03-087.00 WSDOT Bridge Inspection AgreementAM6 _
Washington State
Department of Transportation
This AGREEMENT is made and entered into this 31st day of October 2003
by and between the State of Washington, Washington State Department of Transportation (WSDOT), acting by and
through the Secretary of the Department of Transportation, under virtue of RCW 47.28.140 (hereinafter "STATE"), and
the above named city (hereinafter "CITY").
In this AGREEMENT an agency designated the CITY is an incorporated area within the boundaries of a COUNTY
with a population of 5,000 or more, and a SMALL CITY is an incorporated area in,a COUNTY with a population of
less than 5,000. A LOCAL AGENCY includes the COUNTY and any CITY or SMALL CITY within it.
NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
GENERAL
This AGREEMENT outlines the terms of High Cost
Bridge Inspection of LOCAL AGENCY Bridges
performed by the STATE. High Cost Bridge Inspections
are Fracture Critical (FIC), Underwater (U//V), or
inspections requiring an Under Bridge Inspection Truck
(UBIT).
The STATE as agent, acting for and on behalf of the
CITY, or in conjunction with the CITY, shall perform
High Cost Bridge Inspection work at no cost to the
CITY. The High Cost Bridge Inspection work shall be
performed at frequencies recommended in Chapter 3
of the Washington State Bridge Inspection Manual (M
36-64) and shall be performed as described in the
attached Memorandum of Understanding between
WSDOT Highways and Local Programs and the
Environmental and Engineering Service Centers.
When an area within a county or city incorporates and
becomes a SMALL CITY, the COUNTY shall assume
routine bridge inspection responsibilities for the newly
created SMALL CITY.
As the above described work is required on a routine
basis, this AGREEMENT shall remain in effect for twelve
years, at which time the agreement may be renewed in
writing. This AGREEMENT may be terminated in writing
at any time by either the CITY or the STATE. At least
thirty days written notice shall be given for renewal or
termination.
If any terms or provisions of this AGREEMENT are
determined to be invalid, such invalid term or provision
shall not affect or impair the remainder of the
AGREEMENT, but such remainder shall remain in full
force and effect to the same extent as though the invalid
term or provisions were not contained in the
AGREEMENT.
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Organization and Address
Bridge Inspection
Agreement
g
City of Spokane Valley
11707 E. Sprague Ave., Suite 106
Work by State
Spokane Valley, WA 99206
Agreement Number
Attachment
GCS - 2173
Memorandum of Understanding (MOU)
This AGREEMENT is made and entered into this 31st day of October 2003
by and between the State of Washington, Washington State Department of Transportation (WSDOT), acting by and
through the Secretary of the Department of Transportation, under virtue of RCW 47.28.140 (hereinafter "STATE"), and
the above named city (hereinafter "CITY").
In this AGREEMENT an agency designated the CITY is an incorporated area within the boundaries of a COUNTY
with a population of 5,000 or more, and a SMALL CITY is an incorporated area in,a COUNTY with a population of
less than 5,000. A LOCAL AGENCY includes the COUNTY and any CITY or SMALL CITY within it.
NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
GENERAL
This AGREEMENT outlines the terms of High Cost
Bridge Inspection of LOCAL AGENCY Bridges
performed by the STATE. High Cost Bridge Inspections
are Fracture Critical (FIC), Underwater (U//V), or
inspections requiring an Under Bridge Inspection Truck
(UBIT).
The STATE as agent, acting for and on behalf of the
CITY, or in conjunction with the CITY, shall perform
High Cost Bridge Inspection work at no cost to the
CITY. The High Cost Bridge Inspection work shall be
performed at frequencies recommended in Chapter 3
of the Washington State Bridge Inspection Manual (M
36-64) and shall be performed as described in the
attached Memorandum of Understanding between
WSDOT Highways and Local Programs and the
Environmental and Engineering Service Centers.
When an area within a county or city incorporates and
becomes a SMALL CITY, the COUNTY shall assume
routine bridge inspection responsibilities for the newly
created SMALL CITY.
As the above described work is required on a routine
basis, this AGREEMENT shall remain in effect for twelve
years, at which time the agreement may be renewed in
writing. This AGREEMENT may be terminated in writing
at any time by either the CITY or the STATE. At least
thirty days written notice shall be given for renewal or
termination.
If any terms or provisions of this AGREEMENT are
determined to be invalid, such invalid term or provision
shall not affect or impair the remainder of the
AGREEMENT, but such remainder shall remain in full
force and effect to the same extent as though the invalid
term or provisions were not contained in the
AGREEMENT.
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II
SINGLE AUDIT ACT
The STATE is recipient and the CITY is a subrecipient
of federal funds for the responsibilities outlined in this
AGREEMENT. The CITY, as a subrecipient of federal
funds, shall adhere to the federal Office of
Management and Budget (OMB) Circular A-133 as well
as all applicable federal and state statutes and
regulations. A subrecipient who expends $300,000 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 OMB Circular A-133. Upon conclusion of
the A-133 audit, the CITY shall be responsible for
ensuring that a copy of the report is transmitted
promptly to the STATE.
Federal funding shall be in accordance with the
Transportation Equity Act for the 21st Century (TEA
21), as amended, and Office of Management and
Budget circulars A-102, A-87, and A-133.
III
AVAILABILITY OF RECORDS
All records in support of all costs incurred and actual
expenditures kept by the CITY 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 WSDOT. 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 CITY. Copies
of said records shall be furnished to the STATE and/or
federal government upon request.
IV
PAYMENT AND REIMBURSEMENT
If a scheduled inspection is missed or delayed by the
STATE, the inspection will be rescheduled at no cost to
the CITY. If a scheduled inspection is missed or severely
delayed by the CITY, any additional ousts will be the
responsibility of the CITY, which shall make appropriate
reimbursement to the STATE. The CITY shall be
responsible for the costs of all flagging and traffic control
necessary for High Cost Bridge Inspections.
V
BILLING
Billing by the STATE or the CITY shall not occur more
than once a month.
The CITY may submit vouchers to the STATE in the
format prescribed by the STATE for those costs incurred
that are directly attributable to work done under this
AGREEMENT. Expenditures by the CITY for general
administration, supervision, and other overhead shall not
be eligible for federal participation.
The CITY agrees that if payment or arrangement for
payment of any of the STATE's billing for additional costs
due to delayed or missed inspections caused by the CITY
is not made to the STATE within 45 days after the CITY
has been billed, no additional federal project funding will
be approved until full payment is received unless
otherwise directed by the Assistant Secretary for
Highways and Local Programs.
VI
INDEMNIFICATION AND HOLD HARMLESS
The CITY shall indemnify and hold the STATE and its
officers, agents and employees harmless from, and shall
process and defend at its own expense, all claims,
demands, suits at law or equity, penalties, losses, or costs
(hereinafter "claims") arising in whole or in part from the
CITY's negligence or breach of its obligations under this
AGREEMENT to the fullest extent permitted by law and
subject to the limitations provided below. The CITY's duty
shall include reasonable attorneys' fees, court costs and
all other claim -related costs, including any costs
associated with enforcing this provision.
The CITY's duty to indemnify the STATE shall not apply to
claims based solely upon the conduct of the STATE and
its officers, agents and employees. If the claims are
caused by or result from the concurrent negligence of (a)
the CITY's officers, agents and employees, and (b) the
STATE's officers, agents and employees, the CITY's duty
to indemnify shall apply only to the extent of the
negligence of the CITY or its officers, agents and
employees.
The CITY's relation to the STATE shall be at all times as
an independent contractor. For purposes of this
indemnification duty, the CITY specifically waives any
immunity that may be granted it under the state industrial
insurance law, Title 51 RCW. This waiver was mutually
negotiated by the parties to this AGREEMENT.
VII
RIGHT OF ENTRY
The CITY hereby grants and conveys to the STATE the
right of entry upon all land in which the CITY has interest,
within or adjacent to the right of way of the highway or
street for the purpose of accomplishing the work described
in this AGREEMENT. Such right of entry shall commence
upon execution of this AGREEMENT and shall continue
until termination of this AGREEMENT under any
applicable provision.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written.
LOCAL AGENCY
Title: City Manager
Date: /D ~ ol- 7--0
STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
By: `
__Q_
Title: Director, Highways & Local Programs Division
Date: l 031 X03
Agreement Number GCA - 2168
Approved as to Form:
March 30 . 2000
IS!
Heidi A. Irvin
Assistant Attorney General
AIT 1+ modfficaiion, change, or refoi-ination of this Agreement requires the farther appi-oval
of the Office of the Attorney General.