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HomeMy WebLinkAbout42-97 - Res. Agreement with DOT for Brockdale Road Overlay RESOLUTION NO. 97 WHEREAS, in compliance with the terms and conditions set forth in Title 23 US Code Highways; and, WHEREAS, the attached Local Agency Agreement ("Attachment A") has been submitted to the Board of County Commissioners for review. NOW THEREFORE,BE IT RESOLVED by the Board of Mason County Commissioners, that the aforementioned Local Agency Agreement is hereby approved and the Chairperson is authorized to execute said document. ADOPTED this 22nd day of April, 1997. BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON 411 MARY�4,6 CADY Chair#rson \'-CVN� T IA D. OLSEN, Commissioner UL_ �j- A. BOLENDEF., Commissioner ATTEST: Z REBECCA S. ROGERS Clerk of the Board �PROVED AS TO FORM: MICHAEL CLIFT Deputy Prosecuting Attorney scv h:\wp\text\1oca1-ag.agr Washington State • Local Agency Agreement , Department of Transportation Agency Mason County Public Works Project No. Address P.O. Box 1850 Agreement No. Shelton, Washington 98584 For Headquarters 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)Office of Management and Budget Circulars A-102 and A-128,(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 s,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 Brockdale Road Overlay Length 1.24 miles Termini T-sland Lake Drive to Jensen Road Description of Work Project will consist of 2" ACP overlay and minor widening of shoulder to 5 feet on each side through the length of the project. Estimate of Funding Type of Work (1) (2) (3) EstimatedTotal Estimated Estimated ProjectFunds Agency Funds Federal Funds PEa. Agency work .............3.a.0.00............... ................450.................. ............2.,.550........... b. Other .............................I.............. ........................................... ....................................... c. State services 500 75 425 d. Total PE cost estimate(a+b+c) 3,500 525 2,975 Rightof Way e. Agency work ............................... ........................................... ....................................... f. Other ......................................... ........................................... ....................................... g. State services h. Total R/W cost estimate(e+f+g) ®A N/A N/A Construction i. Contract ........................................... ..............:............................ ..........I........................... . j. Other Agency Force .......1.40.,000............... ......21.,.000.........I........ .......119.mRA.0............ k. Other ............................................ ........................................... 1. Other ............................................ ........................................... ....................................... in.Total contract costs(i+j+k+l) 140,000 21 ,000 119,000 Construction Engineering 2 382 n. Agency '.......................... ..................`7.................... ..........-L025............ o. Other ................0...................... ................... ..................... ..................0.................. p. State forces 1 ,176 176 1 ,000 q. Total construction engineering(n+o+p) 3 558 533 r. Total construction cost Estimate(m+q) 143,558 21 ,533 122,025 s. Total cost estimate of the project (clt+r) 147 058 22,058 *Federal participation in construction engineering(q)is limited to 15 percent of the total contract costs(line in,column 3). The federal aid participation rate in this project will be determined by the Federal Government.The.parties expect that it will be 85 percent;however,it is understood that the rate may vary.The Local Agency agrees that this agreement is entered into without relying upon any representation by the state made outside of this contract,or contained herein,as to what the federal participation rate will be.It further agrees that it will not condition any future actions with respect to the project covered by this agreement upon past,current,or future representations as to the federal participation rate.The dollar amount of federal partici ation cannot exceed the amount shown in line s,column 3.All costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. DOT Form 140-039 Revised 8195 1 Construction Method of Financing (check method selected) . State Ad and Award O Method A—Advance Payment—Agency share of total Construction cost(based on contract award) O 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 orLocal Ad and Award O 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 Apri 1 22 19 97, ,Resolution/Ordinance No. 42-97 Agency Official Washington State Department of Transportation 4&/By By — M Y JO C a i rpers Assistant Secretary for TransAid Board ofmason Cotinty CUnmissinners Date Executed ------------- Provisions 1. Scope of Work payment of any federal aid funds to the Agency.Copies of said The Agency shall provide all the work,labor,materials,and records shall be furnished to the State and/or Federal Government services necessary to perform the project which is described and set upon request. forth in detail in the"Project Description"and"Type of Work." V. Compliance with Provisions When the State acts for and on behalf of the Agency,the State The Agency shall not incur any federal aid participation costs shall be deemed an agent of the Agency and shall perform the services on any classification of work on this project until authorized in described and indicated in"Type of Work"on the face of this writing by the State for each classification.The classifications of work agreement,in accordance with plans and specifications as proposed by for projects are: the Agency and approved by the State and the Federal Highway 1. Preliminary engineering up to and including approval. Administration. When the State acts for the Agency but is not subject to the right 2. Preparation of plans,specifications,and estimates. of control by the Agency,the State shall have the right to perform the 3. Right of way acquisition. work subject to the ordinary procedures of the State and Federal 4. Project construction. I fghway Administration. In the event that right of way acquisition,or actual construction of the road,for which preliminary engineering is undertaken is not if. Delegation of Authority started by the closing of the tenth fiscal year following the fiscal year The State is willing to fulfill the responsibilities to the Federal in which the agreement is executed,the Agency will repay to the State Government by the administration of this project.The Agency agrees the sum or sums of federal funds paid to the Agency under the terms that the State shall have the full authority to carry out this of this agreement(see Section Vlll). administration.The State shall review,process,and approve The Agency agrees that all stages of construction necessary to documents required for federal aid reimbursement in accordance with provide the initially planned complete facility within the limits of this federal requirements.if the State advertises and awards the contract, project will conform to at least the minimum values set by approved the State will further act for the Agency in all matters concerning the statewide design standards applicable to this class of highways,even project as requested by the Agency.if the Local Agency advertises and though such additional work is financed without federal aid awards the project,the State shall review the work to ensure participation. conformity with the approved plans and specifications. The Agency agrees that on federal aid highway construction projects,the current federal aid regulations which apply to liquidated Ill. Project Administration damages relative to the basis of federal participation in the project Certain types of work and services shall be provided by the State cost shall be applicable in the event the contractor fails to complete on this project as requested by the Agency and described in the Type the contract within the contract time. of Work above.in addition,the State will furnish qualified personnel for the supervision and inspection of the work in progress.On Local VI. Payment and Partial Reimbursement Agency advertised and awarded projects,the supervision and The total cost of the project,including all review and inspection shall be limited to ensuring all work is in conformance with engineering costs and other expenses of the State,is to be paid by the approved plans,specifications,and federal aid requirements.The Agency and by the Federal Government.Federal funding shall be in salary of such engineer or other supervisor and all other salaries and accord with the Inlermodal Surface Transportation Efficiency Act costs incurred by State for(rS upon the project will be considered a cost I991,Title 23,United States Code,as amended,and Office of Ihereof.All costs related to this project incurrml by employees of till- Management and Budget circulars A-102 and A-128.•ihe Slate shall Slate in Ilw customary manner on highway payrolls and vouchers shall not he ultimately responsible for any of the costs of the project.The Ill-charged as costs of the project. Agency shall be ultimately responsible for all costs associated with the IV. Availability of Records project which are not reimbursed by the Federal Government. Nothing in this agreement shall he construed as a promise by the State All projml records in support of all costs incurred and actual as In Ihr amount or aalure of federal participation in this project, expendittims kept by the Agency are to br maintained in accordance 1. Preliminary Engineering,Righlof Way Acquisition,and with procedures prescribed by the Division of Municipal Corporalions Audit Costs of the State Auditor's Office•,the U.S.Department of Transportation, and the Washington Stale Department of•f'ransportation.-for roc•ords The Agency will pay for Agenry incurred costs on the pState i shall br open to inspection by till-`:late and Federal(;overnment al all Following sup h payments,t vouill(%cl it shall hr subnte,n not Ihl-Slab in reasonable lirnes and shall be rrbuned and made available(or ranch the formal ni prrscrihrd by the State,in -sv tho Agency till tutu than inspection for a period of not less Ilion Ihrre years Irons the final ctnc'per monlh.'Ihr State will n•imtiutsr Ihr Agency up to the iJO f 1 nr 141,O 4<; 7 Local Agency Environmental Ar Washington State Classification Department of Transportation part 1 Pro,ect®ascription Summary Type Date Created Date Revised Revision Number ❑Preliminary ❑Final Federal Aid Project Number Route ( ) Local Agency Project Number Agency Federal Program Title Mason County ❑20.204 P20.205 ❑20.206 ❑20.209 ❑Other Project Title Brockdale Road Overlay Begin End 20 $� 21 MP 1.98 MP 3.22 Miles 1 m 24 Township KP KP KM Range 4 County Water Resource Inventory Area(WRIA)No.&Name Within Puget Sound Basin? Mason PYes ❑No ' ': Part 2 :Permits and Approvals;Regyared ; ... Yes No Permit or Approval Yes No Permit or Approval ❑ ] Corps of Engineers ❑ Sec. 10 ❑ Sec. 404 ❑ ® Shoreline Permit ❑ Nationwide Type ❑ [ State Waste Discharge Permit ❑ Individual Permit No. ❑ ® Temp. Modification of Water Quality Standards ❑ ® Coast Guard ❑ Section 4(f)ffi ft Wildlife Refuges, Recreation Areas, Historic Properties ❑ [X] Coastal Zone Management Certification ❑ ❑ [XJ Water Rights Permit [XI Critical Area Ordinance(CAO)Permit ❑ � ❑ C] Water Quality Certification-Sec.401 Flood Plain Development Permit Issued by ❑ ] Forest Practice Act Permit ❑ [ Tribal Permit(s),(If any) ❑ ] Hydraulic Project Approval ❑ �] Local Building or Site Development Permits ❑ ] Local Clearing and Grading ❑ [ Nati.Historic Preservation Act-Section 106 ❑ ❑ ] Other Permits,including GMA(List): (NPDES)Municipal Stormwater Discharge ❑ [X] National Pollutant Discharge Elimination System (NPDES)Baseline General for Construction [� Stormwater Site Plan Temp. Erosion Sediment Control Plan(TESC) Part 3 EnVtronrnental �lassficatton NEPA SEPA ❑ Class I-Environvental Impact Statement(EIS) ® Categorically exempt per WAC 197-11-800 Class II-Categorically Excluded(CE) ❑ Determination of Non-Significance(DNS) ❑ Projects Not Requiring Documentation for FHWA ❑ Environmental Impact Statement(EIS) Approval(LAG 24.22(a)) ❑ Other Actions: ❑ Adoption KC] Projects Requiring Documentation Without ❑ Addendum Further FHWA Approval(LAG 24.22(b)) ❑ Projects Requiring Documentation and FHWA Approval(Documented CE)(LAG 24.22(c)) ❑ Class III-Environmental Assessment(EA) ❑Supplemental EIS(SEIS) DOT Form 140.100 EF Page 1 of 4 1/97 .......::::.:..:::: :.:...::.:::..: :..::..:::.:........ .... . ParE 4 En��ronmenta[Considerations y rs Will the project involve work in or affect any of the following? Identify proposed mitigation. Attach additional pages or supplemental information of necessary. 1. Air Quality Identify any anticipated air quality issues. Is the project included in Metropolitan Transportation Plan? ❑Yes ®No Is the project located in an Air Quality Non-Attainment Area(for carbon monoxide,ozone,or PM10)? ❑Yes No Is the project exempt from Air Quality conformity requirements? Yes ❑No 2. Critical/Sensitive Areas Identify any known Critical or Sensitive Areas as designated by local Growth Management Act ordinances. a. Aquifer Recharge Area,Wellhead Protection Area,or Sole Source Aquifer. Project will not affect such properties or areas. b. Geologically Hazardous Area None exist on project. c. Habitat List known species: (1) Threatened/Endangered Species or Priority Habitat or Species. Indicate state or federal listing. No impacts anticipated. (2) General fish and wildlife habitat None exist on project (no water bodies) d. Wetlands. Estimate impacted categories and acreage: (1) Are wetlands present? ❑Yes x❑No (2) Estimated area impacted: Acres 3. Cultural Resources/Historic Structures Identify any historic or archaeological resources. Project does not affect any such resources or structures. 4. Flood Plains or Ways Is the project located in a 100-year flood plain? ❑Yes x❑No If yes, is the project located in a 100-year floodway? ❑Yes ❑No Will the project impact a 100-year flood plain? ❑Yes ®No DOT Form 140-100 EF Page 2 of 4 1197 Part 4.Environmental Consederatons ;Confinued 10. Tribal Lands Identify. None 11. Visual Quality Will the project impact roadside classification or visual aspects? ❑Yes ®No 12. Water Quality/Storm Water Is the project likely to increase runoff or affect water quality? ❑Yes ®No Will the project include water quality/quantity treatment for the new pavement? ❑Yes ®No Will the project include water quality/quantity treatment for existing pavement? ❑Yes FLI No Has a NPDES municipal general permit been issued for this WRIA? ❑Yes KN No 13. Previous Environmental Commitments Have provious environmental commitments been made in the project area? ❑Yes [A No Identify 14. Long-Term Maintenance Commitments Are long-term maintenance commitments necessary for this project? —]Yes ®No Identify .. Part 5 Approval Signatures Local Ag y proving Authority Date Regional TransAid Engineer Date OV /Asst.Secretary-TransAid Federal HiffnwayAdrA. istration Date Completed By Telephone Fax DOT For 140.100 EF Page 4 of 4 1/97 O .eratl n 5. Hazardous and Problem Waste Identify potential sources and type. Is the project likely to involve site clean-up? ❑Yes ®No 6. Noise Identify potential sensitive receptors or previous mitigation commitments. Development of adjacent land is minimal; therefore, no significant noise impact is expected. 7. Parks, Recreation Areas,Wildlife Refuges, Historic Properties, or Scenic Rivers/Byways, 4(f)/6(f) Lands. Identify. Project does not abut any such properties or lands. 8. Resource.Lands Identify areas of impact. a. Agricultural None affected b. Forest/Timber Project will improve corridor for use as haul routes. c. Mineral None affected. 9. Rivers, Streams (Continuous, Intermittent), or Tidal Waters a. Identify by name, proximity to project and Washington Stream Catalog Number. Fisheries WA Stream No. Ecology 305b Report No. Project does not cross any water bodies or streams. b. Identify stream crossing structures by type. DOT Form 140-100 EF Page 3 of 4 1/97 ® Locale a er I � Washington State vI/ Department of Transportation Aid Project Prospectus Prefix Route ( ) Federal Aid Project Number Date Local Agency Federal Employer Project Number 970LAY 1 Tax ID Number Agency Federal Program Title Mason County Department of Public Works ❑ 20.204 ® 20.205 ❑ 20.206 ❑ 20.209 ❑ Other Project Title Brockdale Road ACP Overlay Project Termini From To Island Lake Road Jensen Road From: To: Length of Project Award Type MP 1.98 MP 3.22 1.24 miles ® Local ❑ Local Forces ❑ State ❑ Railroad Federal Agency City Number County Number County Name WSDOT Region 0 FHWA ❑ Others I NA 23 Mason Olympic Congressional District Legislative Districts Urban Area Number TMA/MPO/RTPO 6 35 N/A Peninsula Total Local,4gency' Percent Obltgatton Federal Funds Phase Estimated Cost Funding Federal Date {Nearest Do .. ..., ;.(Nearest bollar) (Nearest Dollar} Funds Month Year P.E. 3,500 525 2,975 RAN --- --- --- --- Const. 3,558 553 122,025 Total 7,058 22 058 125,000 Deserfptlon of Existing FCility (Existing Desrgn and Aresent Condition) Roadway Width Number of Lanes 26 feet to 34 feet 2 Current alignment consists of two 12 foot lanes with shoulder widths ranging from 1 foot to 5 feet along -length of project. Description of;Proposed Work Roadway Width Number of Lanes ❑New Construction ❑3-R ®2-R 34 2 Project will consist of 2" ACP overlay and minor widening of shoulders to 5 feet on each side through the length of the project. Local Agency Contact Person Title Phone William Bullock 27-9670, ext. 4 8 Mailing Address - City I State Zip Code P.O. Box 1850 Shelton WA 98584 B Design Approval y J Y AUT P r ng Authority (CA Agencies Only) A ri 1 22,1997 T tle ou kngin a Date p DOT Form 140.101 EF Page 1 of 3 Revised 1/97 Agency Project Title Date Mason Brockdale Road ACP Overlay Geometric Design Dafa. .. ... IN g ,. Description Through Route Crossroad ~ ❑Principal Arterial ❑Principal Arterial Federal ❑Urban ❑Minor Arterial - ❑ Urban ❑Minor Arterial Functional ❑Collector ❑Collector Classification Major Collector ❑Major Collector ❑Rural ❑Minor Collector ❑ Rural ❑Minor Collector ❑Access Street/Road ❑Access Street/Road Terrain )EA Flat ❑Roll ❑Mountain ❑Flat ❑Roll ❑Mountain Posted Speed 45 Design Speed 45 Existing ADT 5000 Design Year ADT 7000 Design Year 2013 Design Hourly Volume(DHV) 700 Accident 3 Year Experience ; .. . .. ... Property In'u Accidents Fatal Accidents Total Number Year Damage Number of Number of Number of Number of of Accidents Accidents Accidents Injuries Accidents Fatalities 1994 4 3 7 2 2 9 1995 4 6 4 1996 1 1 1 2 5 8 14 2 2 1 MEMO:..:....... TotaG;Number of Accidents Attributable to Lack of haVtngthe Pco'posed'Improeme>nt. . 5 8 14. Performance of Work ; Preliminary Engineering Will Be Performed By Others Agency Mason County Department of Public Works % 100 % Construction Will Be Performed By Contract Agency Mason County Department of PUblic. Works % 100 Envronmental;Class>IfcationOXX ®Final ❑Preliminary ❑ Class I-Environmental Impact Statement(EIS) Class II-Categorically Excluded(CE) ❑ Project Involves NEPA/SEPA Section 404 ❑ Projects Not Requiring Documentation for FHWA Interagency Agreement Approval(23CFR 771.117(c)) ❑ Class III-Environmental Assessment(EA) Projects Requiring Documentation Without Further FHWA Approval(FHWA/WSDOT MOU ❑ Project Involves NEPA/SEPA Section 404 dated 2/90) Interagency Agreement ❑ Projects that Require Documentation and FHWA Approval(Documented CE) Environmental Considerations DOT Form 140-101 EF Page 2 of 3 Revised 1/97 A ncy Project Title Date Rason County Brockdale Road ACP Overlay Mix Right of Way ® No Right of Way Required ❑Right of Way Required *All construction required by the ❑No Relocation ❑ Relocation Required contract can be accomplished within the existing right of way. Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project FAA Involvement Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ❑ Yes ® 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 April 22, 1997 By airpe on Board Mason County ommissioners DOT Form 140-101 EF Page 3 of 3 Revised 1M7 Washington State Department_of Transportation Federal Aid Project Prospectus Prefix Route ( , Ei Federal Aid rLocal Agency Project Number Project Number Agency Federal Program Title Mason County Public Works ❑ M.24 9M-205 ❑ M-206 ❑ M-209 [I Other Project Title Brockdale Road ACP Overlay Project Termini From To Island Lake Road Jenson Road From: To Length of Project Award Type MP 1.98 MP 3.22 1 .24 miles ® Local ❑ Local Forces ❑ S ` ❑ Railroad Federal Agency City Number County Number County Name DOT Region U FHWA ❑ others N/p 23 .Mason Olympic EIS CE EA - Congressional`°District Legislative Districts Urban Area Number T /MPO/RTPO ❑ 1 ❑ u ❑ Ill _. _ 35 N/A Peninsula _ µl : ' otal ' oc�allAgenoy�� !!� nd :."�b.! u� Percent Obir atto H. �riuuur^!! um II h!I� a �hll.:'9i „! aI Ih(. FedGC81�1=U[idl$a �7I. w �� h g 1 _ und Feeea! !_�I"N:v h_ - ��.:: ... _.. .� � ...���_ lt•!_...... . Mort� P.E. 3,500 500 3,000 ,.' 85% R/W - -- --- ----:' --- Const. 140,000 - 21 ,0;00. 119,000 85% Total 143 500 21 ,560, 124000 85% a:�:.y.:.:_vi_...cu:...�c:..,.i:::::;v:::::..._c:u -............ ::::::::::::.�-,n:ca:::v:.:....:.:::...::�:::........::: �[ :kq ., rm^'au. ,: a ?�. . ,7;HW:W�s: ! ^' .'.`' a:�.a ...:'a a, - «.,,; ; r!!'Sm`.�°«!=-:r�_=...4+-_: .: ---- c p t� , g� 111 ]R (Extstmg D stgn and i s �Gonditigni -' -- i,;,: .m_a:`::;!�!:;,s:..:+�-�:.,.::r-�?•k3s�!u!��.=_�iwr.e:z— -... *:� +�..a:....e,:.:mx.e:T� �: ?e�.N...._exa��.._.gw "�.-_�di�,._ �30:__.. !w�ac�4".-'r."_ �'�_ Roadway Width Number of Lanes 26 feet -to ,34- feet- 2 Current alignment consists of two 12 foot�,,,Janes with shoulder widths ranging from 1 foot to 5 feet along length of project. rsed VYorlkt: !. � _ . .oecrpinorp�D t fP Roadway Width Number of Lanes ❑New Construction ❑3-R ®2-R 34 few 2 Project will consist of 2" ACP overlay and minor widening of shoulders to 5 feet on each side through the length; of the project. Local Agency Contact Person Title Pho e William Bullock Transportation Engineer 2%-9670, x458 Mailing Address P 0 Box 1850 City Shelton Zip Code 9858 Location and Design Approval By (CA Agencies Only) Approving Authority t ( 7 �/ V Date L47 22 DOT Form 140-009A Page 1 Of 3 Revised 2198 g Agency Project Title Date l Mason;,' Brockdale Road ACP Overlay t �.: .. '! ! 4 w�:I °:1 tii� !'�u,'i E��!a��'::'.:ul!�,;�r I�: ;i�IN:ICI d!�G�.i:�IHIII�if'i! 1C $ Ig. � xu!� .fit iih� 1411 �Nu�Hiw x. ii ��l�9i�l�il!IIIII�IIG tiu d� tlhil� tl Description Through Route Crossroad ❑Principal Arterial ❑Principal Arterial . - Federal ❑Urban ❑Minor Arterial ElUrban ❑Minor Arterial Functional ❑Collector ❑Collector Classification 1XI Major Collector ❑Major Collector ❑Rural ❑Minor Collector ❑ Rural _ - ❑Minor Collector ❑Access Street/Road ❑Access Street/Road Terrain 99 Flat ❑Roll ❑Mountain ❑Flat ❑Roll ❑Mountain Posted Speed 45 Design Speed 45 -Existing ADT : 5000 Desi n Year ADT' 7000 Desi n Year 2013 Design Hourly Volume(DHV) 700 - �. :x. �. .:r. .. pl!:4:.: .,.i!r-.'..°'.: ::nx:: i:u, --__ �xx:...; �. ,,,. ab q qx r...2.!.:wu,::ic;9 k:,xa:x::!ii�.__:.Llew::.W..: .�".!xa;x`...::Y_ti...aL,. ..rs" aieE::a!:..:.. .m:'.Al�L..' x.::Lh:.: !.i: '_-::ti..:r__::!rl,,..!ty. .......::...!i..._. ;x.L_�?:_. .' '!:...' - Rx..:: ..- .. _ .,E; - ..!� �n:x lw:m:d:::,xu't^:adil�:.. rl.?i "dk! e,�._,r!: ^.1N :g ----- ow .:�a!hl dq: ..M _._.__._. tl.i:et .!�.h:::,� :....... ... .::: n�:x:;:;:.WwgG-:,=::.::!.- :. iS:� ..... EEE:._—_�.___�:�+!a_.! �:�'.."�- - ..rz� :.._,.,::: .......:.:....�.�,_,,,�.�,P....�.__.:::_.._._...._...._.._._::,i!:::�::er_:::......_.,_...._.....§'x:':.._...,...�.__..........._�.::...._ , Property Injury Accidents Fatal Accidents ,Year ;, Damage Number of 'Number of Number of Number of Total Number Accidents Accidents njuries Accidents Fatalities of Accidents 3 ti 2 2 9 - 95 4 6 4 - 96 1 1 1 2 5 8 14 2 2 15 -.._..___-..........................._.......__................_..._._.:...r._,.._....:.........: ...... -- - To#a1:AlutmberofAt:ctdents"Attnbutabteto,_La: of have aF�eP..ro` osdi. '1m rovement...: t ...., _. _.. _. -—. j. .: �`-+'. ._,z_:' xdt..3r'.,:,rx,=_!;3r=u-" iai n6E, _+.�:..--:,C,,.1e__ __ -!:a;m-sr Fri '!!:ww';.d;T.. :':-n!:...w::_ gg+=_:i - '.�" �?"' -:-,F ai— .:�.. ,m:_..-:i�..:':',,t..,.�:1:...,, !i r?' ', t "-r,.:.. i 1 :: 6!W '1"� € ::. ..._,. ...:::.::: u::�::., .: xx, lu!:i: i!.d1. ': ...:a..r...ta. !!! „w 'h _--"-,...'i'._.?'Y_M'�.!!.:, �....a n� u.. - .. ..,,!: !_;;:.d :!!:Lw: :,,...... !°�x�:"s.;. ._:4.. :.1a ..!.. .:xw._.:x.-.: .. ... ra.!::dr:w:::..!:.. .a'.:a.:,!:.u.. 1 .. rA!..li... ero: ance..of o '--' a:!i� . !....;�d:ra w: !'!'. o::.ti 4a:inw!�!!!�w !!and!,.nl!!!!xl!I4.xnk�Ndl!mli:d�!IMF, :�ii�,*�n!'vn9nli�F!il�'!ri �!n� 1 !.ti Preliminary Engineering Will Be Performed By ", Others Agency Mason County Public Works % 100 % Construction Will Be Performed By Contract Agency Mason County Public Works % 100 % Environmental Considerations None ❑ Check If No R/W Is acqulred° (DOT Form 262-060 and Endorsement must be on file with the CA Agen(*refer to Chapter 25 LAG manual) Right of Way and Relocation Water Area Involvement None DOT Form Page 2 of 3 Agency Project Title Date Mason County Brockdale Road Overlay Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project None y<, r4 FAA Involvement Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ❑ Yes ❑ o 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 Date By Co U l.Cl mil, ndCh �dcnai�e o DOT Form 140-009A Revised2M Page 3 of 3 Washington State ANY Department of Transportation Local Agency Agreement Agency Mason County Public Works Project No. P 0 Box 1850 Address Agreement No. Shelton WA 98584 For Headquarters 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)Office of Management and Budget Circulars A-102 and A-128,(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,rglative to the above project,the Washington State Department of Transportation will authorize the Local Agency to proceed on the proje�t'by a separate notification.Federal funds which are to be obligated for the project may not exceed the amount shown herein on line s,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 Deserlptlon Name Brockdale Road Overlay Length 1.24 miles Termini Island. I''akt, Drive to Jensen Road Description of Work Project will consist of 2" ACP overlay and minor widening of shoulder to 5 feet on each side through the 'length of the project. Estimate of Funding Type of Worka) cv (3) EstimatedTotal Estimated Estimated Project Funds Agency Funds Federal Funds PEa. Agency work ...........3 3 50.0............. ..................5.00................ ...........3.,.000............. b. Other ............. I....................... ........................................... c State services d. Total PE cost estimate(a+b+c) 3,500 500 3,000 Rightof Way e. Agency work ..............................4 ........ ........................................... ....................................... f. Other ................................... ............................ ........ ........................................... g. State services h. Total R/W cost estimate(e+f+g) N/A N/A NIA Construction i. .Contract j. Other ............................................ k. Other ............................................ ........................... 1. Other ............................................ .......:................................... ...........I........................... in.Total contract costs(i+j+k+l) NIA NIA /A Construction Engineering n. Agency 1 0.:.000.............. .......21 ,000... ............ ....1.1. .7.00 ............. o. other 140,000 21 ,000 119,®® ............. .... ... . . ..... ..... p. State forces 1 , fib............ ........� ,Ob0 V19000 q. Total construction engineering(n+o+p) r. Total constriction cost Estimate(m+q) s. Total cost estimate of the project (d+h+r) "Federal participation in constriction engineering(q)is limited to 15 percent of the total contract costs(line in,column 3). The federal aid participation rate in this project will be determined by the Federal Government.The parties expect that it will be 85 percent;however,it is understood that the rate may vary.The Local Agri agrees that this agreement is entered into without relying upon any representation by the state made outside of this contract,or contained ereln,as to what the federal participation rate will be.It further agrees that it will not condition any future actions with respect to the project covered by this agreement upon past,current,or future representations as to the federal participation rate.The dollar amount of federal participation cannot exceed the amount shown in line s,column 3.All costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. DOT Form 140-039 I Revised 8/95 Construction Method of Fk—Ancing (cheek method-deded) S tate Ad and Award O Method A—Advance Payment—Agency share of total construction cost(based on contract award) O 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 - O 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 ci ligated,it accepts and will comply with the applicable provisions set forth below.Adopted by official action on ( �n ( aa- .19 9`7 .tesolution/Ordinance No. Agency Official Washington State Department of Transportation By By Assistant Secretary for TransAid kppp 5� Date Executed Provisions 1. Scope of Work �fi payment of any federal aid funds to the Agency.Copies of said, The Agency shall provide all the work,labor,materials,and records shall be furnished to the State and/or Federal Government services necessary to perform the project which is described and set °`= upon request. forth in detail in the"Project Description'and"'Type of Work." V. Compliance with Provisions 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 '` The Agency shall not incur any federal aid participation costs described and indicated in"Type of Work"on the face of this on any classification of work on this project until authorized in agreement,in accordance with plans and specifications as proposed by writing by the State for each classi-fication.The classifications of work the Agency and approved by the State and the Federal Highway for projects are: Administration. 1. Preliminary engineering up to and including approval. When the State acts for the Agency but is not subject to the right 2• Preparation of'plans,'specifications,and estimates. of control by the Agency,the State shall have the right to perform the 3. Right of way acquisition. work subject to the ordinary procedures of the State and Federal 4. Projectfonstruction. Highway Administration. in the.event that right of way acquisition,or actual construction 'w 11. Delegation of Authority of the road,for which preliminary engineering is undertaken is not started by,the closing of the tenth fiscal year following the fiscal year The State is willing to fulfill the responsibilities to the Federal in which the agreement is executed,the Agency will repay to the State Government by the administration of this project.The Agency agrees the sum or sums of federal funds paid to the Agency under the terms that the State shall have the full authority to carry out this of this agreement(see Section VIIi). administration.The State shall review,process,and approve The Agency agrees that all stages of construction necessary to documents required for federal aid reimbursement in accordance with provide the initially planned complete facility within the limits of this federal requirements.If the State advertises and awards the contract, project will conform to at least the minimum values set by approved the State will further act for the Agency in all matters concerning the statewide design standards applicable to this class of highways,even project as requested by the Agency.If the Local Agency advertises and though such additional work is financed without federal aid awards the project,the State shall review the workµto ensure, participation. conformity with the approved plans and speci tcations. The Agency agrees that on federal aid highway construction Ill. Project Administration projects,the current federal aid regulations which apply to liquidated Certain types of work and services shall be provided by the State damages relative to the basis of federal participation in the project on this project as requested b the Agency and described in the Type cost shall be applicable in the event the contractor fails to complete p 1 q y b y yp the contract within the contract time. of Work above.in addition,the State will furnish qualified personnel for the supervision and inspection of the work in progress.On Local VI. Payment and Partial Reimbursement Agency advertised and awarded projects,the supervision and The total cost of the project,including all review and inspection shall be limited to ensuring all work is in conformance with engineering costs and other expenses of the State,is to be paid by the• approved plans,specifications,and federal aid requirements.The Agency and by the Federal Government.Federal funding shall be in salary of Such engineer or other supervisor and all other salaries and accord with the intermodal SurfaccTransportation Efficiency Act costs incurred by State forces upon the project will be considered a cost 1491,Title 23,United States Cade,as aTended,and Office of thereof.All costs related to this project incurred by employees of tho Management and Budget circulars A-M and A-128.The State shall State in the customary manner on highway payrolls and vouchers shall not be ultimately responsible for any of the costs of the project.The he charged as costs of the project. Agency shall be ultimately responsible for all costs associated with the IV. Availability of Records project which are not reimbursed by the Federal Government. All ro'u ct records in support of all costs incurred and actual Nothing in this agreement shall he consirud t• as a promise by the State F I pI as lu the amoral or nature of federal participation in this project. expendilors kept by the Agency ark-to be maintained in accordance 1. 1'reliminaryEngineering,flight of Way Aequisition,and with procedures prescribed by the,division of Municipal Corporations AuditCoeta of the State Auditor's Office,the U.S.Di-portment of Transportation, and the Washington State i)eparlrn.,nt of'Transportation.The records 'I he Agem y will pay for A}';'ru'1'inrnrred crusts on the project. shall be nPen to inspection by the State and federal Govenuneot al all Following such payments,vouchvis shall be submitted ht Iho Stale in n asonable time-,and shall he relnincrl and maile:rvailnl,le for such the formal pre•scrihrd by the State,in quadruplicate,not more than inspection fora period of not less.thin Three years from the find rune per mouth.,the State will roinihorse thr*Agency tip to Ihr w)r I.uu tor,ri{'i ra,r,„•i na,-, z Labor for purposes of investigation to ascertain compliance with such to the amount of Federal participation in the project cost,shall be " Hiles,regulations,and orders. applicable in the event the contractor fails to complete the contract (f) In the event of the contractor's noncompliance with the within the contract time.Failure to include liquidated damages nondiscrimination clauses of this contract or with any of such rules, provision will not relieve the Agency from reduction of federal regulations or orders,this contract may be canceled,terminated,or participation in accordance with this paragraph. suspended in whole or in part and the contractor maybe declared ineligible for further government contracts or federaI assisted X111,'Germination for Public Convenience construction contracts in accordance with procedures uthorized in The Secretary of the Washington State Department of Executive Order 11246 of September 24,1965,and su other sanctions Transportation may terminate the contract in whole,or from time to may be imposed and remedies invoked as provided in ecutive Order time in part,whenever. 11246 of September 24,1%5,or by rule,regulation,or o der of the (1)The requisite federal funding becomes unavailable through Secretary of Labor,or as otherwise provided by law. failure of appropriation or otherwise. (g)The contractor will include the provisions of t Section 11-2 (2)The contractor is prevented from proceeding with the work in every subcontract or purchase order unless exempted y rules, as a direct result of an Executive Order of the President with respect to regulations,or orders of the Secretary of Labor issued pu uant to the prosecution of war or in the interest of national defense,or an Section 204 of Executive Order 11246 of September 24,19 ,so that Executive Order of the President or Governor of the State with respect such provisions will be binding upon each subcontractor r vendor. to the preservation of energy resources. The contractor will take such action with respect to any su contract or (3)The contractor is prevented from proceeding with the work purchase order as the Agency,Washington State Departm t of by reason of a preliminary,special,or permanent restraining order of a Transportation,or Federal Highway Administration may d as a court of competent jurisdiction where the issuance of such order is means of enforcing such provisions including sanctions for primarily caused by the acts or omissions of persons or agencies other noncompliance:Provided,however,that in the event a contr ctor than the contractor. becomes involved in,or is threatened with,litigation with a (4)The Secretary detennmes,.tliat such termination is in the best subcontractor,he may request the United States to enter into s ch interests of the State. litigation to protect the interests of the United States. XIV.Venue for Clai �ind/or Causes of Action The Agency further agrees that it will be bound by the above For the convene of the parties to this contract,it is agreed equal opportunity clause with respect to its own employment practices P g when it participates in federally assisted construction work:Provided, that any claims and/„ol causes of action which the Local Agency has that if the applicant so participating is a State or Local Govenunen�t,the against the State of Washington,growing out of this contract or the above equal opportunity clause is not applicable to any agency, project with which it is concerned,shall be brought only in the instrumentality,or subdivision of such government which does not",:. Superior Court for Thurston County. participate in work on or under the contract. , Certification Regarding`the Restrictions of the Use The Agency also agrees: of Federal Funds for Lobbying (1)To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal The approving authority certifies,to the best of his or her opportunity clause and Hiles,regulations,and relevant orders of the knowledge and belief,that: Secretary of Labor. (1)No federal appropriated funds have been paid or will be (2)To furnish the State such information as it may require for the paid,by or on behalf of the undersigned,to any person for influencing supervision of such compliance and that it will otherwise assist the or attempting to influence an officer or employee of any federal State in the discharge of its primary responsibility for securing agency,a member of Congress,an officer.or employee of Congress,or compliance. an employee of a member of Congress in connection with the (3)To refrain from entering into any contract or contract awarding of any federal contract,the making of any federal grant,the modification subject to Executive Order,11246 of September 24,1965, making of any federal loan,the entering into of any cooperative with a contractor debarred from,or who has not demonstrated` agreement,and the extension,continuation,renewal,amendment,or eligibility for,government contracts and federally assisted construction modification of any federal contract,grant,loan,or cooperative contracts pursuant to the Executive Order. agreement. (4)To carry out such sanctions and penalties for violation of the (2)If any funds other than federal appropriated funds have been equal opportunity clause as may be imposed upon,contractors and paid or will be paid to any person for influencing or attempting to subcontractors by the State,Federal Highway,Administration,or the influence an officer or employee of any federal agency,a member of Secretary of Labor pursuant to Part II,suP b art D of the Executive Congress,ail officer or employee of Congress,or an employee of a Order. member of Congress in connection with this federal contract,grant, In addition,the Agency agrees that if it fails or refuses to comply loan,or cooperative agreement,the undersigned shall complete and with these undertakings,the State may take any or all of the following submit the Standard Form-LLL,"Disclosure Form to Report actions: Lobbying,"in accordance with its instructions. (a)Cancel,terminate,or suspend this agreement in whole or in (3)The undersigned shall require that the language of this part; certification be included in the award documents for all subawards at (b)Refrain from extending any further assistance to the Agency all tiers(including subgrants,and contracts and subcontracts under under the program with respect to which the failure or refusal occurred grants,subgrants,loans;2and cooperative agreements)which exceed until satisfactory assurance of future compliance has been received $100,000,and that all such subrecipients shall certify and disclose from the en A and accordingly, Agency; This certification is a terial representation of fact upon which (c) Refer the case to the Department of Justice for appropriate P P ' legal proceedings. reliance was placed when this,transaction was made or entered into. Submission of this certification as a prerequisite for making or entering Xll. Liquidated Damages into this transaction imposed by Section 1352,Title 31,U.S.Code. Any The Agency hereby agrees that the liquidated damages person who fails to file the required certification shall be subject to a provisions of 23 CFR Part 630,Subpart 305,as supplemented,relative civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Additional1 i DOT Form 140-039 4 Revised 8/95 . amount shown on the face of this agreement for those costs eligible for participation,etc.)is not made to the State within 45 days after the federal 1 articipation to the extent that such costs are directly attribut- Agency has been billed,the State shall effect reimbursement of the able and properly allocable to this project.Expenditures by the Local total sum due from the regular monthly fuel tax allotments to the Agency for the establishment,maintenance,general administration, Agency from the Motor Vehicle Fund.No additional Federal project supervision,and other overhead shall not be eligible for federal funding will be approved until full payment is received unless participation. otherwise directed by the Assistant Secretary for TransAid. The State will pay for State incurred costs on the project. Following payment,the State shall bill the Federal Government for IX. Traffic Control,Signing,Marking,and Roadway reimbursement of those costs eligible for federal participation to the Maintenance extent that such costs are attributable and properly allocable to this The Agency will not permit any changes to be made in the project.The State shall bill the Agency for that portion of State costs provisions for parking regulations and traffic control on this project which were not reimbursed by the Federal Government(see without prior approval of the State and Federal Highway Section VIII). Administration.The Agency will not install or permit to be installed 2 Project Construction Costs any signs,signals,or markings not in conformance with the standards Project construction financing will be accomplished by one approved by the Federal Highway Administration and MUTCD.The of the three methods as indicated in this agreement. Agency will,at its own expense,maintain the improvement covered Method A—The Agency will place with the State,within(20) by this agreement. days after the execution of the construction contract,an advance in the X. Indemnity amount of the Agency's share of the total construction cost based on The Agency shall hold the Federal Government and the State the contract award.The State will notify the Agency of the exact harmless from and shall process and defend at its own expense all amount to be deposited with the State.The State will pay all costs claims,demands,or suits,whether at law or equity brought against incurred under the contract upon presentation of progress billings the Agency,State,or Federal Government,arising from the Agency's from the contractor.Following such payments,the State will submit a billing to the Federal Government for the federal aid participation execution,performance,or failure to perform any of the provisions of share of the cost.When the project is substantially completed and final this agreement,or of any other agreement or contract connected with this agreement,or arising by reason of the participation of the State or actual costs of the project can be determined,the State will present the Federal Government in the prdlect,PROVIDED,nothing herein shall Agency with a final billing showing the amount due the State or the require the Agency to rein rse the State or the Federal Government amount due the Agency.This billing will becleared by either a for damages arising out odily injury to persons or damage to payment from the Agency to the State or b}'a refund from the State to the A property caused by or ulting from the sole negligence of the ��' Federal Governmen r the State. Method B- The Agency's share of the total construction cost as No liability all attach to the State or Federal Government shown on the face of this agreement shall be wi " Id from its monthly except as expre y provided herein. fuel tax allotments.The face of this agreement establishes the months in which the withholding shall take place and the exadamount to be XI. Non lserimination Provision withheld each month.The extent of withholding will be confirmed by Th °Elgency hereby agrees that it will incorporate or cause to be letter from the State at the time of contract award.Upon receiptnf incorpa ated into any contract for construction work,or modification progress billings from the contractor,the State will submit such "°° thereof,as defined in the rules and regulations of the Secretary of billings to the Federal Government for payment of its participating"^ Labor at 41 CFR Chapter 60,which is paid for in whole or in part with portion of such billings. finds obtained from the Federal Government or borrowed on the Method C—The Agency may submit vouchers to the State in the A credit of the Federal Government pursuant to a grant,contract,loan, format prescribed by the State,in quadruplicate,not more than once in urance,or guarantee or understanding pursuant to any federal per month for those costs eligible for Federal participation to the extenf pro am involving such grant,contract,loan,insurance,or guarantee, that such costs are directly attributable and properly allocable to this''t the fo owing equal opportunity clause: project Expenditures by the Local Agency for the establishment, f' " RING THE PERFORMANCE OF THIS CONTRACT,THE maintenance,general administration,supervision,and other overhead CONTRA TOR AGREES AS FOLLOWS:" shall not be eligible for Federal participation. (a)Th contractor will not discriminate against any employee or The State shall reimburse the Agency for the Federal share of applicant for a ployment because of race,color,religion,sex,or eligible project costs up to the amount shown on the face.of this national origin a contractor will take affirmative action to ensure agreement.At the time of audit,the Agency will provide that applicants are mployed and that employees are treated during documentation of all costs incurred on the project. .> employment withou regard to their race,color,religion,sex,or The State shall bill the Agency for all costs incurred by the State national origin.Such a lion shall include,but not be limited to,the relative to the project.The State shall also bill the:Agency for the following:employment, grading,demotion or transfer;recruitment federal funds paid by the State to the Agency for project costs which fo recruitment advertising,layoffs or termination;rates r;pay or are subsequently determined to be ineligible for federal participation other forms of compensatiokand selection for training,including (see Section VIII). apprenticeship.The contractoragrees to post in conspicuous places, Vii. Audit of Federal Aid Project, available to employees and applicants for employment,notices to be The Agency,if services of a consultant are required,shall be provided by the Agency setting forth the provisions of this responsible for audit of the consultant's records to determine eligible nondiscrimination clause. federal aid costs on the project.The report of said audit shall be in the (b)The contractor will,in all solicitations or advertisements for employees placed by or on behalf the contractor,state that all Agency's files and made available to the State and the Federal Government. qualified applicants will receive consideration for employment without regard to race,color,religion,sex or national origin. An audit shall be conducted by the WSDOT Internal Audit (c)The contractor will send to each labor union or Office in accordance with generally accepted governmental auditing representative of workers with which he has a collective bargaining standards as issued by the United States General Accounting Office by agreement or other contract or understanding,a notice to be provided the Comptroller General of the United States;WSDOT Directive by the Agency advising the said labor union or workers' D27-50,Consultant Authorization,Selection,and Agreement representative of the contractor's commitments under this Section Administration;memoranda of understanding between WSDOT and 11-2 and shall post copies of the notice in conspicuous places available FHWA;and Office of Management and Budget Circular A-128. to employees and applicants for employment. If upon audit it is found that overpayment or participation of (d)The contractor will comply with all provisions of Executive federal money in ineligible items of cost has occurred,the Agency shall Order 11246 of September 24,1965,and of the rules,regulations,and reimburse the State for the amount of such overpayment or excess relevant orders of the Secretary of Labor. participation(see Section VIII). (e)The contractor will furnish all information and reports VIII.Payment of Billing required by Executive Order 11246 of September 24,1965,and by the The Agency agrees that if payment or arrangement for payment rules and regulations and orders of the Secretary of Labor,or of any of the State's billing relative to the project(e.g.,State force work, pursuant thereto,and will permit access to his books,records,and project cancellation,overpayment,cost ineligible for federal accounts by the Federal Highway Administration and the Secretary of DOT Form 140-039 Revised 8/95 3 amount shown on the face of this agreement for those costs eligible for participation,etc.)is not made to the State within 45 days after the federal participation to the extent that such costs are directly attribut- Agency has been billed,the State shall effect reimbursement of the able and properly allocable to this project.Expenditures by the Local total sum due from the regular monthly fuel tax allotments to the Agency for the establishment,maintenance,general administration, Agency from the Motor Vehicle Fund.No additional Federal project supervision,and other overhead shall not be eligible for federal funding will be approved until full payment is received unless participation. otherwise directed by the Assistant Secretary for TransAid. The State will pay for State incurred costs on the project. Following payment,the State shall bill the Federal Government for IX. Traffic Control,Signing,Marking,and Roadway reimbursement of those costs eligible for federal participation to the Maintenance extent that such costs are attributable and properly allocable to this The Agency will not permit any changes to be made in the project.The State shall bill the Agency for that portion of State costs provisions for parking regulations and traffic control on this project which were not reimbursed by the Federal Government(see without prior approval of the State and Federal Highway Section V111). Administration.The Agency will not install or permit to be installed 2. Project Construction Costs any signs,signals,or markings not in conformance with the standards Project construction financing will be accomplished by one approved by the Federal Highway Administration and MUTCD.The of the three methods as indicated in this agreement. Agency will,at its own expense,maintain the improvement covered Method A—The Agency will place with the State,within(20) by this agreement. days after the execution of the construction contract,an advance in the X. Indemnity amount of the Agency's share of the total construction cost based on The Agency shall hold the Federal Government and the State the contract award.The State will notify the Agency of the exact harmless from and shall process and defend at its own expense all amount to be deposited with the State.The State will pay all costs claims,demands,or suits,whether at law or equity brought against incurred under the contract upon presentation of progress billings the Agency,State,or Federal Government,arising from the Agency's from the contractor.Following such payments,the State will submit a execution,performance,or failure to perform any of the provisions of billing to the Federal Government for the federal aid participation this agreement,or of any other agreement or contract connected with share of the cost.When the project is substantially completed and final this agreement,or arising by reason of the participation of the State or actual costs of the project can be determined,the State will present the Federal Government in the project,PROVIDED,nothing herein shall Agency with a final billing showing the amount due the State or the require the Agency to reimburse the State or the Federal Government amount due the Agency.This billing will be cleared by either a for damages arising out of bodily injury to persons or damage to payment from the Agency to the State or by a refund from the State to property caused by or resulting from the sole negligence of the the Agency. Federal Government or the State. Method B— The Agency's share of the total construction cost as No liability shall attach to the State or Federal Government shown on the face of this agreement shall be withheld from its monthly except as expressly provided herein. fuel tax allotments.The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be Xl. Nondiscrimination Provision withheld each month.The extent of withholding will be confirmed by The Agency hereby agrees that it will incorporate or cause to be letter from the State at the time of contract award.Upon receipt of incorporated into any contract for construction work,or modification progress billings from the contractor,the State will submit such thereof,as defined in the rules and regulations of the Secretary of billings to the Federal Government for payment of its participating Labor at 41 CFR Chapter 60,which is paid for in whole or in part with portion of such billings. funds obtained from the Federal Government or borrowed on the Method C—The Agency may submit vouchers to the State in the credit of the Federal Government pursuant to a grant,contract,loan, format prescribed by the State,in quadruplicate,not more than once insurance,or guarantee or understanding pursuant to any federal per month for those costs eligible for Federal participation to the extent program involving such grant,contract,loan,insurance,or guarantee, that such costs are directly attributable and properly allocable to this the following equal opportunity clause: project.Expenditures by the Local Agency for the establishment, . "DURING THE PERFORMANCE OF THIS CONTRACT,THE maintenance,general administration,supervision,and other overhead CONTRACTOR AGREES AS FOLLOWS:" shall not be eligible for Federal participation. (a)The contractor will not discriminate against any'employee or The State shall reimburse the Agency for the Federal share of applicant for employment because of race,color,religion,sex,or eligible project costs up to the amount shown on the face of this national origin.The contractor will take affirmative action to ensure agreement.At the time of audit,the Agency will provide that applicants are employed and that employees are treated during documentation of all costs incurred on the project. employment without regard to their race,color,religion,sex,or The State shall bill the Agency for all costs incurred by the State national origin.Such action shall include,but not be limited to,the relative to the project.The State shall also bill the Agency for the following:employment,upgrading,demotion or transfer;recruitment federal funds paid by the State to the Agency for project costs which or recruitment advertising;layoffs or termination;rates of pay or are subsequently determined to be ineligible for federal participation other forms of compensation,and selection for training,including (see Section VIII). apprenticeship.The contractor agrees to post in conspicuous places, V I1. Audit of Federal Aid Project available to employees and applicants for employment,notices to be The Agency,if services of a consultant are required,shall be provided by the Agency setting forth the provisions of this responsible for audit of the consultant's records to determine eligible nondiscrimination clause. res P g (b)The contractor will,in all solicitations or advertisements for federal aid costs on the project.The report of said audit shall be in the employees placed by or on behalf of the contractor,state that all Agency's files and made available to the State and the Federal qualified applicants will receive consideration for employment Government. without regard to race,color,religion,sex or national origin. An audit shall be conducted by the WSDOT Internal Audit (c)The contractor will send to each labor union or Office in accordance with generally accepted governmental auditing representative of workers with which he has a collective bargaining standards as issued by the United States General Accounting Office by agreement or other contract or understanding,a notice to be provided the Comptroller General of the United States;WSDOT Directive by the Agency advising the said labor union or workers' D27-50,Consultant Authorization,Selection,and Agreement representative of the contractor's commitments under this Section Administration;memoranda of understanding between WSDOT and 11-2 and shall post copies of the notice in conspicuous places available FHWA;and Office of Management and Budget Circular A-128. to employees and applicants for employment. If upon audit it is found that overpayment or participation of (d)The contractor will comply with all provisions of Executive federal money in ineligible items of cost has occurred,the Agency shall Order 11246 of September 24,1965,and of the rules,regulations,and reimburse the State for the amount of such overpayment or excess relevant orders of the Secretary of Labor. participation(see Section VIII). (e)The contractor will furnish all information and reports Vill.Payment of Billing required by Executive Order 11246 of September 24,1965,and by the The Agency agrees that if payment or arrangement for payment rules and regulations and orders of the Secretary of Labor,or of any of the State's billing relative to the project(e.g.,State force work, pursuant thereto,and will permit access to his books,records,and project cancellation,overpayment,cost ineligible for federal accounts by the Federal Highway Administration and the Secretary of DOT Form 140-039 Revised 8/95 3 Labor for purposes of investigation to ascertain compliance with such to the amount of Federal participation in the project cost,shall be rules,regulations,and orders. applicable in the event the contractor fails to complete the contract (f) In the event of the contractor's noncompliance with the within the contract time.Failure to include liquidated damages nondiscrimination clauses of this contract or with any of such rules, provision will not relieve the Agency from reduction of federal regulations or orders,this contract may be canceled,terminated,or participation in accordance with this paragraph. suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted XIII.Termination for Public Convenience construction contracts in accordance with procedures authorized in The Secretary of the Washington State Department of Executive Order 11246 of September 24,1965,and such other sanctions Transportation may terminate the contract in whole,or from time to may be imposed and remedies invoked as provided in Executive Order time in part,whenever: 11246 of September 24,1965,or by rule,regulation,or order of the (1)The requisite federal funding becomes unavailable through Secretary of Labor,or as otherwise provided by law. failure of appropriation or otherwise. (g)The contractor will include the provisions of this Section 11-2 (2)The contractor is prevented from proceeding with the work in every subcontract or purchase order unless exempted by rules, as a direct result of an Executive Order of the President with respect to regulations,or orders of the Secretary of Labor issued pursuant to the prosecution of war or in the interest of national defense,or an Section 204 of Executive Order 11246 of September 24,1965,so that Executive Order of the President or Governor of the State with respect such provisions will be binding upon each subcontractor or vendor. to the preservation of energy resources. The contractor will take such action with respect to any subcontract or (3)The contractor is prevented from proceeding with the work purchase order as the Agency,Washington State Department of by reason of a preliminary,special,or permanent restraining order of a Transportation,or Federal Highway Administration may direct as a court of competent jurisdiction where the issuance of such order is means of enforcing such provisions including sanctions for primarily caused by the acts or omissions of persons or agencies other noncompliance:Provided,however,that in the event a contractor than the contractor. becomes involved in,or is threatened with,litigation with a (4)The Secretary determines that such termination is in the best subcontractor,he may request the United States to enter into such interests of the State. litigation to protect the interests of the United States. XIV.Venue for Claims and/or Causes of Action The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices For the convenience of the parties to this contract,it is agreed when it participates in federally assisted construction work:Provided, that any claims and/or causes of action which the Local Agency has that if the applicant so participating is a State or Local Government,the against the State of Washington,growing out of this contract or the above equal opportunity clause is not applicable to any agency, project with which it is concerned,shall be brought only in the instrumentality,or subdivision of such government which does not Superior Court for Thurston County. participate in work on or under the contract. XV. Certification Regarding the Restrictions of the Use The Agency also agrees: of federal Funds for Lobbying (1)To assist and cooperate actively with the State in obtaining The approving authority certifies,to the best of his or her the compliance of contractors and subcontractors with the equal knowledge and belief,that: opportunity clause and rules,regulations,and relevant orders of the (1)No federal appropriated funds have been paid or will be Secretary of Labor. paid,by or on behalf of the undersigned,to any person for influencing (2) furnish the State such information as it may require for the or attempting to influence an officer or employee of any federal supervisioonn of such compliance and that it will otherwise assist the agency,a member of Congress,an officer or employee of Congress,or State in the discharge of its primary responsibility for securing an employee of a member of Congress in connection with the compliance. awarding of any federal contract,the making of any federal grant,the (c io refrain from entering into any contract p contract making of any federal loan,the entering into of any cooperative modification subject to Executive Order,has n t September 24,1965, agreement,and the extension,continuation,renewal,amendment,or with i contractor debarred from,ct who has not demonstrated modification of any federal contract,grant,loan,or cooperative eligibility for,government contracts and federally assisted construction contracts pursuant to the Executive Order. agreement. (4)To carry out such sanctions and penalties for violation of the (2)If any funds other than federal appropriated funds have been equal opportunity clause as may be imposed upon contractors and paid or will be paid to any person for influencing or attempting to subcontractors by the State,Federal Highway Administration,or the influence an officer or employee of any federal agency,a member of Secretary of Labor pursuant to Part 11,subpart D of the Executive Congress,an officer or employee of Congress,or an employee of a Order. member of Congress in connection with this federal contract,grant, In addition,the Agency agrees that if it fails or refuses to comply loan,or cooperative agreement,the undersigned shall complete and submit the Standard Formwith,"Disclosure Form to Report with these undertakings,the State may take any or all of the following actions: Lobbying,"in accordance with its instructions. (a)Cancel,terminate,or suspend this agreement in whole or in (3)The undersigned shall require that the language of this part; certification be included in the award documents for all subawards at (b)Refrain from extending any further assistance to the Agency all tiers(including subgrants,and contracts and subcontracts under under the program with respect to which the failure or refusal occurred grants,subgrants,loans,and cooperative agreements)which exceed until satisfactory assurance of future compliance has been received $100,000,and that all such subrecipients shall certify and disclose from the Agency;and accordingly. (c) Refer the case to the Department of Justice for appropriate This certification is a material representation of fact upon which legal proceedings. reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering XII. Liquidated Damages into this transaction imposed by Section 1352,Title 31,U.S.Code. Any The Agency hereby agrees that the liquidated damages person who fails to file the required certification shall be subject to a provisions of 23 CFR Part 630,Subpart 305,as supplemented,relative civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Additional Provisions DOT Form 140-039 4 Revised 8/95