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Home My WebLink About006 02 ;) , 6--Li 3:- p. Á,' . è.. ê.S. 4Uß4. ?I.~'l!~ .J STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of: Creating a County project designated as CR1559. x x x RESOLUTION NO. 06-02 IT IS HEREBY RESOLVED that Center Road, County Road No. 931507, from M.P. 6.86 to M.P. 8.58, be improved as follows: Repair pavement structural deficiencies and overlay entire roadway section with asphalt concrete pavement. Pave approaches and intersections. Provide minor safety improvements within the clearzone. IT IS FURTHER RESOLVED that an appropriation from the officially adopted road fund budget and based on the County Engineer's estimate is hereby made in the amounts and for the purpose shown: PURPOSE PREVIOUS APPROPRIATION PRESENT APPROPRIATION Engineering $ 0 $ 17,000 (CAPP and STPR) Right of Way $ 0 $ 0 Sub-Total $ 0 $ 17,000 Construction: $ 0 $ 298,000 (CAPP and STPR) TOTAL $ 0 $ 315,000 X This project is included in the officially adopted annual road program as Item No. 07 The project is hereby made a part of the officially adopted annual road program in accordance with R.C.W. 36.81.130. IT IS FURTHER RESOLVED that: X The construction is to be accomplished by contract in accordance with R.C.W. 36.77.020 et. seq. The construction is to be accomplished by County forces in accordance with R.C.W. 36.77.065 and W.A.c. 136.18. Iy~ ~ PASSED AND ADOPTED TIDS ( DAYOFd~~,~ /.,~, JEFFERSON COUNTY BOARD OF COMMISSIONERS . . 1 ., ,¿)Æ Jj!jI . ; \ .' .-.\:.:. , .. (e :, SEAL: \ . t. ' . ' ,...J ',---" . ' ., \' ATTEST: " .... ....... '~" -..... Appendix 21.41 Prospectus Submittal Checklist Local Agency: JEFFERSON COUNTY --~--_._-_._-~----_._- Project Identification: Center Road Overlay, CR1559 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" ifthe information wiII be supplied at a future date. Application: 1. Project Prospectus (Chapter 21.1) .............................................................................................................................................................. X 2. Vicini ty Map ................................................................................................................................................................................................................ X 3. Typical Roadway Section X 4. Typical Bridge Section NA 5. Local Agency Agreement (Chapter 22) X , 6. TIP/STIP Inclusion (MPO/County/Agency, selected/limited to $) X Supporting Data: 7. Safety Checklist-A Supplement to the Project Prospectus for 2-R and 3-R Projects (Appendix 41.71) X 8. Photos (Railroad Crossing, ER Event Sites, as required) NA 9. Deviation Request and Deviation Analysis Form to Justify Request (reference Appendix 41.72) NA 10. Environmental Considerations (Chapter 24) X a. Class II CategoricaIIy Excluded (CE) - Environmental Classification Summary (ECS) X b. Class III Environmental Assessment (EA) NA c. Class I Environmental Impact Statement (ElS) NA d. SEP A Checklist NA e. NEP A/SEP A/Section 404 Interagency Working Agreement NA f. Evolutionarily Significant Unit (ESU) Determination of Effect Concurrence NA 11. Hearing Notices (Chapter 43) NA a. Transcript of Hearing NA 12. Location and Design Approval (Chapter 43) X 13. Right-of-Way Requirements (Chapter 25) NA a. Relocation Plan NA b. Right-of- Way Plans NA c. Right-of-Way Project Funding Estimate or True Cost Estimate NA d. Request Right-of-Way Fund Authorization NA 14. Right-of-Way Certification (Chapter 25) NA 15. Agreements/Easements with Railroads, Utilities, and Other Agencies (Chapter 32) NA 16. FAA Notiíìcation (FAA Form 7460-1) (Chapter 24) NA 17. Tied Bids (Chapter 44) NA Remarks: "'~~-_._. ---_.~-_._,_..._--- ---------- -_._-_.._---_._-_.._,-~- ._------------_._-'----------~--_._---~~_.._------~.~- ----- -------. -----~--_._.._.__._----_._---------.__.._~..._----~._.-_._--------"-------"--_.,._.._--------,_._-----~-_.,-_...._---------,-~_.~-_._-_._~-------_._...._-_. --- -- ~--------- -- --- ----~ ------ ------------~---------- ~. Wi Washington State Department of Transportation Local Agency Federal Aid Project Prospectus PrefiX--- --------rRoute·---r(-- --)1 Federal Aid Project Number Local Agency Project Number STPR CR1559 Q161 Date ( WSDOT ) Use Only 1 Federal Program Title ! ~ 20,205 0 20,209 0 Other I 12/12/2001 91-6001322 Agency JEFFERSON COUNTY Project Title ---- - CENTER ROAD OVERLAY - PHASE 1 --- --~-~-_._.- i City Number ¡ ----no I Project Termini From From: MP 6.86 To: MP 8.58 ! Length of Project i 1.72 MILES Federal Agency IZl FHWA 0 Others -Congressional District 2 i Legislative Districts ! 24 o State 0 Railroad I WSDOT Region IOLY I \ TMA I MPO I RTPO Const. Total Estimated Cost (Nearest HundredDoHar) $17,000 I $0 i - I $298,000 : I $315,000 $121,000 $138,000 $177,000 $177,000 07 02 Phase P.E. RfW Total Descri ption of Existi n9.. Facility(Existing.ÐesignandPreSentCondition) Roadway Width I Number of Lanes 38 FEET I 2 Roadway consists of 2, II-foot lanes with 8- foot paved shoulders. Horizontal and vertical alignment are adequate for design speed. Roadway structure consists of asphalt concrete pavement with BST overlays. Pavement structure is failing and requires an asphalt concrete overlay. This section of roadway shows more structural distress than the adjacent sections. I' Roadway Width I Number 0 Lanes o New Construction 0 3-R ¡g 2-R 38 feet , 2 Project consists of overexcavating and repairing severely distressed pavement areas and overlaying entire 38-foot roadway section with approximately 0.20' of asphalt concrete pavement. Crossroads and approaches will be paved to the right of way limits. Minor safety upgrades may be considered in the clear zone. This is one phase of an ongoing multi-phase project, which consists of overlaying all of Center Road with asphalt concrete pavement. ----_.__.._------~--~- Local Agency Contact Person 1 Title MONTE REINDERS ENGINEER III ~!aðnß~~2s07~=_==~____J Cpt6RT TOWNSEND By ~ ::2~¡fA;;.M' Title COUNTY ENGINEER Date I stat A 1 Phone I (360) 385-9242 i Zip Code I 98368 Design Approval (CA Agencies Only) ---..--.--- /"- DOT Form 140-101 EF Revised 4/2000 Page 1 of 3 Agency JEFFERSON COUNTY Project Title CENTER ROAD OVERLAY - PHASE 1 Date 12/12/2001 Geometric Design Data " '. , .. Description ! Through Route ! Crossroad -~"- o PnnclparArtenal o Principal Artenal ! I Federal o Minor Arterial ! o Minor Arterial DUrban I DUrban 1 o Collector 1 o Collector I I Functional I I , I Classification I 181 Major Collector ¡----- 0 Major Collector I i:8J Rural o Minor Collector I o Rural o Minor Collector I o Access Street/Road o Access Street/Road Terrain o FíafŒiRolI 0 Mountam I o I-Iat o KolI 0 Mountam Posted Speed ---¡-SO mph I Design Speed I 50 mph Existing ADT 2~7 Design Year ADT 6TóS- - Design Year ! 2022 Design Hourly Volume (DHV) 940 Accident - 3 Year Experience Property Damage Accidents Year -[99"9 0- -2mn Construction Will Be Performed By CONTRACTOR Environmental Classification D Final ~ Preliminary o Class I - Environmental Impact Statement (EIS) o Project Involves NEPAlSEPA Section 404 Interagency Agreement o Class 111- Environmental Assessment (EA) o Project Involves NEPAlSEPA Section 404 Interagency Agreement 181 Class II - Categorically Excluded (CE) o Projects Requiring Documentation (Documented CE) Environmental Considerations SEE ATTACHED ECS FORM DOT Form 140-101 EF Revised 4/2000 Page 2 of 3 Agency JEFFERSON COUNTY Project Title CENTER ROAD OVERLAY - PHASE 1 Date 12/12/2001 Right of Way IZJ No Right of Way Required * All construction required by the contract can be accomplished within the existing right of way. o Right of Way Required o No Relocation o Relocation Required i Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project N/A FAA Involvement Is any airport located within 3.2 kilometers (2 miles) of the proposed project? DYes IZJ 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 .:;;[~ 1) d-Oc>';-. By --,Æ- OF COMMISSIONERS ---------- DOT Form 140-101 EF Revised 4/2000 Page 3 of 3 '.0 ~ R Z w BAY AocJt.s ... . G.;¡IVC5 ¥ , MOCk.S 'J ( I \ T ." :;¡ -< C> o z ñ ." '" ~ C> .., Õ z I z o ::: :I: :> ~ '" ñ :> z o ?:: c ;: C ! T -- 1,_"...... :27- - -,;S:.::, N /--) :o'i .' I ......... / I( ~ -1-::;::' iT 27 N ? ~ 0. '" -< ~ ro ~ :I: ~ ~ ". 0. 3 3' ~ g' i IT 126 IN i i JEFFERSON COUNTY \ " \ I , / / SCALE 0 3 MILES ~.- . I E Field inventory completed Marco 1970 0 I~ Ùl Ul-- I--Ul -<- :2GS Ula '---- I-- zL5z z -Ct:-< w I-<I :2 I-- I-- W o...°Ul > N -<W wWUl O::w o...u ~...J ,-< s~a 1--lL. <¿]Ct: Ct:-'Z x~ WW WUl >WW OIm ...J3...J Ul -<Z...J I--O~ Z 0 2ZUl :5ui z ÏXJ o...Z Ul- 0 Ul~ I --- ü¡::: oCt: I-- ~Ui Ct:0 0... UI W I >Z ° -<-< 01-- I-- 0...Ct: wO 0... I 0.: W I") I-- ~m :2 ° Ulr 01-- ZZ W' Zz I 0 0.: ~I -<W ~W U W I-- :2 1--:2 -<3 0... a 0 zW I-- W W:i( I--W 0 U ~ I-- ° Z ~o... om 0.: x W W z ::2 S2Ct: Ul -< 0 UlW :2 x ::2 -<I-- W Z -'0 -ii 0 0 Ct:z > -<lL. U Ct: a ü- -< 0 tj:;; 0... 0 0... a wUl a 0... N wo... a w-' ~W -< -' Ul« a ¡;:I-- I- ° Ct:o...ui ° 0 I-- ~0Ct: 00 UlW Ct:~ () + IO Ul...JW 0...0... CXJ I-- UlO Ul W N OZ ?;:UlS r-. ~º Ü Ü W W 3UlO Ct: (/) -' ~ I-- OOI Z Z :;; -< wU -<Ct:Ul :::; U -,W Ct: W ~ Ul Ul mUl OU -< > -<Ct: Ct: 0 W W I ~ 0 0 - W z 2:- ¿ I-- I-- Ct:1-- o .-< 0... I-- :;;~ ZZ W I-- a -OUl -< -< 0 I--¡:::w ~ 0 a Ct:0 <¿]UZ Ul Ul Z to oz GS~:5 Ul Ul '¢ lL.-< :5 :5 W 0 + Ul , If) U U Ct: , . « '¢ I-- I-- ~ , If) Z Z 0 0 <C W W U 0 :2 ::2 Z a::: I-- W w 0... ¡::: Ul ~ ~ 0 Ul I-- X ?;: 0... 0... 0 W 30 W W Z I-- I-- U Ul °z W W W -<- Z Ct: D::: -< ii 01-- 3 U U lL. Ct:<¿] 0 Ct: :;; Z Z ~ x I 0 0 Ul Uiw Ul U U 6:!<i!z 0 Ul I-- I-- W :;;~:5 -<a:: -' -' -< -< I 00... WW I I Ul mW 0... 0... ~ ';2:-<0 Z Ul Ul Ct: ÏXJ WI--I-- -'Ü -< -< U :2UCt: :=!Z G I ui WWw 3W GG >-'lL. UlW b::~L5 -<lL.w 0...~Ct: II W Ct: 1--1-- °N-< 01-- º>- 5°8 Z 0 . 3m e;z~ Ct:0 Ct:0~ _ 0 xo- WW ww~ w03 O~ N >wCt: to -1-< O~I (/) lL.UlI-- ~I- -,W-' UJ azti aU) -< W Iº:2 IUl I-?;:'I! I- I--I-W Ul-< ~ 2:23 0 ou> jCt: -w-< 0 Z 3(f)0... -<0 I~ ul-- I--Ul -<- ::2GS ~ Wi .Washington State Department of Transportation Local Agency Agreement Agency Address Jefferson County (Public Works) CFDA No. 20.205 (Catalog of Federal Domestic Assistance) ----_._.._._~...._--_.._._.~-~_.._------~.~-'-'_._.._.----- P.O. Box 2070 Project No. ~-~- --~-~--. ----_.._---_.._--------~------ Port Townsend, W A 98368 --,----------_._-~~------ Agreement No. For OSC WSDOT Use Only _.__.._,..__._~_._._------~._.._---~-~_._--~.._-'----- The Local Agency having complied, or hereby agreeing to comply, with the tern1S and conditions set forth in (I) Title 23, U.S, Code Highways, (2) the regulations issued pursuant thereto, (3) Office of ManagemerJt and Budget Circulars A-I02, 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 Center Road Overlay - Phase I ---------- Length 1.72 miles Termini SR-l04 to 1.72 miles south ofSR-l04 (MP 6.86 to MP 8.58) Description of Work Remove pavement structural deficiencies and overlay entire 38-foot roadway section with approximately 0.20' of asphalt concrete pavement. ¡. Estimate of Funding Type of Work (1 ) I (2) I (3) -.- I Estimated Total Estimated Agency I Estimated I Project Funds Funds I Federal Funds PE a. Agency I 16,500.00 I 2,227.00 I 14,273.00 86.5 % I \- , -- b. Other I 1- -- ----,---- c. Other r- I Federal Aid 5~~ 433.(10 Participation d. State 67.001 Ratio for PE e. Total PE Cost Estimate (a+b+c+d) ì 17,000.00 2,294,00 I 14,706,00 Right of Way f. Agency I I ¡ L-- % _lI.:..Other I I ì ----- I h. Other I -f I Federal Aid í. State I Participation Ratio for RW j. Total R/W Cost Estimate (f+g+h+i) ! I I I Construction k. Contract =1 I I I. Other m. Other ~ I I I n. Other =J- I % --------- "--~ I Federal Aid o. Agency t p. State I Participation , i , I Ratio for CN q. Total CN Cost Estimate (k+l+m+n+o+p) I I I ! r. Total Project Cost Estimate (e+j+q) i 17,000.00 I 2,294.00 I 14,706.00 Agency Official Washington State Department of Transportation By t0~~)Tûj£j~Ssiïnt&y _______ Titie_~_'- ._ _ '.' ._ _______ _ _ ",,¡,tao' S.",.ta" foe Highway, aod Local Peog"m, ,u~~-I--dJ[lJL-u----------- ---- Date Executed ___._____.__.~__________ DOT Form 140-039 EF Revised 2/01 Construction Method of Financing (Check Method Selected) State Ad and Award o Method A - Advance Payment - Agency Share of total construction cost (based on contract award) o Method B - Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of $ at $ per month for months. ----.---------.---- -~.._------- --.-------.--.-- Local Force 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 --~._--_.~-~---- -----~-,- 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 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 lùll 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 tùrther 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 qualitied 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 confOlmance 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 trom the tinal payment of any lèderal aid tùnds 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 classilication of work on this project until authorized in writing by the State for each classification, The classitications of work for projects are: DOT Form 140-039 EF Revised 2/01 , Resolution/Ordinance No. I, Preliminary engineering. 2. Right of way acquisition. 3, Project construction. 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 tiscal year following the tiscal 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 tinanced without fèderal aid participation. The Agency agrees that on federal aid highway construction projects, the current fèderal aid regulations which apply to liquidated damages relative to the basis of tèderal 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 Transportation Equity Act for the 21 st Century (TEA 21), as amended, and Office of Management and Budget circulars A-I02, 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. 1. Preliminary Engineering, Right of Way Acquisition, and Audit Costs The Agency will pay for Agency incurred costs on the project. Following such payments, vouchers shall be submitted to the State in the format prescribed by the State, in duplicate, not more than once per month. The State will reimburse the Agency up to the amount shown on the face of this agreement 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 an indirect cost plan nas been approved by WSDOT. 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). 2. Project Construction Costs Project construction financing wil1 be accomplished by one of the three methods as indicated in this agreement. 2 Method A - The Agency wil1 place with the State, within (20) days atìer (he 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 wil1 pay al1 costs incurred under the contract upon presentation of progress billings from the contractor, Fol1owing such payments, the State wil1 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 con1ìrmed by letter from the State at the time of contract award, Upon receipt of progress billings from the contractor, the State wil1 submit such billings to the Federal Government for payment of its participating portion of such bil1ings. 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 al10cable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shal1 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 proj ect. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bi11 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 mes 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 Comptrol1er General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHW A; 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 shal1 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 wel1 as all applicable federal and state statutes and regulations. A subrecipient who expends $300,000 or more in federal awards trom al1 sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions ofOMB Circular A-133. Upon conclusion of the A-l33 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 trom the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed the Assistant Secretary for Highways and Local Programs. DOT Form 140-039 EF Revised 2/01 X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency wil1 not permit any changes to be made in the provisions for parking regulations and tramc control on this project without prior approval of the State and Federal Highway Administration, The Agency wIll not mstall or permit to be instal1ed 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 shal1 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. No liability shal1 attach to the State or Federal Government except as expressly provided herein. XII. Nondiscrimination Provision 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 US DOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and tàilure 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 wi11 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 (FHW A 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it wi11 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 wi11 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. 3 [n 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, tenninate, or suspend this agreement in whole or in part; (b) Refrain trom 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 trom 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 630, Subpart 305, 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 offederal participation in accordance with this paragraph, XIV. Termination for Public Convenience The Secretary or the Washington State Department of Transportation may terminate the contract in whole, or trom time to time in part, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented trom 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 detennines 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 tòr 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 int1uencing or attempting to intluence an officer or employee of any federal agency, a member of Congress, an ofticer or employee of Congress, or an emptoyee 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 int1uencing or attempting to int1uence an officer or employee of any federal agency, a member of Congress, an ofticer 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 Fonn - LLL, "Disc1osure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be inc1uded in the award documents for all subawards at all tiers (inc1uding subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disc10se 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 tòr each such failure. Additional Provisions DOT Form 140-039 EF Revised 2101 4