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Method A The Agency will place with the State, within (20) days after the
<br />execution of the construction contract, an advance in the amount of the Agency's
<br />share of the total construction cost based on the contract award. The State will
<br />notify the Agency of the exact amount to be deposited with the State. The State
<br />will pay all costs incurred under the contract upon presentation of progress
<br />billings from the contractor Following such payments, the State will submit a
<br />billing to the Federal Government for the federal aid participation share of the
<br />cost. When the project is substantially completed and final actual costs of the
<br />project can be determined, the State will present the Agency with a final billing
<br />showing the amount due the State or the amount due the Agency This billing
<br />will be cleared by either a payment from the Agency to the State or by a refund
<br />from the State to the Agency
<br />Method B The Agency's share of the total construction cost as shown on
<br />the face of this agreement shall be withheld from its monthly fuel tax allotments.
<br />The face of this agreement establishes the months in which the withholding shall
<br />take place and the exact amount to be withheld each month. The extent of
<br />withholding will be confirmed by letter from the State at the time of contract
<br />award. Upon receipt of progress billings from the contractor the State will
<br />submit such billings to the Federal Government for payment of its participating
<br />portion of such billings.
<br />Method C The Agency may submit vouchers to the State in the format
<br />prescribed by the State, in duplicate, not more than once per month for those
<br />costs eligible for Federal participation to the extent that such costs are directly
<br />attributable and properly allocable to this project. Expenditures by the Local
<br />Agency for maintenance, general administration, supervision, and other overhead
<br />shall not be eligible for Federal participation unless claimed under a previously
<br />approved indirect cost plan.
<br />The State shall reimburse the Agency for the Federal share of eligible project
<br />costs up to the amount shown on the face of this agreement. At the time of audit,
<br />the Agency will provide documentation of all costs incurred on the project.
<br />The State shall bill the Agency for all costs incurred by the State relative to the
<br />project. The State shall also bill the Agency for the federal funds paid by the
<br />State to the Agency for project costs which are subsequently determined to be
<br />ineligible for federal participation (see Section IX).
<br />VII. Audit of Federal Consultant Contracts
<br />The Agency, if services of a consultant are required, shall be responsible for
<br />audit of the consultant's records to determine eligible federal aid costs on the
<br />project. The report of said audit shall be in the Agency's files and made
<br />available to the State and the Federal Government.
<br />An audit shall be conducted by the WSDOT Internal Audit Office in
<br />accordance with generally accepted governmental auditing standards as issued by
<br />the United States General Accounting Office by the Comptroller General of the
<br />United States; WSDOT Manual M 27 50, Consultant Authorization, Selection,
<br />and Agreement Administration; memoranda of understanding between WSDOT
<br />and FHWA, and Office of Management and Budget Circular A 133.
<br />If upon audit it is found that overpayment or participation of federal money in
<br />ineligible items of cost has occurred, the Agency shall reimburse the State for the
<br />amount of such overpayment or excess participation (see Section IX).
<br />VIII. Single Audit Act
<br />The Agency as a subrecipient of federal funds, shall adhere to the federal
<br />Office of Management and Budget (OMB) Circular A -133 as well as all
<br />applicable federal and state statutes and regulations. A subrecipient who
<br />expends 5500,000 or more in federal awards from all sources during a given
<br />fiscal year shall have a single or program specific audit performed for that year
<br />in accordance with the provisions of OMB Circular A -133. Upon conclusion of
<br />the A 133 audit, the Agency shall be responsible for ensuring that a copy of the
<br />report is transmitted promptly to the State.
<br />IX. Payment of Billing
<br />The Agency agrees that if payment or arrangement for payment of any of the
<br />State's billing relative to the project (e.g., State force work, project cancellation,
<br />overpayment, cost ineligible for federal participation, etc.) is not made to the
<br />State within 45 days after the Agency has been billed, the State shall effect
<br />reimbursement of the total sum due from the regular monthly fuel tax allotments
<br />to the Agency from the Motor Vehicle Fund. No additional Federal project
<br />funding will be approved until full payment is received unless otherwise directed
<br />the Assistant Secretary for Highways and Local Programs.
<br />DOT Form 140 -039 EF
<br />Revised 01/2004
<br />3
<br />X. Traffic Control, Signing, Marking, and Roadway
<br />Maintenance
<br />The Agency will not permit any changes to be made in the provisions for
<br />parking regulations and traffic control on this project without prior approval of
<br />the State and Federal Highway Administration. The Agency will not install or
<br />permit to be installed any signs, signals, or markings not in conformance with
<br />the standards approved by the Federal Highway Administration and MUTCD
<br />The Agency will, at its own expense, maintain the improvement covered by this
<br />agreement.
<br />XI. Indemnity
<br />The Agency shall hold the Federal Government and the State harmless from
<br />and shall process and defend at its own expense all claims, demands, or suits,
<br />whether at law or equity brought against the Agency State, or Federal
<br />Government, arising from the Agency's execution, performance, or failure to
<br />perform any of the provisions of this agreement, or of any other agreement or
<br />contract connected with this agreement, or arising by reason of the participation
<br />of the State or Federal Government in the project, PROVIDED, nothing herein
<br />shall require the Agency to reimburse the State or the Federal Government for
<br />damages arising out of bodily injury to persons or damage to property caused by
<br />or resulting from the sole negligence of the Federal Government or the State.
<br />XII. Nondiscrimination Provision
<br />No liability shall attach to the State or Federal Govemment except as
<br />expressly provided herein.
<br />The Agency shall not discriminate on the basis of race, color national origin,
<br />or sex in the award and performance of any USDOT assisted contract and/or
<br />agreement or in the administration of its DBE program or the requirements of
<br />49 CFR Part 26. The Agency shall take all necessary and reasonable steps under
<br />49 CFR Part 26 to ensure nondiscrimination in the award and administration of
<br />USDOT assisted contracts and agreements. The WSDOT's DBE program, as
<br />required by 49 CFR Part 26 and as approved by USDOT is incorporated by
<br />reference in this agreement. Implementation of this program is a legal
<br />obligation and failure to carry out its terms shall be treated as a violation of this
<br />agreement. Upon notification to the Agency of its failure to carry out its
<br />approved program, the Department may impose sanctions as provided for under
<br />Part 26 and may in appropriate cases, refer the matter for enforcement under 18
<br />U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C.
<br />3801 et seq.).
<br />The Agency hereby agrees that it will incorporate or cause to be incorporated
<br />into any contract for construction work, or modification thereof, as defined in
<br />the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which
<br />is paid for in whole or in part with funds obtained from the Federal Government
<br />or borrowed on the credit of the Federal Government pursuant to a grant,
<br />contract, loan, insurance, or guarantee or understanding pursuant to any federal
<br />program involving such grant, contract, loan, insurance, or guarantee, the
<br />required contract provisions for Federal -Aid Contracts (FHWA 1273), located in
<br />Chapter 44 of the Local Agency Guidelines.
<br />The Agency further agrees that it will be bound by the above equal
<br />opportunity clause with respect to its own employment practices when it
<br />participates in federally assisted construction work: Provided, that if the
<br />applicant so participating is a State or Local Government, the above equal
<br />opportunity clause is not applicable to any agency instrumentality or
<br />subdivision of such government which does not participate in work on or under
<br />the contract.
<br />The Agency also agrees:
<br />(1) To assist and cooperate actively with the State in obtaining the
<br />compliance of contractors and subcontractors with the equal opportunity clause
<br />and rules, regulations, and relevant orders of the Secretary of labor
<br />(2) To furnish the State such information as it may require for the
<br />supervision of such compliance and that it will otherwise assist the State in the
<br />discharge of its primary responsibility for securing compliance.
<br />(3) To refrain from entering into any contract or contract modification
<br />subject to Executive Order 11246 of September 24, 1965, with a contractor
<br />debarred from, or who has not demonstrated eligibility for govemment
<br />contracts and federally assisted construction contracts pursuant to the Executive
<br />Order
<br />(4) To carry out such sanctions and penalties for violation of the equal
<br />opportunity clause as may be imposed upon contractors and subcontractors by
<br />the State, Federal Highway Administration, or the Secretary of Labor pursuant
<br />to Part II, subpart D of the Executive Order
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