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HomeMy WebLinkAboutWashington State, Department of Trasportation - 042715Washi> Wdh State Departinent of Transportation Menu %,('`'�'cical Agency Agreement Supplement Agency Supplement Number Jefferson County Public Works 1 Federal Aid Project Number Agreement Number CFDA No. 20,20$ E6Z ( U C7 ( AA (—A(Catalog,of Federal Domestic Assists ce The Local Agency requests to supplement the agreement entered into and executed on All provisions in the basic agreement remain in effect except as modified by this supplement. The changes to the agreement are as follows: Project Description Name Quinault S. Shore Rd MP 1.3 Emergency Repair Length 200 Feet Termini Quinault S. Shore Rd MP 1.30 to 1.34 Description of Work S No Change Reason for Supplement Increase Contract Amount (line k) based on actual CN cost of repair. Are you claiming indirect cost rate? ❑ Yes S No Does this change require additional Right of Way or Easements? Project Agreement End Date 12/31/15 ❑ Yes S No Advertisement Date: 12/19/14 Type of Work Estimate of Funding (t) (2) (3) (4) Previous Supplement Estimated Total Estimated Agency Areement/Su Su I. pp Proect Funds Funds (5) Estimated Federal F ds PE a. Agency 0/0 b. Other c. Other Federal Aid d. State Participation Ratio for PE e. Total PE Cost Estimate (a+b+c+d) -- Right of Way f. Agency % q. Other Federal Aid h. Other Participation Ratio for RW i. State - ---- j. Total R!W Cost Estimate (f+g+h+i)' Construction k. Contract 123,000.00 40 000.00 163 000.00 0.00 163,0 0.00 I. Other 100 % m. Other _ Federal Aid n. Other Participation o. Agency 15,500.00 15,500.00 0.00 15,5P0.00 Ratio for CN , State 1,500.00 1,500.00 0.00 I,Sb0.00 . Total CN Cost Estimate k+i+m+nro 140 000.00 40 000.00 180 000.00 180 0 0.00 r. Total Project Cost Estimate a+' 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 fund ligated, i accepts and will comply with the applicable rovisions. Agency Official Washington S ate a artment of T nsp�ortation By By �- Title _ �r W/r 2� �� Director, Local Programs DOT Form 140-041 Revised 04/2015 'A Date Executed 0-11 0 12015 Page 1 Agency Supplement Number Jefferson County Public Works 1 Federal Aid Project Number Agreement Nu ber CFDA No. 20.205 r /� O /'`(Catalog of Federal Domestic Assists ce 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 foe 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 ag$ncy 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 t4 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 eligiole 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 Mafival 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. 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 011 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. 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 of 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. 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 Pago 2 Revised 04!2015 Quinault S. Shore Rd MP 1.3 Emergency Repair Documented Cost Estimate Supplement 1 Temp. Emergency Repair - Contract (line k) Contractor $ 162,510 Actual Total $ 162,510 use $ 163,000 line k Temp. Emergency Repair - Agency (line o) CE $ 10,528 Actual CE $ 4,500 Forecast Materials $ - Actual County Crew $ 519 Actual Total $ 15,547 use $ 15,500 line o Temp. Emergency Repair - State (line p) use $ 1,500 line p Total Temporary Emergency Repair $ 180,000 Permanent Restoration Phase Construction - Forecast Total $ Grand Total $ 180,000 Line q Change since last LA Agreement 1) Increased Temporary Emergency Phase line k $40,000 based on actual cost of the emergency repair. Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, P.E., Public Works Director/County Engineer/___, Agenda Date: April 27, 2015 Subject: Execution of Local Agency Agreement with WSDOT Quinault S. Shore Rd MP 1.3 Emergency Repair County Road No.911607 County Project No. X01968 Statement of Issue: Execution of the attached Project Prospectus and the Local Agency Agreement with the Washington State Department of Transportation (WSDOT) to obtain federal funding for the Quinault S. Shore Road emergency repair at milepost 1.3. Analysis/Strategic Goals/Pro's Et Con's: A series of storms during November and December 2014, resulted in high -flows in the Quinault River that partially washed-out Quinault S. Shore Rd at MP 1.3. After the Board of County Commissioners declared an emergency, Public Works took immediate action and awarded an emergency repair contract to Northwest Rock, Inc. through a competitive low -bid procurement process. The emergency repair has been completed and the road remains open to traffic. Fiscal Impact/Cost Benefit Analysis: Public Works was successful in securing emergency relief funding through Federal Highways, funding 100% of the emergency repair and permanent restoration. Funding includes $140,000 for the emergency repair. Recommendation: The Board is asked to approve and execute the three (3) originals of the Local Agency Federal Aid Prospectus and the three (3) originals of the Local Agency Agreement where indicated, and return all six (6) signed originals to Public Works for further processing. Department Contact: Matt Klontz, P. E., Project Manager, 385-9217. Reviewed By: J PhilioAorley, Coun Administrat6r I_ Date CONTRACT WITH: CONTRACT FOR: CONTRACT REVIEW FORM Washington State Department of Tr (Contractor/Consultant) Quinault S. Shore Rd MP 1.3 Emergency Repair TERM: COUNTY DEPARTMENT: Public Works For More Information Contact: Matt Klontz AFR 0 8 �015 Contact Phone #: (360) 385-9217 RETURN TO: Tina Anderson RETURN BY: `A ri124, 2015 (Person in Department) (Date) AMOUNT: $140,000.00 PROCESS: Revenue: 180-000-010 33320.22.000 Expenditure: Matching Funds Required: Sources(s) of Matching Funds 54500.48 None N/A Exempt from Bid Prot Consultant Selection I Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ X Other — Emergency Bids 42 Step 1: REVIEW BY RISK EMENT Review by: i'"� l3(!'� Philip Morley Date Reviewed: APPROVED FORM ❑ Returned for revision (See Comments) Comments S ep 2: ti 6 r6 EW BY P SEC TI ATTORNEY � t -Review b ,�en.G oUN David Ah c tiDW wed: 1 A"R6 0 FORM ❑ Returned for revision (See Comments) Com en -it's arez S ep 2: ti 6 r6 EW BY P SEC TI ATTORNEY � t -Review b ,�en.G oUN David Ah c tiDW wed: 1 A"R6 0 FORM ❑ Returned for revision (See Comments) Com en -it's arez Step 3: (If required) DEPARTMENT MAKES REVISIONS AND RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTORICONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 7copies of Contract, Review Form, and Agenda Bill to BOCC Office. Place "Sign Here' markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda. (This form is to stay with the contract throughout the contract review process and accompany the Agenda Bill.) P:VMatt KlonuTrojects;A01968 Quinault S. Shan; Rd MP 1.3 ER\l,ocal Programs\Prospectus LAA\COntract Review Form.docx 8/20/2014 Prospectus Submittal Ch Agency: Jefferson County Project Title: Quinault S. Shore Rd MP 1.3 Emergency Repair Use this sheet as a cover sheet to the project prospectus package. Place an "X" in the right column to denote included. If not applicable, state N/A. Include in the cover letter a comment explaining the action taken on each item 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 X 4. Typical Bridge Section N/A 5. Local Agency Agreement (Chapter 22) X 6. Documented Cost Estimate (Chapter 22) X 7. TIP/STIP Inclusion (MPO/County/Agency, selected/limited to S) N/A Supporting Data 8. Local Agency Design Matrix Checklist (Appendix 42.101) X 9. Photos Railroad Crossing, ER event sites, as required) X 10. Deviation Analysis Format (Appendix 41.51) N/A 11. Environmental Considerations (Chapter 24) r L a. Class II Categorically Excluded (CE) - Environmental Classification Summary (ECS) L b. Class III Environmental Assessment (EA) N/A c. Class I Environmental Impact Statement (EIS) N/A d. SEPA Checklist N/A e. NEPA/SEPA/Section 404 Interagency Working Agreement N/A f. Evolutionarily Significant Unit (ESU) Determination of Effect Concurrence N/A g. Value Engineering Study (where applicable) N/A 12. Right of Way Requirements (Chapter 25) N/A a. Relocation Plan N/A b. Approved Right of Way Plans N/A c. Right of Way Project Funding Estimate or True Cost Estimate N/A d. Request Right of Way Fund Authorization N/A 13. Right of Way Certification (Appendix 25.179) N/A 14. Agreements/Easements with Railroads, Utilities, and Other Agencies (Chapter 32) N/A 15. Design Approval (Chapter 43) L 16. Tied Bids (Chapter 44) L Remarks: Appendix 21.41 Prospectus Submittal Checklist Page I of 1 Revised 413012014 � MWashington State Department of Transportation Local Agend.V Federal Aid Project Prospectus DOT Form 140-101 ♦ Previous Editions Obsolete ♦ Page 1 Revised 04/2015 Date 4/21/2015 Prefix Route Federal Aid DUNS Number Project Number Local Agency( WSDOT \ Federal Employer Project Number `use Only/ Tax ID Number 91-60011322 Agency CA Agency Federal Program Title Jefferson County ® Yes ❑ No 0 20.205 ❑ Other Project Title Start Latitude N47-31-36.63 Start Longitude W123-45-20.33 Quinault S. Shore Rd MP 1.3 Emergency Repair End Latitude N47-31-36.73 End Longitude W123-45-17.79 Project Termini From - To Nearest City Name Project Zip Code (+ 4) Quinault S. Shore Rd Quinault S. Shore Rd Ho uiam WA 98550 Begin Mile Post End Mile Post Length of Project Award Type 1.30 1.34 0.04 Miles ® Local ❑ Local Forces ❑ State ❑ Railroad Route ID Begin Mile Point End Mile Point City Number County Number County Name 911607 1.30 1.34 N/A 16 Jefferson WSDOT Region Legislative District(s) Congressional District(s) Urban Area Number Olympic 24th 6th N/A Total Local Agency Phase Start Phase Estimated Cost Funding Federal Funds Date Nearest Hundred Dollar Nearest Hundred Dollar Nearest Hundred Dollar Month Year P.E. RNV Const. $140,000 $140,000 December 2014 Total $140 000 $140,000 Description of Existing Facility (Existin Design and Present Condition Roadway W idth Number of Lanes 30 Feet 2 Quinault South Shore Road is a Rural Major Collector (FFC 07). It consists of two 11 -foot lanes with 4 -foot gravel shoulders, providing a total existing operational width of 30 feet. The travel way section is composed of crushed surfacing. The vertical and horizontal alignment is sufficient for the posted speed of 25 MPH. Description of Proposed Work Description of Proposed Work (Attach additional sheet(s) if necessary) Emergency Repair work will include constructing 200 linear feet of riprap revetment adjacent the road to stabilize the bank and prevent further road wash-out. Permanent restoration work is likely to include habitat mitigation measures built to offset impacts due emergency bank protection. Local Agency Contact Person Title Phone MattKlontz ProectManaAer 360 385-9160 Mailing Address J City State Zip Code 623 Sheridan St Port Townsend WA 98368 By ' Project Prospectus Approval proving Authority Title Director/County Engineer Date DOT Form 140-101 ♦ Previous Editions Obsolete ♦ Page 1 Revised 04/2015 Agency Project Title Description Date Crossroad Jefferson County Quinault S. Shore Rd MP 1.3 Emergency Repair 4/21/2015 Terrain _ _ ❑ Flat ® Roll ❑ Mountain ❑ Flat ❑ Roll ❑ Mountain_ _PostedS ed Type of Proposed Work Project Type (Check all that Apply) 30 Roadway Width Number of Lanes ❑ New Construction El Path /Trail❑ ❑ Reconstruction ❑ Pedestrian / Facilities 3-R ❑ 2-R 30 Feet 2 ❑ Railroad ❑ Parking ® Other ❑ Bridge 2030_ Geometric Design Data Description Through Route Crossroad Federal Functional Classification ❑ Principal Arterial ❑ Urban ❑ Minor Arterial ® Rural ❑ Collector ❑ NHS ® Major Collector ElMinor Collector ❑ Local Access ❑ Principal Arterial ❑ Urban ❑ Minor Arterial ❑ Rural ❑ Collector ❑NHS ❑ Major Collector ❑ Minor Collector ❑ Local Access Terrain _ _ ❑ Flat ® Roll ❑ Mountain ❑ Flat ❑ Roll ❑ Mountain_ _PostedS ed 25 Design Seed_ _ _ 30 Existina ADT 1I0 Design Year ADT _ _ _ 200 Design Year 2030_ Design Hourly Volume (DHV) _ 30 Performance of Work Preliminary Engineering Will Be Performed By Others Agency N/A_0 % 0 Construction Will Be Performed By Contract Agency Contractor/Count Forces j 95 % 5 % I Environmental Classification ❑ 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 Project requires placing riprap in the active river channel to restore the roadway embankment. An ECS form will be prepared the permanent restoration work should habitat mitigation measures be deemed necessary to offset impacts to the aquatic environment. DOT Form 140-101 Revised 04/2015 ♦ Previous Editions Obsolete ♦ Page Agency Jefferson County Project Title Quinault S. Shore Rd MP 1.3 Emergency Repair Date 4/21/2015 Right of Way ® No Right of Way Needed All construction required by the contract can be accomplished Within the existing right of way. ❑ Right of Way Needed ❑ No Relocation ❑ Relocation Required Utilities Railroad ® No utility work required ❑ All utility work will be completed prior to the start of the construction contract ❑ All utility work will be completed in coordination with the construction contract ® No railroad work required ❑ All railroad work will be completed prior to the start of the construction contract ❑ All railroad work will be completed in coordination with the construction contract Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project Relocation of existing utilities is not required. 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 de v 'pm Agency ���/r✓�1� �� Date l%jzto ) �/ o By J/c�lU S'uGGI/���i /} 1t�CC �5G_n uil MayodChairperson DOT Form 140-101 EF Revised 04/2015 ♦ Previous Editions Obsolete ♦ Page 3 E 0 i Washington State vAP Department of Transportation Agency Jefferson County Public Works Address 3623 Sheridan St. Port Townsend, WA 98368 Menu Local Agency Ag CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Project No. Agreement No. The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highwa s, (2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) the policies and procedures promulgated by the Washington State Depa nt of Transportation, and (5) the federal aid project agreement entered into between the State and Federal Govemment, relative to the above prof t, 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, s jbject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility A the Local Agency. Project Description Name Quinault S. Shore Rd MP 1.3 Emergency Repair Length Termini Quinault S. Shore Rd MP 1.30 to 1.34 Description of Work Emergency repair work includes constructing 200 linear feet of riprap revetment to stabilize the bank and prevent further roadway loss. The repair also includes restoring the roadway using crushed surfacing. Project Agreement End Date: I v3 t it s Proposed Advertisement Date: 2/7 q/I4 Claiming Indirect Cost Rate ❑ Yes ®No Agency Officia4&Z By / ( /,/..1�/ Title ZA IAUpI'SU4(1'V�bM' l,!(�G%r a) Z/`, �'� 1 l,i'��J� 1.,F1�t✓l�� DOT Form 140-039 Revised 0412015 Washington State Department of Transportation 0 Director, Loral Programs Date Executed Type of Work Estimate of Funding '2)(3) Estimated Total Estimated Agency Estimated Project Funds Funds Federal Fundi i PE a. A enc % b. Other _ c. Other Federal Aid Participation d. State Ratio for PE e. Total PE Cost Estimate a+b+c+d Right of Way f. Agency q. Other h. Other Federal Aid Participation i. State Ratio for RW L Total RNV Cost Estimate f+ +h+i Construction k. Contract 123 000.00 123 00 .00 I. Other m. Other n. Other 100 % o. Agency 15,500.00 15,50 .00 Federal Aid Participation p State _ 1,500.00 1,50 .00 Ratio for CN q. Total CN Cost Estimate k+l+m+n+o+ 140 000.00 140.00 .00 r. Tota -],f ro'ect Cost Estimate a+'+ 140 000.00 14000 .00 Agency Officia4&Z By / ( /,/..1�/ Title ZA IAUpI'SU4(1'V�bM' l,!(�G%r a) Z/`, �'� 1 l,i'��J� 1.,F1�t✓l�� DOT Form 140-039 Revised 0412015 Washington State Department of Transportation 0 Director, Loral Programs Date Executed 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 cost (line 4, 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 Resolution/Ordinance No. Provisions 1. 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 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 Govemment 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 sum 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). 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. DOT Form 140-039 Page 2 Rev,sed 0412015 The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated da ages 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 shE A not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the ojea 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 Agery for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cos plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin Requirements, Cost Principles and kudit 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 reimbursem nt of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall 6 11 the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section M. 1. Project 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 in the amo nt 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 de sited 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 mfund 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 frothe 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 mon It for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expend tures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation L nless 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. i t 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 unds 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 Feder aid costs on the project. The report of said audit shall be in the Agency's tiles 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 standar Is as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consi Itant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and 2 CFR Part 200301 - 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 remill urse 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 appli able federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards from all sources during a given seal 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. 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, pr ject cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billec, 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 of 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 Pc, Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they become ineligibl for federal reimbursement. DOT Form 140-039 Revised 0412015 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: ( I ) 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 cant' 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 11, 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. DOT Form 140-039F Page 4 Revised 04/2015 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: (l) 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 th 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 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 is 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 again t 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 Thi rston 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 attm pting 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 m4 mbff of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the en Bring into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, In m, 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 influer cc 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 Congr oss 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 subawardsat all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and t t all such subrecipiencs 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. Subm cion of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person wh 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. XVII. Assurances Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and ad to the State, documenting that all programs, activities, and services will be conducted in compliance with Section 504 and the America Disabilities Act (ADA). Additional Provisions DOT Form 140-039 Revised 04/2015 Quinault S. Shore Rd MP 1.3 Emergency Repair Documented Cost Estimate Temp. Emergency Repair - Contract (line k) Contractor Actual Total $ 162,510 use $ 123,000 line k** Temp. Emergency Repair - Agency (line o) CE $ 10,528 Actual CE $ 4,500 Forecast Materials $ - Actual County Crew $ 519 Actual Total $ 15,547 Temp. Emergency Repair - State (line p) use $ 15,500 line o use $ 1,500 line p Total Temporary Emergency Repair $ 140,000 line q Permanent Restoration Phase Construction $ 50,000 Forecast Total $ 50,000 use $ 50,000 Grand Total $ 190,000 ** Actual cost exceeds authorized DDIR amount. A revised DDIR & LA -A Supplement is required. City and County Design Standards for All Routes -. N ❑ ¢ ¢ Chapter42 Page 42-8 WSDOT Local Agency Guidelines M36-63.25 Apr112014 w m 6 r Q Q 3 d N C Q Q Q r Q a N m o ❑ Q WQ W¢ ¢ N 9 x Q Q W Q Q 12 V-0 0 tea= L y tf N f0 ILL N G W 0 Q Q N N Q ¢ Q N G n E e a = u 0W 3 LL Q O ❑ Q Q �- Q 9 K 06 O O L ❑ Q Q G Q U N N D o m ❑¢a Q ¢ U N t W Wm m V a m am � L C CL Q Q J N 12 ¢ � L ❑ Q ¢ mLi; Q L 32 ❑ Q Q Q m w ❑ ¢ a Q Q fi C 0 I❑ Q Q r Q xa fi 4 O — C lr = > — N m O N E LL❑ ❑ U G IL m b z N it rr��`m`rray aEa`OL) a -. N ❑ ¢ ¢ Chapter42 Page 42-8 WSDOT Local Agency Guidelines M36-63.25 Apr112014 Local Agency Appendix 42.10? Design Matrix Checklists Design Element a d "d G Any work on Blank Cell Design g Element? If'No' move down to next Design ElementElement - — Meets Standard? If "Yes" move down to next Design _ c z Upgraded to Standard? If "Yes' move down to nest Design Elemen - c F: = Is a Deviation or Design Exception Required? If'No" Document to File a a } = HQ Local programs Deviation Approval Date Local Agency Design Exception Approval Date Roadwa s Horizontal Alignment C Yes :- No - Yes L No _' Yes G No Yes C No VerIcal Alignment -- Yes No = Yes -i No = Yes C No E Yes " No Lane Width CC Yes C No Yes C No - Yes ❑ No ; Yes _ No Shoulder Width - Yes ❑ No Yes No J Yes r No C Yes C No Lane 8 Shoulder Taper r_ Yes C No C Yes C No _ Yes '_ No - Yes 7 No Ped. Facility , Yes C No _ Y i No = Yes - No -i Yes Cross Slope Lane AE -Y es C No - Yes C No -Yes n No Cross Slope Shoulder AE - es :-: No - Yes -. No ❑ Yes C No Fill/Ditch Slopes C Yes No Yes No = Yes 17 No 7 Yes -- No Safety Improvements 2 _ Yes ❑ No Yeses No ❑ Yes Shared BikelPed 1 - Yes C No El, Yes - No :7 Yes NIA Tum Radii -.Yes D No C Yes C No Yes C No ❑ Yes ❑ No Sight Distance 7 Yes, No ❑ Yes No Yes C No ❑ Yes n No I/S Angle : Yes No ❑ Yes G No ^ Yes n No r•, Yes F No Std Run 1 —� —► Cv Yes C No .- Yes - No 7 Yes NIA Cross Roads Horizontal Alignment C Yes = No ; Yes rl No Yes C No ❑ Yes No Vertical Alignment C Yes C No - Yes C No C Yes C No C Yes .7 No Lane Width Yes C No F� Yes C No . Yes C No m Yes ❑ No Shoulder Width I Yes es! No C Yes - No .: Yes = No J Yes No RII/Ditch Slopes C Yes C No r Yes ❑ No .- Yes _ No C Yes_ No Safe Improvements �- Yes .:• No __ Yes -1No 1_ Yes LI No ❑Yes Shared Bike/Ped Facility 1 Yes J No - Yes C No C Yes NIA Bridges Lane Width:_. Yes C No Yes = No :- Yes i No - Yes :.i No Shoulder Width C Yes No -Yes F. No -: Yes ". No ❑ Yes = No Vedical Clearance AE --! —> - Yes _: No - Yes C No _ Yes = No Shudural Capaci AE —� _ Yes - No Yes C No = Yes - No Bride Rail 1 —� —>- Yes - No ^. Yes C No '_l Yes NIA Design Levels C Blank Gell D Design Level D A Design Level A AE Agency Evaluate to Design Level A (1) When provided, must meet current standards. (2) Items 1 and 2 under Safety Improvements Definitions are required and all others are AE. 211 Project Checklist Page 1 of i INSDOT local Agency Guidelines M36-63.25 Page 42.17 April 2014 Quinault S. Shore Rd MP 1.3 Emergency Relief Jefferson County Department of Public Works (12-12-14) Looking east at MP 1.3 on Quinault S. Shore Rd towards the Quinault Rain Forest National Park. Note westbound lane and bank loss from washout. (12-12-14) Looking west at MP 1.3 on Quinault S. Shore Rd towards Lake Quinault. Quinault S. Shore Rd MP 1.3 Emergency Relief Jefferson County Department of Public Works (12-12-14) Temporary traffic control measures installed and roadway reduced to a single 14' lane.