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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. dv -J2 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. dv -J2 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.