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05-006.00 WSDOT: Pines Mansfield Corridor Congestion ReliefKcal Agency Federal Aid Project Prospectus 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. Date ■ Supersedes Pre ' s Editions ■ Prefix Route ( ) 27 Date 2/8/2005 WSDOT Federal Employer I— REDACTED Federal Aid Project Number CM Local Agency Project Number SRTC04 -21 (Use Only) Tax ID Number Agency Federal Program Title City of Spokane Valley ® 20.205 ❑ 20.209 ❑ Other Project Title Start Latitude N Start Longitude W Pines/Mansfield Corridor Congestion Relief End Latitude N End. Longitude W Project Termini From To Pines at Indiana Wilbur at Montgomery From: To: Length of Project Award Type 0.75 miles I ® Local ❑ Local Forces ❑ State ❑ Railroad Federal Agency City Number County Number County Name WSDOT Region I ® FHWA ® Others 1223 32 1 Spokane EAST Congressional District Legislative Districts Urban Area Number TMA / MPO / RTPO 5 4 2 SRTC Total Local Agency? Federal Funds Phase Start Phase Estimated Cost Funding Date (Nearest Hundred Dollar) ... (Nearest Hundred Dollar ) (Nearest Hundred Dollar Month Year ..: . P.E. $307,000 $217,100 $89,900 2/2005 RM/ $725,000 $512,700 $212,300 5/2005 Const. $2,931,800 $2,073,500 $858,300 5/2006 Total $3,963,800 $2,803,300 $1,160,500 Description of Existing FAclll (Existing Design and Present Condition) Roadway Width Number of Lanes 1 18 2 The current LOS of the existing facility is "F ". Within the last three years of collision data available, there have been 84 reported collisions in the Pines Rd./Indiana Avenue corridor of which 42 were multiple injury accidents. Most of the collisions reported were moving rear end collisions. There was one pedestrian accident, several angle accidents and one head on accident. The general structural condition of Wilbur Road between Montgomery Road and Mansfield Ave is average with a condition rating of 59.8 based on the WSDOT rating method. The general structrual condition of Mansfield Ave. is poor with a conditon rating of 21. Description of Proposed Work Roadway Width Number of Lanes ® New Construction ❑ 3 -R ❑ 2 -R 46 3 This project will reconfigure the WB ramps of I -90 at SR -27 (Pines Rd.), using the existing slip ramps to Indiana Ave. and Montgomery Ave. WB off -ramp traffic will use the slip ramp to a signalized intersection at Indiana Avenue. WB on -ramp traffic will use the slip ramp at Montgomery Avenue. To improve operation of the WB on -ramp and ensure safety, the portion of Montgomery Ave. between Pines Rd. and the slip ramp will be one -way, westbound only. Therefore, to provide access to Pines Rd. for the properties west of Pines Rd., Mansfield Ave. will be improved to a three -lane section, with a traffic signal at the intersection of Mansfield Ave. & Pines Rd. Curb, gutter, sidewalks and bike lanes will also be constructed. In addition, a signal will be installed at the Mirabeau Pkwy & Pines Rd. intersection to bring this intersection up to an acceptable LOS. Local Agency Contact Person Title Phone Steve M. Worley, P.E. Senior Capital Projects Engineer 509- 688 -0191 Mailing Address City State Zip Code 11707 E. Sprague Avenue, Suite 106 Spokane Valley WA 99206 This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. Approving Professional Engineer 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. Date ■ Supersedes Pre ' s Editions ■ A92nGY Project Title Date City of.Spokane'Vallcy Pines/Mansfield Corridor Congestion Relief 21812005 Geometric Design Data Year Property � rtY Carnage Accidents Iniury Accidents Fatal Accidents Description plumber of Accidents Through Route Number of Accidents Crossroad Federal Functional Classification Urban ❑ Rural 0 principal Arterial C1 Minor Arterial C, collector ❑ Major Collector ❑ Minor Collector ❑ Access StreetfRoad ❑ Principal Arterial 19 ® Minor Arterial ❑ Collector ❑ Major CQ11ador ❑ Rufal ❑ Minor Collector ❑ Access 5treetlRoad Terrain ® Flat ❑ Roll ❑ Mountain 0 Flat ❑ Roll ❑ Mountain Posted Speed 35 35 Design Speed 45 45 Ex� M!R9 ADT 16758 7354 Design Year ADT NIA R'1A Deslgn Year 2025 2025 _ Design Hourly Volume (DHV) 'NIA h'1A Accident - 3 Year' Experience Year Property � rtY Carnage Accidents Iniury Accidents Fatal Accidents Total plumber of Accidents, plumber of Accidents plumber of Injuries Number of Accidents Number of Fatalities 1999 -2002 42 42 84 Performance of Work Plaliminmy Engineering Will Be Perfarmed By Others Agency Spokane County & WSDOT ] 00 % % Construction Will Be Pe formed By Contract Agency ConVtiCtOr 100 % °la Envirvnirrlental Classification. ❑ Final ® Pr8liminary ❑ Class I - Envirunmerital Impact Statement (EIS) i Class II - Categorically Exduded (CE) ❑ Project Involves NEPAfSEPA Section Q4 ❑ Projects Requiring Documentation interagency Agregment (Documented GE) ❑ Class III - Environmental Assessment (EA) ❑ Project Involves NEPAfSEPA Section 404 Interagency Agreament Environmental Con5id5*00rt9 gOT Form 140,101 =F Page 2 of 3 Rowlsed $112002 Agency Project Title Date City of Spokane Valley I Pines/Mansfield Corridor Congestion Relief 2/8/2005 Right of Way ❑ No Right of Way Required ® Right of Way Required * All construction required by the ®No Relocatjon El 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 FAA Involvement Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ❑ Yes ® No Remarks This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and is not inconsistent with the agency's comprehensive plan for community development. Agency Date %� ' J� By City of Spokane Valley DOT Foan 140 -101 EF Page 3 of 3 Revised 1=002 � Washington State L VI/ Department of Transportation Agency City of Spokane Valley Address C/O Public Works Department 11707 L. Sprague Avenue Spokane Valley, WA 99206 Lo(_';'] Agency Agreement CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Project No. Agreement No. For OSC WSDOT Use Only The Local Agency haAng complied, or hereby agreeing to comply, with the terms and conditions set fortis in (t) Tide 23, U.S. Code Highways. (2) the regulations issued pursuant thereto. (3) Ofr= of Management and Budget Circulars A402, A -97 and AA 33, (4) the policies and procedures promulgated by the Washington State Department of Transponation, 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 Pines/Mansfield Corridor Congestion Relief Length 0.75 miles Termini Pines Road Description of Work This project will reconfigure the N13 ramps of 1 -90 at SR -27 (Pines Rd.), using the existing slip ramps to Indiana Ave. and .Montgomery Ave. Mansfield Ave. will be improved to a three -lane section, with a traffic signal at the intersection of Mansfield Ave. R Pines Rd. Curb, gutter, sidewalks and bike lanes will also be constructed. In addition, a signal will be installed at the Mirabeau PkNky & Pines Rd. intersection. Type of Work Estimate of Funding (1) Estimated Total Project Funds (2) Estimated Agency I Funds (3) Estimated Federal Funds PE a. Agency 86.5 % b —Qtber (Spo. Co.) c. Other Federal Aid d State Participation . Ratio for PE e, Total PE Cost Estimate a +ly +c +d 10,000.001 1,350.00 8,650.00 97,015.001 13.097.00 83 918.00 200,000.00 u 27,000.00 173,000.00 307,015.00 41,447.00 265,568.00 Right of Way f. Apenc % _g _QJ Consultant h. Other Federal Aid i. State Participation Ratio for RW Total RNV Cost Estimate f+ +h +i N p A d 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) 307,015.001 41,447-001 265,568.00 Agency Official By Washington State Department of Transportation By Title City Manager Assistant Secretary for Highways and Local Programs City of SpnkaueyalleX Date Executed DOT Form 140.039 EF Revised 10J02 - Construction Method of Fines :., : — :: ig (Check Method Sarected) 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 I. Scope of Work 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 The Agency slurll provide all the work, labor, maierials, and services necessary to perform the project which is described and set forth in detail in the `Project Oescript:ion" and "Type of Work." When the Suite acts for and on behalf of ilte 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 1•iigliway 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 Agenry 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 Suite advertises and awards the contract, the State csill 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 as requested by the Agency and described in the Type of Worts above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On [,coal 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. Tlic 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 empitiyccs 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 in 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 furnished to the State and/or Federal Government upon request V. Compliance with Provisions The Agency shall not incur an), 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 tire: DOT Form 140 -439 EF Revised 10,'1)2 , 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 fcdctal fiords paid to the Agency under the terms of this agreement (sce Section IA'), 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 highw•ays, 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 cosi 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 pmjeca, including all review and engineering casts 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 CIFA 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 tie 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 consumed 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 mimimizc 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 reimhursemcnt of those costs eligible for federal participation to die 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). 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 r';. _ ,tswithin (20) days after the execution of the construction contrect, an advance in the amount of the Agency's share of the total construction cost based on the contract award. Tire State will notify the Agency of the exact amuunt 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, die State will submit a billing to the Federal Government fbr 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 die amount due the Agency. This billing will he cleared by either a payment from the Agency to the State of by a refund from ttie State to the Agency. Method B — The Agency's share of the total construction cost as shown on the foe of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agrixment 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 awtird. Upon receipt of progress billings horn 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 tray 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 Exp rldhures 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 ail 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 cost which are subsequently determined to be ineligible for federal participation (see Section 1X). 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 die 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 Authoriastion, Selection, and Agreement Administration; memoranda of understanding between WSDOT and F'HWA; and Office of Management and Budget Circular A -133. if upon audit it is found that overpayment or participation of federal money in ineligible iienns 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 subrecipieat 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 S300,000 or more in federal awards from all sources during a given fiscal year shall have a single or program- spetific 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 payrnent of any of the State's billing relative to the project (e.g.. State force work, project cancellation, overpayment, cost ineligible for federal participation, cue.) 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 N, ding, Marking, and Roadway Maintenance The A eency will not permit any changes to be made in the provisions for parking regulations and uafiic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not ins tall or permit to be installed any signs, signals, or markings not In conformance with the standards approved by the Federal Highway Administration and MUfCD. The Agency will, Eli 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 lain or equity brought against the Agency. State, or Federal C.rovemment, 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 agrertnent, 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 Govcmment 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 herebi. Xll. 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 Pan 26 to ensure nondiscrimination in the award and administration of USDOT- assisted contra: -ts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by US Dar, is incorporated by ref ntim in this agreement Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violatinn of this agreement Upon notification to the Agency of its failure to carry out its approved program, tlue 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 scq.). The .Agency hereby agrees that it will incorporate or cause to be incorporated 'unto any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secaetany 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 bivohing such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal -.Aid Contracts (FHWA 1273), loccted 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 cmm employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Goverttment,.the above equal opportunity clause is not applicable to any agency, insmimcnteliry. or subdivision of such goverunem 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 State such information as it may require for the supenision 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 Pan If, subpart D of the Executive Order. • I - I In addition, the Agency agrees that if it fails or rm6ses to comply with these undertakings: the State may take any or all of the fnllowing 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 progrtun w'itt respect to which the failure or refusal occurred until satisfactot)- assurance of future compliance has been received from the Agency, and (c) Refer the case to die Department oflustiee 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 arrntract tittle_ 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 Eu 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 when the issuance of sash order is primarily caused by the acts or omissions of persons or agencies other then the contractor. (4) The Secretary determines that such termination is in the best interests of the State. DOT Form sag -age EF Revised 10102 XV. Venue for Ch ._. ! 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 nut of this contract or the project with which it is concerned, shall be brought ml �- in the Superior Court for Thurston County. XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority oertifies, to die best of his or her knowledge and belief, char (1) No federal appropriatod bands 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 emplc}.e 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, tie undersigned sisal] 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 subgrtuits, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed SID0,000, and that all such subrecipients shall certify and disclose accorduhgly. 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 Suction 1352, Tide 31, U.S. Code. Any person who fails to file the required ceni.ficadon shall be subject to a civil penalty of not less than S 10,000 and not more than S 100,000 fur each such failure. Additional Provisions