Department of Transportation Agreement for 76th Ave W and 212th St SW Intersection Improvements� 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. � f'1� fr o
Agreement No. LA 76 141
For OSC WSDOT use 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 imed 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 agreernent 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 ofthe Local Agency.
Project Description
Name 76th Ave. W @ 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 tum 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 hinds will be programmed in the future.
PE
86.5 %
Federal Aid
Participation
Ratio for PF
Right of Way
Federal Aid
Participation
Rafso for RW
Construction
Federal Aid
Participation
Ratio for ON
Estimate of Fundin
Type of Work
Yp
(1)
Estimated Total
2
()
Estimated Agency
s
( )
Estimated
Project Funds
Funds
Federal Funds
a. Aqency
34 000.00
4,590.00
29 410.00
b, Other ctsnsultant
303,500.00
2. 0
2 528.00
c. Other
d. State
2,500.00
338.00
2,162.00
e. Total PE Cost Estimate a+b+c d .
340 000.00
45 900.00
294100.00
f. A enc
hr
h, Other
1
L State
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 Estimate. a+'+q)
340,000.001
45 900.00
294.100.00
Agency Official
By
Title E A- -
Washington State Department of Transportation
.r
By pit
Director of Highways and Local Programs
Date Executed 'Io - � Z-o 1
DOT Form 140-039 E=
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
R 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
I. Scope of Work
Tire Agency shot] provide all the work, labor, materials, and services
necessary to pedorm the project which is described mid set forth in detail in the
"Project Description" and "Type of Work."
When the State acts for mid on behalf of the Agency, tile State shalt be
deemed an agent of the.. Agency and shall perform the services described and
indicated in "Type of Wark" 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 Administralion.
When the State acts for the Agency but is not subject to the right of control
by the Agency, the State shad have the rigbl to perform the work subject to the
ordinary procedures of the State and federal Highway Admiuistration.
II. Delegation of Authority
The State is willing to fulfill lite responsibilities to the Federal Government
by fife administration of this project. The Agency agrees that the State shall
have the full authority to carry out this administration. The State shaft 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 Stara 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 iumish qualified personnel for the supervision and
inspection of the work in progress, On Local Agcncy advertised and awarded
projects, the supervision and inspection shall be Limited to ensuring all wank is
in conforms ncc with approved plans, specifications, and federal aid
requiremcnts. Tito 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. Dzpartment 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 €1sspection for a period of unt 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 Fedcral Government upon rcguest.
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any
classification of Work on Allis project until authorized in writing by the State for
each classification. The classifications of work for projects are:
Resolution/Ordinance No.
1. Preliminary engineering.
2. Right ofway acquisition-
3. Project construction.
ht tite event that right of way acquisition, or actuAt construction of the road,
for which preliminary engineering is undertaken is not started by the Glusing 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 suns of fcderal funds
paid 10 the Agency under the terms of ill is agreement (see Section DC).
The Agency agrees that all stages of construction necessary to provide the
initially planned complete facility within the limits of lids project will coufomt
to at least the minimum values set by approved statewido design standards
applicable to this class of highways, even though such additional work is
financed without federal aid participation.
The Agency agrees that on federat aid highway construction projects, the
current federal aid regulsrions ►vitich apply to liquidated damoges relative to
the basis of federal participation in the projcct cost shall be applicable in the
event the contractor fail$ to complete the contract within the contract time.
V1. Payment and Partial Reimbursement
The total cost of the project, including nil review and caginetxing 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 Managencnt and Budget
circulars A-102, A 87 and A-133. The State strait not be ultimately responsible
for nny of the costs of the project. The Agency shall be ultimately responsible
for all Gusts associated with the project which are not reimbursed by the
Federal C3overumcnt. 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 fbr federal aid project costs incurred in
conformity with applicable federal and state laws. The agency shall minimize
the time elapsed bchveen receipt of federal aid funds and subsequent payment
of incurred costs. Expendilures by the Local Age;nq for maiutenantx, gene rat
administration, supervision, and other ovcrllend shall not be eligible for federal
participation untess is current indirect cost plan has beet► 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 casts 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 or Slate costs which were not reimbursed by the
Federal Government (see Section M.
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
Hefhad A —The Agency will place wilit tare Statq with lit (20) days after the
execution bf time construction contract, an advance in the amount of die
Agency's share of the total construction cost based on the contract award. Tile
Butte will notify tire; Agency of tlrc exact amount la be deposited with flit Slate.
The State will pay all costs incurred ulidcr the contract upon presentation of
progress billings from the contractor. F61lowing such payments, the State will
submit a billing to the Federal Goverment for the federal aid participation
share of Ate east When the project is substantially car upleted and final actual
costs of the project can be determined, the State will present the Agency frith a
final billing showing Ilie amou tit due the State or the amount due the Agency.
This bitIiing ►v'nil 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 short of tits total construction cost as drown on
the face of this agreement shall be withheld from its monthly fuel tax
allotiiicnts. The face of this agreement establishes time intintits in which the
withholding shall Woo place and the exact amount to be withheld each month.
The extent of withholding will be conFrned by letter from the State at the time
of contract award. Upon receipt of progress billings front the contractor. the
State will submit such billings to the Federal Clovernmeitt far payment of its
participating portion of such billings.
Method C — The Agency may submit vouchers to the State in tilt format
prescribed by the Stale, in duplicate, not more than Once per nmonlh for Illose
costs eligible for Federal participation to the extent that such costs are directly
attributable and properly allocable to this project. Expenditums by the Local
Agency for m3intcoance, general adrinfstratiait, supervision, read other
overhead shall not be eligibie 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 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,
Tire Slate shall bill the Agency for all costs incurred by the State relative to
the project. The State shalt 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 retards to detennine eligible federal aid costs on the
project. The report of said audit shall be is the Agency's files and made
available to [lie State and the Federal GovertuncN.
An audit shall be conducted by [lie WSDDT 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; WSDDT Manual M 27-50, Consultant Authorization,
Seleciion, and Agreement Administration; memoranda of understanding
between WSDDT 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, tilt Agency shall reimburse the State for
the amount of such overpayment or excess participation (see Scetlan DO.
Vlll. Single Audit Act
The Agency, as a subrecipient of federal funds, shrill adhere to the federal
Office of Management and Budget (OMS) Circular A-133 as well as all
applicable federal and state sWtutts and regulations. A subrecipient who
expends $500,000 or more in federal awards from all sources during a given
fiscal year shall have asingle or program-spec!ftc audit performed for that year
in accordance with the provisions of OMB Circular A 133. Upon conclusion of
the A-133 audit, time Agency shall be responsible for ensuring that, a copy of the
report is transmitted promptly to the State.
iX. Payment of Billing
Tlmc Agency agrees that if payment or aawgemcnt for payment Of any of tire
State's billing relative to the project (e.g., State force ~vork, project caneellation,
Overpayment, cast ineligible for federal participation, eta) is not made to the
State within 45 days after the Agency has been billed, the State shall ef*ct
reiniburscment of the total Will due from the regular monthly fllel (&%
allotments to the Agency from the Motor Vehicle Fund. No additional Federal
project funding wilt be approved until full payment is n%cived unless otherwise
directed the Director of Highways and local Programs.
X. Traffic Control, Signing, Marking, and Roadway
Maintenance
The Agency twill not permit any changes to be made in the provisions for
pocking regulations and traffic control on this project without prior approval of
tilt State and Federal Highway Administration. Tlta 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 acid MUTCD.
The Agency will, at its awn expense, maintain the improvement covered by
this agreement.
XI. Indemnity
Tile Agency shall hold the Federal Government and the State harmless from
and shalt 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 Use Agency's execution, performance, or failure to
perform any Of the provisions of this agreement, or of any at her agreement or
contract contiectcd with this agreement, or arising by reason of tare
parliicipatian of the State or Federal Government in the project. PROVIDED,
nothing herein shall require Ibe Agency to reimburse the State or Iha Federal
Government for damages arising out of bodily igjury to persons or damage to
property causes] by or resulting final 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 uat 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 adininWrefion 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 aandiscrimination in the
award and administration of USDOT-assisted contracts and agreements. The
WSDOT's DRE program, as required by 49 CFR part 26 and as approved by
USDOT, is incorporated by reference in this agreement. &nplementation of
this program is a legal obligation acid failure to cant' out its terms shall be
treated as a violation o£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 Proud Civil
Remedies Act of 1986 (31 U.S.C. 3801 etseq.).
The Agency hereby agrccs that it will incorporate or cause to be
incorporated into any contract for construction work, or modification thereof,
as defutcd in the rules and regulations of the Secretory of Labor in 41. CFR
Ci:apter 60, which its paid for in wholo or in part with funds obtained from the
Federal Govemment or borrowed an the credit of tilt: 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 Fedemt-Aid Contracts
(FKWA 1273). located in Chaptcr44 of the Local Agency Guidelines.
The Agency furditr agrees that it will be bound by the above equal
opportunity clause with respect to its own employment praeiiras when it
participates in federally assisted eonsiruction work: Provided, that if the
Applicant so participating is a State or Coca[ Government, the•above equal
opportunity clause is not applicable to any agency, instrumentnilty, or
subdivision of such government Which does not participate in work on or under
the contract
The Agency also agrees:
(1) To assist mud 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 Lnbor.
(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 tine
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 FIigh►vay Administration, or the Secretary of Labor pursuant
to Part If. 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, terminate, or suspend this agreement in whole or in part;
(b) Refrain frorn extcnding 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 ill at the liquidated damages provisions of23 CFR
Part 635, Subpart 127. as supplemented, rela6vo to Ilia amount of Federal
participation ill the project cost, shall be applicable in the event tilt contractor
fails to complete the contract willlin the contract time. Failure to include
liquidated damages provision will not relieve Hie Agency from reduction of
federal participation in accord ance 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, wlienever:
(1) The requisite federal funding becomes unavailable through failure of
appropriation or othcnvise.
(2) The contractor is prevemted from proceeding with the work as a direct
result of an )executive Order or the President with respect to the prosecution of
war or in the interest of national defense, or an Executive Drder of the president
or Governor of the State with respect to the preservation of energy resources.
(3) The contractor is prevcnted 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 oontractor.
(4) The Secretary determines that such termination is in the best interests of
the State.
XV. Venue for Claims andlor Causes of Action
For llte convetrieiice of the panics to 'his contract, it is agrecri that any
claims and/or causes of action which the l.acal Agency has against th,: Strte of
Washington, growing out of this contract or the prajeet ►vitlt which it n
cartecrned, shall be brought anly in the Superior Court for Thurston Coanty.
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 influcrtcing or attempting to
in fluence an officer or employee of any federal agency, a member of Congress,
so officer or employee of Congress, of an employee of a member Of Congress
in connection with the awarding of ally frdcrai contract, die making of any
Weral grant, the making of any federal loan, the nattering into of any
cooperative agrecrncnt, and the extension, continuation, Mnewsl, arncndmcnt
or mad ification of any federal contract, grant, loan, or cooporative agreement.
(2) if any funds otltcr than federal appropriated funds have been paid or wi11
be paid to any person for influencing or attempting to influence an offtccr or
employee of any federal agency, a member of Congress, an officer or employee
of Congress, or an canployee of a member of Congress in connection with this
federal contracl, grant, loan, or cooperative agreement, the undersigned shall
complete and submit the Standard Form - LLI , "Disclosure Form to Report
Lobbying," in accordancewith its instructions.
(3) The undersigned shalt require that the laugunc of this certification be
included in the award documents for all subawards at all fiery (including
suhgrants, and contracts and subcontracts under grants, subgrants, loans, and
cooperative agreements) which exceed $100,000, and that all such
subrecipicmts shall certify and disclose accordingly.
This certification is a materiat representation of fact upon which mlianca
seas placed when this transaction was ruade 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. Cad a. Any person who fails to file the
required certification shall be subject to a civil penalty of no[ less than $14,00D
and not more than 5100,GW for each such failure.
Additional Provisions
DOT Form 140-039 rF
Revised 05/09