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17-142.03 WSDOT: Barker/BNSF Grade Separation • A(ifiNcv 17— I4c) . e.3 w MoZe Washington State Local AgencyAgreement Supplement wir Department of Transportation 9 pp Agency Supplement Number City of Spokane Valley 3 Federal Aid Project Number Agreement Number CFDA No. 20.205/20.933 REP&HLP-TIGERIX-4123(005) LA 9095 (Catalog of Federal Domestic Assistance) The Local Agency requests to supplement the agreement entered into and executed on 7/21/2017 All provisions in the basic agreement remain in effect except as modified by this supplement. The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment (2 CFR Part 180). Additional changes to the agreement are as follows. Project Description Name Barker Road/BNSF Grade Separation Length 0.50 Miles Termini BNSF to SR 290(Trent Ave) Description of Work ✓ No Change Reason for Supplement Increase PE funds to convert from City administered hid,award and construction management plans and specifications to WSDOT administering. Additional ROW funds are needed based on actual costs Are you claiming indirect cost rate? fl Yes ✓ No Project Agreement End Date 12/31/2022 Does this change require additional Right of Way or Easements?i Yes ✓ No Advertisement Date: Estimate of Funding (1) (3) (4) (5) Type of Work Previous (2) Estimated Total Estimated Agency Estimated Federal Agreement/Suppl Supplement Project Funds Funds Funds PE a.Agency 0.00 b Other 0.00 Federal Aid c Other 0.00 Participation 0.00 Ratio for PE d State e.Total PE Cost Estimate(a+b+c+d) 0.00 0.00 ,60$00 0. 0 0.00 Right of Way f Agency o g.Other Federal Aid h Other Participation Ratio for RW i State0 00 Total RIW Cost Estimate(f+q+h+,) 0.00 0*\ 0.00 0.00 0.00 Constructiono k Contract 0.00 I Other 0 00 m.Other 0.00 Federal Aid n Other 0.00 Participation Ratio for CN o.Agency •0.00 p.State 000 q.Total CN Cost Estimate(k+i+m+n+o+pl 0.00 0.00 000 0.00 0.00 r Total Project Cost Estimate(e+i+al 0.00 0.00 0 00 0.00 0.00 The Local 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. Agency Officiali , , Washingt• • St. e Departme of Transportation By w tr'�(T By Title City Manager Director, Local 'rogram Date Executed DOT Form 140-041 NOV 0 4 2019 Page 1 Revised 03/2019 • Agency 'Supplement Number ' City of Spokane Valley 3 ed � ---- /z,o. q 33 Federal Aid Project Number Agreement Number CFDA No 20.205 REP &HLP-TIGERIX-4123(005) LA 9095 (Catalogof Federal Domestic Assistance) 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 Federal Transportation Act, as amended, 2 CFR Part 200. 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 minimize 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 a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200- Uniform Admin. Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly 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 IX). 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 shall 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 2 CFR Part 200.501 -Audit Requirements 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. 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 by the Director, Local Programs. Project Agreement End Date-This date is based on your projects Period of Performance (2 CFR Part 200.309) Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement.All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they become ineligible for federal reimbursement. VIII. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations.A subrecipient who expends$750,000 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 2 CFR Part 200 501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. XVII. Assurances Local Agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration)are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA). DOT Form 140-041 Page 2 Revised 03/2019 4111111►. ' Washington State FD.partmont of Transportation Exhibit'A' Agency:City of Spokane Valley Project Title:Barker Road/BNSF Grade Separation Federal-Aid#:REP&HLP-TIGERIX-4123(005) LAA It: LA 9095,Supplement No.3 Estimate of Funding Type of Work (1) (2) (3) (4) (5) (6) PREVIOUS AGREEMENT/ SUPPLEMENT ESTIMATED TOTAL EST V.A-ED ES'NA-ED ESTIMATED SUPPLEMENT PROJECT FUNDS ;:'A-.1.I:.IN;;S FEDERAL FUNDS PE a Agency(Leg) $75,000.00 $75,000 00 575,000 00 b Agency(DEMO) $75,000.00 $75,000 00 $75,000 00 _ C. Other:Consultant(DEMO) $483,000.00 -$45,000 00 S438,000 00 $438,000.00 d Other Consultant(Leg) 51,257,000 00 $1,257,000 00 S1,257,000 00 100% e Other Consultant(TIGER) $620,000 00 $620,000.00 S620,000 00 Federal Aid 1 Other Consultant(Agency) $120,000.00 $120,000 00 5120,000 00 Participation g State(DEMO) $25,000 00 $45,000 00 $70,000 00 570,000 00 Ratio for PC h Total PE Cost Est (a thru g.) $2,535,000.00 $120,000.00 S2,655,000.00 $120,000.00 $1,332,000.00 $1,203,000.00 Right-of-Way i Agency(Leg) 514,000 00 514,000 00 $14,000 00 1 Other Consultant-Prof Services(Leg.) $115,000 00 51 15,000 00 S 115,000 00 k Other Consultant-Prof Services(DEMO) $60,000 00 $60,000 00 560,000 00 1 kk Other Consultant-Prof Services(Agency) 590,100 00 $90,100 00 $90,100 00 I Other:ROW Acquisitions(TIGER) $1,832,00000 $1,832,000 00 $1,832,000 00 100% m Other ROW Acquisitions(DEMO) S76,921 00 576,921 00 S76,921 00 Federal Aid n Other ROW Acquisitions(Agency) $91,991.00 $91,991.00 S91,991 00 Participation o State(Leg) S39,000 00 $39,000 00 $39,000 00 Ratio for RW p Total R/W Cost Est.0 thru o.) $2,136,921.00 $182,091.00 52,319,912.00 S182,091.00 $168,000.00 51,968,921.00 Construction q Contract(TIGER) $0 00 r Contract(NHFB) $0 00 s. Contract(FMSIB) $0 00 t Contract(Eligible,Non-Participate) 50 00 u Other Consultant(NHFB) $0 00 ✓ Other:Consultant(FMSIB) $0.00 t::)% w Agency(NHFB) 5000 Federal Aid x Agency(FMSIB) $0 00 Participation y State(Freight) $0 00 Ratio for CN z Total Const.Cost Est.(q thru y) 50.00 $0.00 S0.00 $0.00 S0.00 $0.00 Total Project Cost Estimate(h+p+z) $4,671,921.00 $302,091.00 $4,974,012.01) 5302,091.00 $1,500,000.00 53,171,921.00 DOT Form 140-041 Revised 2015