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12-149.00 WSDOT: ADA Sidewalks Adams Trent to Wellesleyti t� Washington State AGENCY WI/ Department of Transportation This AGREEMENT is made and entered into this )2L;- day of !�� "beV -() 1 2 between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the "STATE," and the above named organization, hereinafter called the "AGENCY." WHEREAS, the AGENCY is planning the work shown above, and in connection therewith, the AGENCY has requested financial assistance for the project or program, and WHEREAS, the AGENCY has requested funds for the above shown project or program, which has been selected by the STATE for funding assistance. NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: Type of Work Agency and Address Highways and Local Programs City of Spokane Valley State Funding Agreement 11707 E. Sprague Ave., Suite 106 Work by Public Spokane Valley, WA 99206 Agencies b. Other Agreement Number Maximum Amount Authod Location and Description of Work (See also Exhibit "A ") L $9�� dC/57 CAI Construction of new ADA accessible sidewalks on d. State Adams Rd. from Trent (SR290) to Wellesley Ave 1,000.00 Participating Percentage Project Number and the north side of Wellesley Ave. from Sullivan 100 L. P- 5R12- Cam- Rd. to 150' east of Isenhart Rd. This AGREEMENT is made and entered into this )2L;- day of !�� "beV -() 1 2 between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the "STATE," and the above named organization, hereinafter called the "AGENCY." WHEREAS, the AGENCY is planning the work shown above, and in connection therewith, the AGENCY has requested financial assistance for the project or program, and WHEREAS, the AGENCY has requested funds for the above shown project or program, which has been selected by the STATE for funding assistance. NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: Type of Work Estimate of Funding (t) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated State Funds PE a. Agency 59 000.00 59,000.00 b. Other c. Other d. State 1,000.00 1,000.00 e. Total PE Cost Estimate a+b+c+d 60 000.00 60 000.00 Right of Way f. Agency 0.00 Other h. Other i. State '. Total R/W Cost Estimate f +h+i 0.00 Construction k. Contract 0.00 I. Other m. Other n. Other o. A enc p. State q. Total CN Cost Estimate (k+l+m+n+o+p) 0.00 r. Total Project Cost Estimate e+j+q) 60 000.00 0.001 60 000.00 DOT Form 140 -087 EF Revised 9/00 General The AGENCY agrees to perform the above described work in accordance with the Project Application attached hereto as "Exhibit A" and made a part of this AGREEMENT. Plans, specifications, and cost estimates shall be prepared by the AGENCY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction and adopted design standards, unless otherwise noted. The AGENCY will incorporate the plans and specifications into the AGENCY's project and thereafter advertise the resulting project for bid and, assuming bids are received and a contract is awarded, administer the contract, or if the project is of a size which the AGENCY is authorized to perform with its own forces under the laws of the State of Washington, the AGENCY may proceed with its own All work performed under this AGREEMENT shall comply with the applicable provisions of state law. Payment The STATE, in consideration of the faithful performance of the work to be performed by the AGENCY, agrees to reimburse the AGENCY for the percentage of the actual direct and related indirect cost of the work shown above, up to the "MAXIMUM AMOUNT AUTHORIZED ". The agency will comply with Governmental Accounting Auditing and Financial Reporting Standards and applicable state law and local regulations, policies and procedures. No payment will be made for work done prior to execution of this AGREEMENT. Partial payments shall be made by the STATE, upon request of the AGENCY, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit, all required adjustments will be made and reflected in a final payment. The AGENCY agrees to submit a final bill to the STATE within forty -five (45) days after the AGENCY has The AGENCY agrees that all costs in excess of the amount authorized and the AGENCY's matching funds shall be the responsibility of the AGENCY. III Audit The AGENCY agrees that an audit may be conducted by the STATE During the progress of the work and for a period not less than three (3) years from the date of final payment to the AGENCY, the records and accounts pertaining to the work and accounting thereof are to be kept available for inspection and audit by the STATE and copies of all records, accounts, documents, or other data pertaining to the project will be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the three -year IV Legal Relations No liability shall attach to the AGENCY or the STATE by reason of entering into this AGREEMENT except as expressly provided herein. V Nondiscrimination The AGENCY agrees to comply with all applicable state and federal laws, rules, and regulations pertaining to nondiscrimination and agrees to require the same of all subcontractors providing services or performing any work using funds provided under this AGREEMENT. VI Venue For the convenience of the parties to this AGREEMENT, it is agreed that any claims and /or causes of action which the AGENCY has against the STATE, growing out of this AGREEMENT or the project or program with which it is concerned, shall be brought only in the Superior Court for VII Termination The Secretary of the Department of Transportation may terminate this AGREEMENT if the funding becomes unavailable or if the Secretary determines that it is in the best interest of the STATE. Vlll Final Report and Final Inspection Within ninety (90) days following the completion of the project and submission of the final billing for the project, a final report and /or final inspection shall be submitted to the Assistant Secretary for Highways & Local Programs containing the following information: Non - Capital Proiects A description of the project or program. 2. A summary of actual costs of the project or program. 3. An evaluation of the project or program. This should address aspects such as transportation and /or other benefits to the public. Capital Proiects A final inspection is required. IX Supplement This agreement may be modified or supplemented only in writing by both parties. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year last written below. AGENCY By: Title: Puz5o c W G121<5 �)1126CFGI? Date: DOT Form 140 -087 EF Revised 9/00 STATE By: Assista4Secrary igh ways and Local Programs Date: SEP 12 2017