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HomeMy WebLinkAbout94-00 - Res. Local Agency Agreement for Johns Prairie Pedestrian Walkway SOLUTION NO . 94-00 WHEREAS , in compliance with the terms and conditions set forth in Title 23 , US Code of Highways ; and, WHEREAS , a Local Agency Agreement between Mason County and the Washington State Department of Transportation for a Johns Prairie Pedestrian Walkway from the end of the old walkway inside Shelton City limits to MCRA sports fields (MP 0 . 28 to 1 . 89) has been submitted to the Board of Mason County Commissioners for review and approval ; NOW, THEREFORE, be it hereby resolved by the Mason County Board of Commissioners , that the aforementioned Local Agency Agreement (Attachment A) is hereby approved and the Chairperson is authorized to execute said document . DATED this 12th day of September, 2000 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Jo A . Bolender, Chairperson ATTEST : Cynthia . Olsen, Commissioner > 4 S . Rogers , �� Rebecca Clerk of th ' Boards ' , Mary Jo Lady/Commission AP ' ROVE PTO FORM : ` i € Deputy Prosecuting Attorney Michael Clift c : Public Works 0 :\user\cbcommon\resolute\2000\94-OOTitle23 Agreement. doc f Washington state Locai Agency Agreement Department of Transportation Agency Mason County CFDA No . 20 . 205 Address P . O . Box 1850 Project No . Attachment A Shelton, WA 98584 Agreement No . For OSC WSIDOT Use Only The Local Agency having complied, or hereby agreeing to comply , with the terns and conditions set forth in ( 1 ) Title 23 , U . S . Code Highways, (2) the regulations issued pursuant thereto, (3 ) Office of Management and Budget Circulars A- 102, A-87 and A- 133, (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5 ) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification . Federal funds which are to be obligated for the project may not exceed the amount shown herein on line o, 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 Johns Prairie Pedestrian Walkway Length 1 . 61 miles Termini End of old walkway inside Shelton City limits to MCRA sports fields (MP 0 . 28 to 1 . 89 ) Description of Work This project will establish a separated pedestrian walkway which will connect to an existing walkway (just inside the Shelton City limits) to MCRA (Mason County Recreation Association) . The existing portion of the walkway lies within the City of Shelton and ends into an open field . This project will continue this walkway approximately 1 . 6 miles to the MCRA sports fields ; giving the walkway a highly used destination . Estimate of Funding Type of Work ( 1 ) (2) (3) Estimated Total Estimated Agency Estimated Project Funds Funds Federal Funds PE a . Agency00 00 • 86 . 5 % - ---- - b . Other _ Federal Aid c. State - - - 1 , 000 . 00 133v00 - - ---86 Participation _- - -- -_- -_ __. - { - 00 Ratio for PE d . Total PE Cost Estimate (a + b +c) 339900:6 � ---__ -- - 4 5;06 - - 28-95450 Right of Way e . Agency f Other Federal Aid -- Participation 9_ State-- -- -- - - - - - - . - - -- - -'--- Ratio for RW h . Total RM Cost Estimate (e +f+ g) Construction i . Contract J . Other k . Other - - % I . Agency Federal Aid ----— - Participation m . State Ratio for CN n . Total CN Cost Estimate (i +j + k+ l + m) j o. Total Project Cost Estimate (d+ h + n) Agency Official Washington State Department of "transportation BY BY a Title Slr �- Assistant Secretary for Highways and Local Programs Q j 1 ® 1l Date Executed DOT Form 140-039 EF 1 Revised 12/99 Construction Method of F inancing (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 cost (line 4 , 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 September 12 2000 Resolution/Ordinance No . 94 - 00 Provisions 1 . Scope Of Work 1 . Preliminary engineering. The Agency shall provide all the work, labor, materials, and services 2 . Right of way acquisition. necessary to perform the project which is described and set forth in detail in 3 . Project construction . the "Project Description" and "Type of Work." In the event that right of way acquisition, or actual construction of the road, for When the State acts for and on behalf of the Agency, the State shall be which preliminary engineering is undertaken is not started by the closing of the deemed an agent of the Agency and shall perform the services described and tenth fiscal year following the fiscal year in which the agreement is executed, the indicated in "Type of Work" on the face of this agreement, in accordance with Agency will repay to the State the sum or sums of federal funds paid to the plans and specifications as proposed by the Agency and approved by the State Agency under the terns of this agreement (see Section IX). and the Federal Highway Administration . When the State acts for the Agency but is not subject to the right of control The Agency agrees that all stages of construction necessary to provide the by the Agency, the State shall have the right to perform the work subject to the initially planned complete facility within the limits of this project will conform to ordinary procedures of the State and Federal Highway Administration . at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed II . Delegation Of Authority without federal aid participation . The State is willing to fulfill the responsibilities to the Federal Government The Agency agrees that on federal aid highway construction projects, the by the administration of this project. The Agency agrees that the State shall current federal aid regulations which apply to liquidated damages relative to the have the full authority to carry out this administration . The State shall review, basis of federal participation in the project cost shall be applicable in the event the process, and approve documents required for federal aid reimbursement in contractor fails to complete the contract within the contract time , accordance with federal requirements . If the State advertises and awards the VI . Payment and Partial Reimbursement 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 total cost of the project, including all review and engineering costs and the project, the State shall review the work to ensure conformity with the other expenses of the State, is to be paid by the Agency and by the Federal approved plans and specifications . Government. Federal funding shall be in accordance with the Transportation Equity Act for the 21 st Century (TEA 21 ). as amended, and Office of III . Project Administration Management and Budget circulars A- 102, A-87 and A- 133 . The State shall Certain types of work and services shall be provided by the State on this not be ultimately responsible for any of the costs of the project. The Agency project as requested by the Agency and described in the Type of Work above . shall be ultimately responsible for all costs associated with the project which In addition, the State will furnish qualified personnel for the supervision and are not reimbursed by the Federal Government. Nothing in this agreement inspection of the work in progress. On Local Agency advertised and awarded shall be construed as a promise by the State as to the amount or nature of projects, the supervision and inspection shall be limited to ensuring all work is federal participation in this project. in conformance with approved plans, specifications, and federal aid 1 . Preliminary Engineering, Right of Way Acquisition, and Audit Costs 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 The Agency will pay for Agency incurred costs on the project. Following such cost thereof. All costs related to this project incurred by employees of the State payments, vouchers shall be submitted to the State in the format prescribed by the in the customary manner on highway payrolls and vouchers shall be charged as State, in duplicate, not more than once per month. The State will reimburse the costs of the project. Agency up to the amount shown on the face of this agreement for those costs eligible for federal participation to the extent that such costs are directly IV. Availability Of Records attributable and properly allocable to this project. Expenditures by the Local All project records in support of all costs incurred and actual expenditures Agency for maintenance, general administration, supervision, and other overhead kept by the Agency are to be maintained in accordance with local shall not be eligible for federal participation unless an indirect cost plan nas been government accounting procedures prescribed by the Washington State approved by WSDOT. Auditor' s Office, the U. S . Department of Transportation, and the Washington The State will pay for State incurred costs on the project. Following State Department of Transportation. The records shall be open to inspection payment, the State shall bill the Federal Government for reimbursement of by the State and Federal Government at all reasonable times and shall be those costs eligible for federal participation to the extent that such costs are retained and made available for such inspection for a period of not less than attributable and properly allocable to this project. The State shall bill the three years from the final payment of any federal aid funds to the Agency . Agency for that portion of State costs which were not reimbursed by the Copies of said records shall be furnished to the State and/or Federal Federal Government (see Section IX) . Government upon request. 2. Project Construction Costs V. Compliance with Provisions Project construction financing will be accomplished by one of the three The Agency shall not incur any federal aid participation costs on any methods as indicated in this agreement. classification of work on this project until authorized in writing by the State for each classification . The classifications of work for projects are : DOT Form 140-039 EF 2 Revised 12/99 Method A — The Agency will place with the State , within (20) days after X. Traffic Control , Signing , Marking , and Roadway the execution of the construction contract, an advance in the amount of the Maintenance 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 The Agency will not permit any changes to be made in the provisions for State . The State will pay all costs incurred under the contract upon parking regulations and traffic control on this project without prior approval of presentation of progress billings from the contractor. Following such the State and Federal Highway Administration . The Agency will not install or payments, the State will submit a billing to the Federal Government for the permit to be installed any signs, signals , or markings not in conformance with the federal aid participation share of the cost. When the project is substantially standards approved by the Federal Highway Administration and MUTCD . The completed and final actual costs of the project can be determined , the State Agency will , at its own expense, maintain the improvement covered by this will present the Agency with a final billing showing the amount due the State agreement, or the amount due the Agency . '['his billing will be cleared by either a XI . Indemnity payment from the Agency to the State or by a refund from the State to the Agency . 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 , Method B — 'File Agency ' s share of the total construction cost as shown whether at law or equity brought against the Agency , State , or Federal on the face of this agreement shall be withheld from its monthly fuel tax Government, arising from the Agency ' s execution, performance, or failure to allotments . The face of this agreement establishes the months in which the perform any of the provisions of this agreement, or of any other agreement or withholding shall take place and the exact amount to be withheld each month . contract connected with this agreement, or arising by reason of the participation The extent of withholding will be confirmed by letter from the State at the of the State or Federal Government in the project, PROVIDED, nothing herein time of contract award . Upon receipt of progress billings from the contractor, shall require the Agency to reimburse the State or the Federal Government for the State will submit such billings to the Federal Government for payment of damages arising out of bodily injury to persons or damage to property caused by its participating portion of such billings . or resulting from the sole negligence of the Federal Government or the State . No liability shall attach to the State or Federal Government except as expressly Method C — 'Che Agency may submit vouchers to the State in the format provided herein . 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 XII . Nondiscrimination Provision directly attributable and properly allocable to this project. Expenditures by The Agency hereby agrees that it will incorporate or cause to be incorporated the Local Agency for maintenance, general administration, supervision, and into any contract for construction work, or modification thereof, as defined in the other overhead shall not be eligible for Federal participation unless claimed rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is under a previously approved indirect cost plan . paid for in whole or in part with funds obtained from the Federal Government or The State shall reimburse the Agency for the Federal share of eligible borrowed on the credit of the Federal Government pursuant to a grant, contract, project costs up to the amount shown on the face of this agreement. At the loan, insurance, or guarantee or understanding pursuant to any federal program time audit, the Agency will provide documentation of all costs incurred on involving such grant, contract, loan, insurance, or guarantee, the required contract the project. provisions for Federal -Aid Contracts (FHWA 1273 ), located in Chapter 44 of the Local Agency Guidelines . 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 The Agency further agrees that it will t bound by the above equal opportunity to by the State to the Agency for project costs which are subsequently clause with respect to its own employment practices when it participates in so determined to be ineligible for federal participation (see Section IX) . federally assisted construction work: Provided, that the applicant participating is a State or Local Government, the above equal opportunity clause VII . Audit of Federal Consultant Contracts is not applicable to any agency, instrumentality, or subdivision of such The Agency, if services of a consultant are required, shall be responsible government which does not participate in work on or under the contract. for audit of the consultant' s records to determine eligible federal aid costs on The Agency also agrees : the project. The report of said audit shall be in the Agency ' s files and made available to the State and the Federal Government. ( 1 ) To assist and cooperate actively with the State in obtaining the compliance An audit shall be conducted by the WSDOT Internal Audit Office in of contractors and subcontractors with the equal opportunity clause and rules, accordance with generally accepted governmental auditing standards as regulations, and relevant orders of the Secretary of Labor. issued by the United States General Accounting Office by the Comptroller (2) To furnish the State such information as it may require for the supervision General of the United States ; WSDOT Manual M 27-50, Consultant of such compliance and that it will otherwise assist the State in the discharge of Authorization, Selection, and Agreement Administration ; memoranda of its primary responsibility for securing compliance . understanding between WSDOT and FHWA; and Office of Management (3 ) To refrain from entering into any contract or contract modification subject and Budget Circular A- 133 . to Executive Order 11246 of September 24, 1965 , with a contractor debarred If upon audit it is found that overpayment or participation of federal from, or who has not demonstrated eligibility for, government contracts and money in ineligible items of cost has occurred, the Agency shall reimburse federally assisted construction contracts pursuant to the Executive Order. the State for the amount of such overpayment or excess participation (see (4) To carry out such sanctions and penalties for violation of the equal Section IX) . opportunity clause as may be imposed upon contractors and subcontractors by the Vill . Single Audit Act State, Federal Highway Administration, or the Secretary of Labor pursuant to Part The Agency, as a subrecipient of federal funds, shall adhere to the federal II, subpart D of the Executive Order. Office of Management and Budget (OMB) Circular A433 as well as all In addition, the Agency agrees that if it fails or refuses to comply with these applicable federal and state statutes and regulations . A subrecipient who undertakings, the State may take any or all of the following actions : expends $300, 000 or more in federal awards from all sources during a (a) Cancel , terminate, or suspend this agreement in whole or in part; given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of OMB Circular A- 133 . (b) Refrain from extending any further assistance to the Agency under the Upon conclusion of the A433 audit, the Agency shall be responsible for program with respect to which the failure or refusal occurred until satisfactory ensuring that a copy of the report is transmitted promptly to the State . assurance of future compliance has been received from the Agency ; and IX. Payment of Billing (c) Refer the case to the Department of Justice for appropriate legal The Agency agrees that if payment or arrangement for payment of any of proceedings . the State ' s billing relative to the project (e.g. , State force work, project XIII . Liquidated Damages cancellation, overpayment, cost ineligible for federal participation , etc .) is not made to the State within 45 days after the Agency has been billed , the The Agency hereby agrees that the liquidated damages provisions of 23 State shall effect reimbursement of the total sum due from the regular CFR Part 630, Subpart 305 , as supplemented, relative to the amount of monthly fuel tax allotments to the Agency from the Motor Vehicle Fund . Federal participation in the project cost, shall be applicable in the event the No additional Federal project funding will be approved until full payment is contractor fails to complete the contract within the contract time . Failure to received unless otherwise directed the the Assistant Secretary for Highways include liquidated damages provision will not relieve the Agency from and Local Programs . reduction of federal participation in accordance with this paragraph . DOT Form 140-039 EF 3 Revised 12/99 XIV . fermination for Public Convenience XVI . Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The Secretary of the Washington State Department of Transportation may The approving authority certifies, to the best of his or her knowledge and terminate the contract in whole, or from time to time in part, whenever: belief, that : ( 1 ) The requisite federal funding becomes unavailable through failure of ( 1 ) No federal appropriated funds have been paid or will be paid, by or on appropriation or otherwise . behalf of the undersigned , to any person for influencing or attempting to (2) The contractor is prevented from proceeding with the work as a direct influence an officer or employee of any federal agency, a member of Congress, result of an Executive Order of the President with respect to the prosecution an officer or employee of Congress, or an employee of a member of Congress in of war or in the interest of national defense, or an Executive Order of the connection with the awarding of any federal contract, the making of any federal President or Governor of the State with respect to the preservation of energy grant, the making of any federal loan, the entering into of any cooperative resources. agreement, and the extension, continuation, renewal , amendment, or modification (3 ) The contractor is prevented from proceeding with the work by reason of any federal contract, grant, loan, or cooperative agreement, of a preliminary, special , or permanent restraining order of a court of (2) If any funds other than federal appropriated funds have been paid or will competent jurisdiction where the issuance of such order is primarily caused be paid to any person for influencing or attempting to influence an officer or by the acts or omissions of persons or agencies other than the contractor, 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 (4) The Secretary determines that such termination is in the best interests federal contract, grant, loan, or cooperative agreement, the undersigned shall of the State . complete and submit the Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions . XV. Venue for Claims and/or Causes of Action (3) The undersigned shall require that the language of this certification be For the convenience of the parties to this contract, it is agreed that any included in the award documents for all subawards at all tiers (including claims and/or causes of action which the Local Agency has against the State subgrants, and contracts and subcontracts under grants, subgrants, loans, and of Washington, growing out of this contract or the project with which it is cooperative agreements) which exceed $ 100,000, and that all such subrecipients concerned , shall be brought only in the Superior Court fir Thurston County . shall certify and disclose accordingly . This certification is a material representation of tact 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 . Additional Proviisons DOT Form 140-039 EF 4 Revised 12/99 L � . Federal i CAPOno Washington State Department of Transportation Project Prospectus Prefix - Route ( _ _ Federal Aid E e 9/ l /2000 i Project Number Local Agency ! WSDOT Federal Employer Project Number Use Only Tax ID Number Agency Federal Program Title Mason County Public Works 20 . 204 20 . 205 ❑ 20 . 206 ❑ 20 . 209 ❑ Other Project Title Joluls Prairie Road Pedestrian Walk Way and Transit facilities Project Termini From To End of existing walk way at Shelton City Limits Mason County Recreation Association (MCRA) From : To : Length of Project Award Type 0 . 28 mi 1 . 89 ml 1 . 61 miles IM Local ❑ Local Forces ❑ State ❑ Railroad Federal Agency City Number County Number County Name J WSDOT Region , CM FHWA ❑ Others n/a 23 Mason Olympic — _ - Congressional District 1 Legislative Districts Urban Area Number 1 TMA / MPO / RTPO 6 , 35 23 Peninsula Total Local Agency Phase Start Phase Estimated Cost Funding Federal Funds Date ( Nearest Hundred Dollar) ( Nearest Hundred Dollar) ( Nearest Hundred Dollar) Month Year P . E . WOO -- --- - - - $ 43455 -- $ 28 , 545 11 /00 — — RNV - _ $ 301000 - - $4 , 050 - _ - $ 255950 2/01 Const . $ 112 , 000 $ 473495 $ 643505 6/01 Total $ 1753000 $ 565000 $ 119 , 000 Description Of Existing Facility ( Existing Design and Present Condition ) Roadway Width Number of Lanes n/a _ l n/a This facility does not currently exist . Description of Proposed Work i Roadway WidNumber of Lanes ® New Construction ❑ 3- R ❑ 2- 13 1 This project will establish a separated pedestrian walkway which will connect to an existing walkway (just inside the Shelton City limits) to MCRA ( Mason County Recreation Association) . The existing portion of the walkway lies within the City of Shelton and ends into an open field . This project will continue this walkway approximately 1 . 6 miles to the MCRA sports fields ; giving the walkway a highly used destination . Local Agency Contact Person Title Phone William C Bullock Transportation Planning Engineer 427 - 9670 x458 Mailing Address Cit State Zip Code P . O . Box 1850 1 S ielton WA 98584 i By - Design Approval proving Authority - ( CA Agencies Only ) Ti as ounty gineer Date 8 /5 /00 DOT Form 140- 101 EF Page 1 of 3 Revised 6/99 Agency Project Title I Date Mason County Public Works Johns Prairie Road Pedestrian Walk Way and 9/ l /2000 Geometric sin Data Description Through Route Crossroad ❑ Principal Arterial ❑ Principal Arterial Federal ® Urban ❑ Minor Arterial ❑ Urban ❑ Minor Arterial Functional ❑ Collector ❑ Collector - Major Collector ❑ Major Collector Classification Rural ❑ Minor Collector ® Rural [3 Minor Collector ❑ Access Street/Road ❑ Access Street/Road Terrain ❑ Flat Roll ❑ Mau Lain E] t ❑ Roll ❑ Mountain Posted Speed 43 mp)i Design Speed P ------- --------- Existing ADT _ Design Year ADT Design Year 20T2- 720 - - Design Hourly Volume (DHV) Accident = 3 Year Experience Property Injury Accidents Fatal Accidents - - - -- --- - - -- Total Number Year Damage Number of Number of Number of Number of of Accidents Accidents Accidents Injuries Accidents Fatalities i Total Number of Accidents Attributable to Lack of having the Proposed Improvement Performance of Work Preliminary Engineering Will Be Performed By Others Agency Mason County Public Works % 100 % Construction Will Be Performed By Contract i Agency Contract 0 ! 100 Environmental `Classification ❑ Final ® Preliminary ❑ 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 Agreement Environmental Considerations A SEPA Checklist is expected to be performed nad mitigations , if any, will be identified and implemented . DOT Form 140- 101 EF Page 2 of 3 Revised 6/99 ANlason County Public Works I Project Title Road Pedestrian Walk Way and Date Right ❑ No Right of Way Required N Right of Way Required * All construction required by the No Relocation ❑ Relocation Required contract can be accomplished i within the existing right of way . Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project Any utility relocation will be determined upon final project design . FAA Involvement Is any airport located within 3 . 2 kilometers (2 miles ) of the proposed project? ❑ Yes Z 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 Mason County Date � — BY _ r _ �JdeyordChairperson DOT Form 140- 101 EF Page 3 of 3 Revised 6/99