WSDOT - 76th_Ave. W. & 212th SW IntersectionAIM
� Washington State
-rAi nepartment of Transportation
Agency City of Edmonds
Address 121 5th Avenue N
Edmonds WA 98020
Local Agency Agreement
CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Project No.
Agreement No. LA 76 1 .
For OSC WSDOT U'se Onl
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 bederat 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 Vocal 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 76th Ave. W (a, 212th St. SW intersection Improvements Length n/a
Termini n/a
Description of Work
The project will improve and widen the intersection by installing a new traffic signal with protected left turn phases for
all approaches and adding northbound and southbound left turn lanes on 76th Ave and a westbound right turn lane on
212th St. Additional improvements include sidewalk, curb and gutter, storm drainage, pavement, street lighting, signing
and striping. Construction funds will be programmed in the future.
PE
86.5__ %
Federal Aid
Participation
Ratlo for PP
Right of Way
Federal Aid
Participation
Ratio for RW
Construction
Federal Aid
Participation
Ratio for GN
Estimate of Funding
(1)
Estimated Total
2
()
Estimated Agency
I
s
( )
Estimated
Type of Work
Yp
Project Funds
Funds
Federal Funds
a. Agency
34 000.00
4 590.00
29 410.00
b. Other (Onsultant)
303.50HQ
40,972-00
262,528.0
c. Other
d. State
2,500.00
338.00
2,162.00
e. Total PE Cost Estimate a+b+c+d 1
340 000.00
45 900.00
294.100.00
f. A enc
--
O her
-
1
h, Other
1
L State
1. Total RAN Cost Estimate f+ +h+i
k. Contract
—
1. Other
-
m, Other
n. Other
_o. Agency
p. State
q. Total CN Cost Estimate k+l+m+n+o+
r. Total Project Cost Estlmate_Ce+-+
340, 00.001
45,900.001
294 100.00
Agency Official
By
Title , ....
Washington State Department of Transportation
.X
By v�J
Director of Highways and Local Programs
Date Executed
DOT Form 140-039 Ef=
Revised 05109
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
Q at $ _ per month for _---
Local Force or Local Ad and Award
months.
I� Method C - Aeencv cost incurred with oartial reimbursement
The Local Agencyfurther 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
1. Scope of Worts
Tile Agency shall provide all the work, labor, materials, and services
neergary to perform the project which is described and set forth ill detail in the
"Project Description" and "Type of work"
When tine State acts for and on behalf of the Agency, the State shall be
deemed an agent of the Agency acid shall perform the services dewtibcd and
indicated in'"Type of Work' on die face of this agreement, in accordance with
plans and specifications as proposed by the Agency and approved by the S€ate
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 Cite rigbt to perform the work subject to tile
ordinary procedures of the State acid Federal Highway Administration.
Ii. Delegation of Authority
The State is willing to fulfill lite responsibilities to the Federal Gownunent
by lire 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 documcuks 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. 1f the Local Agency advertises and awards
the project, the Stale shall review the work to ensure confohnuty ,vith the
approved plans and specifications.
ill. 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 -1ypc of Work above.
In addition, tie State will furnish quatified personnel for the supervision told
inspection of the work in progress. On Local Agency advertised and awarded
projects, the supervision and inspection shall be limited to cnsoring 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 proJcet incurred by employees of life State
in tee 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 tire 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'rransportation, and the Washington 'State Department of
Transportation. The records Shall be open to inspection by the State and Federal
Goveriment at all reasonable times and shall be retained and nude 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
iiimished to (he State anllor Federal Governinentupon rcquest.
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. Tire classifications of work for projects are:
Resolution/Ordinance No.
1. Preliminary engineering.
2. Right ofwayacquisition.
3. Project construction.
ht the event that right of way acquisition, or actual construction of she road,
for which preliminary engineering is undertaken is not started by the closing of
the teitth fiscal year fallowing tllc fiscal year in which the agreement is
executed, site Agency will repay to tie State the sum or stints of federal funds
paid to tine Agency under the terms of this agreement (see Section DC).
The Agency agrees that all stages of construction necessary to provide the
initially planned complete facility within the limits of this project will confoml
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 ors federal aid highway construction projects, tine
current federal aid regulations which apply to liquidated damages relative to
tine basis of federal participation in the project cost shall be applicable in the
event the contractor tails to complete the contract within the contract time.
V1. 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 atmndcd, and Office of Management and Budget
circulars A-102, A 87 and A-133. The State shall not be ulthnatcly 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 fbdaml 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 betweett receipt of fcderat aid funds and subsequent payment
of incurred costs. Expenditures by the local Agency for maintenance, general
adrinistration, supervision, and other overhead shall not be eligible for Mcral
pailicipa€ion 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 property allocable to this project, The State shall bill the
Agency for that portion of Slate costs which were not reimbursed by the
Federal Govemment (see Section IX).
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
Revised 05109
Method A —The Agency whll place wr11t the State, withhl (20) days alter the
execution bf lire construction contract, an advance in the amount of flue
Agency's share of tire total construction cost based on the contract award. The
State will notify the Agency of the exact amount to be deposited ivitlt the Stale.
Tito State will pay all costs incuned tinder tfte contract upon presentation of
progress billings from the contractor. Following such payments, tite State will
submit a billing to the Fedcral Government for the fcdcral aid participation
share of the cost When the project is substantially completed and final actual
costs of the project can be determined, thte Slate will present the Agency with a
final billing showing the ariaount due the State or Ilse antotud due the Agcitey.
This billing will be cleared by either a payment from die Agency to the state or
by a refund from the State to the Agency.
Method S -- The Agency's share of the total Construction cost as shown on
the face of this agreement shall be withheld €rota its monthly furl tax
allotments. The face of this agreement establishes tits months its which the
withholding shall take place and the exact amount to be witlilteld each month.
Tile extent of wilhholdirig will be corfr'rated 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 tits format
prescribed by the Stale, 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 mainteoartce, gencral administration, supervision, sled other
overhead shalt not be eligible for Federal participation uri[= claimed under a
previously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project
costs up to tile, 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
'rite 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 lite Agency's files and made
available to the State and the Fedcrai Government.
An audit shall be conducted by dic WSDOT Internal Audit Office in
accordance with generally accepted governmental auditing standards as isstred
by the United States General Accounting Office by the Comptroller General of
the United States; WSDOT Manual M 27-50, Consultant Authorization,
Sclee ion, and Agromient Administration; memoranda of understanding
between WSDOT and FF1WA; and Office of Managctucrit 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, tine Agency shall reimburse the State for
the amount of such overpayment or excess participation (see Section DQ.
Vlll. Single Audit Act
The Agency, as a subrecipient of federal funds, shalt adhere to the federal
Office of Management and 'Budget (OMB) Circular A-133 as well as all
applicable federal and state statutes mid regulations. A subracipient who
expends $500,000 or more is federal awards from all sources during a given
fiscal year shall have a single or program -specific audit perfonned for that year
in accordance with the provisions of OMB Circular A-133. Upon conclusion of
the A433 audit, tite Agency shall be responsible for ensuring that a copy of tfte
report is transmitted promptly to the State.
1X. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the.
State's billing relative to tite project (c.g., Stote force stark, project cancellation,
overpayment cost ineligible for federal participation„ etc.) is not made to the
State within 45 days after the Agency has been hilled, the State shall effect
roiniburscntctit of the total sum date from the rcgtrinr 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 ate provisions for
parking regulatiolts and traffic control on this project tvitliottt 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 wills
the standards approved by Cite Federal Highway Administration and MUTCD.
The Agency will, at its own expense, maintain the improvement covered by
this agreement.
Xl. Indemnity
The Aacncy shall hold the Federal Government and the Static harmless front
and shall process and defend at its owes expense all claims, demands, or suits,
whether at law or equity brought against site Agency, State, or Federal
Government, arising from the Agency's execution, performance, or failure to
perform any of Tile provisions of this agrexment, or of any other agreement or
contract connected with this agreement, or arising by reason of ttte
participation of the State or Federal Covertment 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 tie 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 tite basis of race, color, national
origin, or sex in tine a►vard and performance of any 11SDOT-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 CFit Fart 26 to ensure nondiscrimination in the
award and administration of USDOT-assisted contracts and agreements. The
WSDO'f's DBE program, as required by 49 CFR Part 26 and as approved by
USDOT, is incorporated by referertco in this agrectrent. Implementation of
this program is a legal obligation and failure to carry out its terms slurp be
treated as a violation of this agreement. Upon notification to tite Agency of its
failure to carry out its approved program, the Department may impose
sanctions as provided far 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 etseq.).
Tile 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 nilcs and regulations of this Secretary of .Labor ill 41 CFR.
Chapter 60, which its 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 it 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
(FRWA 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 practical when it
participates in federally assisted construction work: Provided, that if the
applicant so participating is a State or Local Govornmcn% 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
tite 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 arid that it will otherwise assist the State in the
discharge of its primary responsibility for securing compliance.
(3) To refrain front 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 far 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 II, subpart D of the Executive Order.
DOT Form 140-039 EF
Revised 05109
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, tenninate, 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
'File Agency hereby agrees that the liquidated damages provisions of23 CFR
Part 535, Subpart 127, as supplemented, relative to llte amount of Federal
participation ht 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
Meral 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, orfrom 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 withh respcet 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 that) the contractor.
(4) The Secretary detentunes that such tennination is in the best interests of
the State.
XV. Venue for Claims andlor Causes of Action
For, the convenience of flat parties to this contract, it is agrecri that any
claims and/or causes of acliolt which the 14cal Agency has against tilt .late of
Washington, growing out of this contract or the prO*t with which it n
concerned, shall be brought only in the Superior Court for Thurston Canty.
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 all officer or crrtployce ofany federal agency, a member of Congress,
an officer or employee of Congress, or an employee of a member of Congress
in connection with the awaWing of any federal conlract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, cortinuatian, renewal, arnendratnt,
or modification of any federal contract, grant, loan, or cooperative agreement-
(2) if any funds other than federal appropriated funds have been paid ar Will
be paid to any persott for influencing or attempting to influence an olficcr or
employee of any ruftal agency, a member of Congress, an officer or employee
of Congress, or an employcc 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 - LLJ , "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) Tite undersigned shall require that the lauguagc of this certification be
iincluded in rite award documents for all subawards at all tiers (including
subgrants, and contracts and subcontracts under grants, subgrants, loans, and
cooperative agreements) which exceed $100,000and that all such
subrecipients shall certifyand disclose accordingly,
This certification is a material representation of fact upon which reliance
%was placed vuhea this transaction was made or entered into. Submission of this
certification as a prerequisite for making or entering into this trnnsa$tiOn
imposed by Section 1352, Title 31, U.S. Coda. Any person who fails to file the
required eertiftsa(ion shall be subject to a civil penalty of not less than $10,000
and not more (ban $100,t1{}0 for each such fbiluro.
Additional Provisions
DOT Form 140-039 rF
Revised 05109