Project Close Out 4 40 40 40 $14,800.00 $ 270,000 Grant eligible costs separation A summary is needed clearly showing the costs for the waterline and park work are separate from federal funds. Schedules A,B and C are clearly separated in the plans as to the work that occurs and separate bid items are provided for all bid items except the proportionately shared costs in the agreement. These are easily identifiable and documentable for billing purposes and wil be separted out prior to billing. There are more than enough eligible funds in Schedule A to cover all the grant funds without including the proprotionate costs,Schedule B and Schedule C,such that along with those costs,over$264,000 of Schedule A costs will be non-particpating. Schedule A $1,413,874.78 Shared cost bid items 3 1-05 ROADWAY SURVEYING 1 LS $ 8,000.00 $ 8,000.00 4 1-05 AS-BUILT SURVEY AND RECORD DRAWINGS 1 LS $ 6,000.00 $ 6,000.00 5 1-07 ISPCC PLAN 1 LS $ 3,000.00 $ 3,000.00 6 1-09 [MOBILIZATION 1 LS $170,228.38 $ 170,228.38 7 1-10 TRAFFIC CONTROL SUPERVISOR 1 LS $ 65,000.00 $ 65,000.00 8 1-10 FLAGGERS 1,000 HR $ 67.00 $ 67,000.00 9 1-10 OTHER TRAFFIC CONTROL LABOR 1,000 HR $ 69.00 $ 69.000.00 10 1-10 CONSTRUCTION SIGNS CLASS A 100 SF $ 45.00 $ 4,500.00 11 1-10 SEQUENTIAL ARROW SIGN 1,280 HR $ 15.00 $ 19,200.00 12 1-10 PORTABLE CHANGEABLE MESSAGE SIGN 3,840 HR $ 2.00 $ 7,680.00 13 1-10 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $ 25,000.00 $ 25,000.00 14 1-10 CONTRACTOR PROVIDED UNIFORMED POLICE OFFICER 40 HR $ 100.00 $ 4,000.00 37 8-0011 STORM WATER POLLUTION PREVENTION PLAN 1 LS $ 3,000.00 $ 3,000.00 38 8-01 1 EROSION CONTROL AND WATER POLLUTION PREVENTIO 1 LS $ 10,000.001 $ 10,000.00 $ 448,608.38 LWSD Share per the agreement(B no tax/A+B no tax)= $ 0.17 $ 75,691.22 Schedule B(LWSD) B no tax $286,975.00 Total B= $ 315,959.48 Schedule C-Parks $ 97,729.60 Total Non eligible Schedules A,B and C costs $ 489,380.30 Schedule A Participating $1,149,271.00 Schedule A Non-Participating $ 264,603.78 The City Believes this demonstrates how these costs are easy to separate and cause no conflict for Federal billing as eligible costs exceed the grant amount by over$264,000. A111111111111` NEPA Categorical Exclusion �� Washington State � �// Department of Transportation Documentation Form Intent of Submittal Federal Aid Project Number NEPA Start Date Final my SRTS-9917(033) 10/2/2020 Preliminary ❑x Final ❑Re-Evaluate Agency Project Title City of Federal Way Lakota Middle School- SW Dash Point Road County King — Beginning terminus: 11.25 Township(s): 21N Ending terminus:_1.1.45 Range(s):.03E _ Miles: I mil— Section(s): 12 Part 1 -Project Description (Attach Vicinity Map) Construct sidewalk,planter strip,bicycle lane,and street lighting on the south side of SW Dash Point Road between 21st Ave SW and 100 feet southwest of SW 312th Street. Upgrade existing pedestrian crossings and curb ramps at 21st Ave SW to current ADA standards. Extend reduced speed school zone through the SW 312th intersection. This project will also include associated storm drainage improvements and a waterline replacement. This project is being constructed to provide for improved non-motorized facilities which results in safer non-motorized access along the corridor. (Vicinity Map attached) Part 2 -Categorical Exclusion &STIP • Identify one CE from 23 CFR 771.117(CE Guidebook-Appendix A)that fits the entire project c(23) • Per 23 CFR Part 452(1)identify the subsequent project phase identified on the STIP?❑ROW 0 Construction • Attach a copy of the STIP page to the CE documentation form. Digitally signed by NEPA Approval Signatures Melanie Vance ;.� Date:2021.01.2912:58.44 �.. 1/21/2021 os'oo' Local Agency Approving Authority Date Local Programs Environmental Engineer Date Mehrdad Moini PE Digitally signed by Mehrdad Moini,PE Date:2021.01.27 10:33:06-08'00' Regional Local Programs Engineer Date Federal Highway Administration Date _-.. Completed By(Print Official's Name) Telephone(include area code) E-mail Address Christine Mullen (253)835-2723 Christine.Mullen@cityoffederalwa DOT Form 140-100 Revised 8/2020 Adak MM Washingtoin State Trainspoitaflon Budding wro M�lartment of Trans�lpoiii�Iaflon 3 fl 0 IM,,V)Ile Park Avein Ue&E IRO lBox 47,300 Uyvnp�a,WA$X3504-7300 360-7015-70M IFTY: �-800-833-6388 wwwm"'dat"Wa,gov November 12, 2021 Mr. Edward Walsh Public Works Director City of Federal Way 33325 8h Avenue South Federal Way, Washington 98003 City of Federal Way Lakota Middle School—SW Dash Point Road SRTS-9917(033) Advance Construction Authorization Dear Mr. Walsh. We have received FHWA Advance Construction fund authorization, effective November 5, 2021, for this project as follows: PHASE TOTAL AC-FEDERAL AC-Construction $2,180,293 $1,211,000 Advance Construction authorization means you may proceed with this phase of work, but all costs associated with the AC-Federal share must be covered with local funds until additional federal funds are made available by FHWA. We anticipate converting the AC-Federal share to regular funding after December 2021. You will be notified when this has occurred, at which time billings for those converted funds can be processed for federal reimbursement. Once you have received notification that your project has been converted 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. The following are required to ensure compliance with federal and state requirements: • Advertisement of the project within six weeks of construction authorization. • Submit the Award Data to the Region Local Programs Engineer prior to construction start. Enclosed for your information and file is a fully executed copy of Supplement Number I to Local Agency Agreement LA-9750 between the state 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 Edward Walsh City of Federal Way Lakota Middle School—SW Dash Point Road November 10, 2021 You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincerely, A for Stephanie Tax Manager, Program Management Local Programs ST:cc:ml Enclosure cc: Mehrdad Moini,Northwest Region Local Programs Engineer, MS NB82-121 RETURN TO: PW ADMIN EXT: 2700 ID#: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ 2. ORIGINATING STAFF PERSON: r )) �`wI( � EXT: — 3. DATE REQ.11 '. 3. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION C(�JNARAI T,�A,.NIE'NDNIEN-F(A t): _OTHER.. ❑ INTERLOCAL �� .�� .... ..._ _...._......._............... ................. 4. PROJECT NAME: 5. NAME OF :ON,rRACIFOR: ADDRESS: TELEPHONE: E—MAIL: F : 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#, J EXP. 7. TERM: COMMENCEMENT DATE: �. ..$ ^fir C1)°') COMPLETION D�Nm° S_ TOTAL COMPENSATION:$ ry `� l"( (d I< Cs11P,I} I%b NSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR Cl-hkR{iE—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 o RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT/CONTRACT REVIEW W1"I IA,/D%k'E R'r.v rF vC:D INITIAL/DATE APPROVED PROTECT MANAGER " DIVISION MANAGER "" _p,DEPUTY DIRECTOR ,,,p2� DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) "LAW DEPT ITmm� 10, COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: n, COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFIQATION FOR 1 MONTH PRIORTO 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 W DEPT lells❑ LA (MAYOR n m. �...mm.., . CHITG�AT+�R"�r' OR D�.LIL4 IISR� � `" �.� � 17 Y CLERK ,�, , '..�._ ❑ ASS IGNED AG# A � ❑ SIGNED COPY RETURNED DATE SENT: ( I T ❑RETURN ONE ORIGINAL COMMENTS: EXE0,11"E" "OR[GIh+!ALS lrlti'4l Washlingtoin S,tate TrarwsportaUon 1130diiing 310 Maple Flark Avenue S E.:::. IRS.,.If 47300 11IDepairtmeirat of "Trainspoirtation Olyinnpi a.l,WA 98504 7300 December 30, 2019 360 705 7000 F1 Y "I-800 833-6388 wwwmsdotwa,gov Mr. Edward Walsh Public Works Director City of Federal Way 33325 8'Avenue South Federal Way, Washington 98003 City of Federal Way Lakota Middle School—SW Dash Pt Rd SRTS-9917(033) FUND AUTHORIZATION Dear Mr. Walsh: We have received FHWA fund authorization, effective December 26, 2019, for this project as follows: PHASE TOTAL FEDERALSHARE Preliminary Engineering $170,000 $139,000 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-9750 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. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincerel Stephanie Tax Manager,Program Management Local Programs ST:cc:ml Enclosure cc: Mehrdad Moini,Northwest Region Local Programs Engineer, MS NB82-121 MAPWashington State enc Local A Agreement Department of Transportation Agency 9 ..... Agency City of Federal Way .20.205 Address (CatalogorFederal Do mestic Assistance) _......� _ �y 33325 8th Ave S Project No. � `� (033) Federal Way,WA 98003 Agreement No. 097,50 For O SC 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 Lakota Middle School-SW Dash Point Road-Safety Routes to School Length 0.30 Miles Termini 21st Ave SW to SW 312th St Description of Work Construct sidewalk,planter strip,bicycle lane and street lighting on the South side of SW Dash Point Road between 21st Ave SW and 100 feet southwest of SW 312th Street. Upgrade pedestrian crossings and curb ramps at 21st Ave SW to current ADA standards. Extend reduced speed school zone through SW 312th Street intersection. Project Agreement End Date 12/31/2024 Claiming Indirect Cost Rate iI Proposed Advertisement Date ❑Yes ✓ No m ,.. Estimate of Funding~......... Type of Work (1) (2) (3) Estimated Total Estimated Agency Estimated Federal ... Project Fun Funds Funds 100..... .. .. .. _ ro., ~... ... PE _ 115,000 00 ~a Agenc ConsultanatePartici ate 115, 1.11 s 0 00 ,.U..... ----- 0 . 00 19,000.00 Federal Aid Other Agency ) 19000.00 3 .... b Other P 000 00 0 Participation �. A ens Non Partici ate 31, 1 000 00 0 00 Ratio for PE P ....- 5 000 00 State Participate 5,000 00 0 00 e Total Ph'Cost Estimate(a+b+c+d) 170,000.00 T31,000.00 139,000.00 Right of Way f,Agency, Federal Aid ..... ... .. ----,..... Participation h,Other - ~ Ratio for RW .Tota N J4(West Estgmaj l(« tllnrn0.00.... 0.00 ._. ,.. 0.00... Construction It.Contract 1, f.ther - Federal Aid mOther ®. .- -- ...... Participation n Other.... . ......... - ._, ... Agp Ratio for CN ,Q ,cX ...... ...... ...-...... .. _. ... .. ---- P --p State-._. .. .. .._.._. - _. .... I'll r.Total ct E brnat a++a 170,000.00 3.... ..... _ g Total CN Cost Estimate(k+i+m+n+o+pl 0.00 0.00 0 00 _.... _ 1 139 000 00 t 000 00 ........ Agency Official /� Washingt t at a Departmen f Transportation By � y 4. mm Title Director, Local rograms 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 August 13 2019 Resolution/Ordinance No. 19-770 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 uunstruction 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„wit11 a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4)To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order. In addition,the Agency agrees*that if it fails or refuses to comply with these undertakings,the State may take any or all of the following actions: (a)Cancel,terminate, or suspend this agreement in whole or in part; (b)Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. DOT Form 140-039 Page 4 Revised 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