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HomeMy WebLinkAboutCONSENT Olympic Discovery Trail suppl 1 Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Josh Peters, County Administrator From: Monte Reinders, P.E., Public Works Director/County Engineer Agenda Date: September 8, 2025 Subject: Execution of Local Agency Agreement Supplement #1 with WSDOT for construction funding for Olympic Discovery Trail- Anderson Lake Connection project, County Project No. 18019893, Road No. 850200 Statement of Issue: Execution of Local Agency Agreement with Washington State Department of Transportation (WSDOT) Local Programs for distribution of construction funding for Olympic Discovery Trail- Anderson Lake Connection project, Project No. 18019893, Road No. 850200. Analysis/Strategic Goals/Pro's Et Con's: Jefferson County was allocated Federal funding through the Surface Transportation Block Grant. The proposed trail project runs from the south end of Larry Scott Trail to the northern boundary of Anderson Lake State Park. Construction funds were obligated in December 2024. This Supplement is intended to distribute the grant funds to all eligible categories of construction expenditures. Fiscal Impact/Cost Benefit Analysis: The grant amount is $1,519,332. Construction will be funded at 33.65% by this grant. The remaining construction funding is from WA State Recreation and Conservation Office (RCO) WA Wildlife and Recreation-Trails grant #20-1745. Recommendation: Public Works recommends that the Board execute the Local Agency Agreement Supplement #1 with WSDOT Local Programs and return to Public Works for further processing. After WSDOT executes the agreement, Public Works will return document to Board. Department Contact: John Fleming, P.E., Project Manager, 360-385-9160. Reviewed By: 61137d'c- Jo Peters, County Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) Pwoa —)9 CONTRACT WITH: Washington State Department of Transportation,Local Programs Contract No: Contract For: Olympic Discovery Trail Construction Funds Term: 12/31/2028 COUNTY DEPARTMENT: Public Works Contact Person: Chris Spoil Contact Phone: 360-385-9208 Contact email: cspall@co jeflerson wa us AMOUNT: $1.519,332.00 PROCESS: — Exempt from Bid Process Revenue: STBGR-2016(030) Cooperative Purchase Expenditure: 18019893 _ Competitive Sealed Bid Matching Funds Required: yes _ Small Works Roster Sources(s) of Matching Funds RCO WWRP-T 20-1725 — Vendor List Bid Fund # — RFP or RFQ Munis Org/Obj ✓ Other: Grant APPROVAL STEPS: STEP l: DEPARTMENT CERTIFIES COMPLIANCED,g �, ',.�,,� + 55.080 AND CHAPTER 42.23 RCW. DN��-�5,CERTIFIED: n 8/19/2025 N/A:n John Flemin S i s,alnfta an oa 19,S 7711 0700 Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. Digitally signed by John Fem,ng DN'C-US n =lflemin 0, lei son wa us. CERTIFIED: ri N/A: John Fleming Works,Ch1=Counly OU=Pubkc 8/19/2025 Works,CN=John Flemirg Dale:2Urave w iS t+,a u w Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): 1./Electronically approved by Risk Management on 8/28/2025. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): /Electronically approved as to form by PAO on 8/28/2025. V Supplemental state grant contract addressing how funds are being distributed. Thank you for adding the original agreement. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL � Washington State �I/ Department of Transportation Local Agency Agreement Supplement Agency Supplement Number Jefferson County Public Works 1 Project Number Agreement Number ALN. 20.205-Highway Planning STBGR-2016(030) LA 11085 and Construction All provisions in the basic agreement remain in effect except as modified by this supplement. The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment (2 CFR Part 180).Additional changes to the agreement are as follows: Project Description Name Olympic Discovery Trail-Anderson Lake Connection Length 3.15 miles Termini Larry Scott Trail to Anderson Lake State Park Description of Work ✓ No Change Construction of an Olympic Discovery Trail segment connecting Larry Scott Trail via Jefferson Transit Park&Ride,to Anderson Lake State Park. Reason for Supplement Distribute Federal Aid funds from currently only Construction Contract,to allow Federal Aid funding of Construction Consultant, Agency,and State Services also. Indirect Cost Rate[ 1 Yes ✓ No Project Agreement End Date 12/31/2028 Advertisement Date 12/25/2024 Estimate of Funding T e of Work (1) 2 (3) (4) (5) Yp Previous Supplement Estimated Total Estimated Agency Estimated Federal Agreement/Suppl. Project Funds Funds Funds PE a.Agency 0.00 0.00 0.00 0.00 0 % b.Other 0.00 0.00 0.00 0.00 Federal Aid c.Other 0.00 0.00 0.00 0.00 Participation 0.00 0.00 0.00 0.00 Ratio(s)for PE d.State Services e.Total PE Cost Estimate 0.00 0.00 0.00 0.00 0.00 Right of Way f.Agency 0.00 0.00 0.00 0.00 0 g.Other 0.00 0.00 0.00 0.00 Federal Aid I. Other 0.00 0.00 0.00 0.00 Participation 0.00 0.00 0.00 0.00 Ratio(s)for RW i.State Services ,j.Total RIW Cost Estimate 0.00 0.00 0.00 0.00 0.00 86 5tru %uConsction k.Contract 1,756,453.00 -66,700.00 1,689,753.00 228.1 17.00 1,461.636.00 I.Other (Non-Fed.) 2,633,503.00 126,700.00 2,760,203.00 2,760,203.00 0.00 Federal Aid m. Other(Consultant) 40,000.00 -24,439.00 15,561.00 2,101.00 13,460.00 Participation n.Other(Cnslt't, Ag'ncy,State) 0.00 104,757.00 104,757.00 104,757.00 0.00 Ratio(s)for CN o.Agency 181,459.00 -135,1 81.00 46,278.00 6,248.00 40,030.00 p.State Services 10,000.00 -5,137.00 4,863.00 657.00 4,206.00 q.Total CN Cost Estimate 4,621,415.00 0.00 4,621,415.00 3.102,083.00 1,519,332.00 r.Total Project Cost Estimate 4,621,415.(X) 0.00 4,621,4[5.00 3,102,083.00 1,519,332.00 The Local Agency further 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. Agency Official Washington State Department of Transportation By: Heidi Eisenhour,Chair,Board of rson County Commissioners By Agency Date: Director, Local Approved as to form: for Date. 08/25/2025Programs Philip G Hunsucker,Chia ivii ep y Prosecuting Attorney Date Executed Jefferson County Dept of Prosecuting Attorney's Office Page 1 DOT Form 140-041LP Revised 12/2024 •Previous Versions Obsolete* Agency Supplement Number Jefferson County Public Works 1 Project Number Agreement Number ALN 20.205-Highway Planning STBGR-2016(030) LA 11085 and Construction VI. 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 amended, 2 CFR Part 200. The State shall not be ultimately 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 federal 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 between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin. Requirements, Cost Principles and Audit Requirements for Federal Awards, 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 properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (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 records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT 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; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and 2 CFR Part 200.501 -Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation. 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 force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular 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 by the Director, Local Programs. Project Agreement End Date -This date is based on your projects Period of Performance (2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement.All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they become ineligible for federal reimbursement. VIII. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $1,000,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. XVII. Assurances Local Agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA). DOT Form 140-041 LP Revised 12/2024 Page 2 •Previous Versions Obsolete• Instructions 1. Agency—Enter the agency name as entered on the original agreement. 2. Supplemental Number—Enter the number of the supplement. Supplement numbers will be assigned in sequence beginning with Number 1 for the first supplement. 3. Project Number—Enter the federal aid project number assigned by WSDOT on the original agreement. 4. Agreement Number—Enter the agreement number assigned by WSDOT on the original agreement. 5. Project Description—Enter the project name, length, and termini. 6. Description of Work—Clearly describe if there is a change in work such as the addition or deletion of work elements and/or changes to the termini. If the work has not changed, put a check mark in the"No Change"box. 7. Reason for Supplement—Enter the reason for this supplement, i.e., increase PE funding to cover design changes presented in the revised prospectus; request funding of construction phase; decrease construction funding to the contract bid amount. If the supplement is authorizing a construction phase,the project's proposed advertisement date must be included in the space provided. 8. Indirect Cost Rate—Check the Yes box if the agency will be claiming indirect costs on the project. For those projects claiming indirect costs, supporting documentation that clearly shows the indirect cost rate being utilized must be provided with the supplement. Indirect cost rate approval by your cognizant agency or through your agency's self-certification and supporting documentation is required to be available for review by FHWA, WSDOT and/or State Auditor. Check the No box if the agency will not be claiming indirect costs on the project. See Section 23.5 for additional guidance. 9. Project Agreement End Date—Enter your previously established Project Agreement End Date. If authorizing a new phase of the project, update the Project Agreement End Date based on the following guidance: a. For PE and RW—WSDOT recommends agencies estimate when the phase will be completed and add three years to determine the"Project Agreement End Date". b. For Construction—WSDOT recommends agencies estimate when construction will be completed and add three years to determine the"Project Agreement End Date". c. If an extension to a Project Agreement End Date is required between phase authorizations,the need for the extension must be described in the Reason for Supplement.Adequate justification to approve the extension must be submitted with the supplement. See Section 22.3 for additional guidance. 10. Advertisement Date-At construction authorization only, enter the proposed project advertisement date(mm/dd/yy). 11. Type of Work and Funding (Round all amounts to the nearest whole dollar). a. Column 1 —Enter the amounts from column 1 of the original local agency agreement. If the agreement has already been supplemented, enter the amounts by type of work from column 3 of the last supplemental agreement. b. Column 2—Enter increase/decrease to total amounts requested by type of work. c. Column 3—Add the amounts in columns 1 and 2. d. Columns 4 and 5—Enter the appropriate amounts based on the participation ratio recorded on the original agreement. e. State Services—All authorized phases must have funding for state services. Enter the estimated amounts in columns 1 through 5 as described above. 12. Signatures—An authorized official of the local agency signs the Supplemental Agreement and enters their title and date of signature (mm/dd/yy). Note:Do NOT enter a date on the Date Executed line. DOT Form 140-041LP Revised 12/2024 Page 3 •Previous Versions Obsolete• FOR REFERENCE ONLY Original Agreement 4t_ 10 Washington State Department of Transportation Local Agency Agreement Agency Jefferson County Pubbc Works CFDANo.20.205•Highway Planning and Construction (Catalog d Federal 0omeeic A.rsQ4arce; Adwress 623 Sheridan SI Port Townsend.WA 98388-2439 Project No. STBGR-2016(030) Agreement No. C-/ I/08c For WSDOT Jse Only The local Agency having complied,nr 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)2 CFR Part 200,(4)2 CFR Part 180-certifying that the'maal agency s not excluded from receiving Federal funds by a Federal suspension or debarment,(5)the Policies and pmcedures promulgated by the Washington State Department of Transportation,and(6)the federal aid project agreement entered into between the State and Federal Government,relative to the above project,Me Washingtnn State Department of Transportation will authorize the Local Agency to proceed on the project by a separate nn46catton Federal funds which are to be obtigated for the project may not exceed the amount shown herein on line r,cowmr 3,wdhoot written authority try the State,subject to the approval of the Fedora Highway Administration Alt protect costs not reimbursed by the Federal Government shall be the responsibility nl the Local Agency Project Description Name Olympic Discovery Trai-Anderson Lake Connection Length 3 15 miles Termini Larry Scott Trai to Anderson Lake Stale Park Description of Work Construction of an Olympic Discovery Trail segment connecting the Larry Scott Iral.via Jefferson Transit Park&Ride,'o Anderson I ake State park `1,A `tiIr h Project Agreement End Date 12/31/2028 �'' Calming Indirect Cost Rate Proposed Advert.semeniDale r `- 12425i2024 L --Yes it No E ' of Fun. c - ( ) j2 0- Type of Work sbmaled Tod Estimated Agency EsinMed Fedwal - --� . propdFunds runes -- Fires 0 a OW � — Federal Aid c Other Participation - — - — - - RatoforPE 0.00 0.00 0.00 e.Tgisl PE Cost Es�tmam4h!Qtst111 ___---._. .__ Rlgrt of Way f --r--- --__------•-- - 0 t/t E\geoCy g.Other .-.V_- -- Federal Aid ;Partooation Il<S [- . _ - . — 4 . - —. ,Rat o for RW 1.State ServjCes j,Trial WW Colt Estimate 0.00 0.00 0.00 Construction k C4n1ract t,756,453.00 237,121.09 1,519,332.00 88.5 %I (Nan Fed) 2,633,503.00 2,933,503 00 0.00 j ,,Other (Consultant) 40,u00.00 40.000.00 0J00 Federal Aid 11 Mgr 0.00 0.00 OAO Paroclpabon 0,Agency 181 459 00_ 181,459.00 - 0.00 — - Retio for CN - .- --10,000.00 ~ 10000.00 0.00 R Stale Seams - -- 1 q To1ai CN Cot,E-sliAllit .« 4,621,415.00 3,102-.083.00 1,519,33.1 nn 4,62i,415.00 3,102,083.00_ 1.519,332 nu i r TgJ�P • Cost Estimate te�9) _ Agency Official Washington State Department et Transportation 8y �, J By Kate Dean Ste hanle Digitally signed by Title Chair, Boar, of County Commissioners Director, Local Programs p Stephanie Tax Agency Date &/(?./Z.y Date Executed Tax Date:2024.12.19 001 Form 140-O39 Approved as to form Page 1 Revisal n412n22 Dale August 1,2024 Pribp C Hunsucker,Chief Cm;Deputy Prosecuting Attorney.Jefferson County Dept of Prosecuting Attorneys Office 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 gas tax the Agency s share of total construction coast (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 further 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 , Resolution/Ordinance No. - Provisions I.Scope of Work The Agency shall provide all the work, labor materials,and services necessary to perform the project which is described and set forth in detail in the'Project Description'and'Type of Work.' When the State acts for and on behalf of the Agency, the Slate shall be deemed an agent of the Agency and shall perform the services described and indicated in'Type of Work on the face of this agreement in acao►da^ce with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the nght of control by the Agency,the State shall nave the nght to perform the work subject to the ordinary procedures of the State and Federal Highway Administration II.Delegation of Authority The State is willing to fain the responsibilities to the Federal Government by the 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 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 State shall review the work to ensure conformity with the approved plans and specifications. lit.Project Administration Certain types of work and services shall be provided by the State on tors project as ntouested oy the Agency and described in the Type of Work above In addition,the State will furnish qualified personnel for the supervision and inspection of the work in progress On Local Agency advertised and awarded projects the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans,specifications.and federal aid requirements The salary of such engineer or other supervisor and al other salaries and costs incurred by State forces upon the project will be considered a cost thereof.Ail costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers wall 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 Wasnington State Auditors()flee. the U S. Department 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 reta ned and made 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 furnished to the State and/or Federal Government upon request V.Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authonzed in wnting by the State for each classification.The classifications of work for projects are 1.Preliminary engineering. 2. Right of way acquisition. 3. Project construction Once wntten authorization is given,the Agency agrees to show coot nuous progress through monthly billings. Failure to show continuous progress may result the Agency's project becoming inactive,as described in 23 CFR 630,and subject to de-obligation of federal 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 dose of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized,the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement Isee Section IX). If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year following the fiscal year in which the nght of way phase was authonzed, the Agency will repay to the State the sum or sums of federal DOT Form'40-039 Page 2 Revised 04r2022 funds paid to the Agency under the terms of this agreement(see 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 oy 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 on federal ad highway construction projects,the current federal aid regulations which apply to liquidated damages relative to the bases of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time Vt.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 pad by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act,as amended,2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project Tne 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 federal 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 between receipt of federal aid'unds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance,general administration,supervision,and other overhead shall not be elicit e for federal participation unless a current indirect cost plan has been prepared in accordance w th the regulations outlined in 2 CFR Part 200-Uniform Adm.n Requirements.Cost Principles and Audit Requirements for Federal Awards 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 these costs 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 port on of State costs which were rot reimbursed by the Federal Government(see Section IX) 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method 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 et the total construction cost based on the contract award.The State wilt notify the Agency of the exact amount to be deposited with the State The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor.Following such payments,the State wit, submit a billing to the Federal Government for the federal aid participation share of the cost When the project is substantially completed and final actual costs of the project can be determined,the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency.This billing will 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 share of the total construction cost as shown on the face of this 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 confirmed by letter from the State at the time of contract award Upon receipt of progress oiliings 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 the format prescribed by the State, 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 maintenance,general administration,supervision,and other overhead shal. not be eligible 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 the 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 relat ve 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 federai 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 records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT 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 Stales,WSDOT Manual M 27-50. Consultant Authonzation. Selection,and Agreement Administration, memoranda of understanding between WSDO t and FHWA: and 2 CFR Part 200 501 Audit Requirements If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred,the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX) VIII. Single Audit Act The Agency,as a subrecipient of federal funds,shall adhere to the federal regulations outlined in 2 CFR Part 200 501 as well as all applicable federal and state statutes and regulations A subrecipient who expends$/50,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit,the Agency shall be responsible for ensuring that a copy of the report is transmitted DOT Form 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 bilfng relat-ve to the project(e.g,State force work,project cancellation,overpayment.cost ine igible for federal participation,etc.)is not made to the State within 45 days after the Agency has been billed,the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund.No additional Federal project funding wit be approved until full payment s received unless otherwise directed by the Director,Local Programs. Project Agreement End Date This date is based on your projects Penod of Performance(2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement All eligible costs incurred poor to the Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they become ineligible for federal reimbursement. X.Traffic Control,Signing,Marking,and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regu ations and traffic control on this project without pnor approval of the State and Federal Highway Administration.The Agency will not nstall or permit to be installed any signs, signals.or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. —he Agency will,at its own expense,maintain the improvement covered by this agreement. Xl.Indemnity The Agency shall hold the Federal Government and the State harness from and shall 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 the Agency's execution,performance,or failure to perform any of the provisions of this agreement,or of any other agreement or contract connected with this agreement,or ansing by reason of the participation of the State or Federal Government 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 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 not discriminate on the basis of race,color. national ongin, or sex in the award and performance of any USDOT- 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 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements The WSDOTs DBE program,as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement.Upon notification to the Agency of its'a lure 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 et seq). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work,or modification thereof,as defined;n the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is 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 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 Federal-Aid Contracts(FHWA 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 practices when it participates in federally assisted construction work:Provided,that if the applicant so participating is a State or Local Government,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 the contract. The Agency also agrees. (1)To assist and cooperate act vely w th 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 and that it will otherwise assist the State in the discharge of its primary responsibility for secunng 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 the Executive Order. (4)To carry out such sanctions and penalties for violation of the equal opportunity clause as may be 'mposed 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. In addition,the Agency agrees that if it fails or refuses to comply with these undertakings. the State may take any or al'i of the following actions (a)Cancel, terminate,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 fa lure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency:and DOT Form 140-039 Page 4 RPviswt t1412027 (c)Refer the case to the Department of Justice for appropriate legal proceedings XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635,Subpart 127,as supplemented.relative 10 the amount of Federal participation in the project cost,shall be applicable in the event the contractor(ails to complete the contract within the contract time.Failure to include liquidated damages provision will not relieve the Agency from reduction of federal particpation in accordance wan 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,whenever. (1)The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2)The contractor is prevented`rem 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 with respect to the preservation of energy resources. (3)The contractor is prevented from proceeding with the work by reason of a preiminary,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 contractor. (4)The Secretary is notified by the Federal Highway Administration that the project is inactive. (5)The Secretary determines that such termination is it the best interests of the State. XV.Venue for Claims and/or Causes of Action For the convenience of the parties to this contract,d is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, grow ng out of this contract or the project with which it is concerned,shall be brought only in the Superior Court for Thurston County. XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies,to the best of nis or her knowledge and belief,that: (1)No federal appropriated funds have been paid or will be paid,by ur on behalf of the undersigned.to any person for influencing or attempting to influence an officer or employee of any federal agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress;n connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment. or modification of any federal contrail,grant,loan,or cooperative agreement. (2)If any funds other than federal appropnated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency,a member of Congress.an officer or employee of Congress,or an empoyee of a member of Congress in connection with this federal contract,grant,loan,or cooperat.ve agreement,the undersigned shall complete and submit the Standard Form-LLL,'Disclosure Form to Report Lobbying,'in accordance with its instructions. (3)The undersigned shall require that the language of this certification he included in the award documents for all subawards at all tiers(induding subgrants,and contracts and subcontracts under grants, subgrants,loans,and cooperative agreements)which exceed$100,000,and that all such subrecipients shall certify and disclose accordingly. This certification is a matenal representation of fact upon which reliance was placed when this transaction was made 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 Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than S10,000 and not more than $100,000 for each such failure. XVII.Assurances Local agencies receiving Federal funding from the USDOT or its operating administrations(i.e.,Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration)are required to submit a written policy statement, signed by the Agency Executive and addressed to the State,documenting that all programs,activities.and services will be conducted in complance with Sect on 504 and the Americans with Disabilities Act(ADA; Additional Provisions DOT Form 140-039 Page 5 Revised 04/2022 Instructions Agency Name and Billing Address-Enter the Agency of primary interest which will become a party to the agreement. 2 Project Number Leave blank.This number will be assigned by WSDOT 3 Agreement Number Leave blank This number wi I be assigned by WSDOT. 4 a Project Description Enter the project name.total length of the project(in miles),a^d a brief description of the termini Data entered here must be consistent with the name,length,and termini noted in the STIP and Project Prospectus Example:(Name)'Regal Road'.(Length)"1.2 miles", (Termini)'Smith Road to Main Street' b Description of Work-Enter a concise statement of the major items of work to be performed Statement must be consistent with the description of work noted in the STIP and Project Prospectus Example:'Overlay Regal Road. install curb,gutter.and sidewalk,illumination,and traffic signal at the intersection of Regal Road and Dakota Avenue c Project Agreement End Date Enter the Project Agreement End Date(mmlddryy) This date is based on the projects Period of Performance(2 CFR 200 309) For Planning Only projects-WSDOT recommends agencies estimate the end of the projects penod of performance and add three years to determine the'Project Agreement End Date". For PE and RW-WSDOT recommends agencies estimate when the phase will be completed and add three years to determine the'Project Agreement End Date'. For Construction WSDOT recommends agencies estimate when construction will be completed and add three years to determine the'Project Agreement End Date' d. Proposed Advertisement Date -At construction authonzatior only,enter the proposed project advertisement date(mmlddlyy) e Claiming Indirect Cost Rate-Check the Yes box if the agency will be claiming indirect costs on the project. For those projects claiming indirect costs supporting documentation that clearly shows the indirect cost rate being utilized must be provided with the local agency agreement Indirect cost rate approval by your cognizant agency or through your agercy's self-certification and supporting documentation is required to be available for review by FHWA.WSDOT and/or State Auditor Check the No box,f the agency will not be claiming indirect costs on the project. See section 23.5 for additional guidance 4 Type of Work and Funding(Round all dollar amounts to the nearest whole dollar) a. PE Lines a through d show Preliminary Engineering costs for the project by type of work(e.g.,consultant.agency. state services,etc.). 'Federal aid participation rate,for PE enter ratio for PE lines with amounts in column 3. ▪ Line a Enter the estimated amount of agency work in columns 1 through 3. • Line b 8 c-Identify user, consultant,etc. and enter the estimated amounts in columns 1 through 3 • Line d State Services Every project must have funding for state services. Enter the estimated amounts in co..umns 1 through 3. • Line a --Total of lines a+b+c+d. b Right of Way-If a Right of Way phase is authorized on the project,the appropriate costs are shown in lines f through i. 'Federal aid participation ratio for RW enter ratio for RW lines with amounts in column 3 • Line f- Enter the estimated amount of agency work in columns 1 through 3. • Line g 8 h-Identify user, consultant,etc.and enter the estimated amounts in columns 1 through 3 • Line i State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. • Linej - Total of lines f + g+ h + i. c. Construction-Lines k through p show construction costs for the project by type of work(e.g., contract, consultart,agency. slate services,etc) 'Federal aid participation ratio for CN-enter ratio for CN lines with amounts in column 3. DOT Form 140-039 Page 6 Revised 0417022 • Line k-Enter the estimated cost of the contract. • Lines I,m,&n-Enter other estimated costs such as utility and construction contracts or non-federaNy matched contract costs. • Line o-Enter estimated costs of all construction related agency work. • Line p-State Services Every project must have funding for state services Enter the estimated amounts in columns 1 through 3. • Line q-Total Constructon Cost Estimate Total of lines k+I+m +n+o+p_ d. Total Project Cost Estimate • Line r-- Total Cost Estimate of the Project Tota of lines e +j+q Please remember, if the federal aid participation rate entered is not the maximum rate allowed by FHWA,then the participation rate entered becomes the maximum rate allowed. 6. Signatures-An authorized official of the local agency signs the agreement and enters their title and date of signature(mm/dd/ yy).Note:Do NOT enter a date or the Date Executed line. 7. Method of Construction Financing-Choose the method of financing for the construction portion of the project. a. Method"A"is used when the state administers the contract for the agency. b. Method"B"is also used when the state administers the contract for the agency. c. Method"C"is used with projects administered by the local agency.The agency will submit billings monthly through the state to FHWA for all eligible costs.The billings must document the payment requests from the contractor. If state-force work, such as audit and construction engineering,is to receive federal participation,it w II be billed to the agency and FHWA simultaneously at the indicated ratio.To show continuous progress agencies should bill monthly until agreement is closed. 8. Resolutions/Ordinances-When someone other than the County Execut ve/Chairman.County Commissioners/Mayor is authorized to sign the agreement,the agency must submit to WSDOT with the agreement a copy of the Resolution/Ordinance designating that individual 9. Parties to the Agreement-Submit one onginally signed agreement form to the Region Local Programs Engineer It is the responsibility of the local agency to submit an additional,originally signee agreement form if they need an executed agreement for their files.The agreement is first executed by the agency official(s)authorized to enter into the agreement It;s then transmitted to the state for execution by Local Programs. The agreement!s dated at the time of final execution by Lour Programs, DOT Form 140-039 Page 7 Revised 04/2022 Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator From: Monte Reinders, P.E., Public Works Director/County Engineer le le Agenda Date: August 12, 2024 Subject: Execution of Local Agency Agreement with WSDOT for construction funding for Olympic Discovery Trail- Anderson Lake Connection project, County Project No. 18019893, Road No. 850200 Statement of Issue: Execution of Local Agency Agreement with Washington State Department of Transportation (WSDOT) for construction funding for Olympic Discovery Trail- Anderson Lake Connection project, Project No. 18019893, Road No. 850200. Analysis/Strategic Goals/Pro's Et Con's: Jefferson County was allocated Federal funding through the Surface Transportation Block Grant. The proposed trail project runs from the south end of Larry Scott Trail to the northern boundary of Anderson Lake State Park. Construction funds are planned to be obligated in August 2024. Fiscal Impact/Cost Benefit Analysis: The grant amount is 51,519,332. Construction will be funded at 33% by this grant. The remaining construction funding is from WA State Recreation and Conservation Office (RCO) WA Wildlife and Recreation-Trails grant #20-1745. Recommendation: Public Works recommends that the Board execute the Local Agency Agreement with WSDOT and return to Public Works for further processing. After WSDOT executes the agreement, Public Works will return document to Board. Department Contact: John Fleming, P.E., Project Manager, 360-385-9160. Reviewed By: Mark McCauley, unty Administrator Date CONTRACT REVIEW FORM c ear rorm (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Waewammn Stab Department or Trersportaton Contract No: PW 2324-092 Contract For: Olympic Discovery Trail Construction Funds Term. 12/31/2028 COUNTY DEPARTMENT: Ewa.. Contact Person: cti,.sou+ Contact Phone: 360 ME Baca Contact email: c , n w.JS SSAMOUNT: st.s19.332.o0 PROCE : Exempt from Bid Process Revenue: _ Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: ,as Small Works Roster Sources(s)of Matching Funds RoowWRP-T 20-1 izs .._ Vendor List Bid Fund# county cam'F,rw 1302 RFP or RFQ Munis Org/Obj ✓ Other:Grant APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES CO PLIANCE TB JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: ❑ N/A:❑■ =� �/f 1d/to1µ Signature Date STEP 2. DEPARTMENT CERTIFIES THE PERSON PRO SED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL STATE, OR LOCAL AGENCY. CERTIFIED: ❑ N/A: ❑� - -/i$/:old Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through I,aserfiche): Electronically approved by Risk Management on 8/1/2024. State agreement. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through La`ediche): /. Electronically approved as to form by PAO on 8;1/20?4 v State language cannot change. STEP 1: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6:CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL