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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