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Contract - 02-07-2017 - 8543 - Local Agency Agreement Supplement No. 1 and Federal Aid Project Prospectus - Kalama River Road Guardrail Rural Project No. 5306.AS -8534 BOCC Agenda Meeting Date: 02/07/2017 1. LOCAL AGENCY AGREEMENT SUPPLEMENT NO. 1 AND FEDERAL AID PROJECT PROSPECTUS - Kalama River Road Guardrail Repair Project No. 5306; ERP No, 749 Submitted For: Brad Bastin, Public Works Submitted By: Carol Sides, Public Works Department: Public Works Information Subject and Summary Statement Heavy rains in December 2015 caused landslides and debris flows which resulted in road damage. Several locations on Kalama River Road were damaged by the debris flows and landslides, and from water overtopping the roadway. Temporary Restoration work consisted of County forces shoring up the roadway and rebuilding the roadway embankments during the emergency. Permanent work consisting of replacing damaged guardrail and installing shoulder rock will need to be repaired by contract. All of this work is eligible for reimbursement through the Federal Highways Administration Emergency Relief (ER) program. The attached Local Agency Agreement Supplement #1 serves as the document necessary to obligate ER funds for the construction phase. The total cost of the project is estimated to be $57,725. The ER program will reimburse the County for 100% of the emergency repairs and 86.5% for all other eligible costs with the total reimbursement equaling approximately $51,431. Will Staff Attend Y / N Yes Department Recommendation It is the recommendation of the Department of Public Works that the Board move to approve the Local Agency Agreement Supplement No. 1 and Federal Aid Project Prospectus for the Kalama River Road Guardrail Project, and authorize the documents to be executed. Attachments LAA Supplement 1 and Federal Aid Prospectus LAA and Federal Aid Prospectus Vicinity Map Final Approval Date: 02/01/2017 Form Review Inbox Reviewed By Date Chris Andrews Chris Andrews 01/25/2017 04:50 PM Susan Eugenis Susan Eugenis 01/25/2017 04:55 PM Brad Bastin Carol Sides 01/26/2017 09:58 AM Chris Andrews Chris Andrews 01/30/2017 11:24 AM Susan Eugenis Susan Eugenis 01/30/2017 05:14 PM Brad Bastin Brad Bastin 02/01/2017 02:35 PM Clerk of the Board Tiffany Ostreim 02/01/2017 04:45 PM Form Started By: Carol Sides Started On: 01/2512017 07:50 AM Final Approval Date: 02/01/2017 Washington Stage Department of TlranspotrtaMon Agency Local Agency Agreement Supplement Number Cowlitz County Department of Public Works 1 Federal Aid Project Number JAgreement Number CFDA No. 20.205 ER- 1602(025) LA 8958 (Catalog of Federal Domestic Assistance) The Local Agency requests to supplement the agreement entered into and executed on September 6, 2016 All provisions in the basic agreement remain in effect except as modified by this supplement. The change to the agreement are as follows: Project Description Name Kalama River Road Guardrail Repair Length —0.1 miles Termini Three locations between Milepost 1.38 and 5.56 Description of Work No Change Reason for Supplement To obligate construction funding Are you claiming indirect cost rate? Yes No Project Agreement End Date 12/31/2018 Does this change require additional Right of Way or Easements? n Yes No Advertisement Date: 3/7/17 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. t Approved this stay of Ft BOARD OF COUNTY COMM OF COWLITZ COUNTY, WA 13y: Chairman of the BoE Attest: 7 G+ -•, 10, k of fiW Board OWI -ITS 'per COUNTY S H(N TOO Washington S e artment of Tr sportation J Director, Loc l Programs Y ate Executed FEB 2 4 2017 Page 1 Estimate of Funding 1) 2) 3) 4) Type of Work 5) Previous Supplement Estimated Total Estimated Agency Estimated Federal Agreement/Suppl, Project Funds Funds Funds PE 4a ncX86.5 % 3,000.00 3,000.00 405.00 2,595.00 0.00b. Other Federal Aid c Other 0.00 Participation Ratio for PE d. State 525.00 525.00 71.00 454.00 e. Total PE Cost Estimate fa+b+c+d) 3,525.00 0.00 3,525.00 476.00 3,049.00 Right of Way 0.00 g. Other 0.00 Federal Aid Other 0.00 Participation Ratio for RW i. State 0.00 0.00 0.00 0.00 0.00 0.00J. Total R/IN Cosl Estimate 04 +h k. Contract 37,500.00 37,500.00 5,062.00 32,438.00 go6nstructio ° Other Temp Restoration at 100% 11,100.00 11,100.00 0.00 11,100.00 m. Other 0.00 Federal Aid Other 0.00 Participation Ratio for CN 5,000.00 5,000.00 675.00 4,325.00 P. State 600.00 600.00 81.00 519.00 Total C.N Cost Estimate k+)+ +n 11,100.00 43,100.00 54,200.00 5,818.00 48,382.00 r,.TQtaJ Projec- Lcost.Estimate-feti+q 14,625.00 43,100.00 57,725.00 6,294.00 51,431.00 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. t Approved this stay of Ft BOARD OF COUNTY COMM OF COWLITZ COUNTY, WA 13y: Chairman of the BoE Attest: 7 G+ -•, 10, k of fiW Board OWI -ITS 'per COUNTY S H(N TOO Washington S e artment of Tr sportation J Director, Loc l Programs Y ate Executed FEB 2 4 2017 Page 1 Agency Supplement Number Cowlitz County Department of Public Works 1 Federal Aid Project Number Agreement Number CFDA No. 20.205 ER- 1602(025) LA 8958 Catalog of Federal Domestic Assistance) 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). 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. 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 90 days after the Project Agreement End Date or they become ineligible for federal reimbursement. Vill. 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. XVII. Assurances Local Agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA). DOT Form 140 -041 Page 2 Revised 05/2015 VrWa ington State Af Department of Transportation Local Agent qTederal Aid Project Prospectus DOT Form 140 -101 Previous Editions Obsolete Page 1 Revised 04/2015 Date 1/26/2017 Prefix Route DUNS Number 081976292FederalAid Promect Number ER 1602(025) Local Agency 5306 WSDOT Use Only) Federal Employer Tax ID Number 91- 6001310Pro'ect Number Agency CA Agency Federal Program Title Cowlitz County Dept.of Public Works N Yes No N 20.205 Other Project Title Start Latitude N46.04824 Start Longitude W122.83451 Kalama River Road Guardrail Repair End Latitude N46.03923 End Longitude W122.76848 Project Termini From - To Nearest City Name Project Zip Code (+ 4) N/A N/A Kalama 98625 -9449 Begin Mile Post End Mile Post Length of Project Award Type 1.38 5.56 Varies N Local Local Forces State Railroad Route ID Begin Mile Point End Mile Point N/A ber County Number County Name 08 Cowlitz WSDOT Region Legislative District(s) Congressional District(s) Urban Area Number Southwest Re ion 20 3 N/A 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. 3,525 476 3,049 12/2015 R/W 0 0 0 Const. 54,200 5 818 48,382 12/2015 Total 57,725 1 6,294 51,431 Description of Existing Facile (Existing Design and Present Condition Roadway Width Number of Lanes 24 2 Kalama River Road is a two lane rural major collector with two I P wide paved lanes and two 1' wide gravel shoulders on each side. The roadway was damaged during the storm event in December 2015 resulting in the shoulders and guardrail being damaged. Description of Proposed Work Description of Proposed Work (Attach additional sheet(s) if necessary) Emergency work consisted of rebuilding the embankments to prevent further damage to the roadway. Permanent repairs include replacement of the damaged guardrail, guardrail terminals and anchors with new guardrail, guardrail terminals and anchors and replacing eroded shoulder rock. Local Agency Contact Person Title Phone Chris Andrews PE Project Mana er 577 -3030 Mailing Address City State Zip Code 1600 - 13th Avenue South Kelso WA 98626 -2851 By Project Prospectus Approval Approving Authority Title Public Works Director /County Engineer Date 1 - 30' 1"1 DOT Form 140 -101 Previous Editions Obsolete Page 1 Revised 04/2015 Agency Project Title Date Cowlitz County Dept.of Public Kalama River Road Guardrail Repair 1/26/2017 Tvne of Proaosed Work Project Type (Check all that Apply) Roadway Width Number of Lanes New Construction Path /Trail 3 -R 24 2 Reconstruction Pedestrian / Facilities 2 -R Railroad Parking ® Other Bridge Geometric Design Data Preliminary Engineering Will Be Performed By Others Agency Geotechnical Engineering Consultant and Agency. 0 % 100 % Construction Will Be Performed By Description Agency Through Route 79 % 21 % Crossroad Federal Functional Classification Urban Rural NHS Principal Arterial Minor Arterial Collector Major Collector Minor Collector Local Access Urban Rural NHS El Principal Arterial Minor Arterial Collector Major Collector Minor Collector Local Access Terrain Flat Roll Mountain Flat Roll Mountain Posted Speed 35 Design Speed 35 Existing ADT 1400 Design Year ADT 1900 Design Year 2035 Design Hourly Volume (DHV) 150 Performance of Work Preliminary Engineering Will Be Performed By Others Agency Geotechnical Engineering Consultant and Agency. 0 % 100 % Construction Will Be Performed By Contract Agency Emergency repairs completed by County, ermanent restoration by Contract 79 % 21 % Environmental Classification Class I - Environmental Impact Statement (EIS) ® Class 11- Categorically Excluded (CE) Project Involves NEPA/SEPA Section 404 Interagency Agreement Class III - Environmental Assessment (EA) Project Involves NEPA/SEPA Section 404 Interagency Agreement Projects Requiring Documentation Documented CE) Environmental Considerations The project is located adjacent to the Kalama River which provides habitat for ESA listed aquatic species. All work is above ordinary high water and will have no effect on ESA listed species. Installation of guardrail and shoulder rock will cause very little ground disturbance so that no sediment laden runoff should enter the river. DOT Form 140 -101 Page 2 Revised 04/2015 Previous Editions Obsolete O Agency Project Title Date Cowlitz County Dept.of Public Kalama River Road Guardrail Repair 1/26/2017 Right of Way Q No Right of Way Needed Right of Way Needed All construction required by the No Relocation Relocation Required contract can be accomplished IY SkINGTON within the existing right of way. y SY' 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 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 There should not be any utility relocations. The guardrail will be put back in the predamage location. There are existing overhead utilities that should not be affected. FAA Involvement Is any airport located within 3.2 kilometers (2 miles) of the proposed project? Yes ® No Remarks This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and is not inconsistent with the agency's comprehensive plan for community development. ATTEST: Clerk o`f the pOF COUP Q c0 w r2p ll CO NtY IY SkINGTON y SY' Approved this day of I i , -h , 2017 s OARD OF COUNTY COMMISSIONERS F COWLITZ COUNTY, WASHINGTON By: Chairman of the Board AdML V// DePar 7ianwwItation Agency Cowlitz Count`, Debt. Of Public Works Address 1600 13th Avenue South Kelso. WA 98626 - Local Agency Agreement CFDA No. 20.205 Catalog of Federal Domestic Assistance) Project No. ---- Agreement No. - -— C7 - - - 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 Govemment, 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 Govemment shall be the responsibility of the Local Agency. Project Description Name Kalama River Road Guardrail Repair Length Varies Termini iViilepost 1.38 to 5.56 Description of Work The project will repair the roadway shoulder and guardrail that was damaged during the December 2015 storm event. Included in this agreement is emergency work that was done to shore up the roadway and prevent further roadway damage Project Agreement End Date: 11111112017 A.d— '4;emm—f rhfc. I n re n i Claiming Indirect Cost Rate Yes No r- I UPUQVUravGuJVnic.n..+ 1tuH'In Estimate_ of Funding Type of Work Estimated Total I 2) Estimated Agency 3) Estimated Project Fun_ ds Funds Federal Funds PE a- Agencv 3 - 000. 405.00 2,595.00 86.5 % b. Other — c. Other Federal Aid d• State 525.00 71.00 454.00 Participation Ratio for PE e. Total PE Cost Estimate a +b +c +d 3.525,00 476.00 3,049.00 I Right of Way f_ Agency _ - -- -- Other h. Other Federal Aid State Participation i Ratio for RW Total RM Cost Estimate f+ +h +i Construction k. Contract11 1. Other Temporary Restoration at 100% 11,100.00 0.00 11,100.00 m. Other n. Other o Agency Federal Aid p• StateParticipation Ratio for CN q. Total CN Cost Estimate k +l +m +n +o+ 11 100.001 11,100.00 r. Total Project Cost Estimate a +'+ 14,625.00'. 476.00' 14 149A0 Approved this -day of (Lu 'LtA'4 , 2016 BOARD OF COUNTY COMMISSION RS Washington State Department of Transportation By OF C;O LfNI Y ASHIN 0 Director, Local Programs By' ` f - Date Executed Chairman of the Board Attest: t ,.'Clerk of t Board SLP 0 - 2016 Page 1 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 $ Local Force or Local Ad and Award per month for months. 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. H. 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 b} 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 tfie work in progress. On Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work ism conformance with approved plans, specifications, and federal aid requirements, The salary of such engineer or other supervisor and all other salaries and cost~ 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 supprnt 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 US, Department of 'rransportation, and the Washington State Department of Transportation, 'i fie records shall he open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available fbr such inspection for a period of not less than three years from ilic final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are: 1. Preliminary engineering. 2. Right of way acquisition. 3. Project construction. Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show continuous progress may result the Agency's project becoming inactive, as described in 23 CFR 630, and subject to de- obligation of federal aid funds and /or agreement closure. If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year following the fiscal year in which the right of way phase was authorized, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX) The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. DOT Form 140 -039 Page 2 Revised 05/2015 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 t ioverninent. Federal funding shall be in accordance with the Federal Transportation Act, as autcnded. 2 CFR Part 200. The State shall not be ultimate!} responsible for any of the costs of the project. The Agency shall be ultimately responahlc for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construct] 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 confornuty t+nh applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred casts. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be ciigiblc fix federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - tlnifilnn Adntn 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 shire of the total coustructiun cost based on the contract award The State %ill notify the Agency of the exact amount to be deposited With the State The State- «ill pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the `Mate will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantiall4 completed and final actual costs of the project can he deternuned, the State will present the Agency with a final billing showing the amount due the State. or he amount due the Agency. This billing will he 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, those costs eligible for Federal participation to the extent that such costs are directly attributable and by the Local Agency frrr maintenance, general administration, supervision, and other overhead shall 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 amol time of audit, the Agency will provide documentation of all costs incurred on the project. in duplicate, not more than once per month for properly allocable to this project. Expenditures not be eligible for Federal participation unless int shown on the face of this agreement. At the 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. 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 90 days after the Project Agreement End Date or they become ineligible for federal reimbursement. DOT Form 140 -039 Revised 05/2015 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 harruiess from and shall process and defend at its own expense all claims. demands. or suits, whether at law or equit% brought against the Agenc%. Swo, or Federal Governuteut, arising from the Agcnc%'s execution, performance. or failure to perform any of the provisions of This agreement. vi of an} other agreement or contract connected %%itli this agreement. or arising by reason of the participation of the State or Federal (iovernment in the protect. PROVIDED. nothing herein shall require the Agenc} to reirnhurse the State or the Federal Government for damages ansing out ol- hodil} injure to persons or damage to property caused b\ 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 a%kArd and performance of any USDOT- assisted contract and /or agreement or in the administration of its DBL program or the requirements of 49 ('FR fart 26 l'hc Agency shall take all necessary and reasonable steps under 49 CFR Pan 26 to ensure nondiscrimination in the award and administration of (-'Sl)OT- assisted contracts and agreements. The WSDOT's DBE program, as required by 4O CPR Part 26 and as ,ippio%cd In IISN)l is incorporated by reference in this agreement. Implementation of this program i. a legal obligation and failure to carry out its tenua shall he treated as a siolaiion of this agreement. Upon notification to the Agency of its failure to cam out its approved program, the Department ma% impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1 (10 1 an&or the Program Fraud Civil Remedies Act of 1986 (31 i1. 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 fumish 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 11, subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: a) Cancel, terminate, or suspend this agreement in whole or in part; b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and c) Refer the case to the Department of Justice for appropriate legal proceedings. XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. DOT Form 140 -039F Page 4Revised05/2015 9 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: l) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to in) person for influencing or attempting to influence air officer or employee (if any federal agency, a member of Congress, an officer or emmploycc 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 an} federal loan, the entering into of any eottperativeagreement, and the extension, continuation, renewal. amendment, or rnodification 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 anofficeroremployeeofanyfederalagency, 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 administration, (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 Revised 0512015 Page 5 September 13, 2016 G "P -L5 4N000-15 Mr. Brad Bastin Public Works Director Cowlitz County 1600 13t6 Avenue South Kelso, Washington 98626 Cowlitz County Kalama River Road Guardrail Repair ER- 1602(025) FUND AUTHORIZATION Dear Mr. Bastin: RECEIVED SEP 19 2016 COWLITZ COUNTY PUBLIC WORKS DEPT. We have received FHWA fund authorization, effective September 7, 2016, for this project as follows: PHASE TOTAL FEDERAL SHARE Preliminary Engineering $3,525 $3,049 Construction (Temp /Emerg.) $11,100 $11,100 As a condition of authorization you must show continuous project progress through monthly billings, until your project is complete. Failure to show continuous progress may result in your project becoming inactive per 23 CFR 630.106(a) (5) and subject to de- obligation of all federal funds and agreement closure. Enclosed for your information and file is a fully executed copy of Local Agency Agreement LA -8958 between the state and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. FHWA requires projects utilizing federal funds for preliminary engineering or right of way to advance to construction. If this project is unable to proceed to construction, any expended federal funds must be repaid. WSDOT authorization to proceed with permanent right of way and /or construction is contingent upon receipt and approval of your environmental documents. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Stephanie Tax c Manager, Program Management Local Programs STJg:ac Enclosure cc: Chad Hancock, Southwest Region Local Programs Engineer AML Washington State W// Department of Transportation Local AgenLg"pederal Aid Project Prospectus DOT Form 140 -101 Previous Editions Obsolete Page 1 Revised 04/2015 Date 8/8/2016 Prefix Route DUNS Number 081976292FederalAid Project Number ER Federal EmployerfWSDOT1LocalAgency use Only Tax ID Number, 91- 6001310 Pro'ect Number a Agency CA Agency Federal Prog; E]-,Other am Title Cowlitz County Dept.of Public Works ® Yes El No 20.205 -- Project Title Start Latitude N46- 02- 53.76_ Start Longitude W122-50-06.71 Kalama River Road Guardrail Repair W 1 2?_,1h_06.30EndLatitudeN46 -02 -20.90 End Longitude _ _ Project Termini From - To I Nearest City Name Project Zip Code (+ 4) 198625-9449_ N/A N/A Castle Ruck Begin Mile Post End Mile Post I Length of Project Award Type 1.38 5.56 Varies ® Local Local Forces State Railroad Route iD Begin Mile Point End Mile Point City Number County Number County Nam1IN/A 08 _ Cowlitz -- WSDOT Region + Legislative District(s) I Congressional District(s) Urban Area Number Southwest Rc!ioll 120 3 N/A Total Local Agency Federal Funds Phase Start Date Phase Estimated Cost Nearest Hundred Dollar Funding Nearest Hundred Dollar Nearest Hundred Dollar Month Year P.E- .... 3,525 476 3,_0 9 12/2015. R/W 0 0 0 5,500Const. 51,900 46400 12/2015 Total 55,425 5.976 49,449 Description of Existing Facility (Existing Design nd Present Condition Roadway Width Number of Lanes 24 2 Kalama River Road is a two lane rural major collector with two I V wide paved lanes and two P wide gravel shoulders on each side. The roadway was damaged during the storm event in December 2015 resulting in the shoulders and guardrail being damaged. Descri tion of Proposed Work Description of Proposed Work (Attach additional sheet(s) if necessary) Emergency work consisted of rebuilding the embankments to prevent further damage to the roadway. Permanent repairs include replacement of the damaged guardrail, guardrail terminals and anchors with new guardrail, guardrail terminals and anchors and adding shoulder rock.. Local Agency Contact Person Title Phone Chris Andrews PE ; Project M.ana ,er 577_- 3030 Mailing Address City I State Zip Code 1600 - 13th Avenue South Kelso WA 9SG2G ^R51 - -- By Project Prospectus Approval Approving Authority Title Public Works Director /County Engineer Date DOT Form 140 -101 Previous Editions Obsolete Page 1 Revised 04/2015 Agency j Project Title owlitr Countv Deot.of Public I Kalama River Road Guardrail Rcpair Date 8/8/2016 Type of Pro osed Work Project Type (Check all that Apply) Roadway Width Number of Lanes New Construction Path / Trail 3-R 24 12 Reconstruction Pedestrian / Facilities 2 -R -- - -- Railroad Parking ® Other Bridge Geometric Design Data Preliminary Engineering Will Be Performed By Others I Agency Getechnical En incerin Consultant and Agency. o Description_ f 100 Through Route Agency Crossroad 79 % Principal Arterial Principal Arterial Federal Urban Minor Arterial Urban Minor Arterial Functional Rural El Collector Collector Major Collector El Collector El Major Collector Classification NHS Minor Collector p NHS Minor Collector Local Access Local Access Terrain Flat Roll Mountain _ Flat Roll Mountain Posted Speed — -- 35 Design Speed _- _ 35- Existing ADT _ I400_ Design Year ADT _ _ I DesignYear - - - -- 2035 - -- Volume Performance of Work Preliminary Engineering Will Be Performed By Others I Agency Getechnical En incerin Consultant and Agency. o U % Contract f 100 Construction Will Be Performed By Agency Emergency repairs completed by County, permanent restoration by Contract 79 % 21 % Environmental Classification Class I - Environmental Impact Statement (EIS) ® Class II - Categorically Excluded (CE) Project Involves NEPA/SEPA Section 404 ® Projects Requiring Documentation Interagency Agreement (Documented CE) Class III - Environmental Assessment (EA) Project Involves NEPA/SEPA Section 404 Interagency Agreement Environmental Considerations The project is located adjacent to the Kalama River which provides habitat for ESA listed aquatic species. All work is above ordinary high water and will have no effect on ESA listed species. Installation of guardrail and shoulder rock will cause very little ground disturbance so that no sediment laden runoff should enter the river. DOT Forin 140 -101 Page 2 Revised 04/2015 Previous Editions Obsolete • Agency Project Title Dale 9 y 8/8/2016 Cowlitz County Dept.of Public Kalama River Road Guardrail Repair ht of W N No Right of Way Needed All construction required by the contract can be accomplished within the existing right of way. Utilities Right of Way Needed No Relocation Railroad Relocation Required N 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 There should not be any utility relocations. The guardrail will be put back in the predatnage location. There are existing overhead utilities that should not be affected. FAA Involvement Is any airport located within 3.2 kilometers (2 miles) of the proposed project? Yes N No Remarks This project has been reviewed by the legislative body of the administration agency or agencies, or it s Ue51yl mu, 01 lu is not inconsistent with the agency's comprehensive plan for community devL&_ elopment. L Approved this "Nday of CWl. 'f ti 2016 ATTEST: ((r ' I BOARD OF COUNTY COMMISSIONERS OF COWLIITTZ COUNTY, WASH N GTON rrk of the Boart'1 Chairman of the Board DOT Form 140 -101 EF Page 3 Revised 04/2015 Previous Editions Obsolete j 1` 4 , D,P • SHADY UN RD AONA DR WT. PLEASAW RD KODS RD SiARlJGH1 DR & ` l 1 0 4 y UV \ LUXURY Lm RISLEY RD < 9 - NU80TE RD Kcsgu Ra \ P1 r JOY PROJECT t.:• a LOCATION Ej NORRI ki PIT ST KAIAIIA s RD / A EX wMrnew PL 'yam W xc , Oa - DR EXIT ', G09BLe SS FAtt51DE W 0"TWOOD OR I q I 7 q KA AMA Kalama River Road `p * Lf'TZCO DEPARTMENT* OF PUBLIC SA WORKS Dr Msr teoo 131h AVENUE sour+ Df A, Der MP 1.38 to MP 2.87 KELSOaw waTCN 02122/1 G sMwo<° DAIS r'• •fit P p RVCT L4 j ' il l6 J N R1A'WR N.+IOK lip h let* 11 s Jrl b , F• r a Exrt 1 LX 3 ` a f go lie Al PROJECT LOCATIONf 1 ElitT r Q w0001,[ No ow 0 aorvmw no ( i 6n (s 77 u ' nAD ( 4 IUdA LN Kalama River Road JtzCpLh DEPARTMENT w" c yar nsti uo A OF PUBLIC SA WORKS DMWK By 1E0073n AVENUE lOIfiH OF APPRQ,%a., MP 5.53 to MP 5.56 KELSO, WAWNGTON 1oea DATE