HomeMy WebLinkAbout44-97 - Res. Agreement with DOT for McLane Cove Bridge Replacement and Approaches 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
MARY Jo'(OY, Chairperson
CYNT A D. OLSEN, Commissioner
VoO A. 136LENDEFt, Commissioner
ATTEST:
REBECCA S.-ROGERS
Clerk of the Board
PROVED AS TO FORM:
Ch
MICHAEL CLIFT
Deputy Prosecuting Attorney
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Washington State
Department-of Transportation Federal
Prefbc Route ( ) Date
Federal Aid Local Agency
Project Number Project Number
Agency Federal Program Title f'
Mason County Department of Public Works ❑ 20a04 20. ❑ 20•20e ❑ 20s09 ❑ Other
Project Title
McLane Cove Bridge Replacement & approaches
Project Termini From To '4
MP .2.15 to MP 2.60 .P.1" 2.60 .
From: To: Length of Project Award Yype
2.15 2.60 .45 ® Local ❑ Local Forces ❑ State ❑ Railroad
Federal Agency City Number County Number ;,county Name DOT Region
® FHwA ❑ Others /A 23 Mason Olympic
EIS CE - EA Congressional District Legislative Districts Urban Area Number TMA/MPO/RTPO
❑ I ❑ a ❑ ul 35 N/A Peninsula
.:Y'NM..,.....�� .: ...i _m5?� ....4r:P..,�'.. �.._. ;:ogy�s;�. - - ..=5Fr•.. - - -
;� e ,t...:,55-:��_�„r,r,r !,Y r:: -
t=.m,:- ;: _ .s�.k ! h.x.,.
�otal�a. _ �� : � Local�.�i enc ,�r�r_�
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,�i;;�Y...-:�
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:.,�..__,_a._�yv�i__
.L_. ..._v. ... ....5................. .... .�r=�1.rr .. ..._...!5..�..... i!A..:i�_,. ,... ' -.m�.. :._,._ _ ,�-�+:�iL 9�a, ai�:23�:• :�'.:.:i=5i—a =:�:]=I�ii?:____ Cti;'.-'.r—n — --
�d.. -
j. tN�ars# oliari,vh (Nearesl7oIWr} F � ulids - _::eMfr sear
P.E. 141 ,000 21 ,000 120,000 85
RNV 1
Const.
Total .. _ ,
141 000 21 ,000 120,000
�i ...........................:..5:n ffi:_...,..
XS. _� ;s. +-�;!. y'. .,:��" .�: .rf "'��°^" a:,..�-r;�P_:5�! .m �_��'�_'--.,T
1.. I-r1g � Cil1y Extstm Ees7 nand Present+Gondttton[`N _.y--_--��
!'a^vc$Aa-,:-= ...-i.__=...._ 9r71I 9Y?—, ._..r, _r15-,�'=a:'�4..._._._.#5,e9[c:.iZ!_.....alk�i'F /_ �1.:115..........s-vas=:�..___:
Roadway Width Number of Lanes
24 feet Bridge -- 22 foot approach 2
25 foot span bridge spanning McLane Cove on the Grapeview Loop Road®
Road approaches consist of two 9 foot lanes wits 2 foot shoulders
5 F4J r rT!! .�, h -Jk i
it 2 +'' i "I rid9 '{ �Y i Y:.. F• 5 2
®esc[rptron,of„Pro used Work i Y 5 #s y {
�....r. p......::...... k ....... .w :1 ?i`�.:4;. !a4.;nla� t!J.i iur.ikl!., 41 r'�N xu, �'t ih
.....� _.� :.:: .. wl�,,...F�,-0Ir�:l'.F w'F''flu U'-
Roadway Width Number of Lanes
®New Construction ❑3-R ❑2-R Bridge - 2
Preliminary Engineering for new construction involving real ,gnment of .4 mile
of bridge approaches and widening"to*twb 11'dfoot lanes with ,,,foot shoulders.
Bridge replacement will consist 'of a 45 foot span and 32 foot deck®
Local Agency Contact Person Title Phone
Alan Tahja Hydraulic Engineer 27-967 - 1
Mailing Address City Zip Code
P 0 Box 1850 Shelton ,q 9858
YJ
4
Location and Design Approval By Approving Authority
(CA Agencies Only)
T I — j!� 1&)5 Date - Z- 7
DOT Form 140-009A Revised 2 Page 1 of 3
/96 g
Agency
Project Title Date
McLane Cove Bridge Replacement
�. ''MI y P...! ;�.h..a._ 9h14:
� iiti*' ! '1 H �j !� ny',�.�� ! 0 5�h'LRry+d ..�I.....�... ���'G�I�'�p�II�I)
:I :w �.�'p"._... _'.nr e� ryw`? :' IW',L, � M.1 �p:$11 .N0
;
_. �_. �r:. Darya.�..... N5 ... _ ........: uri '..wa.... _ �...�'. .
_ Description Through Route Crossroad
- _ _ _.. ❑Principal Arterial ❑Principal Arterial
-'Federal ❑Urban ❑Minor Arterial ❑Urban Minor,Arterial
'
Functional El Collector Collector
Classification - ❑Major Collector El Major Collector
, Rural ❑Minor Collector ❑Rural ❑Minor Collector
❑Access Street/Road ❑Access Street/Road
Terrain Q Flat XX Roll ❑Mountain ❑Figti ❑Roll 0 Mountain
Posted Speed 40
Desi n Speed `30
ExistingADT _ 466
Design Year ADT 93
Desi n Year "": 2011,
Design Hourly Volume(DHV) 93 '.
;. .,...'.4i 1... 'T!wjl" pp4,'"';.._r�u4ryulhy" �Gn4@µhr .9. .,M ,�,w,,.a.wh4lh SIN, !.ru;gd r7 o-at ni_lu!mury! oar :�a A"p!p�i h hFk�?u rc!pI ! -
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e e + +E* 1y! iiH',"•' !h'` Niia I�ry �! , 1 1 ! 'k4_-,L-f,r + .�4•' � � `'�" �a"'
.._. �_�. .ra..--`----.__i.....:4, r... ,r::.-r�_:__......_i!'a-^:r�.•>-........r...=.._._. tam 4 4r.._::c::.::'L=,+_�ir� Div�9-_�__ _�a'.�".!
Property InjuryAccidents Fatal Accidents Total Number
.Year Damage Number of `„ Number of t�lumber of Number of of Accidents
Accidents Accidents e Injuries Accidents Fatalities
93 ¢
-94 - 1 1
95 - s
Total_:Number�f:Acc dents Aftnbuab�e to_:L c�C of;havin the P;rosed 1m :rovement...:.0 z_. ...: =
€:e, dry y�!ry m,�.-` �! _ :�; -�.. r .�F.;i,^^;ul °� y f ;r ry !. .,.
--IamF- ,::::4 vli"''. f:.''..- __-'}.�i # .. 94 Y 3" > !Xr_ �.F':T�° r..
Off 'r:.iFpru!:49:m N`:,._ Y,y„i-1. ...�4. :1,�:��N�'. I:'H AN,:..t,.. ➢rq!!1���i!e4^=62h'SeY.I,%�Hji44!!I�,Y,.,v,:,�e1Y 3,l^.I:i1�.4<.H':41 M. 'k4� .i--=t:
... ink.. _......
Preliminary Engineering Will Be Performed By Others Agency
Consultant and Mason County 90 % 10
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
McLane Cove Case Inlet -- Tidal Influence ONly
DOT For 140-OMA Page 2 of 3
Revised 2W 9
Agency Project Tale McLane Cove Date
Mason County Bridge Replacement & Approaches
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? El Yes ❑ No
Remarks
N/A
`'N
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 cc�1t yYi,tSS) �
Date LA q`7 !" By _
IkMW
,NWchai n
DOT Form 140-009A
Rehxd 2M Page 3 of 3
IVIAP Washington State
Department of Transportation
Agency Mason County Public Works Project
P 0 Box 1850
Address Agreement
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,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 ,without written authority by the State,subject to the approval of the Federal Highway Administration.All project costs not
reimbursed by theederal Government shall be the responsibility of the Local Agency.
Project Description',,,
Name McLane., Cove Bridge Replacement Length .45 mile
Termini M.P. 2.15 to M.P. 2.60
Description of Work
Estimate of Funding
Type of Work (2) al
EsthmatedTotal Estimated Estimated
"Project Funds Agency Funds Federal Funds
PE a. Agency work :..9 41.'0Q0............... ............2,100...............
b. Other ............................... 18 900
C. State services
d. Total PE cost estimate(a+b+c) 141 ,0100 a21 ,000 120,000
Right of Way e. Agency work
f. Other .......................................... .............................
g. State services
h. Total R/W cost estimate(e+f+k) N/A N N/A
Construction i. Contract *............. .......................................
j. Other
k. Other ............................................ ..................................... .... .......................................
1. Other
in.Total contract costs'(i+j+k+l)
Construction Engnteeriig
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 costestimate of the project (d+h+r) 141 ,000 1,000 120,000
'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 hereon,as to what the federal participation rate will be.It further agrees
that it will not condition any Euture 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 part.ci anon cannot exceed the amount shown in line s,column 3.All costs not
.in
by the Federal Govemment shall be the responsibility of the Local Agency.
DOT Form 140-039
Revised 8/95 1
Construction Method of Financing -
(c)reck 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_ 19 97 .Resolution/Ordinance No.
Agency Official Washington State Department of Transportation
By By
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 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 agreement,in accordance with plans and specifications as proposed by writing by the State for each classification.The classifications of work
projects are:
the Agency and approved by the State and the Federal Highway for 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'lighway Administration. In the event that right of way acquisition,or actual construction
of the road,for which preliminary engineering is undertaken is not
11. 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 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 parti"cipation.
conformity with the approved plans and specifications, The Agency agrees that on federal aid highway construction
I11. Project Administration projectsthe 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
run this project as requested by the Agency and described in the Type the contract within the contract time.
cif Work above.in addition,the State will fumish qualified personnel 1, •
for the supervision and inspection of the work in''progress.On Local Vl. 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,6nd all other salaries and accord with the Intermodal Surface Transportation Efficiency Act
costs incurred by Slate forces upon the project will he considered a cost Ie)91,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.'The State shall
51aly in the customary manner on highway payrolls and vouchers shall not he ultimately responsible for any of the costs of the project.The
he charged as costs of the project. Agency shall be idlimately responsible for all costs associated with the
IV. Availability of Records project which arcs not reimbursed lgv the Federal Goverrmuent.
Nothing in this agreement shall he ronslrut ti as a promise by the State
All project records in support of all costs incurred and actual as to Idle miomil or nature of federal participation in this project.
r•xpondilurts kept by the Agency are to he maintained in accordance 1. Preliminary Engineering,Rigb1of Way Acquisition,and,
with procedures prescribed by the Division of Municipal Corporalions Audit('osty
of the State Auditor's Office,the U.S. Department of Transportation,
and the Washington State i eparlmenl of•Transportation.The records ling Agency will pay for Agenr' irrrnrred costs nn the project.
,,hall be open to inspection by the+1,gte and Federal(�ovenvnent.11 all the tomcat such paymentsI vnucheni shall Ik•submitted to Iho Stale in
reasonable tirnes and shall he relaincd and made available for soot the Gtnnal pmsrrihed by[Ili-Still(,,in quadrnplicale,not more than
inspectioo fora I-riod of not less than three years front the final one per month.Aw State will wimllurse Ihr Agency tip to Ilse'
i)Oi f, i 14hri'l
amount shown owthe 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. " IX. Traffic Control,Signing,Marking, and oaidwwa
Following payment;the State shall bill the Federal Government for g9 y
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 ma=intain 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,F'ederal Government,arising from the Agency's
from the contractor.Foll mg such payments,the State will submit a execution,performance,or failure to perform any of the provisions of
billing to the Federal Go rnment for the federal aid participation
share of the cost.When the oject is substantially completed and final. this agreement,or'of any other agreement or contract connected with
can be,determined,the State will present the this agreement,.br arising by reason of the participation of the State or
actual costs of the project
Agency with a final billing showing the amount due the State or the Federal Government in the project,PROVIDED,nothing herein shall
amount due the A en This billin will be cleared b either a require the Agency to reimburse the State or the Federal Government
payment from the A ry to the State orb a refund from the State to for damages arising out of bodily injury to persons or damage to
g
y 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 in
shall take place and the exact amount to be 11, Nondiscrimination Provision
withheld each month.The extent of withholding will be core imed 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.b_Wings;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
format resod C—b the State in y submit
not more State'm,the credit of the Federal Government pursuant to a grant,contract,loan,
Method C-The Agency may submit vouchers to the S
an once
P Y quadruplicate, 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 cosis'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;g supervision,administration, ervision,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 protect 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 uicurred by the State national origin.Such actionshall 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'sglection for training,including
(see Section VMII.' . apprenticeship.The contractor agrees 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 forIaudit 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 tb=the State and the Federal employees placed by or on behalf of the contractor,state that all
qualified applicants will receive consideration for employment
Government- ;.,
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 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 pE the United States;WSDOT Directive by the Agency advising the said labor union or workers'
AdmireD27-50,Consultantmoranda ofon,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 participation(see Section VIII). relevant orders of the Secretary of Labor.
(e)The contractor will furnish all information and reports
Vlll.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 3
Revised 8195 -
-Labor_for purposes of investigation to ascertain compliance with-such to the amount of Federal participation in the project cost;shall be rt'
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 i
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 autho"sized 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 September34,: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 includi�he 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 riles; as a direct result of an Executive Order of the President with respect to
regulations,or orders of the Secretary'9fLabor issued pursuant to' the prosecution of war or in the interest of national defense,or an
Section 204 of Executive Order 11246 of SSeptember 24,1965,so that Executive Order of the President or Governor of the State with respect
such provisions will be binding upon ea 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 includin sanctions for primarily caused by the acts or omissions of persons or agencies other
noncompliance:Provided,however,that in th 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 Stakes. XIV.Venue for Claims and/or Causes of Action `
The Agency'further agrees that it will be boud 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 participatesin 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&ovemment,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 whirl ido- 'not ` Superior Court for Thurston County.t "
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 obt"I ffig 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.a'ppropriated funds have been paid or will be
Secretary of Labor:(2)To furnish the Statesuch information as it may require for thepaid,by or on be of the undersigned,to any person for influencing '
uence
officer or
supervision of such compliance and that it will otherwise assist the. or attempting
t ema member of Congress,an officer employee
employee ee of federal
, or
State in the discharge of its primary responsibility for securing agency, p y
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
Makin any federal loan,the entering into of any cooperative
agreemeen
modification subject to'Executive Order,11246 of September 24,1965, n
with a contractor debar ed from,or who has not demonstrated t,and the extension,continuation,renewal,amendment,or
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 Y (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;subpart D of the Executive Congress,an officer or employee of Congress,or an employee of a
Order. J 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`Fonm-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 cogperative 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
XI1. 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 905,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
{
® al enc er
Washington State
al
Department of Transportation Aid ProjectProspectus
Prefix Route ( )
Federal Aid Date
Project Number
Local Agency Federal Employer
Project Number I Tax ID Number
Agency Federal Program Title
Mason County Department of Public Works ❑ 20.204 IK1 20.2o5 ❑ 20.206 ❑ 20.2og ❑ other
Project Title
McLane Cove Bridge Replacement & Approaches
Project Termini From To
M.P. 2. 15 M.P. 2.60
From: To: Length of Project Award Type
2. 15 2.60 .45 X] Local ❑ Local Forces ❑ State ❑ Railroad
Federal Agency City Number County Number County Name WSDOT Region
FHWA ❑ Others N/A 23 1 Mason Olympic
Congressional District Legislative Districts Urban Area Number TMA/MPO/RTPO
6 35 N/A Peninsula
Total Local Agency Percent Oblt anon.
Phase Estimated S. Funding ederal Fund Federal Date
(NearestDolfar) (Nearest;Dollarj (NearestDollar)s ,. F..;untls Month Year
P.E. 141 ,000 21 ,000 120,000 85 07 97
R/W
Const.
Total 141 ,000 21 ,000 120,000
Descr[pfion of Ex[sting Fae[I[ty (Existing Design and Present Condttlonj
Roadway Width Number of Lanes
24 feet Bride - 22 foot approach.....
2
25 foot: span bridge spanning McLane Cove on the Grapeview Loop Road.
Road approaches consist of two 9 foot lanes with 2 foot shoulders..
Descrtpt[on 0 "..1.Proposed Work
Roadway Width Number of Lanes
New Construction ❑3-R ❑2-R Bridge 2
Preliminary Engineering for new construction involving realignment 0.4 mile of
bridge approaches and widening to two 11 foot lanes with 4 foot shoulders.
Bridge replacement will consist of a 45 foot span and 32 foot deck.
Local Agency Contact Person Title Phone 427-9670,
William Bullock TranspQrtation Fnqinppr X-458
Mailing Address City State Zip Code
P 0 Box 1850 Sh 1
B
Design Approval Y J RY AUTH /E/ Appr vingAuthority
(CA Agencies Only) Title Co ,ty Eng ie Date Apr 1 22, 1997
DOT Form 140-101 EF Page 1 of 3
Revised 1/97
Agency Project Title McLane Cove Date
Mason County Bride Replacement & Approaches
Right of
❑ No Right of Way Required ®Right of Way Required
*All construction required by the
contract can be accomplished ElNo Relocation ❑Relocation Required
within the existing right of way.
Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project
Any utility relocations 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
MARY Vbf hairperson
Board M son County Vommissioners
DOT Form 140-101 EF Page 3 of 3
Revised 1/97
Adft
Washington State
®, Department of Transportation Local Agency Agreement
Agency Mason County Dept. of Public Works Project No.
P 0 Box 1850
Address Agreement o.
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,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 McLane Cove Bridge Replacement Length .45 mile
Termini-M.P. 2. 15 to M.P. 2.60
Description of Work
Realign bridge approaches and construct new bridge. New alignment includes two
11—foot lanes with 4 foot shoulders. New bridge will be 45 feet long and will be
32 feet wide.
Estimate of Funding
Type of Work (2) (3)
EstimatedTotal Estimated Estimated
ProjectFunds Agency Funds FederalFunds
PE a. Agency work ..............1.4.0.,00.0......... ...................2.0.,.8.5.1...... .............1.1.9.,..1.4.9.....
b. Other .............P..........I................. ................... ..................... ............0........................
c. State services 1 ,000 149 851
d. Total PE cost estimate(a+b+c) 141 ,000 21 ,000 120,000
Rightof Way e. Agency work .......................................... ........................................... .......................................
f. Other ............................................ ........................................:.. ......................I................
g. State services
h. Total R/W cost estimate(e+f+g) N/A N/A N/A
Constructioni. Contract ................I........................... ....................................I...... .......................................
j. Other ...............................I............ ........................................... .......................................
k. Other ............................................ ........................................... .......................................
1. Other ............................................ ........................................... ........................I..............
m.Total contract costs(i+j+k+l)
Construction Engineering
n. Agency ............................................ ................................I.......... ......................I.;..............
o. Other ............................................ ...........................I............... .......................................
p. State forces
q. Total construction engineering(n+o+p)
r. Total construction cost Estimate(m+q) N/A N/A N/A
S. Total cost estimate of the project (d+h+r) 141 000 21 ,000
120,000
'Federal participation in construction engineering(q)is limited to 15 percent of the total contract costs(line m,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. 11%
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 panccipation 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 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 j 22 .19 97, .Resolution/Ordinance No. 44-97
Agency Official Washington State Department of Transportation
B By
MARY C --
y Assistant Secretary for TransAid
Chai ? Ir-
Board of Mason County Commissioners
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
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 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 lghway Administration. In the event that right of way acquisition,or actual construction
of the road,for which preliminary engineering is undertaken is not
11. 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 terns
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
111. 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 Slate 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 Surface Transportation Efficiency Act
costs incurred by State forces upon the project will be considered a Cost 1991,'T'ille 23,United States Code,as amended,and Office of
(hereof.All costs related to this project incurred by employees of Ihc Management and Budget circulars A-102 and A-128.•11te State shall
State in the customary manner on highway payrolls and vouchers shall not be ulliniately responsible for any of the costs of the project.Th-
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.
Nothing in this agreement shall he construed as a promise by the State
All project records in support of all costs incurred and actual as 14)the amocmt or nature of federal participation in this project.
expenditures kept by the Agency are to he maintained in accordance 1. PreliminarylingincerinK,Righlof Way Acquisition,and
with procedures prescribed by the i)ivision of Municipal Cctrporalions
of the Stale Auditor's Office,the U.S.Department of Transportaliort, Audit Costa
and the Washington Stale Deparlownt of Transportation.The records 'I hc•Agency will pay for Agrnry inrnrred culls on the project.
shall be open to inspection by the Slate and Federal Government at all following!+rich payments,voochels shall be submitted to the Stale in
reasonahle firm-,and shall he rebnned and made available for such the formal prescribed by the Stale,in quadruplicale,not more than
inspection for a period of not lest.th.cn Ihree years from the linal Mw per month. lire State will minihorse the Agency up to the
U()i I nrr.. 141,(,Ti
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 he 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
fromthered under the contract upon presentation of progress billings contractor.Following such payments,the State will submit a the Agency,State,or Federal Government,arising from the Agency's
from the
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
actual costs of the project can be determined,the State will present the this agreement,or arising by reason of the participation of the State or
Federal Govemment in the project,PROVIDED,nothing herein shall
Agency with a final billing showing the amount due the State or the r a require the Agency to reimburse the State or the Federal Government
payment from the Agency to the State or byy a refund from the State to
amount due the Agency.This billing will cleared by eitheGovernmentfor damages arising out of bodily injury to persons or damage to
property caused by or resulting from the sole negligence of the
the Agency.Method B— The Agency's share of the total construction cost as Federal Government or the State.
shown on the face of this agreement shall be withheld from its monthly No liability shall attach to the State or Federal Government
fuel tax allotments.The face of this agreement establishes the months except as expressly provided herein.
in which the withholding shall take place and the exact amount to be X11. 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 Govemment 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,
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
Agency's files and made available to the State and the Federal employees placed by or on behalf of the contractor,state that all
Govemment. 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.
Office in accordance with generally accepted governmental auditing (c) The contractor will send to each labor union or
standards as issued by the United States General Accounting Office by representative of workers with which he has a collective bargaining
the Comptroller General of the United States;WSDOT Directive agreement or other contract or understanding,a notice to be provided
D27-50,Consultant Authorization,Selection,and Agreement by the Agency advising the said labor union or workers'
representative of the contractor's commitments under this Section
Administration;memoranda of understanding between WSDOT and FHVVA;and Office of Management and Budget Circular A-128. 11-2 and shall post copies of the notice in conspicuous places available If upon audit it is found that overpayment or participation of to employees and applicants for employment.all provisions of Executive
y with
federal money in ineligible items of cost has occurred,the Agency shall Order 11246 of September 24,(d)The contractor will comply
and the rules,regulations,and
reimburse the State for the amount of such overpayment or excess relevant orders of the Secretary 6 Labor.
participation(see Section VIIl).
(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 Farm 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: f
of Federal Funds or Lobbying
a
(1)To assist and cooperate actively with the State in obtaining The main Funds
certifies,to the best of his or her
the compliance of contractors and subcontractors with the equal approving authority
opportunity clause and rules,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 R,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
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 Fo(m 140-039 4
Revised 8/95