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HomeMy WebLinkAboutCONSENT Amend 2 Little Quil River bridge replace Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mara�-M/�c�ey, County Administrator -�O7n Pe--e5 From: Eric Kuzma, Public Works Director Agenda Date: July 27, 2026 Subject: Local Agency Agreement Supplement No. 2 for the Washington State Dept. of Transportation (WSDOT), Little Quilcene River Bridge Replacement, Project No. 18020970, County Road No. 931507, Federal Aid No. BRS- Q161(010) Statement of Issue: The attached Local Agency Agreement Supplement is necessary in order to obligate funding for the Right of Way phase and authorize additional funding for the Preliminary Engineering phase for the Little Quilcene River Bridge Replacement. Analysis/Strategic Goals/Pro's Et Con's: The Little Quilcene River Bridge, located at Center Road MP 14.62, is classified as structurally deficient, functionally obsolete, and has load restrictions for single unit trucks. Replacement of this bridge is of high importance because Center Road is Jefferson County's main north-south route for freight mobility and the travelling public. The project is funded by the Federal Bridge Replacement and Rehabilitation (BRR) Program. Public Works is nearing completion of Preliminary Engineering and Right of Way acquisition. Public Works proceeded with Right of Way in advance of funding obligation by using an approved early acquisition process, which was necessary to keep the project on schedule. This supplement will provide funding to reimburse Right of Way costs. For Preliminary Engineering, the supplement will provide funding for revisions and updates to the PSEtE in order to comply with the recently updated 2024 Stormwater Management Manual for Western Washington, and design of Large Woody Debris project elements that were not included in the original scope of work. Fiscal Impact/Cost Benefit Analysis: The Supplement amount is $261,662. The Preliminary Engineering phase and Right of Way phase are funded at 100% by the BRR. Recommendation: The Board is requested to sign the one original of the Local Agency Agreement Supplement No. 2 and the Project Prospectus, and return to Public Works. Department Contact: Mark Thurston, P.E. Project Manager, 385-9210. Reviewed By: SpJosh ters, County Administrator Date --7/a9/9,4 CONTRACT REVIEW FORM I Clear Form I (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Washington State Dept.of Transportation Contract No:NJ'LQ2,1g - Contract For: Little Quilcene River Bridge Replacement Term: COUNTY DEPARTMENT: Public Works Contact Person: Mark Thurston/Chris Spall Contact Phone: Ext.210/Ext.208 Contact email: mthurston@co.jefferson.wa.us/cspall@co.jefferson.wa us AMOUNT: $261,662 PROCESS: — Exempt from Bid Process Revenue: 180000010.33320.23.0000 _ Cooperative Purchase Expenditure: 595 Competitive Sealed Bid Matching Funds Required: Yes , Small Works Roster Sources(s) of Matching Funds Federal BRR — Vendor List Bid Fund # RFP or RFQ Munis Org/Obj ti Other: Local Agency Agreement Supplement APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: ❑ N/A:I I 7/9/26 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: ❑ N/A: IT _ 7/9/26 Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 7/21/2026. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 7/17/2026. DPA Luther reviewed and approved on 7-17-2026. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 WiaWashington State Department of Transportation Local Agency Agreement Supplement Agency Supplement Number Jefferson County 2 Project Number Agreement Number ALN. 20.205- Highway Planning BRS-Q161(010) LA10280 and Construction Federal Highway Administration(FHWA) All provisions in the basic agreement remain in effect except as modified by this supplement. The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment (2 CFR Part 180).Additional changes to the agreement are as follows: Project Description Name Little Quilcene Bridge Replacement Length 0.15 Termini Center Road milepost 14.55 to 14.70 Description of Work No Change See attached Exhibit A Reason for Supplement PE Agency funding is depleted due to project delay associated with long permitting timelines. Re-design of the stormwater facilities is necessary to comply with recently updated SWMMWW. Authorization of RW funds. Indirect Cost Rate Yes t/ No Project Agreement End Date December 31, 2029 Advertisement Date Estimate of Funding Type of Work Previous (2) Estimated Total Estimated Agency Estimated)Federal Agreement/Suppl. Supplement Project Funds Funds Funds PE a.Agency 64,500.00 47,434.00 111,934.00 111,934.00 b.Other Consultant 522,314.00 88,340.00 610,654.00 610,654.00 Federal Aid c.Other 0.00 Participation 10,000.00 10,000.00 10,000.00 Ratio(s)for PE d.State Services e.Total PE Cost Estimate 596,814.00 135,774.00 732,588.00 0.00 732,588.00 RW f.Agency 124,888.00 124,888.00 0.00 124,888.00 g.Other 0.00 Federal Aid Participation h.Other 0.00 Ratio(s)for RW i.State Services 1,000.00 1,000.00 1,000.00 j.Total R/W Cost Estimate 0.00 125,888.00 125,888.00 0.00 125,888.00 CN k.Contract 0.00 I.Other 0.00 Federal Aid m. Other 0.00 Participation n.Other 0.00 Ratio(s)for CN o.Agency 0.00 p. State Services 0.00 g.Total CN Cost Estimate 0.00 0.00 0.00 0.00 0.00 r.Total Project Cost Estimate 596,814.00 261,662.00 858,476.00 0.00 858,476.00 The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions. Agency Official Washington State Department of Transportation By By Title Director, Local Programs Agency Date Date Executed DOT Form 140-041 LP Revised 09/2025 07-16-2026 Page 1 .Previous Versions Obsolete• Approved as to foml only: Jeremiah B. Luther Date Civil fhnnty Prnco,-ntina .ltrnrn,w Agency Supplement Number Jefferson County 2 Project Number Agreement Number ALN 20.205-Highway Planning BRS-Q161(010) LA10280 and Construction Federal Highway Administration(FHWA) VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin. Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and 2 CFR Part 200.501 -Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation. IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director, Local Programs. Project Agreement End Date-This date is based on your projects Period of Performance (2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement.All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they become ineligible for federal reimbursement. VIII. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations.A subrecipient who expends $1,000,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. XVII. Assurances Local Agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration)are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act(ADA). DOT Form 140-041 LP Revised 09/2025 Page 2 •Previous Versions Obsolete• Exhibit A Description of Work The proposed work is to replace the existing bridge with a 128 ft. long single-span concrete girder bridge on a driven pile foundation. The bridge width will be 38 ft. curb-to-curb to match the existing roadway. The predecessor to the current bridge, a concrete arch bridge located 150 ft. upstream, will be used for a detour during construction. This supplement is needed for additional PE funds and for RW fund authorization. 1 WiWashington State Department of Transportation Local Agency Agreement Supplement Agency Supplement t�fumber— Jefferson County 1 edera�Aid r�ect umber Agreomi3rit Rurri6er BRS-Q161(010) reeme0 CfDANo. 20.205 Highway Planning and Construction All provisions in the basic agreement remain in effect except as modified by this supplement. The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment (2 CFR Part 180).Additional changes to the agreement are as follows: Project Description Name Little Quilcene Bridge Replacement Length 0.15 Termini Center Road milepost 14.55 to 14.70 Description of Work / No Change Reason for Supplement The consultant fee proposal for project design and permitting exceeds the Agency's estimate by$300,000,largely due to permitting and stormwater changes,related to PGIS requirements,which occurred subsequent to the grant award.See attachment for details. Are you claiming Indirect cost rate? r]Yes / No Project Agreement End Date December 31,2026 Advertisement Date Estimate of Funding Type of Work (1) (2) (3) (4) (5) Previous Estimated Total Estimated Agency Estimated Federal Supplement AgreemeniiSuopl, Project Funds Funds Funds P 64 500.00 64,500.00 64,500.00 °A B. QC4t y t p01@I Consultant 292,000.00 230,314.00 522,314.00 522,314.00 Federal Aid • — • . 0.00 _ _ Participation 10,000.00 10 000.00 10,000.00 Ratio for PE '• 6IC-SSI rages. _ -metal PE Cosl EstimatB.(f+ittip 366,500.00 230,314.00 596,814.00 0.00 596,814.00 Rightf Way o _. — t:Agy% -- 0.00 �411101.___ 0.00 Federal Aid _ Participation -Other 0.00 Ratio for RW ._St;lte Sgrvlm 0.00 Constiuctlon. ,.1_4 R/W_F4 t_EgLII8.(If_11nhJ) 0.00 0.00 0.00 0.00 0,00 Is Contract 0.00 ►,Other--- 0.00 m.Other 0.00 re—i eral liid— Participation n.Other 0.00 - —_— Ratio for CN 'i-kten cy 0.00 P.S(atp Se vicgg 0.00 .. 'al ON COI Es4tl g(k+km+n,±stpj- 0.00 0.00 0.00 0.00 0,00 r.Total Prpj�o�<pst shm@��y � 366,500.00 230,314.00 596,814.00 0.00 596,814.00 The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures,and as a condition o payment of the Federal funds obligated,it accepts and will comply with the applicable provisions. Agency 0 icial i Washington State Department of Transportation By 'V .----\ --- By Stephanie Digitally signed by Title Heidi Eisenhour,Chair Board of County Commissioners Director, Local Program Stephanie Tax Agenc y Dale Approved a to form only: Date Executed Tax Date:2022.08.12 13:34:28-07'00' tl,'L '' C el''''''"A--`- July 30,2022 DOT Form 140-041 Philip C.Hunsucker, Date Page 1 Revised 04/2022 Chief Civil Deputy Prosecuting Attorney Agency Supplement Number Jefferson County 1 Federal Aid Project Number Agreement Number CFDANo. 20.205-Highway Planning BRS-Q161(010) LA10280 and Construction VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State,is to be paid by the Agency and by the Federal Government.Federal funding shall be in accordance with the Federal Transportation Act,as amended,2 CFR Part 200.The State shall not be ultimately responsible for any of the costs of the project.The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing In this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred In conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance,general administration,supervision,and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200-Uniform Admin.Requirements,Cost Principles and Audit Requirements for Federal Awards,and retained for audit. The State will pay for State Incurred costs on the project. Following payment,the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project.The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government(see Section IX). VII. Audit of Federal Consultant Contracts The Agency,if services of a consultant are required,shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project.The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States;WSDOT Manual M 27-50,Consultant Authorization,Selection,and Agreement Administration;memoranda of understanding between WSDOT end FHWA; and 2 CFR Part 200.501 -Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred,the Agency shall reimburse the State for the amount of such overpayment or excess participation. IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project(e.g., State force work,project cancellation,overpayment,cost ineligible for federal participation,etc.)is not made to the State within 45 days after the Agency has been billed,the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund.No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director, Local Programs. Project Agreement End Date-This date is based on your projects Period of Performance(2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement.All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they become ineligible for federal reimbursement. VIII. Single Audit Act The Agency,as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations.A subrecipient who expends$750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. XVII.Assurances Local Agencies receiving Federal funding from the USDOT or its operating administrations(i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration)are required to submit a written policy statement,signed by the Agency Executive and addressed to the State,documenting that all programs,activities and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act(ADA). DOT Form 140-041 Page 2 Revised 04/2022 ORIGINAL 41 . V7IWashington State IP Department of Transportation Local Agency Agreement Agency Jefferson County CFDA No.20.205 (Gala 4g or Feder&DentesticAssistance) Address 623 Sheridan Street Project No. BRS Q] �(}j()� Port Townsend, WA 98368 0 Agreement No. (.. 4 L0 6 The Local Agency having complied, or herebyagreeing to comply, For OSC WSDt?T Use Only g cY p 9 9with the terms and conditions set forth in(1)Title 23. U S. Code — Highways, (2)the regulations issued pursuant thereto, (3)2 CFR Part 200, (4)2 CFR Part 180-certifying that the local agency is not excluded from receiving Federal funds by a Federal suspension or debarment, (5)tho policies and procedures promulgated by the Washington State Department of Transportation, and(6)the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification, Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r,column 3,without written authority by the State, subject to the approval of the Federal Hignway Administration All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Little Quilcene Bridge Replacement Length 0.15 Termini Center Road milepost 14.55 to milepost 14.70 Description of Work The proposed work is to replace the existing bridge with an estimated 120 ft.long multi span concrete slab bridge on drilled shafts. The bridge width will be 38 ft. curb-to-curb to match the existing roadway, The predecessor to the current badge, a concrete arch bridge Located 150 ft. upstream,will be used for a detour during construction,and then demolished Project Agreement End Date December 31. 2026 3 Claiming Indirect Cost Rate Proposed Advertisement Date Yes ✓ No Estimate of Fundi g Type of Work (1! {2) (3) Estimated Total Estimated Agency Estimated Federal Project Funds Funds Funds PE 100% �.Agency _ _ . 64,500.0° �OC,S DK96 _ • _ T_ ._ 64,500.00 b,Other Consultant 292,000.00 Federal Aid Othttr _ — _ — ___ 29r2 000.00 •Participationti._ $ 10,000.00 Ratio for PEG 1 o,OGo 00 i__—. ejptal PE CoSI.s(irns1ta_ta4b+01) 366,500.00 0.00 J66 i00.UU Right o V a i,A en — a g.Mei__ ' Federal Aid —. �_ .__µ. _. _ ... Participation h,_Other_. Ratio for R'�'J I,State _ . —L Thai Rw Cost E. air tr*g.n,it 000 0.00 .0.00 Conslruclion%k.Contract . t_Qther m.Other _ Federal Aid n,Other __ — _ - - 1Farticipation ._ . y _ __,_.. ,'Ratio for CN o.Agent _ p,State w. _ _Z_Total CN�..LE.Sti )e f$tl+m+a+o*rd 0.00 0.00 0.00 r.Total Project Cost Esiiriate(e+i+c8 __ 1366.500.00 0.00 366,500.00 Agency Official Washington State Sy__ / (O/�Official(' ' %Oz.� Department of Transportation Stephanie 1/ L tg rsgeyA ng Stephan*Tar. By Director, Local 7 ""� We/clP r�.lr 'f'1jt�t r t a}� wa za:r:ox3o13ax:i+•aroo Title r FtGf i!'f f fe t2d n 6,,,,,,,„„ 8 oe Date Executed DOT Form 140-039 Revised 1)f9f120 Page I Construction Method of Financing (Check Method Selected) State Ad and Award Method A-Advance Payment -Agency Share of total construction cost(based on contract award) Method B -Withhold from gas tax the Agency's share of total construction coast (line 5, column 2)in the amount of $ at$ per month for months. Local Force or Local Ad and Award ,/ Method C -Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below.Adopted by official action on January 22 , 2003 Resolution/Ordinance No. Provisions I. Scope of Work The Agency shall provide all the work,labor,materials, and services necessary to perform the project which is described and set forth in detail in the"Project Description"and'Type of Work." When the State acts for and on behalf of the Agency,the State shall be deemed an agent of the Agency and shall perform the services described and indicated in"Type of Work"on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal I lighway Administration, When the State acts for the Agency but is not subject to the right of control by the Agency,the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration_ !I. Delegation of Authority The State s wiling to fulfill the responsibilities to the Federal Government by the administration of this project.The Agency agrees that the State shall have the full authority to carry cut this administration.The State shall review, process,and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency In all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project,the State shall review the work to ensure conformity with the approved plans and specifications, III. Project Administration Certain types of work and services shall be provideo by the State on this project as requested by the Agency and described in the Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress_On Local Agency advertised and awarded projects,the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans,specifications, and federal aid requirements.The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof.All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV.Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation,and the Washington State Department of Transportation.The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency.Copies of said records shall be furnished to the State and/or Federal Government upon request. V, Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification.The classifications of work for projects are: 1. Preliminary engineering. 2. Right of way acquisition_ 3. Project construction. Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show continuous progress may result the Agency's project becoming inactive,as described in 23 CFR 630,and subject to de-obligation of federal aid funds and/or agreement closure. If right of way acquisition,or actual construction of the road for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to the State the sure or sums of federal funds paid to the Agency under the terms of this agreement(see Section IX), If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year following the fiscal year in which the right of way phase was authorized,the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement(see Section IX). DOT Farm 140-039 Page 2 Revised 12/2020 The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects,the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation In the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI, Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government, Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of Inc costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with appllcabie federal and state laws.The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current Indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200- Uniform Admin Requirements, Cost Principles and Audit Requirements for Federal Awards,and retained for audit, The State will pay for State Incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government(see Section IX). 1. Protect Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A—The Agency will place with the State,within (20)days after the execution of the construction contract,an advance rn the amount of the Agency's share of the total construction cost based an the contract award.The State will notify the Agency of the exact amount to be deposited with the State.The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor.Following such payments,the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined,the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency.This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B—'The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments.The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month.The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor,the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C —The Agency may submit vouchers to the State in the format prescribed by the State,in duplicate,not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project Expenditures by the Local Agency for maintenance,general administration,supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan: The State snail reimburse the Agency for the Federal share of eligible project costs up to the amount shown on tee face of this agreement.At the time of audit, the Agency will provide documentation of all costs incurred on the project.The State shall bill the Agency for all costs incurred by the State relative to the project.The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participator) (see Section IX). VII.Audit of Federal Consultant Contracts The Agency,if services of a consultant are required,shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project.The report of said audit shall be in the Agency's files and made available to the State and the Federal Govern rnent. An audit shall he conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States,WSDOT Manual M 27-50,Consultant Authorization,Selection, and Agreement Administration;memoranda of understanding between WSDOT and FHWA; and 2 CFR Part 200.501 -Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). VIII. Single Audit Act The Agency,as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations.A subrecipient who expends S750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year In accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, Inc Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. DOT Form 140-039 Play°3 Revised s2r202i IX.Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's tailing relative to the project(e.g., State force work, project cancellation,overpayment, cost ineligible for federal participation,etc.)is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum duo from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director,Local Programs. Project Agreement End Date-This date is based on your projects Period of Performance(2 CFR Part 200,309), Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement-All eligible costs incurred prior to the Protect Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they become ineligible for federal reimbursement. X.Traffic Control,Signing, Marking,and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without poor approval of the State and Federal Highway Administration.The Agency will not install or permit to be installed any signs, signals, or markings not In conformance with the standards approved by the Federal Highway Administration and MUTCD,The Agency will, at its own expense, maintain the improvement covered by this agreement. Xl.Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims,demands,or suits,whether at law or equity brought against the Agency, State, or Federal Government,arising from the Agency's execution, performance,or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement,or arising by reason of the participation of the State or Federal Government in the project,PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII, Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall riot discriminate on the basis of race, color,national origin,or sex in the award and performance of any USDOT- assisted contract andlor agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements.The WSDOT's DBE program,as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in Inis agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program,the Department may impose sanctions as provided for under Part 26 and may,in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 andlor the Program Fraud Civil Remedies Act of 1986(31 U.S. C.3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be Incorporated into any contract for construction work,or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is pad for in whole or In part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance,or guarantee or understanding pursuant to any federal program involving such grant, contract,loan,insurance,or guarantee, the required contract provisions for Federal-Aid Contracts(FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it wll be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:Provided, that if the applicant so participating Is a State or Local Government,the above equal opportunity clause is not applicable to any agency,instrumentality,or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees' {1)To assist and cooperate actively with the State In obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations,and relevant orders of the Secretary of Labor. (2)To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3)To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965,with a contractor debarred from, or who has not demonstrated eligibility for,government contracts and federally assisted construction contracts pursuant to the Executive Order. (4)To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration,or the Secretary of Labor pursuant to Part II,subpart D of the Executive Order. In addition,the Agency agrees that if it faits or refuses to comply with these undertakings, the Slate may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency;and (c)Refer the case to the Department of Justice for appropriate legal proceedings. DOT Form 140.039 Page 4 Revised 12,7020 XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635,Subpart 127,as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable In the event the contractor falls to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV.Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole,or from time to time in part,whenever: (1)The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2)The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense,or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3)The contractor Is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent Jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4)The Secretary s notified by the Federal Highway Administration that the project is inactive. (5)The Secretary determines that such termination is in the best interests of the State. XV, Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington,growing out of this contract or the project with which it is concerned, shall be brought only In the Superior Court for Thurston County. XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and bel ef,that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant,the making of any federal loan, the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment, or modification of any federal contract,grant,loan,or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with this federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit the Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included In the award documents for all subawards at all tiers(including subgrants, and contracts and subcontracts under grants,subgrants, loans, and cooperative agreements)which excood $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code Any person who fails to file the required certification shall bo subject to a civil penalty of not less than S10,000 and not mere than S100,000 for each such failure. XVII.Assurances Local agencies receiving Federal funding from the USDOT or its operating administrations(i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration)are required to submit a written policy statement, signed by the Agency Executive and addressed to the State,documenting that all programs,activities,and services will be conducted in compliance wile Section 504 and the Americans with Disabilities Act(ADA). Additional Provisions DOT Form 140.039 page 5 Revisrtl 12/2020