08-172.00 WSDOT: Broadway Ave Rehab Project 2
~ Washington State - AGENCy
~ Department of Transportation Locagency Agreement
Agency City of Spokane Va11ey CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Address 11707 E. Sprague Ave., Suite 106 . ~
Project No. L
Spokane Valley, WA 99206 IA, 6~~' b ,
Agreement No.
• For OSC WSDOT Use Only
The Local Agency having complied, or hereby aereeing 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 behveen the State and
rederal Government, relative to the ahove 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 Broadway Avenue Rehabilitation Project No 2 Length 1900' _
Termini 200' east of Fauicher Rd to 300' west of Thierman Rd
Description of Work
The project will grind 2 inches of existing pavement and overlay 2 inches of HMA. Work will include ADA
improvements to the sidewalk and addition of catchbasins with spill control separators to existing drywells.
Estimate of Funding
Type of Work (1) (2) . (3)
Estimated Total Estimated Agency , Estimated
. Project Funds Funds Federal Funds
PE a. Agency I 59,800.001 8,073.001 51,727.00
86.5 % b.Other
c. Other Federal Aid d. State d 1,000.00 135.001 865.00
Participation -
Ratio for PE e. Total PE Cost Estimate (a+p+c+d) 1 60,800.001 8,208.00 ( 52,592.00
Right of WaY f. Agency
% a. Other
h. Other ~ N
Federal Aid I. StBte ~
Participation
Ratio for RW j. Total R/W Cost Estimate (f+q+h+i)
Construction k. Contract
1. Other
m. Other n. Other ~
% o. Aqency ~
Federal Aid p, State ~ I
Participation
Ratio for CN q. Total CN Cost Estimate (k+l+m+n+o+p) I (
r- i'otal Projecf C;dst "'stimate le+lYql 1 C~,r~~L.(~u j ~3,~i~~.u~ ; ~.,~•%1.~~ .
Agency O'c' _ Washington State QQpprtment of Transportation
,
By By
Title ~~r7fic~Qp~ Assistant Secretary for Highways and Local Programs ;
oate Executed DEC 2 3 2008
DOT Fom1 140-039 EF
Revised 01I2004
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Construction Method a-f Financi.-,. %F1 (check rwerhQdSefected) State Ad and Award . .
❑ Method A- Advance Payment - Agency Share of total canstruction cost (based on contrac# award)
Method B- Withhvld frorn gas kax khe Agency's share of fotal canstruction cast (fine 4, cafumn 2) in the amount of
$ at $ . per manth for manths.
l.vcal Force or Locai Ad and Award
~ Methvd C- Agency cost incurred with par#ial re~mbursement
The Local Agency further stipulates that pursuant to said Title, 23, regoalations and poficies and procedures, and as a
condition #o payrnen# af the federal funds obliga#ed, it accepts and will comply with the applicahie pravisions set forth
belnw. Adapted by afficial action on
ResolutianfOrdfnance No.
Prorrisions
1. SG4p@ Of UVork 1. Prelimin ar}+engineering
The Ageney 5hall ,provide a II the wvrk, lahor, materials, and services necessary 2. R1ght of way acquisition,
to perForm the project which is described and sct farili in detail in ihe "Project 3. Project construction.
Deseription" and "Type of Work."
In the event that right of way acquisitkon, or actua1 cvn5truction of the rvad,
WFren the Sfate acts far and on behalf of the Agency, the State shall be faT which preliminary engineeririg is undertaken is not started by the closing of
deemed an agent of fhe Agency and shall perfarm the services described and the tenth fisca] year fo1loxing the fiseal year irt which thc agrccment is executed,
indicated in "°Type af Work" an the face of this agreement, in accardance wkth the .4gency will repay to the S#ate the 5um or sums of federal funds paid ta die
p1ans and specificatians as proposed by the Agency and approved hy ihe Statc Ageney under fhe term5 af this agrecmcnt (see 5ection IX).
and lhe Federa] Highway Adminisirati4n_
When tli e StaEe RC#5 for the Agency but iS nOt 5ubject t4 the right of cantrol by Tlie Agency agrees thait ali stages of construction necessary tv provide the
the Agency, the State 5h3lI have the right ta perforrn the woak subject to the initially planned crrmplete facility within the iunits of diis project will canform
ordinary pracedures ofthe State and Federal Highway Adrninistratian, to at lcast thc mirtirnurn values set by appraved statewide design standards
- applicable to this class af highways, even thaugh such additional wark is
rl. ❑elegation of Authority Financed without federal aid participation.
The State is willing tn fulfill the rtsponsibilitie5 tn the Federal Govemment 6y The Agency agrees thaE on federal aid hig,h,6k%yr construction project5, the
ihe administration of this projeat, TFse Agency egrees t}tat the State shalf havr the ~urreilt federal aid regulations which apply to liquidated darnages relative to the
full authority to carry out this administration. 1'he Stske shall review, process, basis of federa2 participation in the projec# cost shafl be applicabtc in the event
and approve documents required far federal aid reunbursernent in accordance the conuactor fails to complete the contract within the coatract "time,
wikh federaY requirernents. lf the State advertises and awards the contract, the
State will further act for the Agency in all mat#ers concerning the project as 11E. Payment artd Part[aI Reimbursement
requested by the Agency, if thD Loca] Agency advvrii5e5 and awards the praject,
the State shall resrzew the work to ensuse conforrnity with the appraved plans and The total co5t vf the project, includinu all review and engineering costs and
specificatians. other expenses af the State, is ta be paid by the Agency and by the Federal
~`ravernnaent. Federal funding shall be in acc+ordance~ with tkte Tw~nsportaYion
lll. PrOjeGt Adr11i11iSt1`atloi7 Equity Act for ilze 21st Century (TEA 21), as amended, and Off'~ce of
Certain l]p28 f7f wOFk $nd 5eiV1ce5 Sh3lI ~e pPOUlded by tIie 5tate an this iManagement and 8udget cucuI ars A-102, A-$7 and A-133. fhe State shall nat
pmject as requ ested by the Agency and described in the Type flf Work above. In 6e ultimatety responsible far arty of the tas#s af the project. 'I'he Agency shall be
addition, the State wil1 furnish qualified personnel for the supervision =d ultimately msponsible for all casis assmiated wilh the psoject u+hich are nor
inspection of Ehe wark in progze55. Ori Local Agency advertised and awarded reimbursed by the Federal Government_ Nothing, in this sgreement sha11 be
prajects, the supervision and in5peczion shall be 1imited ta ensuring al2 work is in con5trued as a pramise by the State as lo the smount ar nsCure of fedeTai
cvnformance with approWed plms, speGifications, and f~deral aid requirements_ particip3tion in thi5 pTOjeCt.
The salW af 5uch enginees or ather supervfsar and all ather salaries and casts The Aaency shall bi11 t17e state for federal aid groject cvsts inc4rred in
ijicurred by State forees upnn the project will be considered a cost thereof. All canformity witn applicable federal and state taws. I"he agency shail mimimize
co5t5 related to this project incurred by employees of #he S#ate in the custornary the time elapsed be#ween receipt of federal aid funds and subsequent payrnent 0 f
Manner on highway payralls and vouchers shall be charged as oosf's c+f the incurred costs_ Expenditures by the Lacal Agen:y for m~Linfenance, general
project administrafion, supervision, and okheF o+rerhead sha21 nat be eligihle for federal
111. Availability . of Records part3cipation unless an indirecf cost plan has b ec:n approved by WSDOT.
All project recards in support of all costs incurred and actual expenditures kept The State wiIi pay fdr State' incurred costs pn the project. Fallowing payment,
ioy the A,gency are io be tnflintained in accordance wi[Li 1oca1 governrnent the S#ate srrafl bitl tlse Federal Governmeflt far reimbursemerrt af thase costs
accounting procedures prescribed by the Washington State Auditar's Office, the cligible for federa1 par#icrpation to the exten# ihat such cnsts $re attrihutable and
U.S. Department of Transportation, and the Washingmn State Departrnent of properly allocab1e to this praject. The State shall bill the Agency for that portion
Tr8n5porta(aon. The record5 shall be open to inspwtion bv Ihe Stale and k'ederal of State costs whieh were not reimbLrs:d by tbe Feclf.a! Ciauem.Y:~eat.
Govemrnent at all reasanable tirnes aad sha12 be retained and made availab9e for Section L3)-
such urspectiotr far a periad af nat less than three years fTom the final payment of any federal &id funds ta the Agency. Capies afsaid rec~rd5 sht~ll 1~e furnished to
r• Project CanStructian Costs
the 5tate andlor Federal Governrttent upan request. Praject construction finarycing ivill be accamplished by one of the three
rnethod5 as indicated in this agreement.
V. Compliance wlth PravisFans
The Agency sha11 not incur any federal aid paFticipakion casts on any
classificakian ofwark on this praject until authorized in writing by the State for
each classificatifln. The cla5sificakions of work for projects are; •
OCT Farm 144-a39 EF 2
Revised 0112004
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Method A- The Agency will place with the Sta:_,- •-hin (20) days after the
, X. Traffic Control, S'igning, Marking, and Roadway
execution of the construction contract, an advance in the amount of the Agency s Maintenanee
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 The Agency will not permit any changes to be made in the provisions for
will pay ap costs incurred under the contract upon presentation of progress parking regulations and traffic control on this project without prior approval of
billings from the contractot. Following such pa}ments, the State will submit a the State and Federal Highway Administration. The Agency will not install or
billing to the Federal Govemment for the federal aid participarion share of the permit to be installed any si,gns, signals, or markings not in conformance with •
cost. When the project is substantially completed and final actual costs of the the standards approved by the Federal Highway Administration and MUTCD.
project can be determined, the State will present the Agency with a final billing The Agency will, at its own expense, maintain the improvement covered by this
showing the amount due the State or the amount due the Agency. This billing agreement,
will be cleared by either a payment from the Agency to the State or by a refund
from the State to the Agency. XI. Indemnity
The Agency shall hold die Federal Govemment and the State harmless from
Method B - The Agency's share of the total construction cost as shoNm on and shall process and dcfend at its owm expense all claims, demands, or suits,
the face of this agreement shall be withheld from its monttily fuel tax allotments. whether at law or equity brought against the Agency, State, or Federal
The face of this agreement establishes the months in which the withholding shall Government, arising from the Agency's execution, performance, or failure to
take place and the exact amount to be withheld each month. The extent of perform any of the provisions of this agreement, or of any other agreement or
withholding will be confirmed by letter from the State at the time of contract contract connected with this agreement, or arising by reason of the participation
award. Upon receipt of progress billings from the contractor, the State will of the State or Federal Government in the project, PROVIDED, nothing herein
submit such billings to the Federal Govemment for payment of its participating shall require the Agency to reimburse the State or the Federal Government for
portion of such billings. 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.
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 XII. Nondiserimination Provision
costs eligible for Federal participation to the extent that such costs are d'uectly No liability shall attach to the State or Federal Government except as
attributable and properly allocable to this project. Expenditures by the Local
Agency for maintenance, general administration, supervision, and other overhead expressly provided herein.
shall not be eligible for Federal participation unless claimed under a previously The Agency shall not discriminate on the basis of race, color, national origin,
Approved indirect cost plan. or sex in the award and performance of any USDOT-assisted contract and/or
The State shall reimburse the Agency for the Federal share of eligible project agreement or in the administration of its DBE program or the requirements of
costs up to the amount showm on the face of this agreement. At the time of audit 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under
the Agency will provide documentation of all costs incurred on the project. ~ 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 •
The State shall bill the Agency for all costs incurred by the State relative to the reference in this agreement. Implementation of this program is a legal
project. The State shall also bill the Agency for the federal funds paid by the obligation and failure to carry out its terms shall be treated as a violation of this
State to the Agency for project costs which are subsequently determined to be agreement. Upon notification to the Agency of its failure to carry out its
ineligible for federal paRicipation (sce Section IX). approved program, the Deparhnent may impose sanctions as provided for under
VII. Audit of Federal Consultant Contracts 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.
The Agency, if services of a consultant are required, shall be responsible for 3801 et seq.).
audit of the consultant's records to determine eligible federal aid costs on the The Agency hereby agrees that it will incorporate or cause to be incorporated
project. The repori of said audit shall be in the Agency's files and made into any contract for construction work, or modification thereof, as defined in
available to the State and the Federal Govemment. the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, wfiich
An audit shall be conducted by tlie WSDOT Internal Audit Office in is paid for in whole or in part with funds obtained from the Federa! Government
accordance with generally accepted governmental auditing standards as issued by or borrowed on the credit of the Federal Govemment pursuant to a grant,
the United States General Accounting Office by the Comptroller General of the contract, loan, insurance, or guarantee or understanding pursuant to any federal
United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, program involving such grant, contract, loan, insurance, or guarantee, the
and Agreement Administration; memoranda of understanding beriveen WSDOT required contract provisions for Federal-Aid Contracts (FHWA 1273), located in
and FHWA; and Office of Management and Budget Circular A-133. Chapter 44 of the I.,ocal Agency Guidelines.
1f upon audit it is found that overpayment or participation of federal money in The Agency further agrees that it will be bound by the above equal
ineligible items of cost has occurced, the Agency shall reimburse the State for the opportunity clause with respect to its owm employment practices when it
amount of such overpayment or excess participation (see Section EK). participates in federally assisted construction wrork: Provided, that if the
applicant so participating is a State or Local Government, the above equal
opportuniry clause is not applicable to any agency, instrumentaliry, or
VIII. Single Audit Act subdivision of such government which does not participate in work on or under •
The Agency, as a subrecipient of federal funds, shall adhere to the federal the contract.
Office of Management and Budget (OMB) Circular A-133 as well as all The Agency also agrees:
applicable federal and state statutes and regulations. A subrecipient who (1) To assist and cooperate actively with the State in obtaining the
expends $500,000 or more in federal awards from all sources during a given compliance of contractors and subcontractors with the equal opportunity clause
fiscal year shall have a single or program-specific audit performed for that year and rules, regulations, and relevant orders of the Secretary of Labor.
in accordance with the provisions of OMB Circular A-133. Upon conclusion of
the A-133 audit, the Agency shaU be responsible for ensuring that a copy of the (2) To furnish the State such information as it may require for the
report is transr*.?itted promptly to the SYate. supervision of such complimce and tha;t it will othenvise assist the State in ;he
discharge of its primary responsibility for securine compliance.
IX. Payment of Billing (3) To refrain from entering into any contract or contract modification
The Agency agrees that if paynent or arrangement for payment of any of the subject to Executive Order 11246 of September 24 1965 with a contractor
State's billing relative to the project (e.g., State force work, project cancellation, debarred from, or who has not demonstrated eligibility for, government
overpayment, cost ineligiblc for federal participation, etc.) is not made to the contracts and federally assisted construction contracts pursuant to the Executive
State within 45 days after the Agency has been billed, the State shatl effect Order. •
reimbursement of the total sum due from the regular monthly fuel tax allotments
to the Agency from the Motor Vehicle Fund. h'o additional Federal project (4) To carry out such sanctions and penalties for violation of the equal
funding will be approved until full payment is received unless othenvise directed opportunity clause as may be imposed upan contractors and subcontractors by
the Assistant Secretary for Highways and Local Programs. the State, Federal Hiehway Administration, or the Secretary of Labor pursuant
to Part II, subpart D of the Executive Order.
DOT Form 140-039 EF
Revised 01/2004 3
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~ In addition, the Agency agrees that if it fails or reiuses to comply with these XV. Venue for Claims erid/or Causes of Action
undertakings, the StAte may take any or all of the following actions: For the convenience of the parties to this contract, it is agreed that any claims
(a) Cancel, terminate, or suspend this agreement in whole or in part; and/or causes of action which the Local Agency has against the State of
Washingtoq growing out of this contract or the "project with which it is
(b) Refrain from extending any further assistance to the Agency under the concemed, shall be brought only in the Superior Court for Thurston County.
program with respect to which the failure or refusal occurred until satisfactory
assurance of future compliance has been received from die Agency; and XVI. Certifieation Regarding the Restrietions of the Use
. of Federal Funds for Lobbying
(c) Refer the case to the Department of Justice for appropriate legal The approving suthoriry certifies, to the best of his or her Irnowledge and
proceedings. belief, that:
XIII. Liquidated Damages (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
The Ageiicy hereby agrees that the Gquidated damages provisions of 23 CFR influence an officer or employee of any federal agency, a member of Congress,
f'art 635, Subpart 127, as supplemented, relative to the amount of Federal an officer or employee of Congress, or an employee of a membcr of Congress in
participation in the project cost, shall be applicable in the event the contractor connection with the awarding of any federal contract, the ma}:ing of any federal
fails to complctc the contract within the contract time. Failure to include grant, the making of any federal loan, the entering into of any cooperative
liquidated damages provision will not relieve the Agency from reduction of agreement, and the extension, continuation, renewal, amendment, or
federal participation in accordance with this paragraph. modification of any federal contract, grant, loan, or cooperative ageement.
XIV. Termination for Publie Convenience (2) If any funds other than federal appropriated funds have been paid or will
The Secretary of the Washineton State Department of Transportation may be paid to any person for influencing or attempting to influence an officer or
terminate the contract in whole, or from time to time in part, whenever: employee of any federal agency, a member of Congress, an officer or employee
(1) The requisite federal funding becomes unavailable through failure of of Congress, or an employee of a member of Congress in•connection with this
appropriation or otherwise. . federal contract, grar►t, loan, or cooperative agreemenc, the undersigned shall
complete Rnd submit the Standard Form - LLL, Disclosure Form to Report
(2) The contractor is prevented from proceeding with the work as a direct Lobbying," in accordance with its instructions.
result of an Executive Order of the President with respect to the proseculion of
war or in the interest of national defense, or an Executive Order of the President (3) The undersigned shall require that the language of this certification be
or Governor of the Stnte with respect to the preservation of energy resources. included in the aH•ard documents for all subawards at all tiers (including
subgrants, and contracts and subcontracts under grants, subgrants, loans, and
(3) The contractor is prevented from proceeding with the worl: by reason of a cooperative agreemenu) which exceed $100,000, and that all such subrecipients
preliminary, special, or permanent restraining order of a court of competent shall certify and disclose accordingly.
jurisdiction where the issuance of such order is primarily cAUSed by the acts or This certification is a material representation of fact upon which reliance was
omissions of persons or agencies other than the contractor.' placed when this transaction wa.s made or entered into. Submission of this
(4) The Secretary determines that such,temiination is in the best interests of certification as a prerequisite for making or entering inlo this transaction
the State. 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 cach such failure.
Additional Provisions DOT Form 140-039 EF 4
Revised 01/2004