04-009.00 WSDOT Barker Road over Spokane RiverWashington State
i
TDepartment of Transportation
al Agency Federal Aid
Project Prospectus
Existing bridge is an eight span concrete girder bridge. The two end spans are cantilevered. The bridge deck carries two lanes
of traffic and bike /pedestrians with a total curb -to -curb width of 24.3 feet. The bridge has two 2.5 ft. wide sidewalks. The
bridge crosses the Spokane River and a bike /pedestrian path at the south end. The existing approach road is 30 feet wide.
3escription of Proposed Work
Roadway Width Number of Lanes
® New Construction ❑ 3 -R ❑ 2 -R 54' curb -to -curb 4
The proposed bridge is 520 feet long (final length to be determined by TS &L) and 54 feet curb -to -curb with 4 travel lanes,
bicycle lanes and curbs, gutters, and sidewalks. The new bridge will be built near the existing bridge, just off line. The existing
bike /pedestrian trail at the south end will be linked to a pathway across the new bridge. The existing bridge will be removed.
Local Agency Contact Person Title Phone
Steve K Worley, P.E. Senior Capital Projects Engineer 509- 688 -0191
Mailing Address City State Zip Code
11707 E. Sprague Avenue, Suite 106 1 Spokane Valley WA 99206
I —
This document contains confidential tax information and
has been redacted pursuant to RCW 82.32.330.
You may petition for a review of our findings pertaining to any
redacted or withheld documents pursuant to Spokane Valley
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
Approving Professional Engineer
Date
3 ■ Supersedes Previous Editions ■
/l)y-J i
Prefix
Route ( )
4123 Date 3/22/2004
Federal Aid
BRM
Project Number
(Use 1 Federal Employer REDACTED
Local Agency
-
04 003
Project Number
`Use Only) Tax ID Number
Agency
Federal Program Title
City of Spokane Valley
® 20.205 ❑ 20.209 ❑ Other
Project Title.
Start Latitude N47.41.00
Start Longitude W117.09.0
Barker Road over Spokane River
N
W
End Latitude
End Longitude
Project Termini From
To
MP 3.75 at south side of Spokane River
NT 3.84 at north side of Spokane River
From: To:
MP 3.75 W 3.84
Length of Project
0.1 miles
Award Type
® Local ❑Local Forces ❑State ❑Railroad
Federal Agency
City Number
County Number ,
County Name
WSDOT Region
® FHWA ❑ Others
1223
32
Spokane
EAST
Congressional District
Legislative Districts
Urban Area Number
TMA / MPO / RTPO
5
4
2
SRTC
Total .:
Local A gency
g
Federal Funds.
Phase Start,: :, .
Phase
Estimated Cost
Funding
Date
(Nearest Hundred Dollar) : `
(Nearest • Hundred Dollar)
(Nearest. Hundred Dollar)
Month Year
P.E.
$697,200
$0
$697,200
5/2004
RAN
$45,000
$0
$45,000
1/2005
Const.
$7,350,500
$0
$7,350,500
6/2007
Total
$8,092,700
$0
$8,092,700
Description of Existing Facility (Existing Design and Present Condition)
Roadway Width
Number of Lanes
24.3
2
Existing bridge is an eight span concrete girder bridge. The two end spans are cantilevered. The bridge deck carries two lanes
of traffic and bike /pedestrians with a total curb -to -curb width of 24.3 feet. The bridge has two 2.5 ft. wide sidewalks. The
bridge crosses the Spokane River and a bike /pedestrian path at the south end. The existing approach road is 30 feet wide.
3escription of Proposed Work
Roadway Width Number of Lanes
® New Construction ❑ 3 -R ❑ 2 -R 54' curb -to -curb 4
The proposed bridge is 520 feet long (final length to be determined by TS &L) and 54 feet curb -to -curb with 4 travel lanes,
bicycle lanes and curbs, gutters, and sidewalks. The new bridge will be built near the existing bridge, just off line. The existing
bike /pedestrian trail at the south end will be linked to a pathway across the new bridge. The existing bridge will be removed.
Local Agency Contact Person Title Phone
Steve K Worley, P.E. Senior Capital Projects Engineer 509- 688 -0191
Mailing Address City State Zip Code
11707 E. Sprague Avenue, Suite 106 1 Spokane Valley WA 99206
I —
This document contains confidential tax information and
has been redacted pursuant to RCW 82.32.330.
You may petition for a review of our findings pertaining to any
redacted or withheld documents pursuant to Spokane Valley
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
Approving Professional Engineer
Date
3 ■ Supersedes Previous Editions ■
/l)y-J i
Agency Project Title Date
City of Spokane galley Barker Road over Spokane River 3/22!2004
Geometric Design Data
Year
Property
Damage
Accidents
Iniury Accidents
Fatal Accidents
Description
Number of
Accidents
Through Route
Number of
Accidents
Crossroad
Federal
Functional
Classification
® Urban
❑ Rural
0 Principal Arterial
❑ Minor Arterial
❑ Collector
❑Major Collector
❑ Minor Collector
❑ Access Street/Road
❑ Urban
❑ Rural
❑ Principal Arterial
❑ Minor Arterial
❑ Collector
❑Major Collector
❑ Minor Collector
❑ Access Street/Road
Terrain
® Flat
❑ Roll ❑ Mountain
❑ Flat
❑ Roll ❑ Mountain
Posted Speed
35
Design Speed
• 40
Existing ADT
9762
Design Year ADT
36,599
Design Year
2050
Design Hourly Volume (D"
Accident - 3 Year Experience'
Year
Property
Damage
Accidents
Iniury Accidents
Fatal Accidents
Total Number
of Accidents
Number of
Accidents
Number of
Injuries
Number of
Accidents
Number of
Fatalities
N/A
N/A
NIA
A' /A
N/A
N/A
0
Performance of Work:--,-.:'.--.'-',- l 'r.
Preliminary Engineering Will Be Performed By
Others
Agency
Engineering Consultants
100 %
%
Construction Will Be Performed By
Contract
Agency
Contractor
100 %
%
EnvironmeritalC lass ification
❑ Final ® Preliminary
❑ Class I - Environmental Impact Statement (EIS)
❑ Project Involves NEPA/SEPA Section 404
Interagency Agreement
❑ Class III - Environmental Assessment (EA)
❑ Project Involves NEPA/SEPA Section 404
Interagency Agreement
Environmental Considerations
® Class II - Categorically Excluded (CE)
❑ Projects Requiring Documentation
(Documented CE)
DOT Form 144101 EF Page 2 of 3
Revised 12!2002
Agency
City of Spokane Valley
Project Title
Barker .Load over Spokane R -iver
Date
3/22/2004
Right of Way
❑ No Right of Way Required
® Right of Way Required
' All construction required by the
❑ No Relocation ®Relocation Required
contract can be accomplished
within the existing right of way.
Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project
`Mere exists a parking area for the Centennial Trail on the southeast end of the bridge. This trailhead will be
relocated as required depending on the final location of the new structure.
FAA Involvement
Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ❑ Yes ® No
I Remarks
This project has been reviewed by the legislative body of the administration agency or agencies, or ifs designee, and is
not inconsistent with the agency's comprehensive plan for community development
Agency City of Spokane Valley
Date �J /D� By -
Mayor lChairparson
DoT Form 140 -101,EF Page 3 of 3
Revrued 1212002
Amok I �1
MWashington State
Department of Transporl� .I {uri
Agency City of Spokane Valley
Address C/O Public Works Department
11707 E. Sprague Avenue
Spokane Valley, RSA 99206
Lot ., Agency Agreement
CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Project No.
Agreement No.
For OSC WS DOT Use Only
The Local Agency having complied, or hereby agreeing to comply, with the leans and conditinns set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued
pursuant thereto, (3) Off-ice of Management and Budget Circulars A -102, A -87 and A-133,(4) the policies and procedures promulgated by the Washington State
Department of'I'mnsporution and (5) the federal aid project agreement entered into between the State and Fcdeml Government, relative to the above project, lie
Washington State Department of Transportation will authorise 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, colwnn 3, withnut written authority by the State, subject to the approval of the Federal
Highway Administration_ All project costs not reimbursed by the Federal Goverrmhent shall be the responsibility of the Lornl Agen•y.
Project Description
Name Barker Road over Spokane River Length
0.01 miles
Termini @ Spokane River
Description of Work
Construct a new four -lane bridge with bike lanes and sidewalks to replace an existing 1952 two -lane concrete bridge.
New bridge will be built near the existtng, just off line. Existing bicycle/Pedestrian trail under span 1., south end, will be
linked to a pathway across the new bridle.
Type of Work
Estimate of Funding
Estimated Total
Project Funds
(2)
Estimated Agency
Funds
(3)
Estimated
Federal Funds
PE a. Agency
100 % b ther Consultant
c. Other
Federal Aid d. State
Participation
Ratio for PE e. Total PE Cost Estimate a +b+c+d
70,000.001
1 70,000.00
627 200.001
627,200.00
697,200.00
697,200.00
Right of Way gency
100 % 9.Othe Consultant
h. Other
Federal Aid j. State
Participation
Ratio for RW Total RNV Cost Estimate f+ +h +i
45 000.00
45,000.00
45,000.001
1 45 000.00
Construction k. Contract
I. Other
m. Other
n. Other
100 % o. Agency
7,350,500.001
7,350,500.00
Federal Aid State
Participation
Ratio for CN q. Total CN Cost Estimate k +l +m +n +o+
7,350,500.00
7,350,500.00
r. Total Project Cost Estimate (e +j+q)
I 8,092,700.001
1 8,092,700.001
Agency Official
Washington State Department of Transportation
By By
Title &y��f) /QL ✓— Assistant Secretary for Highways and Local Programs
'C&)LaLSPkW cy Date Executed
DOT Form 140-039 EF
Revised 1011)2
Washington State L. AGENCY
,WAP Department of Transport. .on
Agency City of Spokane Valley
Address C/O Public Works Department
11707 E. Sprague Avenue
Spokane Valley, WA 99206
Loc., . Agency Agreement
CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Project No. - 4-125(0 04�
Agreement No. kA 57 2 4
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) Office of Management and Budget Circulars A -102, A -87 and A -133, (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 Government, relative to the above project, the
Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be
obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal
Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name Barker Road over Spokane River
Termini @ Spokane River
Description of Work
Length 0.01 miles
Construct a new four -lane bridge with bike lanes and sidewalks to replace an existing 1952 two -lane concrete bridge.
New bridge will be built near the exisitng, just off line. Existing bicycle/Pedestrian trail under span 1, south end, will be
linked to a pathway across the new bridge.
Agency Official Washington State Department of Transportation
By �� By -
Title ]yiay�C� 1%%g.,V-g Assistant Secretary for Highways and Local Programs q ,1
City of_Spnkane Valley Date Executed MAY 2 4 LOOP
DOT Form 140 -039 EF
Revised 10102
DK
DIG
Dt
)K
DK
Estimate of Funding
Type of Work
Estimated Total
Estimated Agency
Estimated
Project Funds
Funds
Federal Funds
PE a. Agency
70,000.00
70,000.00
100 % b. Other Consultant
627,200.00
627,200.00
c. Other
Federal Aid d. State
Participation
Ratio for PE e. Total PE Cost Estimate a +b +c +d
697,200.00
697,200.00
Right of Way f. Agency
100 % .Other Consultant -
45,000.()
It. Other
Federal Aid L State
Participation
Ratio for RW '. Total RAN Cost Estimate f+ +h +i
,
Construction k. Contract
L Other
m. Other
n. Other
100 % o. Agency
Federal Aid
State
,
Participation`
Ratio for CN q. Total CN Cost Estimate k +l +m +n +o+
-7-- &OB
7�350300;00
r. Total Project Cost Estimate (e +j +q)
Og2�7gg;g0.
,�-
Agency Official Washington State Department of Transportation
By �� By -
Title ]yiay�C� 1%%g.,V-g Assistant Secretary for Highways and Local Programs q ,1
City of_Spnkane Valley Date Executed MAY 2 4 LOOP
DOT Form 140 -039 EF
Revised 10102
DK
DIG
Dt
)K
DK
C6nsitrudtion Method of Finarn j (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 Agencys share of total construction cost (line 4, column 2) in the amount of
at $ per month for months.
Local Force or Local Ad and Award
® Method C - Agency cost incurred with partial reimbursement
The Loral 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
Provisions
I. Scope of Work
The Agency shall provide all the work, labor, materials, and services necessary
to perform the project which is described and set forth in detail in the `Project
Description" and "Type of Work."
When the State acts for and on behalf of the Agency, the State shall be deemed
an agent of the Agency and shall perform the services described and indicated in
"Type of Work" on the face of this agreement, in accordance with plans and
specifications as proposed by the Agency and approved by the State and the
Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by
the Agency, the State shall have the right to perform the work subject to the
ordinary procedures of the State and Federal Highway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by
the administration of this project. The Agency agrees that the State shall have the
full authority to carry out this administration. The State shall review, process, and
approve documents required for federal aid reimbursement in accordance with
federal requirements. If the State advertises and awards the contract, the State
will further act for the Agency in all matters concerning the project as requested
by the Agency. If the Local Agency advertises and awards the project, the State
shall review the work to ensure conformity with the approved plans and
specifications.
111. Project Administration
Certain types of work and services shall be provided by the State on this
project as requested by the Agency and described in the Type of Work above. In
addition, the State will famish qualified personnel for the supervision and -
inspection of the work in progress. On Local Agency advertised and awarded
projects, the supervision and inspection shall be limited to ensuring all work is in
conformance with approved plans, specifications, and federal aid requirements.
The salary of such engineer or other supervisor and all other salaries and costs
incurred by State forces upon the project will be considered a cost thereof. All
costs related to this project incurred by employees of the State in the customary
manner on highway payrolls and vouchers shall be charged as costs of the .
Project
IV. Availability of Records
All project records in support of all costs incurred and actual expenditures
kept by the Agency are to be maintained in accordance with local government
accounting procedures prescribed by the Washington State Auditor's Office,
the U.S. Department of Transportation, and the Washington State Department
of Transportation. The records shall be open to inspection by the State and
Federal Government at all reasonable times and shall be retained and made
available for such inspection for a period of not less than three years from the
final payment of my 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:
DOT Form 140 -039 EF
Revised 10102
, Resolution/Ordinance No.
1. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
In the event that right of way acquisition, or actual construction of the mad, for
which preliminary engineering is undertaken is not started by the closing of the tenth
fiscal year following the fiscal year in which the agreement is executed, 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 DO.
The Agency agrees that all stages of construction necessary to provide the initially
planned complete facility within the limits of this project will conform to at least the
minimum values set by approved statewide design standards applicable to this class
of highways, even though such additional work is financed without federal aid
participation.
The Agency agrees that on federal aid highway construction projects, the current
federal aid regulations which apply to liquidated damages relative to the basis of
federal participation in the project cost shall be applicable in the event the contractor
fails to complete the contract within the contract time.
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and
other expenses of the State, is to be paid by the Agency and by the Federal
Government. Federal funding shall be in accordance with the 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. 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 mimimbc 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
an indirect cost plan has been approved by WSDOT.
The State will pay for State incurred costs on the projceL Fallowing
payment, the State shall bill the Federal Crovemment for reimbursement of
those costs eligible for federal participation to the extent that such costs am
attributable and property 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 DC),
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 St ithin (20) days after the
execution of the construction contract, m advance w me amount of the
Agency's share of the total construction cost based on the contract award. The
State will notify the Agency of the exact amount to be deposited with the State.
The State will pay all costs incurred under the contract upon presentation of
progress billings from the contractor. Following such payments, the State will
submit a billing to the Federal Government for the federal aid participation
share of the cost When the project is substantially completed and final actual
costs of the project can be determined, the State will present the Agency with a
final billing showing the amount due the State or the amount due the Agency.
This billing will be cleared by either a payment from the Agency to the State or
by a refund from the State to the Agency.
Method B — The Agency's share of the total construction cost as shown on
the face of this agreement shall be withheld from its monthly fuel tax
allotments. The face of this agreement establishes the months in which the
withholding shall take place and the exact amount to be withheld each month.
The extent of withholding will be confirmed by letter from the State at the time
of contract award. Upon receipt of progress billings from the contractor, the
State will submit such billings to the Federal Government for payment of its
participating portion of such billings.
Method C — The Agency may submit vouchers to the State in the format
prescribed by the State, in duplicate, not more than once per month for those
costs eligible for Federal participation to the extent that such costs are directly
attributable and properly allocable to this project. Expenditures by the local
Agency for maintenance, general administration, supervision, and other
overhead shall not be eligible for Federal participation unless claimed under a
previously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project
costs up to the amount shown on the face of this agreement. At the time of
audit, the Agency will provide documentation of all costs incurred on the
project
The State shall bill the Agency for all costs inured 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
he ineligible for federal participation (see Section rX).
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 shag 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 Office of Management
and Budget Circular A -133.
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 DQ.
VIII. Single Audit Act
The Agency, 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 suhnx ipient 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 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 the Assistant Secretary for Highways and Local Programs.
DOT Form 140.039 EF
Revised 10102
X. Traffic Control, L .ing, Marking, and Roadway
Maintenance
The Agency will not permit any changes to be made in the provisions for parking
regulations and traffic control on this project without prior approval of the State and
Federal Highway Administration. The Agency will not install or permit to be
installed any signs, signals, or markings not in conformance with the standards
approved by the Federal Highway Administration and MUTCD. The Agency will,
at its own expense, maintain the improvement covered by this agreement.
XI. Indemnity
The Agency shall hold the Federal Government and the State harmless from and
shall process and defend at its own expense all claims, demands, or suits, whether at
law or equity brought against the Agency, State, or Federal Government, arising
from the Agency's execution, performance, or failure to perform any of the
provisions of this agreement, or of any other agreement or contract connected with
this agreement, or arising by reason of the participation of the State or Federal
Government in the project, PROVIDED, nothing herein shall require the Agency to
reimburse the State or the Federal Government for damages arising out of bodily
injury to persons or damage to property caused by or resulting from the sole
negligence of the Federal Government or the State.
No liability shall attach to the State or Federal Government except as expressly
provided herein.
XII. Nondiscrimination Provision
The Agency shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of any USDOT - assisted contract and/or
agreement or in the administration of its DBE program or the requirements of 49
CFR Part 26. The Agency shall take all necessary and reasonable steps under 49
CFR Part 26 to ensure nondiscrimination in the award and administration of
USDOT- assisted contracts and agreements. The WSDOT's DBE program, as
required by 49 CFR Part 26 and as approved by USDOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation
and failure to tarty 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 rates
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 a. under the contract.
The Agency also agrees:
(1) To assist and coopemte 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
B, subpart D of the Executive Order.
Its addition; the Agency agrees that if it fails or re. , 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 pan; .
(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.
X111. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR
Part 635, Subpart 127, as supplemented, relative to the amount of Federal
participation in the project cost, shall be applicable in the event the contractor
fails to complete the contract within the contract time. Failure to include
liquidated damages provision will not relieve the Agency from reduction of
federal participation in accordance with this paragraph.
XIV. Termination for Public Convenience
The Secretary of the Washington State Department of Transportation may
terminate the contract in whole, or from time to time in part, whenever:
(1) The requisite federal funding becomes unavailable through failure of
appropriation or otherwise.
(2) The contractor is prevented from proceeding with the work as a direct
result of an Executive Order of the President with respect to the prosecution of
war or in the interest of national defense, or an Executive Order of the
President or Governor of the State with respect to the preservation of energy
resources.
(3) The contractor is prevented from proceeding with the work by reason of
a preliminary, special, or permanent restraining order of a court of competent
jurisdiction where the issuance of such order is primarily caused by the acts or
omissions of persons or agencies other than the contractor.
(4) The Secretary determines that such termination is in the best interests of
the State.
DOT Form 140 -039 EF
Revised 10102
XV. Venue for Clain.,..ndlor Causes of Action
For the convenience of the parties to this contract, it is agreed that any claims
and/or causes of action which the Local Agency has against the State of
Washington, growing out of this contract or the project with which it is
concerned, shall be brought only in the Superior Court for Thurston County.
XVI. Certification Regarding the Restrictions of the Use
of Federal Funds for Lobbying
The approving authority certifies, to the best of his or her knowledge and belief,
that.
(1) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of any federal agency, .a member of Congress, an officer or
- employee of Congress, or an employce of a member of Congress in connection with
the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, gran[,
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 art 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 - LLI, "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.
Additional Provisions
Spokane
®f Valley
11707 E Sprague Ave Suite 106 * Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhalt@spokanevalley.org
May 5, 2004
Bill McCammon
Asst. Regional Local Programs Engineer
WSDOT Eastern Region
2714 North Mayfair Street
Spokane, WA 99207 -2090
RE: Barker Road Bridge over Spokane River
Dear Bill,
Please find enclosed an executed copy of both the Local Agency Agreement and the
Project Prospectus for the above project. I apologize for the delay in getting these to you.
Please let me know if any additional information is needed before we begin work on this
project.
Sincerely,
iG�'G AGE
Steve M. Worley, P.E.
Senior Engineer(CIP)
Enclosures; Local Agency Agreement, Project Prospectus
S `�kane
,;,oOValley
11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 1 cityhait@spokanevaltey.org
Memorandum
To:
Cary Driskell, Deputy City Attorney
Thru:
Neil Kersten, Public Works Director
From:
Steve M. Worley, Senior Engineer(CIP)
CC:
Date:
April 13, 2004
Re: Barker Road Bridge Project — Local Agency Agreement w/ WSDOT
Attached are a standard Local Agency Agreement between the City of Spokane Valley and the
Washington State Department of Transportation ( WSDOT) and a Local Agency Federal Aid
Project Prospectus for the Barker Road Bridge Project. The agreement and prospectus both
needs to be signed by the Mayor, or a designee.
Upon signing this agreement the city agrees to the provisions described in the standard
agreement form and allows the city to get reimbursed with federal funds for costs associated with
the Barker Road Bridge project. We cannot proceed with the project until this agreement and
prospectus is returned to WSDOT, Highway and Local Programs Office.
Could you please prepare a resolution for Council that accepts the applicable provisions set forth
in the standard agreement and authorizes the Mayor, or a designee, to sign the application and
prospectus?
Once this is complete, I will forward the original signed documents to WSDOT for further
processing and approval on their end.
Please let me know if you have any questions. Thanks.