HomeMy WebLinkAbout081511_ca06
Department of Public Works
o Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
From:
Board of Commissioners
Philip Morley, County Administrator
Frank Gifford, Public Works Director 4Jf
To:
Agenda Date:
August 15,2011
Subject:
Local Agency Federal Aid Project Prospectus and
Local Agency Agreement with Wash. State Dept. of Transportation
Upper Hoh Road MP 3.2 to MP 6.9 Emergency Repair
Statement of Issue: A Project Prospectus and Local Agency Agreement are necessary in
order to authorize federal funding for the Upper Hoh Road MP 3.2 to MP 6.9 Emergency
Repair.
Analysis/Strategic Goals/Pro's 8: Con's: During December 14 to December 27,2010,
emergency repairs were performed at numerous sites on Upper Hoh Road between
milepost 3.2 and milepost 6.9. This Local Agency Agreement will authorize Federal
Highway Administration (FHWA) Emergency Relief funding for those repairs, as well as a
preliminary design report for replacement of the culvert at Upper Hoh Road milepost
3.338. Public Works has prepared an estimate of $3,055,000 to replace this culvert with
a new bridge. The proposed preliminary design report will serve to further examine the
bridge option and other options, and to refine the estimate.
Fiscal Impact/Cost Benefit Analysis: Emergency repairs performed during December 14
to December 27,2010 in the amount of $8,200 will be funded at 100% by the FHWA. The
preliminary design report for Upper Hoh Road milepost 3.338 in the amount of $56,000
will be funded at 86.5% by the FHWA and 13.5% by the County Road Fund.
Recommendation: The Board is requested to sign two documents:
. Local Agency Federal Aid Project Prospectus - 3 originals
. Local Agency Agreement - 3 originals
Department Contact: Monte Reinders, P.E., County Engineer, 385.9242.
Reviewed By:
8h~
Date
Appendix 21.41 Prospectus Submittal Checklist
Local Agency: Jefferson County Project Identification: i Upper 14oh Rd MP 3.33 x o 6 9
Use this sheet as a cover sheet to the project prospectus package. Place an "X" in the right column to denote items
included. If not applicable, state N/A. Include in the cover letter a comment explaining the action taken on each
item as appropriate. Note later with an "L" if the information will be supplied at a future date.
Application:
1. Project Prospectus (Chapter 21) ................. ..._................................... ............. ............................. ....................................... ................................ .............................. ................. ............................................ .... .................................................................... ..........._... ............... X
2. Vicinity Map„ X
3. Typical Roadway or Pathway Section -_ _ .... -.._ L
4. Typical Bridge Section .............................. ..........................................................................................._..... ...................................... ............................... .................. _. L
5. Local Agency Agreement (Chapter 22) _------- ----- -------- ---------..__-.--._---.__.__...-_ ------- ------- - X
6. Documented Cost Estimate (Chapter 22) X
7. TIP/STIP Inclusion (MPO/County/Agency, selected/limited to $) ......... _---- - ........ NA
Supporting Data:
g. Local Agency Design Matrix Checklist (Appendix 42.101) L
9. Photos (Railroad Crossing, ER Event Sites, as required) .......... _..-_....... ...._..... ._____................ __..--..._..................._._._._......_......._.___.._.................._._.._.... ............. X
10. Sample Deviation Analysis Format (Appendix 41.41) ................ .._._ .... --- . _ ... _. ............ ............... ._ _............... ._. ............... NA
11. Environmental Considerations (Chapter 24) .......... ................_ L
a. Class II Categorically Excluded (CE) - Environmental Classification Summary (ECS) ___.-.._
b. Class III Environmental Assessment (EA)
c. Class I Environmental Impact Statement (EIS) .......... .............................. .............. ...... ._-.-......................_................. ............... . _ ...................... ........._...... ....... ......................................... ...... .............. ............ ... ...
.
. . . ................ . ............
d. SEPA Checklist _ --------- _-.._.__._ ----------- ._..__ . --------- ------_- -_._-_. -__- --------- _-_ _------- ----- .--..
e. NEPA/SEPA/Section 404 Interagency Working Agreement
f. Evolutionarily Significant Unit (ESU) Determination of Effect Concurrence .... ................................ ....... ............... ..... _...... .._..____...
12. Design Approval (Chapter 43) ..... ............. ................................. ........... ................... . ............ L
a. Value Engineering Study (where applicable) ....__........................ _..._......................----._....................-- ................... _.... __._.................... _ _-....................... -......................... _................ .... ......
13. Location and Design Approval (Chapter 43) ___------ .____.._..._._---------- --_.-....---------- ---_.-_.-_._-..-------- ------ ------ _------ .... -- ----- ----- -_.__.__ L
14. Right of Way Requirements (Chapter 25) .......... ..... ..... .......... ...................... ....... . _....... _.................... .................... . .......... L
a. Relocation Plan .------ . _-----_ -___... _._--__._ _-._.---- _ ._.-_. _ .__...__- - _.---_ ....
b. Right of Way Plans ................... ................. ..... -.......... ._._.. _..__.............................. ..... _............. _..._.......... ........... .. ........... ............... ..._.....................
c. Right of Way Project Funding Estimate or True Cost Estimate ......................... -.................. ...................... ........................ ................... ........... ............................ .................... ........................... -
d. Request Right of Way Fund Authorization
15. Right of Way Certification (Appendix 25.149) .................-.__...............-..._........ ..... .............. ........-----.................... ..._....... ......... ........ ............ --._............. . L
16. Agreements/Easements with Railroads, Utilities, and Other Agencies (Chapter 32) L
17. Tied Bids (Chapter 44 ............. ......................._.......................................-.........................................................................................................-..............................................................:.
Remarks:
Adft
Washington State
VAf Department of Transportation
Local Agency Federal Aid
Project Prospectus
Date 5/24/2011
Pre fix Route
Federal Aid Central Contractor
Pro'ect Number A160 Registration Exp.Date 4/11/2012
Local Agency WSDOT Federal Employer
Proiect Number (Use Only) Tax ID Number 91-6001322
Agency Federal Program Title
Jefferson County Public Works ® 20.205 ? Other
Project Title Start Latitude 47-49-24.09N Start Longitude 124-12-09.26W
Upper Hoh Road MP 3.2 to MP 6.9 Emergency Repair
End Latitude 47-49-00.40N End Longitude 124-07-44.89W
Project Termini From -- To Nearest City Name Project Zip Code
Upper Hoh Rd. MP 3.2 Upper Hoh Road MP 6.9 Forks 98331-9454
From: To: Length of Project Award Type
MP 3.2 MP 6.9 3.7 ® Local ? Local Forces ? State ? Railroad
Federal Agency City Number County Number County Name WSDOT Region
® FHWA ? Others n/a 16 Jefferson Olympic Region
Congressional District Legislative Districts Urban Area Number TMA / MPO / RTPO
6 24 n/a n/a
Phase Total
Estimated Cost` Local Agency
Funding
Federal Funds Phase Start
Date
Nearest Hundred Dollar Nearest Hundred Dollar Nearest Hundred Dollar Month Year
P.E. $56,000 $73560 $48 440 October 2011
RAN
Const. $8 200 $8,200 completed 12/10
Total $64,200 $7,560 $56,640
.
Description of Existing Facility Existing Design and Present Condition
Roadway Width Number of Lanes
22 ft. 2
The existing roadway is a paved, 2 lane major collector with 35 m.p.h. posted speed. A pproved as dorm O
r'
Jefferson Co. Prosecut 'S Off'
Description of Proposed Work
Description of Proposed Work (Attach additional sheet(s) if necessary)
Temporary Emergency Repair: Removed damaged asphalt, filled holes, placed cold-mix asphalt at MP 3.338. Cleaned culverts
and slide debris at other sites.
Permanent Restoration: Prepare a preliminary design report to analyze options for the replacement of the culvert at Upper Hoh
Road milepost 3.338, at an estimated cost of $56,000. An estimate of $3,055,000 was provided on the DDIR for constructing a
new bridge at this site. The preliminary design report will serve to further examine the bridge option and other options, and to
refine the estimate.
Local Agency Contact Person Title Phone
Monte Reinders P.E. County Engineer 360-385-9160
Mailing Address City State Zip Code
623 Sheridan Street Port Townsend WA 98368
By
Project Prospectus Approval Aproving uthority
Title Date :7 ?
DOT Form 140-101 EF Page 1 of 3 ? Previous Editions Obsolete
Revised 11/10
1
Agency Project Title Date
Jefferson County Public Works Upper Hoh Road MP 3.2 to MP 6.9 Emergency 5/24/2011
Type ` of Proposed Work
Project Type (Check all that Apply) Roadway Width Number of Lanes
? New Construction ? Path / Trail ? 3-R
? Reconstruction ? Pedestrian / Facilities ? 2-R 22 ft 2
? Railroad ? Parking ® Other
? Bridge
Geometric Design Data
Description Through Route Crossroad
Federal
Functional
Classification
? Urban
® Rural ? Principal Arterial
? Minor Arterial
? Collector
® Major Collector
? Minor Collector
? Access Street/Road
? Urban
? Rural ? Principal Arterial
? Minor Arterial
? Collector
? Major Collector
? Minor Collector
? Access Street/Road
Terrain ? Flat ® Roll ? Mountain ? Flat ? Roll ? Mountain
Posted Speed 35 m h
Design Speed
Existing ADT 567 Seasonal Correction Factor
Design Year ADT
Design Year
Design Hourly Volume (DHV)
Performance of Work
Preliminary Engineering Will Be Performed By Others Agency
Consultant 75 % 25 %
n tru ction Will Be Performed By
ro Contract Agency
o
tractor 50 % 50 %
Environmental Classification
® Final ? Preliminary
? Class I - Environmental Impact Statement (EIS) ® Class II - Categorically Excluded (CE)
? Project Involves NEPA/SEPA Section 404 ® Projects Requiring Documentation
Interagency Agreement (Documented CE)
? Class III - Environmental Assessment (EA)
? Project Involves NEPA/SEPA Section 404
Interagency Agreement
Environmental Considerations
DOT Form 140-101 EF Page 2 of 3
Revised 11 110
1
r
Agency Project Title Date
Jefferson County Public Works Upper Hoh Road MP 3.2 to MP 6.9 Emergency 5/24/2011
Right of Way
? No Right of Way Required ® Right of Way Required
* All construction required by the ® No Relocation ? Relocation Required
contract can be accomplished
within the existinq riqht of way.
Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project
Temporary relocation of utilities during construction and reinstallation following construction may be necessary.
FAA Involvement
Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ? Yes ® No
Remarks
This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and
is not inconsistent with the agency's comprehensive plan for community development.
Agency
Date
By
Mayor/Chairperson
DOT Form 140-101 EF
Revised 11/10
Page 3 of 3 ? Previous Editions Obsolete
VICINITY MAP
UPPER HOH ROAD MP 3.2 to MP 6.9 EMERGENCY REPAIR
Jefferson County Public Works
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Amok Washington State
VAr Department of Transportation
Agency Jefferson County
Address 623 Sheridan Street
Port Townsend, WA 98368
Local Agency Agreement
CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Project No.
Agreement No.
For OSC 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, A-87 and A-133, (4) the policies and procedures
promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and
Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on
the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r,
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 Upper Hoh Road MP 3.2 to MP 6.9 Emergency Repair Length 3.7
Termini Milepost 3.2 to Milepost 6.9
Description of Work
Temporary Emergency Repair: Removed damaged asphalt, filled holes, and placed cold-mix asphalt at MP 3.338.
Cleaned culverts and slide debris at other sites.
Permanent Restoration: Prepare a preliminary design report to analyze options for the replacement of the culvert at
Upper Hoh milepost 3.338.
Estimate of Funding
Type of Work
Estimated Total
Project Funds (2)
,Estimated Agency
Funds (3)
Estimated
Federal Funds
PE a. A enc 51 000.00 6,885.00 44 115.00
86.5 % b. Other
c. Other
Federal Aid
Participation d. State
5,000.00
675.00
4,325.00
Ratio for PE e. Total PE Cost Estimate a+b+c+d 56 000.00 7,560.00 48 440.00
Right of Way f. Agency
.Other
h. Other
Federal Aid
Participation i. State Approved as to formonI
•
Ratio for RW '. Total R/W Cost Estimate f+ +h+i
Construction k. Contract A n,
1. Other
m. Other
Jefferson CO.
Prosecutor's c
n. Other
100 % o. Agency 8,200.00 8,200.00
Federal Aid
Participation State
Ratio for CN . Total CN Cost Estimate k+l+m+n+o+ 8 ,2010.00 8,200.00
r. Total Project Cost Estimate a+'+ 64.20t) .00 7 560.00 56 640.00
Agency Official Washington State Department of Transportation
By
Title
By
Director of Highways and Local Programs
Date Executed
DOT Form 140-039 EF
Revised 05/09
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 qas tax the Agency's share of total construction cost (line 4, column 2) in the amount of
Local Force or Local Ad and Award
at $
® Method C - Aaencv cost incurred with Dartial reimbursement
Provisions
1. Scope of Work
1. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
per month for
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 6 2003 , Resolution/Ordinance No
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 Highway 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.
II. Delegation of Authority
The State is willing 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 out 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 provided 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:
months.
n/a
In the event that right of way acquisition, or actual construction of the road,
for which preliminary engineering is undertaken is not started by the closing of
the tenth fiscal year following the fiscal year in which the agreement is
executed, 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).
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.
Vl. 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, and Office of Management and Budget
circulars A-102, A-87 and A-133. 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 the federal Office of Management
& Budget (OMB) circular A-87, 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. Project Construction Costs
Project construction financing will be accomplished by one of the three
methods as indicated in this agreement.
DOT Form 140-039 EF
Revised 05/09
-W
?a=
Method A - The Agency will place with the State, within (20) days after the
execution of the construction contract, an advance in the amount of the
Agency's share of the total construction cost based on the contract award. The
State will notify the Agency of the exact amount to be deposited with the 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 shall reimburse the Agency for the Federal share of eligible project
costs up to the amount shown on the 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 participation (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 Office of Management and Budget Circular
A-133.
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
Office of Management and Budget (OMB) Circular A-133 as well as all
applicable federal and state statutes and regulations. A subrecipient who
expends $500,000 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 OMB Circular A-133. Upon conclusion of
the A-133 audit, the Agency shall be responsible for ensuring that a copy of the
report is transmitted promptly to the State.
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 the Director of Highways and Local Programs.
DOT Form 140-039 EF
Revised 05109
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 prior 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.
XI. 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 not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any USDOT-assisted contract
and/or 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 this 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 and/or 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 paid 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 will 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 Il, subpart D of the Executive Order.
In addition, the Agency agrees that if it fails or refuses to comply with these
undertakings, the State 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.
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
fails 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 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
belief, 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 exceed $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 be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
Additional Provisions
DOT Form 140-039 EF
Revised 05/09
Jefferson County Public Works
Upper Hoh Road MP. 3.338 to MP 6.9 Emergency Repair s
Documented Cost Estimate
Date Prepared: June 7, 2011
Prepared by: Jefferson County Public Works
Temporary/
Emergency
Repair Incidental
Permanent
Restoration
Permanent
Restoration
Emergency Repairs:
Emergency Repairs, MP 3.338 to MP 6.9 $8,201.24
Preliminary Design Report for Upper Hoh Rd. MP 3.338:
Agency -- Project oversight, design review, consultant management $10,000.00
Consultant Services:
Project Management $2,440.00
Preliminary Design Report $25,632.00
Site Topographical Survey (already completed) $0.00
Review of Existing Geotechnical Data $531.00
Preliminary Hydraulic analysis and Review of Existing Data $6,144.00
PS&E -- not at this time $0.00
Preliminary Assessment of Enviromental Issues $1,694.00
Constructability Review $3,000.00
Expenses $950.00
TOTAL $8,201.24 $50,391.00
Jefferson County, WA - Upper Hoh Road (Federal-Aid Route A160)
Upper Hoh Road Sinkhole Repair, MP 3.338
Upper Hoh Road Sinkhole, MP 3.338 (caused by damaged culvert below)
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Certification Acceptance Qualification Agreement'
AGENCY Jefferson County AGENCY NO. 16
The agency agrees to comply with the following requirements when developing all Federal Highway Administration
(FHWA) projects under Full CA status.
1. , Adherence to. the Local Agency Guidelines and all policies and procedures promulgated by the Washington
State Department of Transportation (WSDOT) which accomplish the policies and objectives set forth in Title
23, U' S. Code, Highways, and the regulations issued pursuant thereto.
2. The overall approval authorities and conditions will be as follows:
f.
g-
a. The project prospectus will be reviewed and approved by the following official.
County Engineer or Designee
Position Title Only
b. The local agency agreement will be reviewed and approved by the following official or officials.
Chair, Board of County Commissioners, or Designee
Position Title Only
c. The designs and environmental documents will be reviewed and approved by the following state of
Washington registered Professional Civil Engineer.
County Engineer
Position Title Only
d. The hearing's findings (if required) will be reviewed and approved by the following official or officials.
Board of County Commissioners, or Designee
Position Title or Titles Only
e. The contract plans, specifications and estimate of cost will be reviewed and approved by the following state
of Washington registered Professional Engineer.
County Engineer
Position Title or Titles Only
Agreements will be signed by the following responsible local official.
(1) Railroad Board of County Commissioners or Designee
Position Title Only
( Utility Board of County Commissioners or Designee
Position Title Only
(3) Consultant Board of County Commissioners or Designee
Position Title Only
(4) Technical Services Board of County Commissioners or Designee
Position Title Only
The award of contract will be signed by the following responsible local official.
Board of County Commissioners or Designee
Position Title Only
h. All projects will be constructed in conformance with the Washington State Department of _
Transportation/American Public Works Association (WSDOT/APWA) current Standard Specifications for
Road, Bridge, and Municipal Construction and such specifications that modify these specifications as
appropriate. Multimodal enhancement projects shall be constructed in conformance with-applicable state
and local codes.
Local Agency Guidelines
Chapter 13
1
K
Certification Acceptance Qualirication Agreement
i. The contract administration will be supervised by the following state of Washington registered Professional
Civil Engineer.
County Engineer
Position Title Only
j. Construction administration and material sampling and. testing will be accomplished in accordance with the
WSDOT Construction Manual and the Local Agency Guidelines.
3. The agency agrees that they have the means to provide adequate expertise and will have support staff available
to perform the functions being subdelegated. The support staff may include consultant or state services.
4. The agency agrees that the signature on each project prospectus and local agency agreement will be consistent
with section 2 above.
5. All projects under Certification Acceptance shall be available for review by the FHWA and the state at any time
and all project documents shall be retained and available for inspection during the plan development and
construction stages and for a three year period following acceptance of the project by WSDOT.
6. Approval of the local agency certification by the Assistant Secretary for Highways and Local Programs may be
rescinded at any time upon local agency request or if, in the opinion of the Assistant Secretary for Highways
and Local Programs, it is necessary to do so. The rescission may be applied to all or part of the programs or
projects approved in the local agency certification.
ayr 7i?''ness
Mayor or Chairman Jefferson County Board of Commissioners
WASHINGTON STATE DEPARTMENT
OF TRANSPORTATION
Approved B,
Dir, tor, Highways an Local Programs
?• C/o. 4J
Date
Date
Local Agency Guidelines 2
Chapter 13