09-107.00 WSDOT Sprague Ave Resurfacing Ph 1 University to Evergreen `
~
AML~61
w Local A9encY A9reement
d
Agency Crty of Spokane Valley CFDA No 20 205
(Catalog of Federal Domestic Assistance)
Address C/O Public Works Department Project No ~3 e
11707 E S ra e Aveneue, Suite 106 Agreement No LA -680 7
Spokane Val lev. WA 99206 For 03C WSDOT Use Only
?he I,aca! Agency having complicd, or hereby agreewg tn comply, with the terms and conditions set forth in (l) Tide 23, U S Code Highways, (2)
the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102 A-87 aad A•133, (4) the policies and procedures
promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered u►to behveen the State and
I'ederal Govemment, relahve to the abave project, the Washmgton State Department of Transportauon %tiill authori7e the Local Agency to proceed on
the proaect by a separate nohfication Federal funds wfiich are to be obligated for the project may not exceed the amount shown herein on Lne r
column 3, withaut wntten authonty by the State subject to the approval of the Federal Highway A,dmmistrahon. All pmject costs nat reunbursed by
tbe Federal Governmeni sball be the responsibiLty of the Loeal Agency
ProJect Description
Name SpraZue Avenue ResurfacinE- Phase 1 Length 2 miles
Termtni Univecsrty to Ever$reen Road ,
Description of Work
This project will grind and uilay a mtnunum of 2lnches of HMA Traffic island modtfications, hanchcap ramp
upgrades, signal loops, and mterconnect condwt installatton atong vath stormwater upgrades wi11 take place
Estimate of Funding
Type of Work Estimate~ci Tota( Estmated~Agency EstiCmated
Project Funds Funds Federal Funds
PE _a Agengy 82260 00} 8.26000 000
0b Other Consulbnt 81,740 00 81.740 00
c Other .
Federat Ald d State
Partldpatlon - - -
Ratlo for PE e Totai PE Cost Esfimate la+b+c+dl I 90.000 00 W000 00
I ~ I
Right of Way f Agency _ -
% a Other ~ -
h Other ~ _ _ Federal Aid i State ~
Participation - ¢ -
Ratio for RW ~ Total R/W Cost Estlmate (f+q+h+i)
ConstrucUon k Contract 2,889,000 00 2}889.000 00
I Other Lligible non partrcipahng ~ 141,400001 141,400001
m Other
n Other
,
100 % o Agency ~
Federal Aid - S~~ I 1,000 00 1 ~ 1,00000
PaRicipation p -
RaUo for CN a Total CN Cost Estimate (k+l+m+n+o+p) ~ 3,031,400 00 ~ 141,400 00 1 2.890,000 00
r Total Prolect Cost Estlmate (e+I+a) ~ 3,121.400 001 231.400 001 2,890.000 00,
Agen icial Washington State pa ent of Transportation
1 ~-2L
By
1M~ By '
Title Assistant Secretary for ighways and Local Programs
(itv^of f9pnkAne Vallq Date Executed Qr R 0 6 2W9
DOT Fomn 140-039 EF 1
Revised 09/2008
c-c~ - I vl
. ~
Lonstruction Method of Financing (Check Method Selected)
State Ad and Award
❑ Methad A- Advance Payment Agency Share of totai consbuckion cost (based on contrad award)
❑ Method B Withhoid from qas tax the AQency's share of total construcbon cost (line 4 cofumn 2) in the amount of
$ at $ per month for months
Local Force or Local Ad and Award
~ Method C Aaencv cost incumed wrth oarbal reimbursement
The Local Agency further stipulates that pursuant to safd Title 23, regulations and poiicies and procedures and as
a conditon to payment of the federat funds obiigated it acoepts and will compty wdh the applipble provislons set
forth below Adopted by official action on
Resolution/Ordinance No
Provisions
I SCOp9 of WOrk i Prelrrainary engineenng
'(he Agency shall ptovide all the %&or1c, labor matenols, and services 2 Right of way acquisition
necessary to perforrn the project which is descnlyd and set fnrth in detatl in thc. ; Project construcUan
`Projtct Descnptian" and "Type of wark In thp event thni nght of way acquisittan, or actual canstruchon of tht raad
When ttre Stnte acts for and on behalf of the Agency the State shall be far whieh pneluncnary enganeenng is undertaken ts not started by the ciosing of
deemed an ageTtt of the Agency aad shati perferm the services descnbed and the tenth fisr,al Seur faUowmg the fiseull year in wtiich the ageement ts
mdicoted in "Type of Work on the faee of this agreemtnt, tn aceQrdance w ith executed the Agency will repay to che Sttite the sum er sums of federnl funds
pleru csnd sge4itieations us proposed by the Agency acid appraved by the Staio Paid to the Agency under the terms of lhis agreement (see Seenon IX)
and 1he Federal Righv►ay Adminismtion
When the State acts for the Agency but is not subjed to the nght of control The Ageney agrees that all scages of constnrction necessary to provide the
b) the Agency the State shall hnae the rEght to perform the %tork subJect to the iniualfy planned complete facility wittun the linuts of thts project will canfnrm
orcunary procodwes ofthe State and Federal Aighway AdministraUon. to at least the minimum values set by apgroved statewide design stendards
Authori appticable to thts ciass of highu~ys even though such addiuortnl w~ork is
II DeleAation of tY financed -without federaf aid panccipation
The State is wiliing to fulfill the responsibilities to the Federal Govemrnent The Agency agrees that on federal nid lughHuy conswchon projects the
by the adtmmsmon of thm projecL The Ageney amees thnt the State shall current federal aid regulatians which spply to Iiyuidated demages rclcwvc to
have the full aut}tonty to carry out thts admimsirauen The State shaU review basis of federal participateon in the project eost shall be applicabte w the
pmcess and apprave documents teqwred fnr federal aid reimbursement in event the oontractor fads to complete the contract wathin the contraet tcme
accordanr.e vAth federal reqwrements if the St€ite advcrrises antl awards the
contract, the Ssate will further act far the Agmcy in all mattrrs concemmg the VI Payment and Partial Reimburaement
praJect as reqteested by the Agency If the Lecal Agency edvertsses and awartifs The total cast of the project, ineludmg all review and englneenng costs and
the praJeet, the State shall review the wark t¢ ensure conformrty Nvrth the other expenses of ft State, is to be gaid by the Agency and by the Federal
approved plans and speeifications Government Federal funding shall be m accordanco v6vh the Federal
III Project AdmMistratlon Transportation Act, as amended and Office of Managemetn and Budpt
Certaut types of u-ork artd secvice5 shall be provided by the State on tfiis cumulars A 102 A 87 und A 133 The Statc shall nnt be ultimatel} rcsponsible project as requested by the Agency and desenbed in the Type of Wark above for any of the casls of the project lbe Agenc} shall be ultimately responsible
for ~ll e~sts associated vv~tt~ the project wtuch are not reunbursed by the
In additttm, the State ~vill i~ush qualificd persannel for the superv~sian and F~~ ~vemraent Nothmg m tlus a~eement shall be cor~strned as a
inspectian of the ~~ork in progress On Lc~cal Agency advertised and awarcled
projerts the supemsian end inspection shali be Itmned to euunng all w+orrk is proffuse by the State ris to the amount ar taturc of federal partictpatien in thas
m confarniance %vtth approved plans specifications and federal aid project
requtremerns The salary of such eneineer or other supervisor and all other The Agency shall bill the smte for federal aid project costs incurrd in
salwnas and casts ineumd bv Ssnte forces upon ths project will be considertd a canfannrty riith appl►cable federa7 arrsd state la~%Ti. The ngen:.y shall minunize
eQSi thereof All costs relatef to tlus project incurred by empfayees of the State thc ame elapsed beuvven receipt offederW aid funds attd subsequent payment
wn the eustnmary manner on tugh«ay gayrolls and vouchecs shnlt be cbnrged as of incumed costs Expenslttures by thc Locttl Ageney for marntenance, gerteral
costs of the project admimstradan, supcn ision, and other ovcrhead sha11 not be eligibie far federal
Of Reeords p~ciptwon unless a cunent mdirzet co~~t plan hss been prepared ~n
IV Availablltty accordancP with the regulations outlmed in the federal Offce of Managemtnt
All project records tn suppart of all costs ineurred and ectual expendthires & Budget (OMB) circular A-87 cind rataineci for audit
kept try the Agency nre to be rnauntainad m accordance with local govemment The State wili pay for State tncumed costs on the project Follow►qg
accaundng procedures prescribed bY the Washington State Auditor s Office the payment, the State shall bill the Federal Govemment for reunbursement af
U S Degartment of Transpartattan, and the Washington State Oepartmem of those costs eligible fQr federal participatyon to the extent thni such coits are
Transportation The resords shall be open to inspection by thee State and Federtil attribumble and properly allocable to this projecL The State shnll biil the
Govemment at all reasonable dmes and shall be retained and mnde avFUtuble fbr Agency for that pomon of State costs wluch were nat reimbursed by the
such mspxnan for a penod ofnat less than three years Gom the firml payment tedercil Go% emment (see SecUon DC)
of arry ftderal aid funds to the Agenc} Capies of seid records stiall be
fumuhed to the State andlor Federnl Government upon requesG 1 Project Construcuon Costs
V Compliance with Provisions Project consuucuon financung wnU be aecamplished by one of the three
s as md~cated m th~s agreement
method
The Ag,ency shall not tncur anv federal acd partic~abon costs on any
ciassiScanon of «vrk on Llus project unW uuthonzed m wnang by the Stau for
each classificanorL Ttte classLfications of werk for projects are
DOT Form 140-039 EF 2
Revtaed 09/2008
♦fethod A-'Ihe Agcncy will place vhth the State witlun (20) days aRer the X Trafflc Control, Signing, Merking, and Roadway
txerution of the constructian contract, an advance m the amount of the
Agency s share of the wml ecrostruction cost based on the canvact award The Maintenanee
5tatc wzll notify the Agenay of the exact amc>unt to be deposittrd vvith the State The Ageney voil not permic nny changes m be mede in the provisions for
The State vvill pay all costs trtetured under the eormact upen presentation of par3nng regulnUOns arid traffic contr+ol on this project vwthout pnot approval of
progress billings from the coatractor Following such payments the State wiU the State and Federal Highway AdmuusueUon. The Ageacy will not uutall or
submit a billing to the Federal Govtrnment for the federal aid partictpatian permit to bt insttilled any signs signals, or marlungs not in canformance wtth
share of the cQSt When the pro}ect Ls substantialIy campleted and final actual the standards appreved by the Federal Righwa~ Admmtstraaon and MUTCD
costts of the praject can be determined, the State wti'il present the Ageacy wnth a The Agency will, at its owr expense mamtaun the improvement covered by
final billing showing the amaunt due the Sfate or the amount due the Agcncy this agrerment
Thu billing w11l bE cleartd try either a puyment from the Agency to the State or
by a refund from the State to the Agency XI IndemnitY
The Agency shall hold the Fedcral Government aad the Smte harmkss fram
Method B- T?ie Agency s shara of the total conswshon cost as shown on °"d shall process and defend at its own axpense all elwms demands, or suits,
the face of thts agrecment shall be withheld from its monthly fuel tax `"b~~~ ~low or equiry brought aga= the Agenc) State or Fedetal
allotments 'Ihe face of ttus egmement establrshes the months in which the Government ansmg from the Ageney s exeeuaon performance or failttt+e to
wnthholding shull take place and the exact amount to be wuhheld each month. Perfonn any Qf the provisions of ttus agreement, or of any ather agmment or
Thc eRtent ofwithhholding will be cunfirmed tfy letter fr+om the State at the tune contract coanected with thts agrei;ment, or ansing by reason of the
of cantract award. Upon receipt of progress billings from the contcactor the PartiriFation of the State or Federal Government in the project, PROVIDED
State w111 subnut sueh billtng,s ta the Fcderal GaNemment for payment of its nothing herem shctll reqwre the Agency to teimbur5e the Swte or the Federal
pariieipaLng portion of such billings Go%emment far dameges ans,ng aut of bodity mjury to persons or dFUnage to
proRerty caused by or resulting from the sole negligence of the Tederal
Metbod C - The Agency may submit vauchen to dtz State in the format r'°%emment or dzc State
prascnbed bv the Stule in duplucste, not mnre than once per month farthose XII NondiscNminatlon Provision
costs elagible for Fedaral particspavan co the extent that sueh casts arz dueclly No Iiabihty shall attach ta the State or Federal Governmeat except ns
attnbutabte and properly allocable to this project Expenditures by the Local
Agency for maintenance, general admin►straUan, supernsion, ar:d oiher Provtded herein
oierhead shall not be eligible for Federal participat,on unless clauned under e The Agency shnlE nnt discnmmate on the bosis of race color national
Rreviously approvad tndirect cost plan ongin or sex in the nw-ard and performuncc of uny USDOT 3sststed contract
Thc State shall reunburse the Agenc1r for the Fedacal share of eLgible pmject andtar agreeement or in the admmistrauen of its DHE program or the
costs up m the amaunt shoHr on the fBCe of thLs agreemeat At the time of reqwrenems of 49 CFR Part 26 The Agency sM tal.e all necessao artd
audct, the Agency will pmvide documentahon of all cosu tncurred on the teas°nable steps under 49 CFR Part 26 to enswe Qondiscnmination in the
eward and administraaon of USdUT assLsted contracts and agreements The
project WSDOT s DBE program as rzquired by 49 CFtt Part 26 and as appra~ed by
The State s6a11 bill the Agency for all costs mcumed l~y the State relabve to USAOT is ~ncarpc~rated by referencc in this agreement Implemertuiuon af
the project The State shall also bill the Agenc}~ for the federtil funds paid by the this Frogram is a legal obhgatirna and fmlure to curry out its tcrms shall be
Suue to the Agency for project costs which are subsoquently determined to be umted as e viotation of this agreement Upon noaficanon to the Agency of tts
ineligible far federal parncipation (see Scxhon IX) failure to carry aut its approved program, the DeFsrtment may impose
VII Audit ot Federel Consultant Corrtracts sanchens as pro~ ided fiar under Pacc 26 and mmayy in appropriabe cases refer the
mcitter fbr enforcemam under 18 I1 S C 1001 and9or the Program Fraud Grvd
The Agency if services of a cansultaru arc reqwred shall be nzmnsible for Remedies Act of 1986 (31 Lf S C 3861 et seq )
audht of the consultant s recArds to determine eligible federal aid costs on the ~~ency hereby agtees that it will ineomorate or cause to be
praject The report of said audit shall be in the Agency s files and mede incorpotate.d inio nny cantract for censtrurUrnn i&ark, or modification themf
availoble to the Stete aad the Tcderal Gevrrnment os defined w the rulps and regulanons of the Secrttary of Labor in 41 CFR
An nudrt shall be conducted by the WSDOT Intemul Audit Office in Chopter 60 wiuch ts paid for tn %vhole or m part with funds obtwned from the
accordance with genecaUv accepted go~ernmental sudihng stendards as issued Federul Govrmment or borrowed on the eredit of the Fedcral Govemment
by the Unctcd Ststes General Accounting Office by the Comptrnlles GenerW of pursuant ta a grant, conuact, loan insurance, Qr guarantee or understanding
the iBnited Staus WSDAT Manual M 27 SO Cansulwnt Aulharmation pursunnt to eny federal program mvolvmg such grant, contract. laan, msucance
Seloction, and A$reement AdmmistraLon, memaranda of understanding or guamntee the reqwred contract provtsions for Federal Aid Cantracts
between A SDQT and 1'MVA and Office of Managemerit and Budget Ciraular (Fi°IWA 1273) located tn Chapter 44 of the l.ocal Agency Gwdelines
A 133
lf upnn sudit it is fouad that ovetpaymem or partic►pahan of federal money The Agency furthcr agees thcit it wn11 be bound by the above equal
in meUgible items of cost has occurred the Agney shali rclmburse the State for oppartunity clause wzth respect to ns own employment pracnces wfien it
the amount of such overpaymenc or excess parttcipation (see Section IX) participates m federaliy essmad eonstruraon Kvrk Frovided, that if the
appUeunt so perucipcruna is n Stote or I.ocal Gavernment, the abave equal
oppartunit) clause is no1 applirable to any agency instrumentuliry or
VIII Single Audit Aet subdrvision of such govemment which dciees not partieipate in work on nr under
The Agency as a subrecipicat of federal Rrnds, shall adhere W the federal the centract
Office af Manegement and Hudget (O'VIB) Grcular A 133 as well as all 'lhe Agency aiso agrees
epphcable fefleral und srmte statvtes and reguletioas A subreciptent wha
expends $500 OOq or more in fecieral uwards fmm all sources dunng a grven To ass~st artd cooperatt acn~ ely w~th the State ~a ohiauiu~g the
fiscal year shall have a single or pro~am specdic audit perfnrmed for that year COmphance of contractors and subcontractors «1th the equal oppottumly clause
m aocordance with the pravisi~u of O'HB Cueulnr A 133 Upon eanclusien of °nd rules, regulut~or~ and relevunt ardcrs of the Sxretary of Labor
the A-133 audit, the Agency Shall be rsponsible for ensunng that a capy of the (2) To fumish the Statr such informaziun as rt may requue for the
raport is transmitted pmmpd} to the State supervision of such compLance and that n wdl othenvise assist the State m the
IX d~harge of its pnmary respansybilih far secunng campliancc
Peyment Of 8illl~g (3) To refra~n from entenng mto any contract or cantract modifcanon
The Agency agrees tht►t if pavmaat or arranganent far payment of any of the sub~ect to Execubve Chder 11246 of Septeanber 24 1465 ~vtth a cantractar
S~te s billing rclabve to the projcct (e S. Smte force K~oric, project eancelialiQn debArred trom, nr who has not demonstrated eligibiiity far, government
overgayment, cost ineliLnble for federal participation, ete ) is nat made to the contn►cts and federall) assuted construction cantracts pursuent to the
State withm 45 days after the Agency has been billed the 5tate shnll eft'ect Executive Order
rcunbursement of the tomi sum due from the rzgulur mQndily fuel ta.~c (4) To esirry oat such sanetions and penaltics for violation of the equal
allounents to the Agency from ►he Motor Veiucle Fund No additional Fedeml
projeet futtding wtll be approved until full payment Ls recerved untess othenwise °PPartwutY cleuse as muy be imposed upan eontractars and subcontraetors by
directal the Assistant Sxretary for Hi@hwnys and Lacal Programs the StBte, fedetal Htghway AdministraUon, or the Secretary of I,abor pursuant
to Part [I, subpart D of the Executive Ordor
DOT Fortn 14Q039 EF
Revised 0912008 3
.
w
In adduien, ttte Ageer►cy agrees that if it faiis or refuses to comply with these XV Venue for Clalms and/or Causes of Action
undertatnngs the Statc may take any or all of the foUowing acuons for th,e converuence of the pames to this cantraet, it is ageed that any
(a) Cancrl terminate or suspend this egreement in whule ar m pFUt, clauns andlor causes of ecpan which the [,acal Agency has agaznst the Statc of
Weshington, growing out of this contract or the project wrth v►iuch it is
(b) Refrain 5nm extendmg any further assistance to the Agency under thr concemed shall be braught only in the Supenor Court for'Ihurston County
pragram %wth respect w wfiu.h thc ftulure er reflLsal occuffed undl sabsfactory
assurance of futwe complianre has been rtLeived from the Agcrtcy and XVI Certlflcation Regarding the ResWetions of the Use
of Federal Funds for Lobbying
(e) Refer the case to the Qtparmtcrt of JusUCe for appropnate lepal 'Ihc appravmg auihonty crmfies to the best of hts or hrr imowtedge and
proceedings behef, that
XIII Ltquidated Damages (1) No federal appW►etad Cunds have been paid or v►,ill be paid, by or on
The a her~eby agrzes that the liquidated damag,rs provLsuons of 23 CFR behalf of the undersigned, to any persQn for influcncuig or attemptu~g w
Age cy mfluence an officer ar employeo of aciy federal a§eney e menber of Congress,
Part 635 Subpart 127 as supplemercted relatwe to the amount of Federa! an officcr or employee of Congress, or an emplcryee ofa member of Congress
participabon in the pnoJect cost, shall be epplicable in the event the contractor in cannecnon --vith the awarding of any federal cnauact, the maEnng of any
fuls to campleta the cuntract xilhin the contract time Fadure to include federal giant, the malang of any ftderal laan, the entering into of anv
liquidated dameges provision wtll not relieve the Agoncy &am roducuon of cooperatrve agreement, and the extension contmunuon, renewal amcndmcnt,
fe@tral participaUon in accordance with this paragraph. or modification of any federal contract, grant loan, or caoperanve ugrecmeni.
XIV Ternninatlon for Public Convenience (2) lf arty fiuids other than federal appropnnted funds have beex paid or «i11
The Secrctary of the WcisFungten Smte Department of T'ransportation may be paid to any person for utluencing or attempting to inlluence an officxr ar
terminate the contract in whole or from tune to tune in part, wficne%er employet of any federal agency a member of Gangress en offieer or emplayee
(1) The rcquisite foderal fundtng becames unavailable thrnugh fnilure of of Congress, or an emplayee of a member of Cangress ►n cennechon %vrth this
epprapnauon or othenwise federal comract, granc toan, or caoperatrve agreement the undersigned shall
compiete and subaut the Standar+d Form Li.L D►sclosure Form tu Report
(2) The contmctor is prevented fram procetdutg vwth the wark as a direct Lobb} mg," u► accordance with its instrucdons
rcsult of an ExecuUve Order of the President with respect to the prosecuUnn of
war ar in dte interest ofnaiiannl deferue ar an Execuuve Order of the Prtsident (3) 'Ihe undersignrd shall requue thst tbc lenguage of this certificatiQn be
or GAVemor of the State %ath respert to ttte preservation of energy resources inLluded tn the eHard documents for all subawards at all tters (mcludmg
subgants, snd conta►ets and subcc►nuucts under grants, subgrants, loans, and
(3) '1?te contracwr iS preti ented from praceeding wrdh the work by reasan of cooperative agreements) wtuch excecd $100 000 and chat ail such
a preliminury special ar prrmanent restraming order of a caurt of campetent subrecipients shall cernfjr and disclose accortiingly
Junsdiction wfiere the issuance of such otder ts prtmanly caused by the acts ac Tlus eerttficatiottt u a matena) representattQn of faet upon which relinnce
omissions of persons or ageneies other than tht contractar was placed when this transaction %cas made or eniered into SubmwiQn of thfs
(4) The Sacratary determines thai such termuinuon is in the best interests of eertifiearien as a prereqwsitc for malung or entenng into thts fransacuon
the State imposed by Sectian 1352 Title 31 U S Code Any persan w-ho faiis to Gle the
requued cftf catian shali be subject to a cwd penalty of not less thnn $10 040
and not mon than $100 000 far each such faIture
Additionai Provisions
~
DOT Fortn 140-039 EF 4
Revtsed 0912008