HomeMy WebLinkAbout2688 - WSDOT - Agreement - State Ave Corridor NHS FundingWashington State
Departmerh of Transportation
Prefix Route ( )
Local Agency Federal Aid
Project Prospectus
Date 2/24/2022
Federal Aid DUNS Number 076658673 Project Number
Local Agency R2107 ( WSDOT ) Federal Employer 91-6001459 Project Number Use Only Tax ID Number
Agency CA Agency Federal Program Title
City of Marysville [l] Yes 0No [l] 20.205 D Other
Project Title Start Latitude N 48.049231 ° Start Longitude w-122 .177066°
State A venue Corridor Pavement Preservation NH End Latitude N 48.061430° End Lonqitude w-122 .176915°
Project Termini From-To Nearest City Name Project Zip Code (+4 )
1st St Grove St Marysville 98270-4241
Begin Mile Post End Mile Post Length of Project Award Type
NIA N I A .80 Miles [iJ Local O Local Forces O State O Railroad
Route ID Begin Mile Point End Mile Point City Number County Number County Name
0745 31 Snohomish
WSDOT Region Legis lative District(s) Congressional District(s) Urban Area Number
Northwest Region E] 38 2 1
Total Local Agency Federal Funds Phase Start
Phase Estimated Cost Funding Date
(Nearest Hundred Dollar) (Nea rest Hundred Dollar) (Nearest Hundred Dollar) Month Year
P.E. 170,000 0 170 ,000 3/2022
R/W 0 0 0
Const. 1,830,000 0 1,830,000 6/2 023
Total 2,000,000 0 2,000,000
Description of Existing Facility (Existing Design and Present Condition)
Roadway Width Number of Lanes
58' 5
5 lanes exist with a 58' curb to curb width.
I
Description of Prdposed Work
Description of Proposed wdrk (Attach add iti onal sheet(s) if necessary)
This project will inc jude a full width grind and 2-inch overlay, pavement repair where necessary, upgrade curb
ramps to meet ADA (including improvements at signalized intersections triggered by ramp upgrades), utility
adjustment, signal d1te ction replacement, and pavement markings
Local Agency Contact Persc 1n
Nicholas Greene
Mailing Address
80 Columbia A venue
Project Prospectus
DOT Form 140-101
Revised 01/2022
I
Title
Project Engineer
City
Marysville
By
Approving Authority
Title Max Phan, City Engineer
Previous Editions Obsolete
Phone
425-512-1690
State Zip Code
WA 98270
Date
0 R I G I f{J g~ L
Agency I Project Title ·. . I Date .·
...
City of Marysville State A venue Corridor Pavement·Preservatio 2124/2022 ..
Type of Propos~d Work
Project Type (Check all that Apply) Roadway Width Number of Lanes
D New Construction D Path /Trail 03-R 58 5
[l] Reconstruction D Pedestrian / Facilities. D2-R ,,,
D Railroad 0 Parking □other
D Bridge
Geomf:!tric Design Data
Description Through Route Crossroac;I
, .
[l] Principal Arterial D Principal Arterial
Federal [l] Urban
D Minor Arterial [l] Urban
[l] Minor Arterial
Functional 0 Rural
□collector
D Rural
D Collector
-,,.,,. ·. D Major Collector [l] Major Collector Classification '0NHS
0.Minor Collector □NHS [l] Minor Collector
D Local Access [i'.] Local Access
Terrain [ll Fial D Roll D Mountain [l] Flat O Roll O Mountain .
Posted Speed 30 25-35
Design Speed . 35 25-35
Existing ADT NIA NIA
Design Year ADT NIA NIA
Design Year NIA NIA
Design Hourly Volume (DHV) NIA NIA
Performance of Work
Preliminary Engineering Will Be Performed By Others Agency
Consultant, City Staff 80 % 20· %
Construction Will Be Performed By Contract Agency
Contractor 100 % 0 %
Environmental Classification .•·
D Class I-Environmental Impact Statement(EIS) ll] Class II -Categorically Excluded (CE)
D Project Involves NEPA/SEf:>A Section 404 0 Projects Requiring Documentation
lnteragency Agreement (Documented-CE)
D Class Ill -Environmental Assessment (EA)
D Project Involves NEPA/SEPA Section 404
lnteragency Agreements
Environmental Considerations
; DOT Form 140-101 .. ·
·Revised·OJ/2022:'. Previous Editions Obsolete Page2
Agency ,
City of Marysville i
Right of Way /
[l] No Right of Way teeded
* All constructio~ required by the
contract can be accomplished
within the existi~g right of way.
Utilities
[l] No utility work reduired
I Project Title I Date
State A venue Corridor Pavement Preservatio 2/24/2022
0 Right of Way Needed
D No Relocation
Railroad
D Relocation Required
[l] No railroad work required
I D All utility work will /be completed prior to the start
of the constructior contract
D All utility work will be completed in coordination
with the construction cbntract
D All railroad work will be completed prior to the start of
the construction contract
D All the railroad work will be completed in coordination
with the construction contract
Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project
Adjust utilities to ltch final srade,
!
I FAA Involvement I
Is any airport located[ within 3.2 kilometers· (2 miles) of the proposed project? D Yes D No
Remarks
This project has been reviewed by the legislative body of the administration agency or agencies, or it's
designee, and is not i ~consistent with the agency's comprehensive plan for community development.
Date
DOT Form 140-101
Revised 01/2022 Previous Editions Obsolete
I
I
i
~ ~Afl ,J.vashin~on:':State.· ;P~P2'drri.j,~t~t·n-~sportation
Agency City of Marysville
Address BO Columbia Ave
Marysville, WA 98270
Local Agency Agreement
CFDA No. 20.205 ~ Highway Planning and Construc-tfon.
(Catalog of Federal Domestic Assistance)
Project No. NHPP-2691(012)
Agreement NC?~ "'P.. ID '"f l 1
..... ·······-... _FQrWSDQJ!J§e Only. -,,, _ _
The Local Agency having complied, or hereby•agreeing to comply, with the ferriis and conditions set forth in-(1) Title 23, □: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
Wsshington 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 liner, 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 State Avenue Corridor Pavement Preservation NHS
· Termini 1st St to Grove St
Description of Work
Length .80 Miles
This project will include a full width grind and 2-inch overlay, pavement repair where necessary, upgrade curb ramps to meet ADA
(including improvements at signalized intersections triggered by ramp upgrades), utility adjustment, signal detection replacement,
and pavement markings
Project Agreement End Date 12/3112026
f~op~_sed ~~~e~!~~ITl~n_t Q~!~-.
Type of Work
.PE
, 100
, Federal Aid
Federal Aid
' Participation
(1)
Estimated Total
.Pro'ect Funds
33,500,00, -..
136;000.Cib -··
500.00_.
110,000.00--· -
Claiming Indirect Cost Rate
Oves ✓ No
(3) .
Estimated Federal
_ .. --.Funds
·····-.. -·-___ · ... 33,500.00_
T3a;ooo:oo
. 50.0.00
Ratio for CN ~=:.=.,.------------........ -----'--------"'-" ..... -----~------',t----'-------'--'------,+-'---------------i------------~-'-"!
. Agency Offlclal -. , -
By ./~(~ ./J;"'~~
Title Col.U'\U \ P,e,,c.\tnt'
Agency Date 8. "5. ·2.0-.1..l..
DOT Form 140-039
Revised 04/2022
Washington State' Department of Transportation '
By Stephanie Digitallysignedby
D L Stephanie Tax irector, ocal Programs Date:2022.oa.,a
Date Executed Tax 13:29:58-07'00'
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 coast (line 5, colu_mn 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 litle 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 ori 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 app(oved 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 responsibililles to the Federal Government by_ the administration of this proiect. The Agency agrees
that the State shall have the full authority to carry o.ut this administration. The State shall review, process, and approve documents
required for federai 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 confonnlty with the approved plans and specifica_tions.
0
'.
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 sfate will _furnish qualified personnel for th~ superylslon 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. Availablllty 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. Coples of said records· shall be furnished to the State and/or
Federal Government upon reque~t. ·
. 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 . I
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 Ag~ncy 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 wlll repay to the State the sum or sums of federal
. .
DOT Form 140-039
Revlsed 04/2022
Page2
. \
funds paid to the Agency under the tenns of this agreement (see Section IX).
The Agency agrees that all stages of construction necessary to provide the lnltlally planned complete facility within the llmlts of this
project wlll confonn 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. Paymentand 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 Tran'sportation Act, as amended, 2 CFR Part
200. The State shall not be ultimate!Y responsible for any of the costs of the project The Agency shaU 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 Admln
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 ellgible 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 wlll
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 billlngs to the Federal Government for payment of its
participating portion of such billings. .
Method C -The Agency may s·ubmlt vouchers to the State In the format prescribed by the State, in duplicate, not more than orice
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 maintenan98, 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).
Vil. 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 flies 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. Sing\a 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 subreclpient 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 Fonn 140-039
Revised 04/2022
Page3
promptly to the State.
IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State's bllling relative to the project (e.g., State force
work, project cancellation, overpayment, cost ineligible for federal pa~iclpation, 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 Vehlcle Fund. No additional Federal project funding wlll 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 Perfo~ance (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 wlll 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 wilrnot install or permit to be installed any signs,
signals, or markings not in conformance with the standards approye'd by the Federal Highway Administration and MUTCD. The Agency
will, at its own expense, maintain the Improvement covered by this agreement.
XI. lndemni,ly
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 againsHhe 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 projec~ PROVIDED,
nothing herein shall require the Agency to reimburse the State or the Federal Goyernment 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 SJate.
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-
asslsted 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-asslsted contracts and agr!3ements. The W$DOT'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 wlll 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
Governmen~ 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 assisti;ind 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 ~his 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 Fonn 140·039
Revised 04/2022
Page4
(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 Seaetary of the washlngton 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 res!,Jlt 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 respecHo 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 th~ cdntractor.
(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 fiest Interests of the State.
XV. Venue for Claims andfor 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 ,he 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 a·gency, a member of Congress, an officer or employee of Congress, or
an emplbyee of a member of Congress In connection with the awarding of any federal contract, the making of any federal grant, the
making of any feder:al 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 lnst~uctions.
(3) The undersigned shall require that the language of this certification be Included in the award documents for ~II 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 subreciplents shall certify and disclose accordingly.
This certification is a material'representatlon 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, litle 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 c;,perating administri;itlons (i.e., Federal Highway Ad"!inistration,
Federal Transit Administration, Federal Aviation Admlr:ilstration) 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 S0,4 and the Americans with Disabilities Act (ADA).
Additional Provisions
DOT Form 140-039 : PE!gB5
Revised 04/2022
Washington State
Department of Transportation
Transportation Building
31 0 Maple Park Avenue S.E.
P.O. Box 47300
Mr. Jeff Laycock, PE
Public Works Director
City of Marysville
80 Columbia A venue
Marysville, Washington 98270-5130
Dear Mr. Laycock:
August 30, 2022
City of Marysville
Olympia, WA 98504-7300
360-705-7000
TTY: 1-800-833-6388
www.wsdotwa.gov
State Avenue Pavement Preservation
NHPP-2691(012)
FUND AUTHORIZATION
We have received FHWA fund authorization, effective August 19, 2022, for this project as follows:
PHASE
Preliminary Engineering
TOTAL
$170,000
FEDERAL SHARE
$170,000
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 10417
between WSDOT and your agency. All costs exceeding those shown on this agreement are the sole
responsibility of your agency. Any costs incurred after the Project Agreement End Date shown on the
agreement are not eligible for federal reimbursement. In addition, all eligible costs incurred prior to the
End Date must he hilled within sixty (60) days of the End Date or they are ineligible/or federal
reimbursement.
FHW A 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 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.
ST:jg:ml
Enclosure
Sincerely,
Stephanie Tax
Manager, Program Management
Local Programs
cc: Mehrdad Moini, Northwest Region Local Programs Engineer, MS NB82-121