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HomeMy WebLinkAboutAgreements/Contracts - Public WorksWashington State Department of Transportation Atiency grant County Public Works Address 124 Enterprise Street SS Ephrata WA 98823 l�'?2-198 Local Agency Agreement The Local Agency having complied, or hereby agreeing to comply with the terms and conditions set forth in (1)1"4tie 23, U S Coda Highways (2) the regulations issued pursuant therelo, (3) 2 GFR Part 200; (4) 2 CFR Part 180 — certifying that the local agency Is not excluded from receiving Federal funds by a Federal suspension or debarment, (5) the policies and procedures promulgated by the Washington State Department of Transportation, and (6) the federal aid project agreement entered Into between the Mate and Federal Government relahv+e to the above project, the Mishington Stale Department of Transporlation 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 herem 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 Go*nment shall be the responsibility of the Local Agency Project Descrip0 on Name 3 -NE pd Phase 3 length 1,99 Termini 8 91 to 10 9 Description of work Work will Include earthwork drainage, HMA surface traffic control and other items Project Agreement End Cate December 31, 2026 Proposed Advertisement Date August 30, 2022 . t)) Poe.:,r WT Form 140-039 Revised 0412022 Washington State Depar°tmont of Transportation By Stephanie Digifi;aliy signed by Director, Local urogramsTax Stephanie Tax Dafie: 2022.08.31 Date Executed 17:58:06 -07'00' i +D7 Cl0 Page t Construction Method of Financing (Cheat Method Selected) State Ad and Award Method A - Advance Payment .. Agency "hare of Natal construction cost (based on contract award) Method S -Withhold from gas tax the Agency's share of total construction crust (line 5, column 2) In the amount of $ at per month for months. Local Force or Local Ad and Award Method C - Agency cost Incurred with partial reimbursement The local Agency Nrther stipulates that pursuant to said `title 23, regulatlons and policies and procedures, and as a condition to payment of the federal funds obligated, It accepts and will comply with the applicable provlslons set forth below, Adopted by of iclal action on 30 January , 201B . , Resol ution/Ordl n once No, 184211 -CC Pr°ovislena t, Scope of Work The Agency shall provide all they work, labor, materiels, and services necessary to perform the project which Is deaMbed and set forth In detail In the 'Project Description" and `Type of Wtark,' Men the State acts for and on behalf of the Agency, the State shall be doomed an agent of the Agency and shall perform the servicas described and Indicated In "Type of ftrk" can the fare of this agreement, In accordames with plans and spealflcM ons as proposed by the Agancy and approved by the Mate and th+a Federal Highway Administration, When the State acts for the Agency but Is not subject to the right of control by the Agency, the Mate shall have the tight to peftrrn the work subject to the ordinary procedures of the ,State and Fed+eml Highway AdminlsttrMon, II. Dologstlon of Authority The slate is willing to fulfill the responslblllUes to the Federal Government by the administratlon of No project The Agency agrees that the state shall have the full authority to arty out this adminlstratton. The State shall review, process, and approve documents required for federal ald reimbursement In accordance with fedaral requimmrents If the State advartis+es and awards the contract, the State will fudher act for the Agency In all matters concerning the proact as mqu+ested by the Agency, It the Local Agency advertises and awards the project, the State shall review the worst to ensure conformity with the approved plans and specifileatlans, III, ProjectAdminlsUatlon Cer%ln types of work and services shall be provided by the State an this project as requested by the Agency and described In the `type of Wank above. In addition, the Mate will furnish qualliied personnel for the supervision And Inspection of the work In p rass, On Loran Aganay advardsed and awarded projects, the supervision and Inspection shall be limited to ensuring all work Is in conformance with approvad plans, speclficadans, and leder al aid roquirernents, The salary of such engineer or other supervisor and all other salaries and costs In+curmd'by State forces updn the project will be considered a cost thereof, All costs related to this project Incurred by employees of the State In the rausrtornary mannar on highway payrolls and voucher's shall be charged as Wats of the project14 IV, Availability of Racordst All prmjoct records In support of all costs Incurred and actual expenditures kept by the Agency are to be maintartned In accordance with local government accounting procedures prescribed by the Washington State Auditor's Otfrlea, the US, Department of Trans4portstian, and the Mshington State Department of irensportatlon, Tho records shall be open to Inspection by the State and Federal Government at all roasonoble times end shall be retained and made available for such Inspection for a perlod of not lass than throe years tram the final payment of any Nderal old funds to the Agency. Copies of said records shall be furnished to the Mata and/or Federal Governmant upon request, V. Oompllanco with Provisions The Agency shall net Incur any (adoral old particlpellon costs an any clasalfleakn of wort on this project until authorized In writing by the State for each classification. The desslficatlons of work for projects are, 1, Prallminery engln+eeringo 2. Right of way arcquisitlon. s, pmjecteanstrudon. Once written authorixallon Is glean, the Agency agrees to show continuous pmgretss through monthly blilings. Failure to show continuous progress may result the Agency's project beaming Inaefive, sa described in 23 OR 630, and subject to de-abligedon of ferderol aid funds and/or agreement closure, If right of way acquisition, or actual construction of the road for which preliminary engineering Is undertaken Is not started by the close of the tenth fiscal year following the fiscal year In which preliminary enginearing phase was authorized, the Agency will repay to that State the sum or euros of federal funds paid to the Agency under that terms of this agreement (sea Section IX), If actual consttru+ctlan of the road for which night of way has been purchased Is not started by the does of the tenth fiscal year following the fiscal year In which the right of way phase waa outhcrtxed, the Agency will repay to the State the sum or sums of federal DOT Form WON Page 2 Revised 0412022 funds paid to the Agency under the terms of this agreement (sea Section IX). 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 rids class of highways, even though such eddlUonal work Is financed without federal old partidpsUan, The Agency agrees that on federal aid highway construction projects, they current federal aid regulations which apply to liquidated damages relatives 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 Tha total cost of the project, Including all review and engineering costs and other expenses of Lha Stake, is to be paid by the Agency and by the Federal Government. Federal funding shall be In accardenre with the Federal Transportation Act, as amended, 2 CFR Part 200, The State shall not be ultimately responsible for any of the crests of the pmject. 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 shell be construed as a pmmise by the State as to the amount or nature of federal par0elpadon In this project. The Agency shall bill the state fear federal aid project costs Incurred In conformity with applicable federal and state laws, The agency shall minimize they trans elapsed between receipt of faderial aid funds .and subsequent payment of incurxed costs. Expenditures by the Loral Agency for maintenance, general edministratlon, supervision, and gather overhead shall not be eligible for federal participatlon unless a currant Indirect cost plan hes been prepared In accordance a wlth the regulations outlined In 2 GFR Part 200 - Uniform AdmIn Requirements, Cost Principles and Audit Requirements for Fedemi Awards, and retained for audit. The State will pay for State Incurred cosh on the project; Following payment, the State shall bill the Federal Govemment for reimbursement of those costs eligible for federal particlpatlon to the extent that such casts ars attributable and properly allocable to this project. The ,State shall bill the Agency For that portion of State costs which were► not m1mbursed by the Federal Government (see SscUon iX), 1. Project Construcdon Costs Project c anstr+ucdon financing will be accomplished by one of they three methods as Indicated In thls egream+enL Mothad 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 can the contract award, The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all casts Incurred under the contract upon presentMon of progress billings rrom the contractor, Following such payments, the Stale will submit, a billing to the Federal Govemment for the federal aid participation share of the rush When the project Is substantially completed and final actual casts of the project can be detarmined, the State will present the Agency witty a renal billing showing the amount due the Stato or the amount due the Agency, This billing will be cleared by either a paymant from the Agency to ft State or by a refund froth the State to the Agency, Mothod 13—The Agency's share of the total consbvcUon cast as shown on the face of thia 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 conflmed by is ter hm the State at the time or contract award. Upon rec elpt of prograss billings from the ccon0actor, the State will submit such blllings► 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 participetion to the extent that such costs are directly attributable and pmpedy allocable to this project. Evenditures by the Local Agency for maintenance, general sdmInlatraiMon, supeNislon, and other overhead shall not be eligible for Federal partMelpatlan unless claimed under a previously appmved Indirect cost plan, The State shall m1mburse the Agency for the Federal share of eligible project costs up to the ernount shown on the face of this agmemenL At the tlrn+a of audit, the Agency will provide documentation of all crests Incurred an the project, The State shall hill the Agency for all casts Incurrsd by the State relativa to the project. The State shall also bill the Agency for the Nderal funds paid by the State to tho Agency fbr project costs which ars subsequently determined to be Ineligible her federal participadon (see Section Int), VI1, 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 fedeml aid costs on the project The report of said audit shall be in the Agency's Illes and made available to the State and the Fadaral Govemm+ant. An audit shall be conducted by the WSDOT Internal Audit Office In a=rdance with generally accepted governmental sudlting standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorizatlon, Selection, and Agreement Adrninistratlon, marn+orsnds of understanding betwoor<'ItVSa4T and FHWA; and 2 GFR Part 200,501 Audit Requirements, It upon audit It Is found that overpayment or partlelpstion of federal money In Ineligible items of cast has occurred, the Agency shall reimburse tho Stats for the amount of such overpayment or excess participation (see Section IX), VIII Single Audit Act The Agency, as a subrecipient of federal funds, shard adhere to the federal regulations outlined In 2 OFIR Part 200.901 as well as all applicable fedeml and state statutes and regulations. A subreclplen#who expends $760,000'ar more In federal awards from all sources during a given flsccel year shall have a single or program -specific sudlt performed for that year In accordance with the provisions of 2 CPR Bart 200,801. upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the repart is transmitted DOT Donn 140-039 Page 3 Revised 0412022 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 forts work, project cancellation, overpayment, roast Ineligible far federal participations, etc,) Is not made to the Stator within 45 daps after the Agency has been billed, the Mate shaft effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additlonel Federal project funding will be approved until full payment Is received unless otherwise directed by the Director, Loral Pmgrams, Project Agreement End Date - This data Is based on your projects Period of Performance (2 CFR Part 260,309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal relmbursemenL All eligible costs Incurred prior to the Project Agreement End Date must be submitted for relmbursernent within sU days attar the Project Agreement End Gate or they become Ineligible far federal reimbursement. 3t, Trafflc Control, Signing, Marking, and Roadway Malntenence Tha Agency will not permit any chenges to be made In the provlslons fbr parking regulations and tmff'c control on this proJect wltho pr(d 'e v i 011he State d Fe o l-I Ilgl y AdMir kat , n. The Agency will not install or ps.olt -to be Installer! any signs, :ilc 01-00 or a(was ©t Io cont rmono wtk t q al odprds a 6 * a by the Federal Highway Adminis on and MUTOa, The Agency W014 at lts* own expense, W r11 n the (nt yr � nt c tiered by FIs gceement. XI. Indemnity The Agency shalt hold the Federal Govemment and the State harmless from and shall process and defend at its own expense all clolms, demands, or suits, whether at low or equity brought against the Agency, State, or Federal Government, arising from the Agency's executlon, performance, or fallure to perforin any of the proulslans of this agrasmant, or of any other agreement or contract c hn ! tdd t g ri. a tt of nfis ng' by fi�dsoTO flSr pa iol on of the Stile,br bderal o erprn r In the ro eo I R !IDEQ nethlpg he Jim lmoll qui .e gam y to rafturse te.. W6 r Federal ! pyprprh nt for a r a i Ing +out of b illy Nury t© , per Ot-dsmsgito Ruthia negligence of tlie Federal Government or the State, X11, Nondlacriminaflon Provielon No liability shall attach to the State or Federal Govemment except as expressly provided hereln. The Agency shall not discriminate on the balls of race, color, national origin, or sex In the award and perfommence of any USDOT. assisted contract and/or agreement or In the administraifon or its OSS program or the requirements or 49 CFR Part 28. The Agency shall take all necessary and reasonable steps under 49 CFR Fart 26 to a nsure nondlacrimination In the award and administration of USOOT-asslated contracts and agreements, The WS00"ra DOE program, as required by 49 CFR Part 26 and as approved by USDOT, Is Incorporated by referenoe In this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shell be treated as a violation of this agreement. Upon notifiicatlan to the Agency of its failure to carry out Its approved program, tha Department may Impose sanctions as provided for under Part 26 and may, In appropriate cases, rafer the matter for enforcement under 18 U S C. 1091 and/or the Program Fraud Olvll Romed,'esAct of 1986 (31 U,S, C. 3801 at saq,) The Agency hereby agrees that it will Incorporate or rause to be Incorporated Into any contract for construction work, or modification thereof, as defined In the nates and regulations of time Secretary of Labor In 41 CFR Chapter 601 which Is paid for in whale or In part with Binds obtained kom the Fademl Government or borrowed an the credit of the Federal Goverment pursuant to a grant, conhc;tt, loan, Insurance, or gu+arantes or understanding pursuant to any federal program Involving such grant,-contracL loan, Insurance, or guarantee, the required contract provlelons for Federra'-Al (c) Refer the case to the Department of Justice for appropriate legal pmceedings XIII, Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR part 535, Subpart 127, es supplemented, relative to the amount of Federal participadon In the project cost, shall be applicable In the event the contractor falls to complete the contract within the contract time, Failure to Include Ilquldated damages provision will not relies a the Agency horn reduction of federal participation In accordance with this paragraph XIV. Tarmination for Public Convenlanco The Secretary of the Washington State Department of Transpartaation may terminate the contract In whole, or from time to time In part, whenever. (1) The requisite feaderal funding barornes unavailable through failure of appropriation or otherwise, (2) The contractor is prevented front pm ending with the work as a direct, result of an Executive Order sof the Prasldent with respect to they prosecuUon of war or In the Interest of national defense,. or an Sxecutive Order of the President or Goven or of the State with respect to the preservatlon of energy resources. '+econ ps rpvetd (r peel with the w by reason'aI` a prellrnlrr, edal, ar eanenttng ',00er o.' oud w dM the Issuaano of such order Is primarily � by theids. or ami al of Otto 001st 010 1 -on.ra"tori (4} The Secretary Is notified by the Federal fthwasy AdminisUation that the project is inactive. (5) The Secretary determines that such termination is In the best interests of the state, XV. Venue for Claims rind/or +Causoo of Aotion the ontlr oe as to this ntraa; It l ago pt.any claims an 06 o ictloh{ thebA o g rt y bras assns ee ,flrttonh growing dot bf 11at or pl�sact with whlcn .lt 4s +cncdrnial ahall bp► br�oaghk ortf In the up. er: .0 for brsfon cbuhf r XVI, Ceartlflaatlon Regarding the RasblaUons of thea t,16e of Federal Funds for Lobbying The appmving authority certiCes, to the best of his or her knowledge and belief, that; (1) No federal appropriated funds have been paid or will be paint, by or on behalf of the undamIgned, to any person fur influencing or attempting to Innu;encea an officer or employee of any (adoral agency, a member of Congress, an o'Mcaer or employee o(Congress, or an employee of a member rpt' Congress In connoctlon with the awarding of any federal contract, the making of sny federal grant, the making of any Weral loan, the entering Into of any cooperative agreement, and the extension, continuation, ranowal, amendment, or mndif adorn of any hfderal contract, grant, loan, or cooperative egreement. (� f fu e r thin f e rl o p t► da .b666'0 old r I ;e Bald, t h e h i'. .e r a y P l V acing q� tt$aa tint to Ir►flanc an coe er $pte d a d f1 encyb as ab of phss, n offlc +cr earns`` to Ogress, p. y ngr , or an m loyae f> mr bar f n s l rrrr is wftla.'thla d0f I con g r, loan, or a g �atl e agreement, nl We uh ersl a gn d h.qI, co l a 0 lana a It p . oar la Report Labbying," In accorda nce with Its Instructions, (3) The undarsigned shall require that the language of this cettficsUon be Included In the award docurnants for all saubawardsa at all Uor(Including 0,4bgrants, avid ,nW411 and s'*U. rad A:S(OMM. , ubrants, loans, and eooperative agreements) whloh +ax ee : �on,gar�q, that all Wt eabte 1pients lea 11 -tat a : diepso A= In gly This cartlnratlon Is a material representflan of fact upon which reliance was placed when this trananotlon was mads or entered Into Submission of this cadincation as a prerequisite for maakInga or antering Into this transaction Imposed by Section 1352, Title 31, U.S. Code, Any person who falls to rife Via required cartlncallon shell be subject to a civil penalty of not less than $10,000 and not more than W0,000 (breach such failure, XVIL Assurances L0011 no. 0 001V1ngF6dere frau ing him the US00T �r Its ,pe �l g dr l al �� r lore 1,ov defaa t MI h Adel 1 Ig .. n. 4 Mom Fader l" a, a 1 rnlr an, + deet l boh ;drnl l ►ta or � a dlr d.t eaubr ft rlttor +�1 sl 'rant al, neo- � tl cy g by pncy Execotiva and eddrea ed to tho State. dd iumeo ag sI, all programs, a vltle -aand satyrs Ill be' orad t ted In eI , a splfAn s �f h eCtln Mal artd lho Artier aM'-n th 0IS bIIi e� � (A AS Additional Provisions DCT Fomt 140-03 Rdvised 0412022 Page 3