Approve Local Agency Agreements and Federal Aid Project Prospectuses with WSDOT for 2019 County Safety Program – Phase I & Phase II BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 20-062
APPROVING LOCAL AGENCY AGREEMENTS AND
FEDERAL AID PROJECT PROSPECTUSES BETWEEN
LEWIS COUNTY AND WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION (WSDOT) FOR
THE 2019 COUNTY SAFETY PROGRAM - PHASE I &
PHASE II, COUNTY ROAD PROJECTS (CRP) 2191A &
2191B
WHEREAS, pursuant to Resolution 19-339, the Board of County Commissioners (BOCC)
adopted the 2020-2025 Six Year Transportation Improvement Program; and
WHEREAS, the 2019 County Safety Program Project - Phase I & Phase II, CRP-2191A &
2191B is listed as priority number 14 using Highway Safety Improvement Program
(HSIP) federal funding ($135,000), with a 10% ($15,000) local matching requirement for
the Preliminary Engineering phase, for a project total of S150,000. This project will add
flexible guideposts and other roadside safety improvements to county roads identified
in the County Local Road Safety Plan; and
WHEREAS, the conditions of receiving Federal Highway Administration HSIP funds
require a Local Agency Agreement and Federal Aid Project Prospectus signed by the
Chair of the BOCC prior to commencing the project; and
WHEREAS, the Public Works Director and County Engineer have reviewed the Local
Agency Agreements and Federal Aid Project Prospectuses between Lewis County and
WSDOT for the 2019 County Safety Program - Phase I & Phase II, CRP-2191A & 2191B
and recommend approval by the BOCC.
NOW THEREFORE BE IT RESOLVED that the BOCC has determined that proceeding
with the 2019 County Safety Program - Phase I & Phase II, CRP-2191A & 2191B is in the
best public interest and hereby approves the Local Agency Agreements and Federal Aid
Project Prospectuses, and the Chair of the BOCC is authorized to sign the same.
DONE IN OPEN SESSION this 24th day of February, 2020.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Gary Stamper
By: Amber Smith, Gary Stamper, Chair
Deputy Prosecuting Attorney
ATTEST: Edna J . Fund
Edna J. Fund, Vice Chair
Rieva Lester Robert C . Jackson
Rieva Lester, Robert C. Jackson, Commissioner
Clerk of the Lewis County Board of County
Commissioners
1 2 3 4 5 6 7
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— Vicinity Map
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;LE)VIS COUNTY 2019 County Safety Program
Phase I, CRP-2191A
flexible guideposts
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Vicinity Map
/47---A-14-- Lewis County, Washington
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LEWIS2019 County Safety Program
Phase I, CRP-2191A
flexible guideposts
1 2 3 4 5 6 7
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1 2 3 4 5 6 7
Vicinity Map
Lewis County, Washington
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IIIMMEMONOMMit Phase I, CRP-2191A
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1 2 3 4 5 6 7
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1 2 3 4 5 6 7
Vicinity Map
7.4111 .. Lewis County, Washington
LEWIS COLS FY) 2019 County Safety Program
Phase I, CRP-2191A
flexible guideposts
1 2 3 4 5 6 7
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1 2 3 4 5 6 7
Vicinity Map
(-1-11-114aftli"/ 1 Lewis County, Washington
LEWIS COUNTY)
2019 County Safety Program
-r // Phase I, CRP-2191A
flexible guideposts
1 2 3 4 5 6 7
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Vicinity Map
isititi :t t....,
Lewis County, Washington
Levers COUNTY2019 County Safety Program
Phase I, CRP-2191A
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1 2 3 4 5 6 7
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Phase [ CRP-2191A
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Vicinity Map
fildititi- Lewis County, Washington
2019 County Safety Program
iL LENVIS COUNTY/
gligliffiffinffiel PhaseCRP-2191A
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1 2 3 4 5 6 7
Vicinity Map
Lewis County, Washington
LEWIS COUNTY 2019 County Safety Program
Phase I, CRP-2191A
flexible guideposts
1 2 3 4 5 6 7
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1 2 3 4 5 6 7
Vicinity Map
Lewis County, Washington
2019 County Safety Program
' LEWIS COUNTY'
10. ===11 Phase I, CRP-2191A
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1 2 3 4 5 6 7
Vicinity Map
Lewis County, Washington
LEti'IS(OL"NTY 2019 County Safety Program
Phase I, CRP-2191A
flexible guideposts
1 2 3 4 5 6 7
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1 2 3 4 5 6 7
7.1444) Vicinity Map
Lewis County, Washington
LEWIS COUNTY,(
2019 County Safety Program
Phase I. CRP-2191A
N....<4.1,../80.f.....7
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Vicinity Map
Lewis County, Washington
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c LEwIS COUNT;"
2019 County Safety Program
Phase II, CRP-2191 B
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Lewis County, Washington
2019 County Safety Program
LI-WIS COUNTY`!
Phase II, CRP-2191B
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Lewis County, Washington
2019 County Safety Program
Phase II, CRP-2191B
1 2 AFT // 3 4 5 6 7
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1 2 3 4 5 6 7
--� Vicinity Map
\\\ Lewis County, Washington
�LEk7SCOUNTY 2019 County Safety Program
]� t Phase II, CRP-2191B
1 2 3 4 5 6 7
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Vicinity Map
Lewis County, Washington
(ilidrikti7s*I4%)fk....\
N 2019 County Safety Program
Phase II, CRP-2191B
1 2 3 4 5 6 7
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1 2 3 4 5 6 7
— Vicinity Map
Lewis County, Washington
2019 County Safety Program
LI-WIS COUNTY)
Phase II, CRP-2191B
�" Washington State Local Agen ie ederal Aid
VI/ Department of Transportation Project Prospectus
Date 2/13/2020
Prefix Route ( )
Federal Aid DUNS Number 079272555
Project Number
Local Agency WSDOT Federal Employer
Project Number CRP 2191 A {Use Only/ Tax ID Number 91-6001351L
Agency I CA Agency Federal Program Title
Lewis County Public Works ®Yes ❑No 0 20.205 ❑ Other
Project Title Start Latitude N46 44 07.51 Start Longitude W123 13 20.18
2019 County Safety Program-Phase 1
End Latitude N46 31 54.38 End Longitude W122 30 23.20
Project Termini From-To Nearest City Name Project Zip Code(+4)
Countywide Chehalis 98532+2308 _ _
Begin Mile Post End Mile Post Length of Project Award Type
N/A N/A N/A ® Local 0 Local Forces 0 State 0 Railroad _
Route ID Begin Mile Point End Mile Point City Number County Number County Name
N/A N/A 21 Lewis
WSDOT Region Legislative District(s) Congressional District(s) Urban Area Number
Southwest Region 20 3
Total Local Agency Federal Funds Phase Start
Phase Estimated Cost Funding Date
(Nearest Hundred Dollar) (Nearest Hundred Dollar) (Nearest Hundred Dollar) Month Year
P.E. $15,000 $1,500 $13,500 March 2020 __
RNV
Const $190,000 $190,000 July 2020
Total $205,000 $1,500 $203,500
Description of Existing Facility (Existing Design and Present Condition)
Roadway Width Number of Lanes
Varies 2
Two-lane,two-way,striped lanes of varying width on Lewis County road corridors,and identified as priorities in the County's
current Local Road Safety Plan.
Description of Proposed Work
Description of Proposed Work(Attach additional sheet(s)if necessary)
Installation of flexible guideposts.
Local Agency Contact Person ' Title Phone
Tim Fife,P.E. County Engineer 360-740-2711
Mailing Address City State Zip Code
2025 NE Kresky Avenue Chehalis WA 98532
By JL� i
Project Prospectus Approval Approving Authority
Title County Engineer Date Z" 13 -
DOT Form 140-101 • Previous Editions Obsolete• Page 1
Revised 04/2015
Agency Project Title Date
Lewis County Public Works 2019 County Safety Program-Phase 1 2/13/2020
Type of Proposed Work
Project Type(Check all that Apply) Roadway Width Number of Lanes
❑ New Construction ❑ Path/Trail ❑ 3-R Varies 2
❑ Reconstruction ❑ Pedestrian/Facilities ❑ 2-R
❑ Railroad ❑ Parking El Other
❑ Bridge
Geometric Design Data
Description Through Route Crossroad
El Principal Arterial ❑ Principal Arterial
Federal ® Urban ❑ Minor Arterial ® Urban ® Minor Arterial
Functional ® Rural ❑Collector ® Rural El Collector
❑ NHS ❑ ®Major Collector CI NHS Major Collector
Classification ® Minor Collector ® Minor Collector
® Local Access ® Local Access
Terrain ❑ Flat ® Roll ❑Mountain 0 Flat ® Roll ❑Mountain
Posted Speed Varies Varies
Design Speed Varies Varies
Existing ADT Varies Varies
Design Year ADT , Varies Varies
Design Year Varies Varies
Design Hourly Volume(DHV) Varies Varies
Performance of Work
Preliminary Engineering Will Be Performed By Others Agency
Lewis County Public Works&Consultant 6.7 % 93.3 %
Construction Will Be Performed By Contract Agency
Contract 100 %
Environmental Classification •
O Class I-Environmental Impact Statement(EIS) ® Class II-Categorically Excluded(CE)
El 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 Page 2
Revised 04/2015 • Previous Editions Obsolete•
Agency Project Title Date
Lewis County Public Works 2019 County Safety Program-Phase I 2/13/2020
Right of Way
® No Right of Way Needed ❑ Right of Way Needed
All construction required by the 0 No Relocation 0 Relocation Required
contract can be accomplished
within the existing right of way.
Utilities Railroad
❑ No utility work required ® No railroad work required
® All utility work will be completed prior to the start of the ❑ All railroad work will be completed prior to the start of the
construction contract construction contract
❑All utility work will be completed in coordination with the ' 0 All railroad work will be completed in coordination with the
construction contract construction contract
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? ® Yes El No
Remarks
Work will occur within 2 miles of the Chehalis-Centralia Airport and South Lewis County Airport,but no work will
interfere with any airport operations.
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 L wis Co ty
Date 2 21f �I Z" By
C r Mayor/Chairperson
DOT Form 140-101 EF
Revised 04/2015 •Previous Editions Obsolete• Page 3
State
ion Local Agency Agreement
Agency Lewis County Public Works CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Address 2025 NE Kresky Avenue Project No.
Chehalis, WA 98532 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) 2 CFR Part 200, (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 2019 County Safety Program-Phase I Length N/A
Termini Countywide
Description of Work
Installation of flexible guideposts
Project Agreement End Date: 12;1 i/7071 Claiming Indirect Cost Rate
Proposed Advertisement Date: ❑ Yes ®No
Estimate of Fundin
Type of Work (0) (2) (3)
Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a.Agency 14,000.00 1,400.001 12,600.00
90 % b.Other Consultant 1.000.00— 100.00 900.00
c.Other
Federal Aid d.State 500.00 500.00
Participation
Ratio for PE e.Total PE Cost Estimate(a+b+c+d) 15,500.00 2,000.00 13,500.00
Right of Way f.Agency
ok
g. Other
h. Other
Federal Aid i.State
Participation
Ratio for RW j.Total RAN Cost Estimate(f+g+h+i)
Construction k.Contract
I. Other
m.Other
n. Other
ok
o.Agency
Federal Aid p. State
Participation --
Ratio for CN q.Total CN Cost Estimate(k+l+m+n+o+p)
r.Total Project Cost Estimate(e+j+q) 15,500.00 2,000.00 13,500.00
Agency O cial Washington State Department of Transportation
By By
Title Chair of the Roard of County Commissioners Director,Local Programs
I.ewis County Commissioners Date Executed
DOT Form 140-039 Page 1
Revised 04/2015
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
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 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.
Ill. 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:
I.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
Revised 04/2015
The Agency agrees that on federal aid highway construction projects,the current federal aid regulations which apply to liquidated damages
relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the
contract time.
VI. Payment and Partial Reimbursement
The total cost of the project,including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the
Federal Government. Federal funding shall be in accordance with the Federal Transportation Act,as amended, 2 CFR Part 200.The State shall not
be ultimately responsible for any of the costs of the project The Agency shall be ultimately responsible for all costs associated with the project
which are not reimbursed by the Federal Government Nothing in this agreement shall be construed as a promise by the State as to the amount or
nature of federal participation in this project.
•
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall
minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for
maintenance,general administration,supervision,and other overhead shall not be eligible for federal participation unless a current indirect cost plan
has been prepared in accordance with the regulations outlined in 2 CFR Part 200 -Uniform Admin Requirements, Cost Principles and Audit
Requirements for Federal Awards, and retained for audit.
The State will pay for State incurred costs on the project Following payment,the State shall bill the Federal Government for reimbursement of
those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project The State shall bill the
Agency for that portion of State costs which were not reimbursed by the Federal Government(see Section IX).
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 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 2 CFR Part 200.501 -
Audit Requirements.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred,the Agency shall reimburse
the State for the amount of such overpayment or excess participation(see Section IX).
VIII. Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable
federal and state statutes and regulations. A subrecipient who expends S750,000 or more in federal awards from all sources during a given fiscal
year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon
conclusion of the audit,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.
DOT Form 140-039
Revised 04/2015 Page 3
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 II,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:
(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 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 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.
t 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).
Additional Provisions
yl
DOT Form 140-039
Revised 04/2015 Page 5
VWWashington State Local Agen0federal Aid
Department of Transportation Project Prospectus
Date 2/13/2020
Prefix Route ( )
Federal Aid DUNS Number 079272555
Project Number
Local Agency WSDOT Federal Employer
Project Number CRP 2191B `UseOny) Tax ID Number 91-6001351L
Agency l CA Agency Federal Program Title
Lewis County Public Works I ®Yes ❑No ® 20.205 ❑ Other
Project Title Start Latitude N46 44 33.12 Start Longitude W123 01 37.44
2019 County Safety Program-Phase II
End Latitude N46 23 14.60 End Longitude W122 56 37.47
Project Termini From-To Nearest City Name Project Zip Code(+4)
Countywide Chehalis j 98532+2308
Begin Mile Post End Mile Post Length of Project Award Type
N/A N/A N/A ® Local 0 Local Forces 0 State 0 Railroad
Route ID Begin Mile Point End Mile Point City Number County Number County Name
N/A i N/A 21 Lewis
WSDOT Region Legislative District(s) Congressional District(s) Urban Area Number
Southwest Region 20 3
Total i Local Agency Phase Start
Phase Estimated Cost Funding Federal Funds Date
(Nearest Hundred Dollar) (Nearest Hundred Dollar) (Nearest Hundred Dollar) Month Year
P.E. $135,000 $13,500 $121,500 March 2020
RNV $1,000 $1,000
Const. $772,500 $772,500 July 2020
Total $908,500 $14.500 $894,000
Description of Existing Facility (Existing Design and Present Condition)
Roadway Width Number of Lanes
Varies 2
Two-lane,two-way,striped lanes of varying width on Lewis County road corridors,and identified as priorities in the County's
current Local Road Safety Plan.
Description of Proposed Work
Description of Proposed Work(Attach additional sheet(s)if necessary)
Upgrade signs,improve clear zone(flatten slopes,add/upgrade barriers,widen shoulders,remove/modify fixed objects,and
reduce pavement edge drop-offs)
Local Agency Contact Person Title Phone
Tim Fife,P.E. County Engineer 360-740-2711
Mailing Address City State Zip Code
2025 NE Kresky Avenue Cheh 's WA 98532
By
Project Prospectus Approval Approving Authority
Title County Engineer Date Z —63 '
DOT Form 140-101 •Previous Editions Obsolete• Page 1
Revised 04/2015
Agency Project Title Date
Lewis County Public Works 2019 County Safety Program-Phase II ' 2/13/2020
Type of Proposed Work
Project Type(Check all that Apply) Roadway Width Number of Lanes
❑ New Construction ❑ Path 1 Trail 0 3-R Varies 2
0 Reconstruction 0 Pedestrian/Facilities 0 2-R
❑ Railroad ❑ Parking ® Other
El Bridge
Geometric Design Data
Description Through Route Crossroad
❑ Principal Arterial 0 Principal Arterial
Federal ® Urban ® Minor Arterial ®Urban ® Minor Arterial
Functional ❑Collector ❑Collector
ElRural ® Rural
❑ NHS El Major Collector ❑ NHS CO Major Collector
Classification ❑ Minor Collector ® Minor Collector
® Local Access ® Local Access
Terrain 0 Flat ® Roll ❑ Mountain 0 Flat ® Roll 0 Mountain
Posted Speed Varies Varies
Design Speed Varies Varies
Existing ADT Varies Varies
Design Year ADT__ Varies Varies
Design Year Varies Varies
Design Hourly Volume(DHV) Varies Varies
Performance of Work
Preliminary Engineering Will Be Performed By Others Agency
Lewis County Public Works&Consultant 3.7 % 96.3 %
Construction Will Be Performed By Contract Agency
Contract 100
Environmental Classification
0 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 Page 2
Revised 04/2015 • Previous Editions Obsolete•
Agency Project Title Date
Lewis County Public Works 2019 County Safety Program-Phase II 2/13/2020
Right of Way
® No Right of Way Needed ❑ Right of Way Needed
*All construction required by the 0 No Relocation 0 Relocation Required
contract can be accomplished
within the existing right of way.
Utilities Railroad
0 No utility work required ® No railroad work required
® All utility work will be completed prior to the start of the ❑ All railroad work will be completed prior to the start of the
construction contract construction contract
❑All utility work will be completed in coordination with the ❑All railroad work will be completed in coordination with the
construction contract construction contract
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? ® Yes 0 No
Remarks
Work will occur within 2 miles of the Chehalis-Centralia Airport,but no work will interfere with any airport
operations.
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 Lewis Coun
Date - Igo By Mayor/Chairperson
DOT Form 140-101 EF
Revised 04/2015 •Previous Editions Obsolete♦ Page 3
� Agency Washington State Local Agreement
VI/ Department of Transportation 9
Agency Lewis County Public Works CFDA No.20.205
(Catalog or Federal Domestic Assistance)
Address
2025 NE Kresky Avenue Project No.
Chehalis,WA 98532
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)2 CFR Part 200, (4)2 CFR Part 180—certifying that the local agency is not
excluded from receiving Federal funds by a Federal suspension or debarment, (5)the policies and procedures promulgated by the
Washington State Department of Transportation,and(6)the federal aid project agreement entered into between the State and Federal
Government, relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to
proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount
shown herein on line r, column 3,without written authority by the State, subject to the approval of the Federal Highway Administration.
All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name 2019 County Safety Program-Phase II Length N/A
Termini Countywide
Description of Work
Upgrade signs, improve clear zone(flatten slopes,add/upgrade barriers,widen shoulders,remove/modify fixed objects,and reduce
pavement edge drop-offs).
Project Agreement End Date 12/31/2023 Claiming Indirect Cost Rate
Proposed Advertisement Date Yes .1 No
Estimate of Funding
(1) (2) (3)
Type of Work
Estimated Total Estimated Agency Estimated Federal
Project Funds Funds Funds
PE o a.Agency 130,000.00 13,000.00 117,000.00
90 /0 b.Other Consultant 5,000.00 500.00 4,500.00
Federal Aid c.Other
Participation d.State 500.00 500.00
Ratio for PE e.Total PE Cost Estimate(a+b+c+d) 135,500.00 14,000.00 121,500.00
Right of Way f.Agency
%g.Other
Federal Aid h.Other
Participation
Ratio for RW i.State
j.Total RIW Cost Estimate(f+g+h+i) 0.00 0.00 0.00
Construction k.Contract
% I.Other
m.Other
Federal Aid n.Other •
Participation o.Agency I j
Ratio for CN p State
a.Total CN Cost Estimate(k+l+m+n+o+p) 0.00 10.00 0.00
r.Total Project Cost Estimate(e+j+a) 135,500.00 114,000.00 121,500.00
Agency Offici Washington State Department of Transportation
By By
Title Director, Local Programs
Chair-Le County Board of County Commissioners
Date Executed
DOT Form 140-039 Page 1
Revised 03/2019
Construction Method of Financing (Check Method Selected)
State Ad and Award
Method A-Advance Payment-Agency Share of total construction cost(based on contract award)
Method B-Withhold from gas tax the Agency's share of total construction coast(line 5, column 2) in the amount of
$ at$ per month for months.
Local Force or Local Ad and Award
,/ Method C-Agency cost incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and
as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions
set forth below.Adopted by official action on
, Resolution/Ordinance No.
Provisions
I.Scope of Work
The Agency shall provide all the work, labor, materials,and services necessary to perform the project which is described and set
forth in detail in the"Project Description"and"Type of Work.'
When the State acts for and on behalf of the Agency,the State shall be deemed an agent of the Agency and shall perform the
services described and indicated in`Type of Work"on the face of this agreement, in accordance with plans and specifications as
proposed by the Agency and approved by the State and the Federal 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:
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 dose of the tenth fiscal year
following the fiscal year in which the right of way phase was authorized,the Agency will repay to the State the sum or sums of federal
funds paid to the Agency under the terms of this agreement(see Section IX).
DOT Form 140-039 Page 2
Revised 03/2019
The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this
project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways.
even though such additional work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects,the current federal aid regulations which apply to liquidated
damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete
the contract within the contract time.
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency
and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act,as amended,2 CFR Part
200.The State shall not be ultimately responsible for any of the costs of the project.The Agency shall be ultimately responsible for all
costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as
a promise by the State as to the amount or nature of federal participation in this project.
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws.The agency
shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the
Local Agency for maintenance, general administration, supervision,and other overhead shall not be eligible for federal participation
unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200-Uniform Admin
Requirements, Cost Principles and Audit Requirements for Federal Awards,and retained for audit.
The State will pay for State incurred costs on the project. Following payment,the State shall bill the Federal Government for
reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to
this project.The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government(see
Section IX).
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
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 2 CFR Part 200.501 -Audit Requirements.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall
reimburse the State for the amount of such overpayment or excess participation (see Section IX).
VIII.Single Audit Act
The Agency,as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all
applicable federal and state statutes and regulations.A subrecipient who expends$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.
DOT Form 140-039 Page 3
Revised 03/2019
IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project(e.g.,State force
work, project cancellation,overpayment,cost ineligible for federal participation, etc.)is not made to the State within 45 days after
the Agency has been billed,the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to
the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless
otherwise directed by the Director, Local Programs.
Project Agreement End Date-This date is based on your projects Period of Performance(2 CFR Part 200.309).
Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement All eligible costs incurred prior
to the Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they
become ineligible for federal reimbursement.
X.Traffic Control,Signing, Marking,and Roadway Maintenance
The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project
without 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.
Xl.Indemnity
The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense
all claims,demands,or suits,whether at law or equity brought against the Agency, State,or Federal Government,arising from the
Agency's execution, performance,or failure to perform any of the provisions of this agreement, or of any other agreement or contract
connected with this agreement,or arising by reason of the participation of the State or Federal Government in the project, PROVIDED,
nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to
persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State.
XII.Nondiscrimination Provision
No liability shall attach to the State or Federal Government except as expressly provided herein.
The Agency shall 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 II, 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.
DOT Form 140-039 Page 4
Revised 03/2019
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 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 andlor 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.
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).
Additional Provisions
DOT Form 140-039 Page 5
Revised 03/2019
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Feb. 24, 2020
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approving Local Agency Agreements and Federal Aid Project Prospectuses between Lewis County
and Washington State Department of Transportation (WSDOT) for the 2019 County Safety Program
- Phase I & Phase II, County Road Projects (CRP) 2191A & 2191B
RECEIVE])
Contact: Josh Metcalf Phone: 2762
FEB 1 70211
Department: PW - Public Works
LEWIS GOUNIY
PROSECUTING ATTOR N El"
Description:
Approving Local Agency Agreements and Federal Aid Project Prospectuses between Lewis County
and Washington State Department of Transportation (WSDOT) for the 2019 County Safety Program
- Phase I & Phase II, County Road Projects (CRP) 2191A & 2191B.
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Approved
Additional Copies: Cover Letter To:
Tim Fife - PW, Return signed originals to Mike Kroll in Public
Kim Amrine - PW, Works for submittal to WSDOT.
Rose Williams - PW