11-138.00 WSDOT Various Sidewalk InfillWashington State
�AP Department of Transportation AG
Agency City of Spokane Valley
Address 11707 E. Sprague, Suite 106
Spokane Valley, WA 99206
Local Agency Agreement
CFDA No. 20.205
(Catalog of Federal Domestic Assistance) l
Project No. ,— m q 4 3 0 40
Agreement No. L— /f - S7 S
For OSC WSDOT Use
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 Sidewalk Infill Project Length Varies 0.01 to 1 Miles
Termini Various
Description of Work
Design, Right of Way Acquisition, and Construction of Sidewalk extensions at Various locations throughout the City.
Type of Work
Estimate of Funding
(��
Estimated Total
Project Funds
(2)
Estimated Agency
Funds
(3)
Estimated
F ederal Fu nds
a
PE a. A enc
79,775.00
15,915.00
63,820.00
80 % b. Other
c. Other
Federal Aid d. State
1,000.00
200.00
800.00
Participation
Ratio for PE e. Total PE Cost Estimate a +b +c +d
80 775.00
16 115.00
64 620.00
Right of Way f. Agenc
.Other
h. Other
Federal Aid i. State
Participation
Ratio for RW '. Total R/W Cost Estimate f+ +h +i
Construction k Contract
I. Other
m. Other
n. Other
% o. A enc
Federal Aid . State
Participation
Ratio for CN q. Total CN Cost Estimate k +I +m +n +o+
r. Total Project Cost Estimate a +'+
80 775.00
16
64 620.00
Agency Official ,
By
Title Public Wa&s Direcl Citv
DOT Form 140 -039 EF
Revised 05/09
Washington State DepartmeO of Transportation
By
(/v
0
Director of Highways and Local Programs
Date Executed �� Z O lt
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 qas tax the Agency's share of total construction cost (line 4, column 2) in the amount of
Local Force or Local Ad and Award
at $
® Method C - Aaencv cost incurred with Dartial reimbursement
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
Provisions
I. Scope of Work
, Resolution /Ordinance No.
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 State 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 as requested by the Agency and described in the Type of Work above.
In addition, the State will famish 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
furnished to the State and/or Federal Government 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:
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 DX).
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 Federal
Transportation Act, 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 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 the federal Office of Management
& Budget (OMB) circular A -87, 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 D).
1. Project Construction Costs
Project construction financing will be accomplished by one of the three
methods as indicated in this agreement.
DOT Form 140 -039 EF 2
Revised 05/09
Method A — The Agency will place with the State, within (20) days after the
execution of the construction 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 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 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 W.
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 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 W.
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 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 Director of Highways and Local Programs.
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 terms 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 Govcmmcnt, thc 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 State such information as it may require for the
supervision 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 Part 11, subpart D of the Executive Order.
DOT Form 140 -039 EF I
Revised 05/09 3
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 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 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.
XV. Venue for Claims 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
subgrants, 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
Y
DOT Form 140 -039 EF
Revised 05/09 4