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Home My WebLink About43-97 - Res. Agreement with DOT for Belfair Tahuya Road 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 X') 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 �J 7,fps ) 'd AA,A MARY J�l (��Y,— -- Chairpo' on 7 CYNTHI D. OLSEN, Commissioner �`OAN A. BOLE'-N-D- -EF., Commissioner ATTEST: vw REBECCA S. ROGER(�/ Clerk of the Board A PROVED AS TO FORM: MICHAEL CLIFT Deputy Prosecuting Attorney scv h:\wp\text\1oca1-ag.agr Washington State Department of Transportation Federal Aid Project Prefbc Route ( ' Date Federal Aid Local Agency Project Number Project Number Agency Federal Program Title Mason County Public Works ❑ 2o.2o4 ❑ 2o,2o5 ❑ 2o.2o6 ❑ 20.209 ❑ Other Project Title Belfair Tahuya Road - 2 Collins Lake Project Termini From To Collins Lake Road Haven Way From: To: Length of Project Award Type 6.40"` 7.26 .86 mile ® Local ❑ Local Forces ❑ S e ❑ Railroad Federal Agency City Number County Number CountyName DOT Region 0 FHWA El Others N/A 23 MSON Olympic EIS CE EA Congressional District Legislative Districts Urban Area Number TA/MPO/RTPO ❑ 1 ❑ u ❑ ill 35 N/A Peninsula _........._.............::::......._.. ,:'::r:,:rr,!:...,:::,..::.,...rrrrrr...::_-4_::..r,:!iii!i!!ir:,!:r�!!:��:�'e_:::::::::,::: .!. ...:w.d,. !V!J..r.rr!,.e,e,... ......— ._..e..._3...�...r.r.r. ---.�..�.. ,.. ._.. ..r. ....._._...�,__........._w._._..,-_..._..._!,_d.r,r..!. :,:....,,:.! ,:.n�ec:::_.. :....:_:._d......:.......r.....,............:.....:.:.:...:.:..:.:..:.-..n...._e.........�.............,...;.....;:.:�c....4.r_..1...o-�...:r._.2_.r....x..!.E._?_....e.r,5r.a-.:.r:..d,r..ar,...�-...r....:..,.ee_:;.ur_.,,:..,r.:..-...,a_.,:. ._r..r......,.�...E...�,a. liN, r !_:..::.r::.:.=._._:...!:.......i...:::._- . .. .g..—e.a..:..:. ..t....i.._®— - .... .:. ............ .. ... ......._._....,fa...ru....L..�.._......... ...:C4,_!-0.Lw....r.r. Id. .....__.__......................._._......._.__. .v-�!:�r-.!i. .:E..._...r__�,......._.......... .r..'L..... ,r II ..,..i.N r a. r ._ r...: ,...rr!_.......:............_!.!!.:....r.....-....+!...............�.............,!:.#. u,�i.... ., .t...r.......r,.,!.Ne..restr...dW[.........t.....!...,...! ....,_.r..---..r-:I+t�alr_. _�..r..... !.r _......a._.!r...�...., ,......_ _.�..... ..... ..........._�:� P•E• 145,000 20,500 124,500/� 85.8% 3 97 RNV Const. Total - 145,000 20,'500 J 4,500 :..:......:..::.::::c::.,::!iiic.„,,.... .iih......... .a _,1!�...• . L.. _,.....6..... .. .e e..:..... _....---._......,.....::,! s r. .. t.. - _r_i;r = ----- =___. .w�u a� :. LGa,: - _ :.:dy::J__:!....:J... (! ..: ,<<Fw �7.eCra. IUi ► , Iw01 �.I.�: (Eats �n ,� Sl nand. es+� OIICiItIOn !e::!'r.. !. ......�.a.e. ......, A_.:..e:r,. :,r. Y.r.Ca_...._..........._....__...:........._......ir.:._.!.r:(2re_:,.d..r+...:,:.._..,.....___. rh...Nr.......tk!!....#.. .. (�[� n i -!.....,,.!1�'..u..._._......av:�4e...!.ia i._r:uc_........,!.N .e......,*•d i�!::,;,:,,Fexr'L. 1�9,..?!,_6r::::::..._... ,k,::_e:,�!:F'� ...... ,1..,�. ... .. ..... .r.r....!v Roadway width 24 feet ° Nupber of Lanes 2 ' Current road template consists of two 10' fanes with. 2' shoulders. The horizontal alianment of this road does not meet curr'6nt '"design standards. !4r n„!r 1!I!I!�lii i !IfiA i!Inl!I; @SCCI�tI®n:�f�COpQS@CI,WQC�C /Roadway Width Number of Lanes ®New Construction ❑3-R ❑2-R 36 feet 2 Preliminary Engineering for w construction; realignment of °existing road to ` lanes and 8' shoulders. Ho zontal alignment will be reconfigged to meet current design standards. Local Agency Contact Person Title Phone William Bullock Transportation Engineer 427-9670, - 58 Mailing Address City Zip Code P 0 Box 1850 Shelton 9858 By Location and Design Approval ` (CA Agencies Only) �PProvin Au4horily Tit 166J, Y L2/1/ / ; Date - Z®97 DOT Form 140.ONA Page 1 Of 3 . Revised 2Q6 9 Agency Project Title Date MASON BELFAIR THUYA - 2 Y-�._� i„ :.1:- .caM.,:._-,.u�. .r_..n„r.;,..,,.,.rr._.a...............: .......d,...r...._.....,,. „ _,....u..........,...u......11...rt,............. '�.',,G��..�K,.._ a...,x _...._....,......... ._:, .,.......__...I.f. ,....:._.�. .�a_.... .nn..,rl..._............... ............ ..'I.P,.:�.. ........... ...v +.. ....,,............:,,.,..:u_ .:.,:. �. .. :,4 r...1....1::. ;i.:.,;:::!,:,:::,::,;lil I.Ir s�{,, •r�,..P.. ..............:unx,,..L,.,ii,4,{,w....�.N.....,...x.... x............1.,.........,,,..,.,....l:G, 1„e +:.L a...l.... �..!.,.............a.. -. .. ._... .._�......_._,..._............!........_.. .... .........r r...:::t,r,... :,.,....,._,.5,....,.................. _!1, .i�:.,.... .e -.... ... .. .................__,:....+I_. ...i„r.. ........ ,..._..I.....,a....,......,.._,....,.I........._„yl. .I...:!I,,,,,.I,x::,.,:...1.,!.:.,,L,.. I.., , ,:x . :xl._,,.,.,_x,.,.,..c!..14�...rlu`..,.L..w.6...,..L.. 1.,1.1.. ......, ,L 1 1.. „_,,....._,.1..„ .. .Q L.a.,,•...,.,..._.,. ,. I :, r 1... _ ,...I,!i, .....II+ ....I r , .r a......,... . �.4?.N:wLNI ....... ......_II. %M ... ::,:::.:..:::h,:.:, ,.:..,.... ,..,. :4 ..':r;:,..!..:,a,v,",1,r yl„1._r'1..:� ............_.._..............._._�...._.....[.........., .,,,.....,.,e...L .!x:.L.,..�.,c:::a...v,..t. .,1..!..,.,,�.!s,.l+.:......e+u:, ,. Hill,t i L3 1 it i'1"h!"'„b! ..II .I ! .,._�,..�-:rc.�:..,...�...:............r.,:_........-,,.._..._..:...r_:r..7 ...l....N.�:al. � Ir......x,.....,............. p`I1:!IHn,r..LLu.hY._n....!,._.....,,.�!.!...L!.�...:.!w��U 11�1 1 ..!:.I.,1.,;. .:! 1',,.,. ,...,:.... ,......, i 1!ILil,.11.6.,,,.Idl,...1,.I1..IL.I..I..!!!11!!al...Ia1�!��Ill...u.�r.. ` 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 ❑Flat M Roil ❑Mountain ❑Flat ❑Roll ❑Mountain Posted Speed 45 Design Speed Existing ADT 1300 , Desi n Year ADT 5000 Design Year 2013 Design Hourly Volume(DHV) 500 ..1.4l. .. ,..: "1'f.... h ,,, '3f.I.n I i!+"'1'' 'r I...I,.i,!!�:h h::I..:tlu.41u:. F= !1 I ul ! I 1 II :!! !„ IYI L. ..I I..n IIL:. .1!. L II 11!.�...:. IVII ..........I I..I.�IL.'�ir, . .,Uill11 : .d.1 ,�..1 1 INf,...il_! .I ....., , I a11,.. +, � ! I�.� .:� 1! ,1�'�, �I111 +!!I+I.!!I/► I II I II ,1 L� III ul. ,JI I;I II ! Ili LI!'1 III 1111J11 I�III .1. I .,II ( I �I ,1,11.1.:.I ., .I I.! ,,.I I III Ir I,y.1I L :a,I II I I I. I!1I I:!1. ! 1.. ■.I:yf` 'h�J :I�NN�InI II IN! IJ �N� 'I(I. I I :�I. a:'�I,1 1��.Till /{{►//jj// .:^.,^ I �c G1pr.{GyXXX y�jy,'�Ii. II"1{pP'I1I4:ryI,1�: �I i!:I'�(..li. 1 114�.1.,,.! (II II, !.�.c� i!'�., II ,�.fl'I., II' .�.,h2�ll.Uli:�:,a>�_c.!I ."vii'� yxvr� , irilil..l!1._I:�.I IT�I!.Iv�WWi�h.I ll.!II..N.c..�.H,�..... ...III!,1.,f.,111..J...nlu.I!�I9�!II.!...L.l.,hl ...!......4.Property InjuryAccidents Fatal Accidents Total Number. Damage Number of Number of Number of Number of Year Accidents Accidents Injuries Accidents Fatalities of Accidents 92 2 3 93 11' 2 94 ..._.._.__.._._.._.. ...,.: ..._,-_. ._. .-.. ...-.. ...�.,,... !":'e:44,."' .;..:::;;.:...Ti!!!!i'e!i!F[ Total Nfamber ofi Accidents:.Attnutable.to;Lack_of haW1n the Pro osed 1m rovement _':=!6; ... . ..... ... .. 3 2 4 5 _,-�- .::.:_s �. !,. ?r:i"'�:2'!i'S'!!'. . . ,.:.:yi —— .cxu.;�:;:4!e„r'Ix� !�--:Itl:vlahxl'1•:1 vr.::.rs'r1, ai,r �,a.,...lx . ... - 'a,:�...,;Willi . . ....x. ...:.,, ... !,. x .. .... _..,.._i.. ,..h.H!!4 .,...F.P .:H.1 ..!.rh I..i n........,,!.....x...... .F... _:Ii.il.I ............... v,...1r.i...............::.._..c-illu::,i. a..... ....!.!F.v::-ins c2x:?,fi::5:Li::•si.,,..... _+1�:.trtdn,3�P:....:!9+e.,.5,..1..4r,,at au� rg_,,.,,,.�,.�,.::,w..._,...,..,XE„_...a.N h.,,...,.. _._..I,111!.e.Pl...,,a,....,,4....::...1...:::...........:.__..,.9.,...,.,....,.!..:.............G....!L_!,:..__...._...:_!.....�"i,,...:!!I r'i..._.,._� ..k-s -,_G:C'"i,!;!4u!rh.,iu.':I':::hi'-''I:t,:r :P:dv?�µ,.!x!.L4 1yyI2! '1 I r r 1 b+? I � �.. + i !�.4 1� 11 i �It ,�k # 3 - .y �y :Ii1!F.=:::,:::,.{.,:r:..::,.::. ,.?,!,'�,!.d*;;, :;I., i..i a_,......... i k :4 I I a n r 1 rerFc� ar�ce of`: „.,,:Lt,,_:.1:.,_ �':iN:un.r.5 W.L.....:.:..::.!.. ! 1 I1!!+ l 4 !(,II i.h,� mil, .._ .115-.......... .. .. .. ....s............i .............'.,,,u.i.,........,,.....a...... ...._...:,.._.....r..,..xal.?9...._..-x...,!..rr...,.,1.5......,.......................,.:_I..,...,...............,.........,..............,........!,..I..I..1..._d:I.:II I.._.r,::e;:c,:.y,s ::!x,:t.tir::.lI:;.+.......,,,:,:- ,_,:!....._......,. .-f�..._...... ........__......... ...... ....._.-... .._.._...a.. , .......u_.... ......., ..__...r..i.. _.......:.,I ,.,.t..l.. ,fit:,. -x t� P.!.,, Preliminary Engineering Will Be Performed By Others Agency Mason County Department of Public 'Works --- % 15 , Construction Will Be Performed By Contract Agency N/A Environmental Considerations SEPA will direct the design of appropriate environmental mitigation measures, if necessary. Check If No R/W is acquired (DOT Form 262-060 and Endorsement must be on file with the CA Agency;refer to Chapter 25 LAG manual Right of Way and Relocation N/A Water Area Involvement None DOT Form 140-WgA Page 2 of 3 Revd 2/98 9 Agency Project Title Date Mason County Belfair Tahuya Rd. - 2 (Collins Lake) Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project N/A FAA Involvement Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ❑ Yes ❑ No Remarks " N/A �a l" This project has been reviewed by the legislative body of the administration agen� or agencies, or it's designee, and is not inconsistent with the agency's comprehensive plan for community develo ment. a Agency `IM-05rV, S"1 uAat q {, Date B y MaVGWChai n FK A' i' DOT Form 140-008A Revised 2M Page 3 of 3 s Washington State Local Agency Agreement Pepartment of'transportation MASON COUNTY Agency DEPARTMENT OF PUBLIC WORKS Project No. Address P O BOX 1850 Agreement SHELTON WA (8584 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 Descri Han Name Han Tahuya Road - 2 "Length 186 mi Termini Collins' Lake Road to Haven Way Description of Work Preliminary Engineering for new construction invol4ing realignment of a o4 mile of bridge approaches and widening to two 11 food^'lanes with 4 foot shoulders® Bridge replacement will consist of a 45- foot s an and 32 foot deck®. Estimate of Funding Type of Work EstimatedTotal Estimated Estimated ProjectFunds Agency Funds Federal Funds FE a. Agency work 145 x 000.............. ................20.0.500........ ..........124.1500..... b. Other ............................... ........................................... c. State services d. Total PE cost estimate(a+b+c) 14,5,000 20,500 124,500 Rightof Way e. Agency work .. .......... �r.......................... ........................................... ....................................... f. Other g. State services - h. Total R/W cost estimate(e+f+g) N/A N/A Construction i. Contract J. Other �.. ... ......................................... . .. . k. Other . .. ........................................ .................................... 1. Other .......:................................... ........... .....................I...... ,in.Total contract costs(i+j+k+l) Construction Engineering n. Agency .......................................... .....::.................................. o. Other ............................................ ...:................................... p. State forces q.' Total construction engineering(n+o+p) r.. Total.construction cost Estimate(m+q) N/A N/A /A S. Total cost estimate of the project (d+h+r) 145,000 20,500 124,500 "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 Percent;however,it is understood that the rate may vary.The Local Aggency agrees that this agreement is entered into without relying upon any representation by the state made outside of this contract,or contained herem,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 Ito 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 Revised 8/95 1 Construction Method of Fo..ancing (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 i 0 Method C —Agency cost incurred i,ith 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 fun�l js obligated,it accepts and will comply with the applicable provisions set forth below.Adopted by official action on l (��1 ��- 101, Resolution/Ordinance No. L4 25—cl Agency Official Washington State Department of Transportation B L/� BY Y Assistant Secretary for TransAid 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 Stat"ful/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 classification.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 righf 2. Preparation of plans,specifications,and estimates. of control by the Agency,the State shall have the right to perform the :4,zRight of way acquisition. work subject to the ordinary procedures of the State and Federal "4. Project construction. F lighway Administration. In the event that right of way acquisition,or actual construction 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 Vill). 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 plhnsand specifications. The Agency agrees that on federal aid highway construction . III. 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 cost shall ct within the applicable in,contract time. the event the contractor fails to complete on this project as requested by the Agency and described in the Type the contract of Work above.in addition,the State will furnish qualified personnel for the supervision and inspection of the work in progress.On Local V1. 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 hording shall be in salary of such engineer or other supervisor and all other salaries and accord with the intermodal Surface Transportation Efficiency Act costs incurred by State forces upon the project will be considered a cast ty()I,Title 23,United States Code,as amended,and Office of thereof.All costs related to this project incurred by employees of rho Management and Budget circulars A-102-and A-128.The State shall State in the arsturnary manner an highway payrolls and-vouchers shall not be ultimately msponsible for any of the costs of the project.The be charged as costs of the project. Agency shall be ultimately responsible for all costs associated with the IV. Availability of Records proje vi which are not reimbunc•d by the Federal,Govermnent. Nothing in this agreement shall be r onsfnu•d as a promise by the State All project records in support of all rusts incurred and actual as It)the amount or nature of federal participation 4'this project. expendilure,kept by the Agency are to be maintained in accordance 1. l'reliminaryEngineering,flight of Way Acquisition,and with proerYlures prescribed by the Division of Municipal Corporations of the State Auditor's Office,the U.S.r)eparlmenl of Transportation, Audit oefo and the Washington Slate i)eparlmrset of Transportation.The records The Agency will pay for Ag ocy iocorred costs on the project. shall be open to inspection by the Sash•and Federal Government at all Following ranch payments,vouchers shall be submitted to the Stale in reasonable timer.aloof shall he ret,rinnl and made available for such the formal prescribed by the Stale,in quadruplicate,not more than impectrnn fora period of not lest.tbao three year~from Ibe final rn v per month.'llie State will rvimF+mw•flit Agency up to the i)Ur t,"n"tm,ri•t'i r.• rare• 2 ®MWashington State Local Agency Agreement Department of Transportation Mason County Agency Department of Public Works Project No. Address P.O. Box 1850 Agreement o. Shelton, Washington 98584 For Headquarters WSDT 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 Belfair Tahuya Road - 2 Length .86 Termini Collins Lake Road to Haven Way Description of Work Preliminary Engineering for new construction; realignment of existing road to 12' lanes and 8' shoulders. Horizontal alignment will be reconfigured to meet current design standards. Estimate of Funding Type of Work (1) (2) (3) EstimatedTotal Estimated Estimated ProjectFunds Agency Funds Federal Funds PE a. Agency work .................144.,.®®®...... ...................2.0.®8.5.5...... .............123,.14.5..... b. Other ..............I............................. ........................................I.. ....................................... c. State services 1 1 000 145 855 d. Total PE cost estimate(a+b+c) 1 Rightof Way e. Agency work ............................................ ........................................... ....................................... f. Other ............................................ ........................................... ....................................... g. State services h. Total R/W cost estimate(e+f+g) MIA NIA N/A Constructioni. Contract .........................................I.. ............................I.............. ...............................I........ j. Other ............................................ ...............................I........... ....................................... k. Other ............................................ ........................................... ....................................... 1. Other .......................I.................... ........................................... ....................................... in.Total contract costs(i+j+k+l) Construction Engineering n. Agency ....................................... ........................................... ....................................... o. Other ............................................ ...........................I............... ....................................... P. State forces q. Total construction engineering(n+o+p) r. Total construction cost Estimate(m+q) N/A N A s: Total cost estimate of the project (d+h+r) 145,000 21 ,000 124.000 "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 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 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 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 Apr 1 22 19 97. .Resolution/Ordinance No. 43-97 Agency Official Washington State Department of Transportation B >W By — y Assistant Secretary for TransAid MARY JO ADY Chair er n , Board of Mason ers 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 it!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 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. 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 II. 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 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 Stale 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 Ill. Project Administration projects,the current federal aid regulations which apply to liquidated 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 he 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 allot accord with the Intennodal Surface Transportation Efficiency Act costs incurred by State forces upon the project will be considered it cost 1991,Title 23,United States Code,as amended,and Office of thereof.All costs related to this project incurred by employees of the Management and Budget circulars A-102 and A-128.'rhe Slate 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 tilt- IV. Availability of Records projec•1 which are not reimbursed by Ihc•Federal Government. Nothing in this agreement shall he construed as a promise by the State All project records in support of all costs incurred and actual its fit the.amount or nature of federal participation in this project. expenditures kept by the Agency are to he maintained in accordance 1. Preliminary Engineering,Right of Way Acquisition,and with procedures prescribed by tilt'Division of Municipal Corporations of the State Auditor's Office,the U.fi.iepartment of Transportation, AuditCovta and the Washington Slate Department of lransportation.1liv records The Agency will pay for Agenr�'inrnrred costs on the project. shall be open to inspection by the`:bate and Federal t government at all Following,s;cu h latyments,vouchers!:hall he submitled'to the Stale to reasonable limes and shall he retuned and made available for suuch the formal prescribed by the Stale,in yuadrnplicale,not more than inspection fora period of not less dean three years froth the lino) cnu'per nwnth.1be State will reinthorse tilt'Agency up to Ihr W)i f.,rt IN,0'4'1 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 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 execution,performance,or failure e perform any of the provisions of billing to the Federal Government for the federal aid participation this agreement,or of any other agreement share of the cost.When the project is substantially completed and final ement or contract connected with this agreement,or arising actual costs of the project can be determined,the State will present the reason of the participation the State or Agency with a final billing showing the amount due the State or the Federal Government in thee project,PROVIDED,nothing h herein shall amount due the Agency.This billing will be cleared by either a require the Agency to reimburse the State or the Federal Government for damages arising out' payment from the Agency to the State or by a refund from the State to property caused by or resulting bodily injury to persons or damage to from the sole negligence of the the Agency. Federal•Government Method B— The Agency's share of the total construction cost as the State. shown on the face of this agreement shall be withheld from its monthly No liability shallll attach to the State or Federal Government 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 XI. 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, VI1. 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 Agency's files and made available to the State and the Federal employees placed by or on behalf of the contractor,state that all Government. qualified applicants will receive consideration for employment An audit shall be conducted by the WSDOT Internal Audit without regard to race,color,religion,sex or national origin. (c) The contractor will send to Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by representative the Comptroller General of the United States;WSDOT Directive agreement or other workers with which he contractor understanding, has a collective bargaining each labor union or a notice to be provided D27-50,Consultant Authorization,Selection,and Agreement re the Agency advising the said labor Union or workers' Administration;memoranda of understanding between WSDOT and representative of the contractor's commitments under this Section to employees and applicant and shall post copies applicants for employment. the notice inconspicuous places available FHWA;and Office of Management and Budget Circular A-128. If upon audit it is found that overpayment or participation of to e federal money in ineligible items of cost has occurred,the Agency shall (11 The contractor will comply with all provisions of Executive reimburse the State for the amount of such overpayment or excess Order t orders of September Lary o5,and of the rules,regulations,and participation(see Section VIII). relevant orders of the Secretary of Labor. (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,of 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 compliance of contractors and subcontractors with the equal The approving authority certifies,to the best of his or her knowledge and belief,that: opportunity clause and rules,regulations,and relevant orders of the Secretary of Labor. (1)No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing (2)To furnish the State such information as it may require for the or attempting to influence officer or employee of any federal supervision of such compliance and that it will otherwise assist the r State in the discharge of its primary responsibility for securing agency,a member of Congress,an officer or employee it 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 paid or will o paid to any person for influencing or attempting to equal opportunity clause as may be imposed upon contractors and influence an officer or employee of any federal agency,a member of subcontractors by the State,Federal Highway Administration,or the Secretary of Labor pursuant to Part II,subpart D of the Executive Congress,an officer member of Congress i a employee of Congress,or an employee Order. n connection with this federal contract,grant, nt, 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,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 ® Local Federal � Washington State A Department of Transportation Aid Project Prospectus Prefix Route ( ) Federal Aid Date Project Number Local Agency Federal Employer Project Number Tax ID Number Agency Federal Program Title Mason County Department of Public Works ❑ 20.204 a 20.205 ❑ 20.206 ❑ 20.209 ❑ Other Project Title Belfair Tahuya Road - 2 Collins Lake Project Termini From To Collins Lake Road Haven Way From: To: Length of Project Award Type MP 6.40 MP 7.26 .86 ®c Local F� Local Forces ❑ State ❑ Railroad Federal Agency City Number County Number I County Name WSDOT Region ® FHWA ❑ Others N/A 23 Mason OLYMPIC Congressional District Legislative Districts Urban Area Number TMA/MPO/RTPO 6 35 N/A Peninsula Total Local Agency Percent Obligation l=ederal Funds Phase Estimated Gost FiJnd�ng Federal: Date {Nea>est Dollar).... (Nearest Dollar): .. ... (Nearest Dollar) Funds Monttt Year P.E. 145,000 20,500 124,500 85.8 03 9 RNV --- --- --- --- Const. --- --- --- Total 145,000 20,500 124,500 DeSCnptlon of Exlstmg FaCillty (Exfstmg Design and Present Condtteon) Roadway Width Number of Lanes 24 feet 2 Current road template consists of two 10' lanes with 2' shoulders. The horizontal alignment of this road does not meet current design standards. Descrlpt�on of Proposed Work Roadway Width Number of Lanes New Construction ❑3-R ❑2-R 40 feet J 2 Preliminary Engineering for new construction; realignment of existing road to 12' lanes and 8' shoulders. Horizontal alignment will be reconfigured to meet current design standards. Local Agency Contact Person Title Phone William Bullock Transportation Engineer 27-9670, ext. 458 Mailing Address City State Zip Code P.O. Box 1850 Shelton WA 98584 By /0 Design Approval Appr ing Authority (CA Agencies Only) T t Co ty Engineer Date April 22, 1997 DOT Forth 140-101 EF Page 1 of 3 Revised 1/97 Agency Project Title Date Mason County Belfair Tahu a Road - 2 Description Through Route Crossroad ❑Principal Arterial ❑Principal Arterial Federal ❑Urban ❑Minor Arterial ❑ Urban ❑Minor Arterial Functional ❑collector ❑Collector CI ass ifi cati o n XX Major Collector ❑Major Collector ® Rural ❑Minor Collector ❑ Rural ❑Minor Collector ❑Access street/Road ❑Access Street/Road Terrain ❑Flat ®Roll ❑Mountain ❑Flat ❑Roll ❑Mountain Posted Speed Design Speed Existing ADT 1300 Design Year ADT 5000 Design Year 2013 Design Hourly Volume(DHV) 500 Accident . 3 Year Experiencesq Property Injury Accidents Fatal Accidents Damage Number of Number of Number of Number of of Accidents Number Year Accidents Accidents Injuries Accidents Fatal'fies of Accidents 2 2 1 3 1993 1 1 1 2 1994 Total..Number.of Accidents Attnbutableto Lack of having he Pcaposedamprotiemerit.. .... . :. ......... _ 3 2 Performance of Worn Preliminary Engineering Will Be Performed By Others Agency Mason County Department of Public Works % is % Construction Will Be Performed By Contract Agency N/A % % : En �ronmental Classification ❑Final ❑X 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(FHWAMSDOT MOU ❑ Project Involves NEPA/SEPA Section 404 dated 2/90) Interagency Agreement ❑ Projects that Require Documentation and FHWA Approval(Documented CE) Environmental Considerations SEPA will direct the design of appropriate environmental mitigation measures, if necessary. DOT Form 140-101 EF Page 2 of 3 Revised 1/97 y Agenc Project Title Date Mason County Belfair Tahuya Road - 2 Right of Way .:;... ❑ No Right of Way Required XXRight of Way Required *All construction required by the m ❑ 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 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 No Remarks NONE 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 - Chairper , '' x Board of Mason County Commissioners DOT Form 140-101 EF Page 3 of 3 Revised 1/97