08-042.00 WSDOT: Broadway Ave Rehabilitation Ph 1cy Federal Aid
eject Prospectus
DOT Form 140 -101 EF Page 1 of 3
Revised 1/2007
Prefix
Route ( )
3846 Date 4/30/2008
( WSDOT / Federal Employer REDACTED
`Use Onl J Tax ID Number
Federal Aid
Project Number
STPUS
Local A enc
Project Number
06
SRTC -9
Agency
City of Spokane Valley
Federal Program Title
N 20.205 ❑ 20.209 ❑ Other
Project Title
Broadway Avenue Rehab Project # 1:
EB /Off Ramp to Park Road
I -90
Start Latitude N47 39'49"
End Latitude N4739'51"
Start Longitude W117 18'39"
End Longitude W11718'15"
Project Termini From
1 -90 East Bound Ramp
To
Park Road
From: To:
1.67 2.01
Length of Project
0.34
Award Type
1 N Local ❑ Local Forces ❑ State ❑ Railroad
Federal Agency
N FHWA ❑ Others
City Number
1221
County Number
32
County Name
Spokane
WSDOT Region
Eastern Region
Congressional District
5
Legislative
4
Districts
Urban Area Number
2
TMA / MPO / RTPO
SRTC
Phase
Total
Estimated Cost
Nearest Hundred Dollar
Local Agency
Funding
Nearest Hundred Dollar)
Federal Funds
(Nearest Hundred Dollar)
Phase Start
Date
Month Year
P. E.
$74,100
$10,000
$64,100
4/22/2008
RIW
$0
$0
$0
0
Const.
$667,100
$90,100
$577,000
9/2008
Total
$741,200 1
$100,100
1 $641,100
Description of Existing Facility
(Existing Design and Present Condition)
Roadway Width
44
Number of Lanes
4
Broadway Avenue between I -90 and Park
structural condition of Broadway Avenue is
methods and a remaining life of 6 years based
patching and alligator cracking. There is also
above problems, there is high wheel path flushing
Road is a four -lane, principal art erial in the City of Spokane Valley. The current
poor, with a pavement surface condition ratinf of 29.7 based on WSDOT rating
on non - destructive testing. There are numerous areas of longitudinal cracking,
raveling of the asphalt joints the entire length of the roadway. In addition to the
and rutting in this section of roadway.
Description of Proposed Work
Description of Proposed Work (Attach additional
This project proposes to improve 0.34 miles
pavement.
Local Agency Contact Person
Steve M. Worley, PE
Mailing Address
11707 E. Sprague Avenue, Suite 304
sheet(s) if necessary)
of roadway by grinding and overlavine the road with 2 to 3 inches of asphalt concrete
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 am
redacted or withheld documents pursuant to Spokane Valle
Title Municipal Code (SVMC) 2.75.080; and obtain judicial reviev
Senior Engineer, C pursuant to RCW 42.56.550.
City Mate up uoae
Spokane Valley WA 99206
Project Prospectus Approval
By
roving Authority
�I
Title /� 6Q C_ �� i/�/� Date v
DOT Form 140 -101 EF Page 1 of 3
Revised 1/2007
Washington State AGENCY
Department of Transportation
Agency City of Spokane Valley
Address 11707 E. Sprague Ave., Suite 106
Spokane Valley, WA 99206
LocaAgency Agreement
CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Project No 5TPt) 5 S0117
Agreement No. M 6673
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 Broadway Avenue Rehabilitation Project No. I Length 0.34
Termini 1 -90 East Bound Ramp to Park Road
Description of Work
This project will grind and overlay the existing road with asphalt concrete pavement.
Type of Work
Estimate of Funding
(t)
Estimated Total
Project Funds
(2)
Estimated Agency
Funds
(3)
Estimated
Federal Funds
PE a. Agency
74,100.00
10,003.00
64,097.00
86.5 % b. Other
c. Other
Federal Aid d. State
Participation
1,000.00
135.00
865.00
Ratio for PE e. Total PE Cost Estimate a +b +c +d
75,100.00
10,138.001
64,962.00
Right of Way fAgency
% q. Other
h. Other
Federal Aid 1. State
Participation
Ratio for RW '. Total R/W Cost Estimate f+ +h +i
Construction k. Contract
I. Other
m. Other
n. Other
% o. Agency
Federal Aid ,State
Participation
Ratio for CN q. Total CN Cost Estimate k +l +m +n +o+
r. Total Project Cost Estimate (e +j +q) 1
75,100.001
10,138.001
64,962.00
Washington State Dep tment of Transp rtation
By - —
Assistant Secretary for Highways and Local Programs
Date Executed Jur. -1 Kf j Q (lam
DOT Form 140 -038 EF 1
Revised 0112004
Construction Method of Financing (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 Agency's share of total construction cost (line 4, column 2) in the amount of
at $
Local Force or Local Ad and Award
® Method C - Agency cost incurred with partial reimbursement
Provisions
per month for
months.
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 set forth
below. Adopted by official action on
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 Stare 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.
III. Project Administration
Certain types of work and services shall be provided by the State on this
project m requested by the Agency and described in the Type of Work above. In
addition, the State will fumish 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
any federal aid funds to the Agency. Copies of said records shall be famished to
the State and/or Federal Govemment 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 01/2004
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 road,
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 IX).
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 Govemment. Nothing in this agreement shall he
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 mimimize
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 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 Cmvemment (see
Section IX).
L 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 State, within (20) days after the
execution of the constmetion contract, an advance in the 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 acmal 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 incurred 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 be
ineligible for federal participation (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 Stares 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 IX).
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 subrecipient who
expends $500,000 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 Stare 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 01/2004
X. Traffic Control, Signing, 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.
XII. Nondiscrimination Provision
No liability shall attach to the State or Federal Government except as
expressly provided herein.
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 carry out its terns 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 rules 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 or under
the contract.
The Agency also agrees:
(1) To assist and cooperate 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 Stare such information as it may require for the
supervision of such compliance and that it will otherwise assist the Stare 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 IL subpart D of the Executive Order.
In addition, the Agency agrees that if it fails or refuses 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 part;
(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.
XIII. 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 pamgmph.
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:
(I) 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 01/2004
XV. Venue for Clalms and/or 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 employee 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, grant, 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 an 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 - LLL, "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
subgrams, 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
Washington State
M A Washington
of Transportation
Paula J. Hammond, P.E.
Secretary of Transportation
Mr. Steve Worley
Senior City Engineer
City of Spokane Valley
11707 East Sprague Ave., Suite 106
Spokane Valley, WA 99206 -6110
�o- atL
Dear Mr -r ey:
June 24, 2008
Transportation Building '
310 Maple Park Avenue S.E.
P.O. Box WA 47300 9 -7COpy
Olympia, WA 98504-
360- 705 -7000
TTY: 1- 800- 833 -6388
www.wsdotwa.gov o1
I
City of Spokane Valley
Broadway Ave. Rehab Project
STPUS- 3846(007)
FUND AUTHORIZATION
JAN 3 o tiQ�B
We have received FHWA fund authorization, effective June 18, 2008, for this project as
follows:
PHASE TOTAL FEDERALSHARE
Preliminary Engineering $75,100 $64,962
Enclosed for your information and file is a fully executed copy of Local Agency
Agreement LA -6673 between the state and your agency. All costs exceeding those shown
on this agreement are the sole responsibility of your agency.
WSDOT authorization to proceed with right of way and/or construction is contingent
upon receipt and approval of your environmental documents.
All future correspondence relating to the project is to be submitted to your Region Local
Programs Engineer, Keith Martin at (509)324 -6080.
Sincerely,
Stephanie Tax
Manager, Program Management
Highways & Local Programs Division
ST:jg:ac
Enclosure
cc: Keith Martin, Eastern Region Local Programs Engineer