Approve Local Agency Agreement/Federal Aid Project Prospectus with WSDOT for Garrard Creek Road Bank Stabilization Project, County Road Project (CRP) 2159P BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 22-224
APPROVING A LOCAL AGENCY AGREEMENT AND
FEDERAL AID PROJECT PROSPECTUS BETWEEN
LEWIS COUNTY AND WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION (WSDOT)
FOR THE GARRARD CREEK ROAD BANK
STABILIZATION PROJECT, COUNTY ROAD
PROJECT (CRP) 2159P
WHEREAS, pursuant to Resolution 22-176, the Board of County Commissioners
(BOCC) declared a state of emergency to include the Garrard Creek Road Bank
Stabilization Project; and
WHEREAS, Public Works submitted the project for funding through the Federal
Highway Administration's (FHWA) Emergency Relief Program (ER), and was
subsequently awarded funding to complete a Temporary/Emergency Repair
($2,000 @ 100%), Incidental Repair ($86,000 @ 86.5%), and the Permanent
Restoration ($294,500 @ 86.5%). Funding consists of $331,133 of ER federal
funding, with a $51,368 local match requirement, for a project total of $382,500;
and
WHEREAS, the conditions of receiving FHWA ER funds requires a Local Agency
Agreement and Federal Aid Project Prospectus signed by the Chair of the BOCC
prior to reimbursement of the Temporary/Emergency Repair and Incidental Repair
costs, and commencing the Permanent Restoration project; and
WHEREAS, the Public Works Director and County Engineer have reviewed a Local
Agency Agreement and Federal Aid Project Prospectus between Lewis County and
WSDOT for the Garrard Creek Road Bank Stabilization Project, CRP-2159P, and
recommend approval by the BOCC.
NOW THEREFORE BE IT RESOLVED that the BOCC has determined that
proceeding with the Garrard Creek Road Bank Stabilization Project, CRP-2159P, to
be in the best public interest and hereby approves the Local Agency Agreement
and Federal Aid Project Prospectus, and the Chair of the BOCC is authorized to
sign the same.
DONE IN OPEN SESSION this 26th day of July, 2022.
Page 1 of 2 Res. 22-224
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Lindsey R. Pollock, DVM
By: Amber Smith, Lindsey R. Pollock, DVM, Chair
Deputy Prosecuting Attorney
ATTEST: ''��"TY"A' Absent
•�' bean D. Swope, Vice Chair
SICE
N
1g45 Z;
•
Rieva Lester '•:SyJ�ticro?;s F. Lee Grose
•
Rieva Lester, F. Lee Grose, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 22-224
Washington State
Department of Transportation Local Agency Agreement
Agency Lewis County Public Works CFDA No.20.205-Highway Planning and Construction
(Catalog of Federal Domestic Assistance)
Address 2025 NE Kresky Avenue
Chehalis,WA 98532 Project No.
Agreement No.
For 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 Garrard Creek Road Scour Repair Length 0.06
Termini 2.75 west of Manners Road to 2.81 west of Manners Road
Description of Work
Temporary emergency repair work to cracking and settlement. Incidental repair work by moving or removing cedar log that is
directing flow at fill slope. Preliminary Engineering for the permanent restoration.
Project Agreement End Date 9/1/2025 Claiming Indirect Cost Rate
Proposed Advertisement Date ✓ Yes No
Estimate of Funding
(1) (2) (3)
Type of Work
Estimated Total Estimated Agency Estimated Federal
Project Funds Funds Funds
PE a.Agency
° 84,000.00 11,340.00 72,660.00
86.5 �0 b.Other Consultant 10,000.00 1,350.00 8,650.00
Federal Aid c.Other
Participation d.State Services 1,000.00 135.00 865.00
Ratio for PE 95,000.00 12,825.00 82,175.00
e.Total PE Cost Estimate(a+b+c+d)
Right of Way f.Agency
g.Other
Federal Aid h.Other
Participation
Ratio for RW i.State Services
j.Total R/W Cost Estimate(f+a+h+i) 0.00 0.00 0.00
Construction k.Contract
100/86.5 % I.Other Temporary Work @ 100% 2,000.00 2,000.00
m.Other Incidental Repair @ 86.5% 60,000.00 8,100.00 51,900.00
Federal Aid n.Other
Participation o.Agency 5,000.00 675.00 4,325.00
Ratio for CN
D.State Services1,000.00 135.00 865.00
q.Total CN Cost Estimate(k+i+m+n+o+pl 68,000.00 8,910.00 59,090.00
r.Total Project Cost Estimate(e+j+a) 163,000.00 21,735.00 141,265.00
Agency Official Washington State Department of Transportation
A'Peeloy4oiol By
Title hai of the Lewis County BOCC Director, Local Programs
Agency Date ilzg/zoZZ Date Executed
DOT Form 140-039 Page 1
Revised 04/2022
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.
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:
1. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
Once written authorization is given,the Agency agrees to show continuous progress through monthly billings. Failure to show
continuous progress may result the Agency's project becoming inactive, as described in 23 CFR 630,and subject to de-obligation of
federal aid funds and/or agreement closure.
If right of way acquisition,or actual construction of the road for which preliminary engineering is undertaken is not started by the
close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized,the Agency will repay to
the State the sum or sums of federal funds paid to the Agency under the terms of this agreement(see Section IX).
If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year
following the fiscal year in which the right of way phase was authorized,the Agency will repay to the State the sum or sums of federal
DOT Form 140-039 Page 2
Revised 04/2022
funds paid to the Agency under the terms of this agreement(see Section IX).
The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this
project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways,
even though such additional work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects,the current federal aid regulations which apply to liquidated
damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete
the contract within the contract time.
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
DOT Form 140-039 Page 3
Revised 04/2022
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, 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.
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
DOT Form 140-039 Page 4
Revised 04/2022
(c)Refer the case to the Department of Justice for appropriate legal proceedings.
XIII.Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635,Subpart 127,as supplemented, relative to
the amount of Federal participation in the project cost,shall be applicable in the event the contractor fails to complete the contract within
the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in
accordance with this paragraph.
XIV.Termination for Public Convenience
The Secretary of the Washington State Department of Transportation may terminate the contract in whole,or from time to time in
part,whenever:
(1)The requisite federal funding becomes unavailable through failure of appropriation or otherwise.
(2)The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with
respect to the prosecution of war or in the interest of national defense,or an Executive Order of the President or Governor of
the State with respect to the preservation of energy resources.
(3)The contractor is prevented from proceeding with the work by reason of a preliminary,special,or permanent restraining
order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of
persons or agencies other than the contractor.
(4)The Secretary 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.
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 04/2022
Instructions
1. Agency Name and Billing Address—Enter the Agency of primary interest which will become a party to the agreement.
2. Project Number—Leave blank.This number will be assigned by WSDOT.
3. Agreement Number—Leave blank.This number will be assigned by WSDOT.
4.
a. Project Description—Enter the project name,total length of the project(in miles),and a brief description of the termini.Data
entered here must be consistent with the name, length, and termini noted in the STIP and Project Prospectus
Example:(Name)"Regal Road", (Length)"1.2 miles", (Termini)"Smith Road to Main Street"
b. Description of Work—Enter a concise statement of the major items of work to be performed.Statement must be consistent
with the description of work noted in the STIP and Project Prospectus.
Example:"Overlay Regal Road;install curb,gutter,and sidewalk;illumination;and traffic signal at the intersection of Regal
Road and Dakota Avenue."
c. Project Agreement End Date—Enter the Project Agreement End Date(mm/dd/yy).This date is based on the project's Period
of Performance(2 CFR 200.309).
For Planning Only projects—WSDOT recommends agencies estimate the end of the project's period of performance and add
three years to determine the"Project Agreement End Date".
For PE and RW—WSDOT recommends agencies estimate when the phase will be completed and add three years to
determine the"Project Agreement End Date". For Construction—WSDOT recommends agencies estimate when construction
will be completed and add three years to determine the"Project Agreement End Date".
d. Proposed Advertisement Date—At construction authorization only,enter the proposed project advertisement
date(mm/dd/yy).
e. Claiming Indirect Cost Rate—Check the Yes box if the agency will be claiming indirect costs on the project. For those
projects claiming indirect costs,supporting documentation that clearly shows the indirect cost rate being utilized must be
provided with the local agency agreement. Indirect cost rate approval by your cognizant agency or through your agency's
self-certification and supporting documentation is required to be available for review by FHWA,WSDOT and/or State Auditor.
Check the No box if the agency will not be claiming indirect costs on the project. See section 23.5 for additional guidance.
4. Type of Work and Funding(Round all dollar amounts to the nearest whole dollar)
a. PE—Lines a through d show Preliminary Engineering costs for the project by type of work(e.g.,consultant,agency, state
services,etc.).
*Federal aid participation ratio for PE—enter ratio for PE lines with amounts in column 3.
• Line a—Enter the estimated amount of agency work in columns 1 through 3.
• Line b&c—Identify user,consultant, etc., and enter the estimated amounts in columns 1 through 3.
• Line d—State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1
through 3.
• Linee—Total of lines a+b+c+d.
b. Right of Way—If a Right of Way phase is authorized on the project,the appropriate costs are shown in lines f through i.
*Federal aid participation ratio for RW—enter ratio for RW lines with amounts in column 3.
• Line f—Enter the estimated amount of agency work in columns 1 through 3.
• Line g&h—Identify user,consultant,etc.,and enter the estimated amounts in columns 1 through 3.
• Line i—State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1
through 3.
• Line j—Total of lines f+g+h+i.
c. Construction—Lines k through p show construction costs for the project by type of work(e.g.,contract,consultant,agency,
state services,etc.).
*Federal aid participation ratio for CN—enter ratio for CN lines with amounts in column 3.
DOT Form 140-039 Page 6
Revised 04/2022
• Line k—Enter the estimated cost of the contract.
• Lines I, m,&n—Enter other estimated costs such as utility and construction contracts or non-federally matched
contract costs.
• Line o—Enter estimated costs of all construction related agency work.
• Line p—State Services.Every project must have funding for state services. Enter the estimated amounts in columns 1
through 3.
• Line q—Total Construction Cost Estimate.Total of lines k+I+m+n+o+p.
d. Total Project Cost Estimate
• Line r—Total Cost Estimate of the Project.Total of lines e+j+q.
"Please remember, if the federal aid participation rate entered is not the maximum rate allowed by FHWA,then the
participation rate entered becomes the maximum rate allowed.
6. Signatures—An authorized official of the local agency signs the agreement and enters their title and date of signature(mm/dd/
yy). Note:Do NOT enter a date on the Date Executed line.
7. Method of Construction Financing—Choose the method of financing for the construction portion of the project.
a. Method"A" is used when the state administers the contract for the agency.
b. Method"B" is also used when the state administers the contract for the agency.
c. Method "C" is used with projects administered by the local agency.The agency will submit billings monthly through the
state to FHWA for all eligible costs.The billings must document the payment requests from the contractor. If state-force
work,such as audit and construction engineering,is to receive federal participation, it will be billed to the agency and FHWA
simultaneously at the indicated ratio.To show continuous progress agencies should bill monthly until agreement is closed.
8. Resolutions/Ordinances—When someone other than the County Executive/Chairman, County Commissioners/Mayor is
authorized to sign the agreement,the agency must submit to WSDOT with the agreement a copy of the Resolution/Ordinance
designating that individual.
9. Parties to the Agreement—Submit one originally signed agreement form to the Region Local Programs Engineer. It is
the responsibility of the local agency to submit an additional,originally signed agreement form if they need an executed
agreement for their files.The agreement is first executed by the agency official(s)authorized to enter into the agreement.
It is then transmitted to the state for execution by Local Programs.The agreement is dated at the time of final execution by
Local Programs.
DOT Form 140-039 Page 7
Revised 04/2022
Millk
� Washington State Local Agency Federal Aid
�I/ Department of Transportation Prospectus
Project osp
Prefix Route ( ) Date 7/13/22
Federal Aid DUNS Number 079272555
Project Number
Local Agency CRP-2159P ( wsDoT Federal Employer 91-6001351L
Project Number Use Only ) Tax ID Number
Agency CA Agency Federal Program Title
Lewis County Public Works ✓ Yes ❑No ✓ 20.205 ❑Other
Project Title Start Latitude N46.762561 Start Longitude W 123.274278
Garrard Creek Road Scour Repair End Latitude N46.762728 End Longitude W 123.276686
Project Termini From-To Nearest City Name Project Zip Code(+4)
2.75 west of Manners 2.81 west of Manners Rochester 98579-8933
Begin Mile Post End Mile Post Length of Project Award Type
2.75 2.81 0.06 ✓ Local❑Local Forces❑State❑Railroad
Route ID Begin Mile Point End Mile Point City Number County Number County Name
J212 2.75 2.81 21 Lewis
WSDOT Region Legislative District(s) Congressional District(s) Urban Area Number
Southwest Region 0 20 3 1
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. 75,000 10,125 64,875 March 2022
RNV 5,000 675 4,325 October 2022
Const. 302,500 40,568 261,933 January 2022
Total 382,500 51,368 331,133
Description of Existing Facility (Existing Design and Present Condition)
Roadway Width Number of Lanes
24' 2
Scour from the flood event on 1-5-22 undermined the slope of the road causing a slide and opening a
substantial crack, along with settlement between milepost 2.75 and 2.81.
Description of Proposed Work
Description of Proposed Work(Attach additional sheet(s)if necessary)
Temporary emergency repair work to cracking and settlement. Incidental repair work by moving or removing
cedar log that is directing flow at fill slope. Permanent restoration of the road fill slope.
Local Agency Contact Person Title Phone
Tim D. Fife County Engineer 360-740-2711
Mailing Address City State Zip Code
2025 NE Kresky Avenue hehalis WA 98532
By i)1 '"
Project Prospectus Approving Authority
Title County Engineer Date 7`i V`?'Z
DOT Form 140-101 Page 1
Revised 01/2022 Previous Editions Obsolete
Agency Project Title Date
Lewis County Public Works Garrard Creek Road Scour Repair 7/13/22
Type of Proposed Work
Project Type(Check all that Apply) Roadway Width Number of Lanes
❑ New Construction ❑Path/Trail ❑3-R 24' 2
❑ Reconstruction ❑ Pedestrian / Facilities El 2-R
❑ Railroad ❑ Parking ✓ Other
❑ Bridge
Geometric Design Data
Description Through Route Crossroad
•
❑Principal Arterial ❑ Principal Arterial
Federal ❑Urban ❑Minor Arterial ❑ Urban ❑ Minor Arterial
Functional ✓ Rural El Collector ❑ Rural ❑Collector
✓ Major Collector ❑ Major Collector
Classification ❑NHS ElMinor Collector ❑ NHS ❑Minor Collector
El Local Access ❑ Local Access
Terrain ❑ Flat ✓ Roll ❑ Mountain ❑ Flat ❑ Roll ❑ Mountain
Posted Speed 50 mph(unposted)
Design Speed 50 mph
Existing ADT 205
Design Year ADT 250
Design Year 2042
Design Hourly Volume (DHV) 38
Performance of Work
Preliminary Engineering Will Be Performed By Others Agency
Lewis County&Consultant 10 % 90
Construction Will Be Performed By Contract Agency
Construction by Contractor& CE by Lewis County and consultant 89 % 11
Environmental Classification
❑Class I - Environmental Impact Statement(EIS) ✓ Class II -Categorically Excluded (CE)
❑ Project Involves NEPA/SEPA Section 404 ✓ Projects Requiring Documentation
Interagency Agreement (Documented CE)
❑Class III - Environmental Assessment (EA)
❑ Project Involves NEPA/SEPA Section 404
Interagency Agreements
Environmental Considerations
N/A
DOT Form 140-101 Page 2
Revised 01/2022 Previous Editions Obsolete
Agency Project Title Date
Lewis County Public Works Garrard Creek Road Scour Repair 7/13/22
Right of Way
❑No Right of Way Needed Right of Way Needed
*All construction required by the ��/� No Relocation ❑Relocation Required
contract can be accomplished
within the existing right of way.
Utilities Railroad
it No utility work required ✓ No railroad work required
❑All utility work will be completed prior to the start ❑All railroad work will be completed prior to the start of
of the construction contract the construction contract
❑All utility work will be completed in coordination ❑All the railroad work will be completed in coordination
with the construction contract with the 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 ✓ No
Remarks
N/A
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 County
Date 7/26/262.z By �• �P�£'. U/!'l
Mayor/Chairperson
DOT Form 140-101 Page 3
Revised 01/2022 Previous Editions Obsolete
1 2 3 4 5 6 7
Latitude - N46.762561
.t. Longitude -W123.274278
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Vicinity Map
Lewis County, Washington
LEwiS COUNTY)..-4-_tigi 91009 - Garrard Creek Road
milepost 2.75- 2.81
� Washington State
�I/ Department of Wansportation Local Agency Agreement
Agency Lewis County Public Works CFDA No.20.205-Highway Planning and Construction
(Catalog of Federal Domestic Assistance)
Address 2025 NE Kresky Avenue Project No.
Chehalis,WA 98532
Agreement No.
For 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 Railroad Track Extension&Road Crossing Closure Length 0.436
Termini From 0.15 before Foron Road to 0.12 before Kuper Road
Description of Work
Extend Puget Sound&Pacific(PSAP)yard tracks 1 and 2 by 2,300'providing for the minimum capacity of over 6,000'of storage on
each track. Closure of Foron Road railroad crossing(092559P @ MP 3.53)with roadway cul-de-sacs or hammerheads placed on
both sides of the tracks.
Project Agreement End Date 12/31/2025 Claiming Indirect Cost Rate
Proposed Advertisement Date Yes ✓ No
Estimate of Funding
(1) (2) (3)
Type of Work
Estimated Total Estimated Agency Estimated Federal
Project Funds Funds Funds
PE a.Agency 37,457.00 5,057.00 32,400.00
86.5 %o b.Other Railroad 212,254.00 28,654.00 183,600.00
Federal Aid c.Other
Participation d.State Services 1,000.00 1,000.00
Ratio for PE 250,711.00 34,711.00 216,000.00
e.Total PE Cost Estimate(a+b+c+d)
Right of Way
f,Agency
0
g.Other
Federal Aid h.Other
Participation
Ratio for RW i.State Services
I.Total R/W Cost Estimate(f+a+h+i) 0.00 0.00 0.00
Construction k.Contract
86.5 %o I Other
m.Other
Federal Aid n.Other
Participation o Agency
Ratio for CN
p.State Services
q.Total CN Cost Estimate(k+i+m+n+o+o) 0.00 0.00 0.00
r.Total Project Cost Estimate(e+i+a) 250,711.00 34,711.00 216,000.00
Agency Official Washington State Department of Transportation
`gOV/'1 By
Title Chair of the BOCC Director, Local Programs
Agency Date 7/2,4/2ou Date Executed
DOT Form 140-039 Page 1
Revised 04/2022
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.
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:
1. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
Once written authorization is given,the Agency agrees to show continuous progress through monthly billings. Failure to show
continuous progress may result the Agency's project becoming inactive,as described in 23 CFR 630, and subject to de-obligation of
federal aid funds and/or agreement closure.
If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the
close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized,the Agency will repay to
the State the sum or sums of federal funds paid to the Agency under the terms of this agreement(see Section IX).
If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year
following the fiscal year in which the right of way phase was authorized,the Agency will repay to the State the sum or sums of federal
DOT Form 140-039 Page 2
Revised 04/2022
funds paid to the Agency under the terms of this agreement(see Section IX).
The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this
project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways,
even though such additional work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects,the current federal aid regulations which apply to liquidated
damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete
the contract within the contract time.
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
DOT Form 140-039 Page 3
Revised 04/2022
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, 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.
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
DOT Form 140-039 Page 4
Revised 04/2022
(c)Refer the case to the Department of Justice for appropriate legal proceedings.
XIII.Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635,Subpart 127, as supplemented,relative to
the amount of Federal participation in the project cost,shall be applicable in the event the contractor fails to complete the contract within
the contract time.Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in
accordance with this paragraph.
XIV.Termination for Public Convenience
The Secretary of the Washington State Department of Transportation may terminate the contract in whole,or from time to time in
part,whenever:
(1)The requisite federal funding becomes unavailable through failure of appropriation or otherwise.
(2)The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with
respect to the prosecution of war or in the interest of national defense,or an Executive Order of the President or Governor of
the State with respect to the preservation of energy resources.
(3)The contractor is prevented from proceeding with the work by reason of a preliminary,special, or permanent restraining
order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of
persons or agencies other than the contractor.
(4)The Secretary 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.
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 04/2022
Instructions
1. Agency Name and Billing Address—Enter the Agency of primary interest which will become a party to the agreement.
2. Project Number—Leave blank.This number will be assigned by WSDOT.
3. Agreement Number—Leave blank.This number will be assigned by WSDOT.
4.
a. Project Description—Enter the project name,total length of the project(in miles), and a brief description of the termini.Data
entered here must be consistent with the name, length,and termini noted in the STIP and Project Prospectus
Example:(Name)"Regal Road",(Length)"1.2 miles", (Termini)"Smith Road to Main Street'
b. Description of Work—Enter a concise statement of the major items of work to be performed.Statement must be consistent
with the description of work noted in the STIP and Project Prospectus.
Example:"Overlay Regal Road;install curb,gutter,and sidewalk;illumination;and traffic signal at the intersection of Regal
Road and Dakota Avenue."
c. Project Agreement End Date—Enter the Project Agreement End Date(mm/dd/yy).This date is based on the project's Period
of Performance(2 CFR 200.309).
For Planning Only projects—WSDOT recommends agencies estimate the end of the project's period of performance and add
three years to determine the"Project Agreement End Date".
For PE and RW—WSDOT recommends agencies estimate when the phase will be completed and add three years to
determine the"Project Agreement End Date".For Construction—WSDOT recommends agencies estimate when construction
will be completed and add three years to determine the"Project Agreement End Date".
d. Proposed Advertisement Date—At construction authorization only,enter the proposed project advertisement
date(mm/dd/yy).
e. Claiming Indirect Cost Rate—Check the Yes box if the agency will be claiming indirect costs on the project.For those
projects claiming indirect costs,supporting documentation that clearly shows the indirect cost rate being utilized must be
provided with the local agency agreement. Indirect cost rate approval by your cognizant agency or through your agency's
self-certification and supporting documentation is required to be available for review by FHWA,WSDOT and/or State Auditor.
Check the No box if the agency will not be claiming indirect costs on the project. See section 23.5 for additional guidance.
4. Type of Work and Funding(Round all dollar amounts to the nearest whole dollar)
a. PE—Lines a through d show Preliminary Engineering costs for the project by type of work(e.g.,consultant,agency,state
services,etc.).
`Federal aid participation ratio for PE—enter ratio for PE lines with amounts in column 3.
• Line a—Enter the estimated amount of agency work in columns 1 through 3.
• Line b&c—Identify user,consultant,etc., and enter the estimated amounts in columns 1 through 3.
• Line d—State Services.Every project must have funding for state services.Enter the estimated amounts in columns 1
through 3.
• Linee—Total of lines a+b+c+d.
b. Right of Way—If a Right of Way phase is authorized on the project,the appropriate costs are shown in lines f through i.
`Federal aid participation ratio for RW—enter ratio for RW lines with amounts in column 3.
• Line f—Enter the estimated amount of agency work in columns 1 through 3.
• Line g&h—Identify user,consultant, etc., and enter the estimated amounts in columns 1 through 3.
• Line i—State Services.Every project must have funding for state services.Enter the estimated amounts in columns 1
through 3.
• Line j—Total of lines f+g+h+i.
c. Construction—Lines k through p show construction costs for the project by type of work(e.g.,contract,consultant,agency,
state services,etc.).
`Federal aid participation ratio for CN—enter ratio for CN lines with amounts in column 3.
DOT Form 140-039 Page 6
Revised 04/2022
• Line k—Enter the estimated cost of the contract.
• Lines I,m,&n—Enter other estimated costs such as utility and construction contracts or non-federally matched
contract costs.
• Line o—Enter estimated costs of all construction related agency work.
• Line p—State Services.Every project must have funding for state services.Enter the estimated amounts in columns 1
through 3.
• Line q—Total Construction Cost Estimate.Total of lines k+I+m+n+o+p.
d. Total Project Cost Estimate
• Line r—Total Cost Estimate of the Project.Total of lines e+j+q.
Please remember,if the federal aid participation rate entered is not the maximum rate allowed by FHWA,then the
participation rate entered becomes the maximum rate allowed.
6. Signatures—An authorized official of the local agency signs the agreement and enters their title and date of signature(mm/dd/
yy).Note:Do NOT enter a date on the Date Executed line.
7. Method of Construction Financing—Choose the method of financing for the construction portion of the project.
a. Method"A"is used when the state administers the contract for the agency.
b. Method"B" is also used when the state administers the contract for the agency.
c. Method"C"is used with projects administered by the local agency.The agency will submit billings monthly through the
state to FHWA for all eligible costs.The billings must document the payment requests from the contractor.If state-force
work,such as audit and construction engineering,is to receive federal participation,it will be billed to the agency and FHWA
simultaneously at the indicated ratio.To show continuous progress agencies should bill monthly until agreement is closed.
8. Resolutions/Ordinances—When someone other than the County Executive/Chairman,County Commissioners/Mayor is
authorized to sign the agreement,the agency must submit to WSDOT with the agreement a copy of the Resolution/Ordinance
designating that individual.
9. Parties to the Agreement—Submit one originally signed agreement form to the Region Local Programs Engineer.It is
the responsibility of the local agency to submit an additional,originally signed agreement form if they need an executed
agreement for their files.The agreement is first executed by the agency official(s)authorized to enter into the agreement.
It is then transmitted to the state for execution by Local Programs.The agreement is dated at the time of final execution by
Local Programs.
DOT Form 140-039 Page 7
Revised 04/2022
IV/
r4ans, atn
Local Aencg y
Project Prospectus
Prefix Route ( ) Date 7/13/22
Federal Aid
Project Number DUNS Number 079272555
Local Agency CRP-2171B ( wsDoT
) Federal Employer 91-6001351E
Project Number Use Only Tax ID Number
Agency CA Agency Federal Program Title
Lewis County Public Works n Yes ❑No I✓I 20.205 ❑Other
Project Title Start Latitude N 46.749317 Start Longitude W 122.990883
RR Track Extension&Road Crossing Closure End Latitude N 46.754261 End Longitude W 122.996603
Project Termini From-To Nearest City Name Project Zip Code(+4)
0.15 before Foron Rd. 0.12 before Kuper Rd. Centralia 98531-9346
Begin Mile Post End Mile Post Length of Project Award Type
3.379 3.815 0.436 I✓I Local❑Local Forces❑State❑Railroad
Route ID Begin Mile Point End Mile Point City Number County Number County Name
Railroad 3.379 3.815 0180 21 Lewis
WSDOT Region Legislative District(s). Congressional District(s) Urban Area Number
Southwest Region 20 3 UC 15076
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. 250,711 34,711 216,000 August 2022
RNV 5,000 5,000 November 2022
Const. 2,000,000 559,000 1,441,000 January 2024
___
Total 2,255,711 598,711 1,657,000
Description of Existing Facility (Existing Design and Present Condition)
Roadway Width Number of Lanes
RR ROW between approximately 90& 100 feet 2 tracks(PSAP)
Currently yard tracks do not have sufficient capacity to hold the full length of a train on a single track causing
trains be split(doubled over)to be placed on the two shorter tracks. This blocks Reynolds Ave. &Foron Rd.
Description of Proposed Work
Description of Proposed Work(Attach additional sheet(s)if necessary)
Extend Puget Sound&Pacific(PSAP)yard tracks 1 and 2 by 2,300'providing for the minimum capacity of
over 6,000'of storage on each track. Closure of Foron Road railroad crossing (092559P @ MP 3.53)with
roadway cul-de-sacs or hammerheads placed on both sides of the tracks
Local Agency Contact Person Title Phone
Tim D. Fife County Engineer 360-740-2711
Mailing Address City State Zip Code
2025 NE Kresky Avenue Cheh • WA 98532
By ,,,
Project Prospectus roving Authority
Title County Engineer Date 7•/Y- ?-
DOT Form 140-101 Page 1
Revised 01/2022 Previous Editions Obsolete
Agency Project Title Date
Lewis County Public Works RR Track Extension&Road Crossing Closu 7/13/22
Type of Proposed Work
Project Type(Check all that Apply) Roadway Width Number of Lanes
❑New Construction ❑Path /Trail ❑3-R RR ROW 90-100' 2 tracks
❑Reconstruction ❑ Pedestrian/Facilities ❑2-R
n Railroad [(Parking ❑Other
❑Bridge
Geometric Design Data
Description Through Route Crossroad
❑Principal Arterial ❑Principal Arterial
Federal ❑ Urban ❑Minor Arterial ✓ Urban ❑Minor Arterial
El Collector ❑Collector
Functional El Rural ❑Rural
Classification El NHS ❑Major Collector ❑NHS El Major Collector
El Minor Collector ❑Minor Collector
❑Local Access ❑✓ Local Access
Terrain ❑Flat ❑Roll ❑Mountain [' Flat El Roll ❑Mountain -
Posted Speed 25
Design Speed 25
Existing ADT 667
Design Year ADT 814
Design Year 2042
Design Hourly Volume (DHV) 122
Performance of Work
Preliminary Engineering Will Be Performed By Others Agency
Railroad&Lewis County 85 % 15
Construction Will Be Performed By Contract Agency
Railroad&Lewis County 95 % 5
Environmental Classification
❑Class I -Environmental Impact Statement(EIS) n Class II -Categorically Excluded (CE)
❑Project Involves NEPA/SEPA Section 404 III Projects Requiring Documentation
Interagency Agreement (Documented CE)
❑Class III - Environmental Assessment (EA)
❑Project Involves NEPA/SEPA Section 404
Interagency Agreements
Environmental Considerations
N/A
DOT Form 140-101 Page 2
Revised 01/2022 Previous Editions Obsolete
Agency Project Title Date
Lewis County Public Works RR Track Extension&Road Crossing Closu 7/13/22
Right of Way
❑No Right of Way Needed ✓ Right of Way Needed
*All construction required by the ✓ No Relocation ❑Relocation Required
contract can be accomplished
within the existing right of way.
Utilities Railroad
n No utility work required ❑No railroad work required
❑All utility work will be completed prior to the start ❑All railroad work will be completed prior to the start of
of the construction contract the construction contract
DAD utility work will be completed in coordination ✓ All the railroad work will be completed in coordination
with the construction contract with the construction contract
Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project
Right of way may be needed to construct the roadway cul-de-sacs or hammerheads on both sides of the tracks
where the crossing for Foron Road will be removed.
FAA Involvement
Is any airport located within 3.2 kilometers (2 miles)of the proposed project?❑Yes ✓ No
Remarks
N/A
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 County
Date 7lz/z02 z By
Mayor/Chairperson
DOT Form 140-101 Page 3
Revised 01/2022 Previous Editions Obsolete
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Vicinity Map
Foron Road
Railroad Track Extension & Road Closure
Lic.,::.)
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BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: July 26, 2022
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approving a Local Agency Agreement and Federal Aid Project Prospectus between Lewis County
and Washington State Department of Transportation (WSDOT) for the Garrard Creek Road Bank
Stabilization Project, County Road Project (CRP) 2159P
Contact: Josh Metcalf Phone: 2762
Department: PW - Public Works
Description:
Approval of a resolution authorizing the Chair of the Board of County Commissioners (BOCC) to
sign a Local Agency Agreement and Federal Aid Project Prospectus with WSDOT for the Garrard
Creek Road Bank Stabilization Project, County Road Project (CRP) 2159P.
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Pending
Additional Copies: Cover Letter To:
Tim Fife - PW Please return two signed originals of each
Geoff Soderquist - PW document to Mike Kroll in the Public Works
Mike Kroll - PW Department.
Robin Saline - PW