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HomeMy WebLinkAboutCANCELLED - Washington State Department of Transportation SR 19 Rhody Drive Ped-Bike Improvements Supplement 2 - 020226AM MWashington State Department of Transportation Local Agency Agreement Supplement Agency Supplement Number Jefferson County 2 Project Number Agreement Number ALN. 20.205 - Highway Planning TAP-HLP-0019(008) LA-10459 and Construction Federal High Administration FHWA 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 SR-19 Rhody Drive Pd-Bike Improvements - South Termini SR-19 MP 8 94 to SR-19 MP 9.56 Description of Work V No Change Reason for Supplement Length 0.62 mi Obligate additional funds for PE phase, and extend Project Agreement End Date Indirect Cost Rate Yes ( No Project Agreement End Date 12/31/2029 Advertisement Date Estimate of Fundin (1) 2 (3) (4) (5) Type of Work Previous Supplement Estimated Total Estimated Agency Estimated Federal A remenUSu I. Project Funds Funds Funds PE 86.5 a. Agencv 0.00 b. Other SEE EXHIBIT A Federal Aid c. Other Participation Ratio(s) for 0.00 d. State Services PE e--TataLPE Qnst Estimate 0.00 0.00 0.00 0.00 0.00 RW f. Agency 0.00 Q. Other 0.00 Federal Aid h.Other 0.00 Participation Ratio(s) for RW i. State Services 0.00 i. Total Estimate 0.00 0.00 0.00 0.00 0.00 N k. n 0.00 I. Other 0.00 Federal Aid m. Other 0.00 Participation n. Other 0.00 Ratio(s) for CN o A encv 0.00 p. State Services 0.00 g. Total CN Cost Estimate 0.00 1 0.00 0.00 0.00 1 0.00 r. Total Pr-q'ect Cost Estimate 0.00 10.00 0.00 0.00 10.00 The Local Agency furth r stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to paymeALQLhe Federal funds obligated, it accepts and will comply with the applicable provisions. Agency Offil By Title Agency Date DOT Form 140-041 LP Revised 09/2025 • Previous Versions Obsolete . AnnrnvM as to form only: tl ,I C'. January 22, 21]26 Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney Washington State Department of Transportation By Director, Local Programs Date Executed Page 1 Agency Supplement Number Jefferson County 2 Project Number Agreement Number ALN 20.205 - Highway Planning TAP-HLP-0019(008) LA-10459 and Construction Federal Highway Administration (FHWA) 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. Vlll. 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 09/2025 Page 2 • Previous Versions Obsolete • Exhibit A Jefferson County SR 19 Rhody Drive Ped-Bike Improvements - South Segment TAP-00109(008) Local Agency Agreement: LA-10459 Supplement #2 VERS 3 2/14/2025 Type of Work (1) (2) (3) (4) (5) (6) Previous Agree/Suppl Supplement Estimated Total Project Estimated Agency Funds Estimated State Fund Estimated Federal Funds PE 86.5% Federal Aid a b d Agency (Fed. TAP) Other (Consultant)(Fed. TAP) Other (Agency)(State CCPP) $ 80,850.00 $ $ 80,850.00 $ 10,915.00 $ $ 69,935.00 $ 89,980.00 $ 89,980.00 $ 12,147.00 $ $ 77,833.00 $ 21,553.00 $ $ 21,553.00 $ 21,553.00 $ - Participation a Other (Consultant)(State CCPP) $ 197,247.00 $ 141,300.00 $ 338,547.00 $ - $ 338,547.00 $ - Ratio for PE, 100% State Aid f g State Services (Fed. TAP) Total PE Cost Estimate $ 5,000.00 $ - $ 5,000.00 $ 675.00 $ - $ 4,325.00 $ 394,630.00 $ 141,300.00 $ 535,930.00 $ 23,737.00 $ 360,100.00 $ 152,093.00 Right of Way 100.0% Federal Aid h i j Agency Other (Consultant) Other $ - $ - $ $ $ $ $ Participation k State Services $ $ $ $ Ratio for R/W I Total R/W Cost Estimate $ $ $ $ - $ $ Construction y m Contract CWA $ $ $ $ 86.5% Federal Aid Participation Ratio for CN y N y n o p q Contract Local Contract STP Agency Agency Local $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ N r Agency STP $ $ $ $ y s Agency CWA $ $ $ $ y y t State Local State Services CWA] $ $ $ $ $ $ $ $ u Total CN Cost Estimate $ $ $ $ $ $ v Total Project Cost Estimate $ 394,630.00 $ 141,300.00 $ 535,930.00 $ 23,737.00 $ 360,100.00 $ 152,093.00 Aim Washington State T2F Department of Transportation Local Agency Federal Aid Project Prospectus Prefix Route Date 01/12/2026 Federal Aid Project Number TAP-HLP 0019 008 DUNS Number 179278197 Local Agency LA-10459 ( WSDO y 1 Federal Employer 91-6001322 Project Number ` Use Only I Tax ID Number Agency CAAgency Federal Program Title Jefferson County Yes ❑ No ❑ 20.205 ❑Other Start Latitude N 48.010265 Start Longitude W 122.765952 Project Title SR-19 Rhody Dr. Ped/Bike Improvements South End Latitude N 48.012938 End Longitude W 122.776680 Project Termini From -To Nearest City Name Project Zip Code (+4) Center Rd W. Valley Rd Chimacum 98325-8702 Begin Mile Post End Mile Post Length of Project Award Type 8.94 9.56 0.62 ❑✓ Local ❑ Local Forces ❑ State ❑ Railroad Route ID Begin Mile Point End Mile Point City Number County Number County Name SR-19 8.94 9.56 16 Jefferson WSDOT Region Legislative District(s) Congressional District(s) Urban Area Number Olympic Region 24 6 Total Local Agency Phase Start Federal Funds Phase Estimated Cost Funding Date Nearest Hundred Dollar Nearest Hundred Dollar Nearest Hundred Dollar Month Year P.E. $535,900 $383,800 $152,100 June 2022 R/W $41,200 $41,200 June 2026 Const. $1,421,000 $1,421,000 January 2028 Total $1,998,100 $1,846,000 $152,100 Description of Existing Facility (Existing Design and Present Condition) Roadway Width Number of Lanes 40 ft (12ft lanes, 8ft shoulders) 2 The existing facility is a state highway (SR-19) and the adjacent highway right of way, with the exception of the proposed pedestrian bridge right of way. Description of Proposed Work Description of Proposed Work (Attach additional sheet(s) if necessary) Design and construct pedestrian and bicycle facilities to serve Safe Routes to Schools and the commercial corridor on a state highway. This includes new infrastructure for a pedestrian stream crossing, bus stop and pedestrian intersection crossings. Local Agency Contact Person Title Phone Q.tf-le-«ory Pro (Q,::�- f7?aM0-Y eC-- ar-0 a3s-9r69 u�►�t Mailing Address ' Cit State Zip Code By Project Prospectus Approving Authority Title ,� � - � Date uu I Form 14U-101 ' Revised 01/2022 Previous Editions Obsolete Pagel Agency Project Title Date Jefferson County SR-19 Rhody Dr. Ped/Bike Improvements S(i 01/12/2026 Type of Proposed Work Project Type (Check all that Apply) Roadway Width Number of Lanes New Construction ❑ Path / Trail ❑ 3-R ❑ Reconstruction ✓ Pedestrian / Facilities ❑ 2-R ❑ Railroad ❑ Parking ❑ Other ❑ Bridge Geometric Design Data Description Through Route Crossroad ❑ Principal Arterial ❑ Principal Arterial Federal ❑ Minor Arterial ❑ Minor Arterial ❑ Urban Urban Functional ✓❑ Collector El Collector Rural L✓ Rural Classification ❑NHS ❑Major Collector ❑NHS � Major Collector ❑ Minor Collector ❑ Minor Collector ❑ Local Access ❑ Local Access Terrain Lam✓ Flat [:]Roll [:]Mountain ❑✓ Flat ❑ Roll [:]Mountain Posted Speed 35 MPH 35 MPH Design Speed 45 MPH 45 MPH Existing ADT 8000 8000 Design Year ADT N/A N/A Design Year N/A N/A Design Hourly Volume (DHV) N/A N/A Performance of Work Preliminary Engineering Will Be Performed By Others Agency Agency and Consultant 70 % 30 Construction Will Be Performed By Contract Agency Contractor 100 % 0 0/01 Environmental Classification ❑ Class I - Environmental Impact Statement (EIS) ❑✓ Class II - Categorically Excluded (CE) ❑ Project Involves NEPA/SEPA Section 404 Projects Requiring Documentation Interagency Agreement (Documented CE) ❑ Class III - Environmental Assessment (EA) ❑ Project Involves NEPA/SEPA Section 404 Interagency Agreements Environmental Considerations This project will inairily be constructed withing the existing road shoulder and right of way along SR19/ The proposed design includes placement of a prefabricated pedestrian bridge alongside an existing bridge and will require purchase of right of way. This design will limit impacts to Chimacum Creek during construction. uui rorm 14u-1u1 Paget Revised 0112022 Previous Editions Obsolete Agency Project Title Date Jefferson County SR-19 Rhody Dr. Ped/Bike Improvements S( 1 01/12/2026 Right of Way - - ❑ No Right of Way Needed [✓ Right of Way Needed "AII construction required by the �/ No Relocation ❑ Relocation Required contract can be accomplished within the existing right of way. Utilities Railroad ❑ No utility work required 0✓ No railroad work required ❑AII utility work will be completed prior to the start ❑AII railroad work will be completed prior to the start of of the construction contract the construction contract ❑✓ All utility work will be completed in coordination ❑ All the railroad work will be completed in coordination with the construction contract with the construction contract Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project Minor utility work is anticipated due to excavations. FAA Involvement Is any airport located within 3.2 kilometers (2 miles) of the Yes Z No designee, and is not inconsistent with the agency's comprehensive ` Ian for community development. Agency Jefferson Cou a f o Commi signers Date By yor airperson G re DOT Form 140-101 Page 3 Revised 01/2022 Previous Editions Obsolete 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: Eric Kuzma, Public Works Director Agenda Date: February 2, 2026 Subject: Local Agency Agreement Supplement No. 2 SR19 Rhody Drive Ped.-Bike Improvements - South Segment County Project No. 1802095, WSDOT Project No. TAP-0019(008) Statement of Issue: Local Agency Supplemental Agreement No. 2 with the Washington State Department of Transportation (WSDOT), for the SR19 Rhody Drive Ped.-Bike Improvements - South Segment project was signed by the Board on April 3, 2025 and forwarded to WSDOT for processing. In the paper flow at WSDOT the Agreement was delayed, then lost, and meanwhile their template was updated. WSDOT requested on January 13, 2026 that Jefferson County resubmit Local Agency Supplemental Agreement No. 2 on the updated form with a new Project Prospectus. Analysis/Strategic Goals/Pro's I* Con's: The SR19 Rhody Drive Ped.-Bike Improvements - South Segment project is included in the officially adopted 2026-2031 Transportation Improvement Program (TIP) as Item No. 7. This project will provide pedestrian and bicycle facilities along SR19 in Chimacum, including ADA accessible sidewalks, crosswalks, a bicycle lane, and a pedestrian bridge across Chimacum Creek. This project is part of the Tri-Area Transportation Plan - a comprehensive plan to establish pedestrian and bicycle connectivity in Chimacum, Hadlock, and Irondale. Execution of this Supplemental Agreement will provide for engineering and environmental consultants and Jefferson County Public Works (JCPW) staff, for preparation of design and construction bid documents. Fiscal Impact/Cost Benefit Analysis: JCPW originally obtained a Transportation Alternatives Program (TAP) grant from WSDOT for $175,830 which included a 13.5% matching funds requirement. A subsequent WSDOT Connecting Communities Pilot Program (CCPP) grant was awarded in March, 2024 for $260,000 (100%) for Preliminary Engineering (PE) and Right -of -Way expenses. This was followed by the award of an additional $141,300 (100%) in CCPP funds in January, 2025 for a total funding amount of $577,930. It is necessary to obligate the additional CCPP grant funds now so that JCPW may use these funds to reimburse PE phase expenses. Recommendation: Public Works recommends that the Board execute one original of the Local Agency Agreement Supplement No. 2 with WSDOT and return to Public Works. A fully executed copy of the Local Agency Agreement Supplement No. 2 will be returned to the Board after execution by WSDOT. Department of Public Works O Consent Agenda Page 2 of 2 Department Contact: Bruce Patterson, Project Manager, 385-9169. Reviewed By: /I -71X Josh,P. ters, County Administrator Dat CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Washington DOT Contract No: AqZoZG—O(J Contract For: SR 19 Rhody Drive Ped-Bike Improvements - South Segment (18020950) Term: 12/31 /29 COUNTY DEPARTMENT: Public Works Contact Person: Bruce Patterson Contact Phone: 360-385-9169 Contact email: bpatterson@co.jefferson.wa.us AMOUNT: $141,300.00 Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds Fund # Munis Org/Obj WSDOT C.C.P.P. (100%) 18000010.595.410000 No 180 18033403.334061.20950 PROCESS: Exempt from Bid Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Other: LAA Supplemental # 2 APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLI CE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: ❑ N/A: ❑■ ..s:. — (J Z Signature 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. CERTIFIED: ❑ N/A: F-� Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): electronically approved by Risk Management on 1/23/2026. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 1/22/2026. State Contract - supplement - difficult to change 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 Adft woWashington state l Agency A u Department of Transportation Local 9 Y Agreement Supplement �Er"_.r I�Uppie^ent 'J_,r'ra JEFFERSON COUNTY t Agreement Number ICFDA No 20.205a- TAP-0019(ooe) LA 10459 and Co^sj Lc. mr 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 SR 19 RHODY DRIVE PED-81KE 'MPROVEMENTS - SOU-H SEGMENT LP.n,ir 3 82 nnl e Termini SR 19 M P A 94 (CENTER ROAD) TO SR 19 M.P. 9 56 (WEST VALLEY ROAD) Description of Work J No Change Reason for Supplement Ob,igate new PE State Funds (CCPP) & Shift existing Federal Funds (IAA') `row PE Agency Yne to a now PE Consultant line Are you claiming indirect cost rate? Yes V No Type of Work 1 (1) Previous Pro)ect Agreement End Date E)eoewber 31. 2026 Advertisement Date pp�Writ Estimated-oW Es6rttatedAgency, Estimated Federal wrofec' Funds Funds Funds :)E X -SY - _ _ 0 - - 0.00 itderal Aid 0.00 Participation —_.___ __ Ratro kx PE - -_ 0.00 g' . Toni pE Cost �PimRight 0.00 0.00 0,00 0.00 0.00 -- 0.00 of %� 4hotfi� 000 Federal Aid �sbon GParb 0.00 0. W Ratio for RW SMW AW= _ T tai se Cost Esb„(f•y_ 0.00 0.00 0.W 0.00 ( 0.00 Constnxtion it- ConM _ 0.00 % 1_ Q"W 0.00 0,00 fr. Other Federal Ad n �hflr -- 0.00 Participation Rato for ON -- 0 W___ Stale 50-ces 0,00 0,00 u.tx) 0.00 10.00 10.00 r T Pr4l-Cost Eslirr�tQ �+ 0.00 0.00 tl till 0.00 0.t1tIII �..._ The Local Agency further stipulates that pursuant to said Title fi, regulations and policies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comp with the applicable provisions Agency Official 0 Washington State Department of Transportation By By Title ()P(4n ('Ap4r RC t Director, Local Program Agency Date 17Z /Apprp� as to form only l (2 . -" I Date Ezer uted I A 2024 DOT Form 140-041 U y ' Page t Reouceid 04=2 Plop C Hunsi ricer, Date Chief CI'Al Deputy P usecul ng Attorney i -I 7 =::of 1111ilanslowitation Local Agency Agreement Supplement Agency Supye++tent VuTtf .+EFI t R5(7N WUN i Y t Ve&-alaid ProteetNim", Agr1!emen Vsurlbe• CFDANo 20.205 � `vh-*-x Pa^""3 TAP-0019(008) LA 100A and CcVM c3W All provisions in the t hwc mWIlem"nt rt:mabr Nt uN'Uct a Cept as modified by Inn supple -malt -he Lola. Agency Geri Iles !hat it is not excluded Gorr recelvtnp Federal funds by a Fedemi sustmnsron or debarment (2 CFR Part 190) Additional changes to the agraement are as foluws Project Description Nam" SR 19 R40DY OR VE PEQ•B+KE MPROVENCN'S - S(JJ'" aEGMEAT I P'Mth 062 nukit Termini SR 19 ht P A 94 (CENTER ROAD', TO St•t 19 M P 9 5A fWFFT VAL..F" R()AO) Description of Work of No (Mang" Reatitarr her Supplement Ob,gatc new PE Slate Funds (C(.PPj R -,Ole eir stnq Federet runas (iAP; ,mn +'I- Agen-y lrna rn anew PE Uo,rsiltart line Ar" ydri, cladming Indirect cast rate? Yes V No fire ect Alt•een•ent End f),VP (?cix-rrtrch 31 2n21; Acivorlisiin .in Date Estimate 01 FenMhtp Type of work �41 is) t`t Pres,C�s Est^hated-olal U.—a'edAgency Es'+ntated-Meta �uPC In-en1 DF _._.. 7BClrt^':S'CP Pro " MI FL"di fures i AWXy 1 r =edwal AA z SEE EXHIBIT A 'aKts:y�tior lc(Jt�er C4'W Ratio k:r ?E a�".Slata SOfY!t?Q5 . `1't, Tows pE C;w Eirr+nmp of Wsy 4lKcr t tj o txt 1 C ter Feeeral 4+d 1 01r1 1 Pa,t:xrala-r " Cfipr UtRr Ratio 'or RW .. Sii~tc stlyus._ S. IZCL'sI Eftn'ata d'9 ^,) ins seI �,W Cc�suc. �.�Ganttast a+^r � w•. rr 0 ro• �n C ;Federal A-7 �zarbr.paw ' !Rat _ fly h +2_ ! U tK1 - a $tote 5rV'C" ;N+ 7 TQiij irN G�1 �S9 R3tC N a•' vv: h M • 11 011 1110 TGSsf i'rafG1 C9!} Elpe'Ie1Ru»ru 1 t1 fk' ri tot n NO a in a tN1 The Local Agency hrrthelr stlpulutea ',hat pursuant Iu sd d Tilk i3. regu a' ohs and pchc+"s and procedures and as a condition to payment of the Federal IrnCs a0ligaled, it actmots and wi l comp y nnth the auu Kdble provisions; Agency Official ^ Washington State Oepentrinent of Transportation By By Oig=taity signed by TOO , Director. _ocal arogramStephanie Stephanie Tax Agency Date ,1 {, .• )ate c xacuttsd Tax Date 2024.07.31 180143 C,'00' x), r im, 140.d4• July a 2024 Re -mad 041327 Pndrr d'' '401­S::KW C"n ihiC.n DCour. 1'ocC_A h,Al".i. Agency 'Supplement Number JEFFERSON COUNTY t Federal Aid Project NumbeAgreement N imber- MAW. 20.205 -Highway Planning TAP 0019(008) LA 10459 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 Pnnc,ples 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 property allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Feder* 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 Fnd 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 $750,000 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). CK]T Finn 140-041 Page 2 Revised 04!2022 Exhibit A Jefferson County SR 19 Rhody Drive Ped-Bike Improvements - South Segment TAP-00109(008) Local Agency Agreement: LA-10459 Supplement #1 6/28/2024 Tyne of Work (2) (3) 4) Estimated State Fund Estimated Federal Funds Previous Agree/Sapp! Supplement Estimated Total Project Estimated Agency Funds I'L a Agency 170,83000 $ (89,980001 S 80A50.00 $ 10,915.00 $ 69,935,00 FIG W b Other (Consultant) $ 89,980.00 $ 89,990.00 $ 12,147.00 $ 11,833,00 Federal Aid Participat,on Ratio for PE d e f Other (Agency) Other (Consultant) State Services $ 21,S5100 $ 21,553-00 21,553.00 $ 197,241M $ 197,247.00 1 $197,247 00 5,000.00 $ 5,000.00 5 675,00 4,325.00 g Total PE Cost Estimate 175,930,00 218,800.U0 $ 394,630.00 $ 21,737.00 5 718,800,00 152,093.00 Right of Way 100.0% Federal Aid Participation h i j k Agency Other (Consultant) other State Services $ Ratio for R/W I Total R/W Cost Estimate $ Constructior Y rr Contract C%VA $ 86 55- y n Contract Local $ rederai Aid Partic,pation Ratio for CN N y 0 p q Contract STP Agency Agency Local $ $ $ $ $ 5 N r Agency STP $ y s Agency CWA 5 y State Local y t State Services CWAI 6 Total CN Cost Estimate v Total Project Cost Estimate 5 17S,830.00 219,9013.00 5 394,630.00 5 23,737.00 5 218,800,00 5 152,093.00 tfi�f•:-� N'' Washington State TAP Department at Transpcwtatioftt Local Agency Agreement Agency Jeffemof CFOA No 20 205 • fioway Pbnnmg andCortalnledon (Catalog of 'dotal Domestic Assrstancal Ado 623 Snendan Street Ts�P-0019(0(?8} PoZ Townsend WA s8W Project No Agreement No. L _ rl I c, y5`� _ For WS00T Usese Ot�tM The LocslAgency navmg comptred or nereby ayrre ng to CorrPty, w'dh the ter'* s and c. r,, dgns set forth to (1) Too 23. U S Code Hghways (2) the egulabons rsaued Porsu.int thereto (3) 2 CFR Part 200, (4) 2 CF R Part 150 - cer*tng that the local agency is not excluded from recewng Federal funds oy a Federal suspension or debarrrent (S) the UOII: reS and Procedures Promulgated by the Wasrimgton S:ate DeOartment of Transportation, and (61 the federal ate p(gect agreement entered into between the Stab and Federal Government re+etrve tb the above pro,ea the Washington State Deoarr"ru of Transtxsrrai.on wx authorise the t ocal Agency to Proceed on the Proloo by a separate r"fi cation Feoe'al kinds wtay- are to be aw gates for the Orojea may not eacmd pie arrownt ercwn harem tm tine It Column 3 *thout wvtte•+ atAtttxtty by the State st ollect .o lit, atw'ova of the Feftw Ngnway Adrinwouraton All PrUMd Costs not Heim wreed by tt a Fede at Gowernmert shall ce the resoons Way of he Local Agercy, Project tbecripbon Name S4 19 Hhoey D,ve Ped-Hate ImprovernerNs - South length 062 Terrnin Center Road MP 9 94 to West Valley Road MP 0 56 Oescriptlon of Work Design ana Constr,cl Peeestna I) yde (40Mes to BON41 safe -outes to school end Comme`taal eomaor or a Siam htghwaty (SR ig) InCfrdea new rn'•sevia.re 'or a oedesthar strew- crosawng and oeoestrrs^ into sac-t or, c-oss ngs 'roled Agreement Et,d Date Deae-rber 31 2326 Or000sec Adve usemew Date Type of Wort PE a. Agency I edera+ Ad Par2apatcn _—__-- .RahO `C' �� d Slab 52IYa:eS -_._- e Tot,l aE Cost Es(nrla1 f-o-c- _ n! Wary t Agency N Qtiia' O't,OpebOn h Other -- Raw bf RW ` State Ser"M VolbOrocttai 1_TM RAMOCKE>if wafe �. Xi I - Oft, tr► 'Vtf•er Federal Aid r 0"r Partopmon Ratio forCN g.AiGLGi'_ p. Sim Sekvltxsi __J - TDLCN CosttEprnate. yii+ »r.o.w Lost Esi �kle,yl By cis" Tife r Agency Da e r�fnt�cf,�ka�- Approved as to m y DOT Form 140.039 • V. ' 0 . , , _ 8126122 for Revised 04.17027 -- PeMpC tiunstbta CrMef GV"9 oe!>„ty r''weaubng Asorncy Ctau+rnp Indirect Cad Rats Yes V' No Eswretsd Ictai Ftbrcated Agency Eatmaled Federal afaw Ft,Ms Fulls Funds 170.830 00 21062 00 147,755 00 5.00000 67500 j A,325 00 17S.83010 23,737 00 T 52.09iiW 0.00 0.00 0.00 000 000 0.00 ! 75,M30.00 23.737.00 117 09100 Washington State Department of TranspotWlon By Stephanie ©grtNys.yn@dby N Steohanie -&- Director Local Programs TAX Date:202249,15 Date Executed 16:2WS 07,W Pw 1 Construction Method of Financing (Check Method Selected) State Ad and Award Method A - Advance Payment - Agency Scare of total construction cost (based on contract award) Method B - Withhold from gas tax the Agency's share of total construction coast (ine 5, column 2) in the amount of $ at 5 per month for rronths Local Force or Local Ad and Award V Method C - Agency cost incurred with partial reimbursement he 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 January 6 2003 Resolution/Ordinance No. Certification Acceptance Qualification Agreement Provisions I. Scope of Work The Agency shall provide a i the work, tabor, materid s arxi servuxs necessary to perm the praec *in tan ,s descrbed arc set florin in detail in tie 'Prcled Description• aria'Type of VVo•k ' When the State aria for and on behalf of fhe Agency the State sraii ee deemed an agent of the Agency and shalt berform the services descr,bec and rrdreateic n 'Type of Work' or the hoe of nu agreement. in a--coraarce with ptahs ans speed catrc?s as proposed by tr^e Agency and approved by the State and the Faders Ngnway Admm:stratlon When tr+e State acts for ire Agency but is not subject *o the r ghc of co^trial by the Agency the Stare srail rave the npnt to perform the wo•k suotect to 'tie or0 n; ty prcceaures of the State a. W Feat Highway Adm nistration 11. Delegation of Authorily 'he State is wKrg to fultdl the responarbrlittes to the Federal Govemmilent by the adm rdsiraticn of this protect' the Agency agrees that the State shah have the full authority to Girt' cut this admmistratoom The State shalt review, process, and approve documents required for federal ad ramoursennerl n acco-dares with federal mquirements If tl+e State adve•t es and awards the contrail the State win Further act b' the Agency in all masers concerrnrtg the pmect as requested by the Agency if the Local Agency advertises and awards the croiect, Ina State share rev-ew the work to ensure contorfnrty, with the appruved plans arc specifications 111. Project Administradon certain types of work and services shall be prov ded by the State on this protect as requested by the Agency and deacntwo in the Type or Work above In adddion, the State will furnish qua'ified personnel for the supervision and rspectwt of the work in progress On Local Agency advertised and awarded protects, the supervision and inspection shall be limited to ensuing all work -s in conformance with approved plans, spedficat one and federal ad egtriremerts The salary of such engrreer or other superv,sor and all other salaries and costs ins red by Slate forces upon the propil will be conadered a cost thereof. All costs ra staid to this oro;ect -ncurred by employees of the State m the customary merrier on highway payrolls and vouchers shall be charges as costs of 'Me propct IV. Availability of Records All orciect records r supplant of all costs incurreC and actual 0x0encirtures Kept by the Agency are to be maintained in accordarce With local government. accounting procedures prescribed by the 11Wshingtor Stale Auditor's Office the U S. Departmert of Transpo *W, and the Wash-glon State Depa-tmertt of Transportation The •ei urds small be open to inspection by Ins State and Federal Governme^ at an reaslonabie Imes anc shah, be retained and made available for such ,rspedbn fora period of rot less tran Wee years from* the final payment of any federal a d f nds •o theAgency Corns of said reveres shah be furnished fo the State are+or Federal Governer, upon requm V. CompborWe with Provisions I ne Agency shall not inclu any federal aid part<aps con Costs on any ciasiv`�cat;or of work on ins protect anal autronzea :n writing by the State for seen Claaaftabor The Classff cations of work for proreaa are t Prelim nary engineenng 2_ Right of way ■ooursdron 3 Protect :onslruGton Once written autnornzatior in 9Even, the Agency agrees kr snow ccrtnnuous progress thlough moninly bi,lings Failure to show continuous progress Tay result the Agency's project becornirg inset ve as described n 23 CFR 630 and subject to de -obligation at federal aid funds andfor agreerrerit closure If right of way acguis bon or aqua construction of the road `o► which are tm,rary engineering a undelaker rs net started by tre close of the tenth fiscal year following the fiscal yes, r which prelim nary engineering phase was authorized the Age^cy wit recay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreoment (see Section IX) if squat construction of the road for which right of way nas been purchased .a not started by the close of be tenth fiscal year following the fecal year in wnrci the right of way phase was euthonzed. the Agercy will repay to the State the sum or slams of'ecerat Do li faJ•039 Rcwweu rru2022 Page 2 I funds *aid to the Agency under the terms of this agrearmert (see Section IX) The Agency agrees that ail stages of canstrukohon necessary to provide the In tiaily p anned camp etc foot► ty within the Grits of this profoe: w•if t:orform to at least the minimum values ►that by approvee statew ae des g^ sl trderas app, able to this cuss of hghways, even though su&. additional worts is f n iced wrthout federal ad parbapation The Agency agrees that on federal aid highway tionstructior protects the current federal aid egula.tons which apply tr liffintlaW damages relatri to the basis of federal participation :n the project cost shall be apd icli ,r the event she contractor fails to Complete tie contract within the controd time VI. Paymentwild Partial Rairnbunement The total cost of the prolect Ind idling all review and ergineemg nosts aria other exper ass of the State, is to be pad Cy the Agency and by the Federal Govemm.ent Federal funding snarl be in accordance wrt^ trio Federal Trarspartabon Ad as amended 2 CFR Port 200 The State shad not De ultimatMy reeporetbja for any of the costs of the project The Agency shall De ultimately responsible 'or all costs associated with the project which are rot reTbursed by the Federal Government Nothing r this agreement shall oe construed as a promise by the State as to the amount or nature of federal Participation rn this project The Agency shag Dill the state for federal aid project costs incurM In conforriity with applicable Were and state laws The agency SIMI mlhemize the time elapsed betweer %Charol of fade -at aid funft and subsequent payment of incured costs Expenditures by the Local Agency for mairtenance, genera sort nistration, supervision, and other overhead shall not be etgible for federal parbgp0on 6110 Current ndirect cost plan has been oreperec n acco dance with tie regulations o0hred �n 2 CFR Part 200 - Un4onir Admir Requirements, Cost Pnnripies and Audit Riequirements for Federal Awerds and retained for audit The State will pay for State incurred costs on tie protect. Following paymeit, the State shall bill the Federal Govemment for -eimbursement of tiose costs ehgibie for federal particpation to the extent that such costs are attributable and pfcDery allocable c tits praieC Tne State shall bi the Agency for that portion o' State costs which were not reimburse: by the Federal Government (see Section IXi t Project Construction Costs Protect corfstrudror financing wall be accomplished by one of the tiree methods as indruttrl in Mrs ag een ert Method A - The Agency will place with the State, w thin 120; days after the execution of the construction certnect, an advance in the amount of the Agency's share of the total construction cat based on the contract award. The State will notify the Agency of ►the exact amount to be deposited with the State. The State will pay all costs incurred under tie contract upon Presentation of progress bill ngs from the contractor Fotlowing suet, paymerts, the State will sunmit a biting to the Fe wail GovemmetA'or the lades' arc particupatror share of the test. When the protect is substard:aly completed and final actual costs of the project car be dele.'m nee tine State wii presert the Agency with a final billing showrg the amount due *e State Dr the amount dull hie Agency This bdfrg will De dearer; by either a pay"rht from the Agency to the State or by a refund from the State to the Agency Method B - The Agencyy share of tne total constrictwn cost as shown an tt-e face of this agreement shall be wdhhioid `ram its monthly hue: tax allotments. The face of this agreement estaDltahas the months in wh on the withholding shall take place and the exact amount to be withheld each month The extent of withholding will be Confirned by letter from the State at Me brine of contract award Upor reGeDt of D"rese b-fi ngs from the contractor, the State will s6bmit such b! Ns to the Federal Government for payrnent of its partrppaurg trorbon o' such loftings hiohod C -The Agency may suomr vouchers b the State in the format crescribec by the Start it duplicate not more than trice per month for those costs wag ole for Fedora, paticipation to tie extent that such costs are drectly aftnibutabie and property a locat to to this project E"nditures by the Lora! Agency for maintenance, general administration supervision, arc otner overhead shot not be eligible for Federal pa^t epabon unless chimed under a prev ously approved ndirect cost plan. The State shall reimburse :heAgercy for the Fade al share of eligible project costs up to trio amour shown on the race of ;hts agreement At the time or &udi:, the Agency *,It crovide documentation a' a costs ncurred on the Project The State snag bill the Agency for or taste inn -mod by the State relative to tie pr3,ec: The State snag also Dili the Agency for the tederal funds paid by the Stara to Ina Agerey for p-oject costs which are subsequenvy dete mired to De ne(igie a for federal participation (see Section IX). VII. Audit of Federal Consultant Contracts The Agency if services of a oonaJtart are required shall be responsible for audit a# the consultant s records to determine eligible federal aid costs on tie Project. The report or said audit shag be r 're Agency s files and made ava-lablo to the State and the Fedc-al Government An si cn shall be conducted by tine WSUOT Internal Audit Off ce in accordance arch gererally acceoted yaver'mertdi dud+trig standards as issued by the United States General Aacourf r(g Office oy tie Comptroller Gene, ai of the Urite..j Stares vvSOO' Manual M 27-50 Corsu'.tam: Authonz+ban, Select on, and AgreementAdrmiiistratron, memoranda cf uncerst2nA11"g between WSDOT and FHM, and 2 CFR Pan 2DOI 50' - Audit Requirements If upon audit it is found that overpayment nr participatw of federal money in iiiii1rTrile terns of cost has occurred. the Agency shall rei riburta the State for the amount of suci cverpoyment or excess participation (see Section IX) V/i. Single Audit Acl The Agencyas a subreapeit o' federal funds. shag adhere to :he federal * gulatons ouline r 2 CFR 'art 200 5C' as we i as a i applicable federal and state statutes and fees etio^s A subraciaient wrio expends $750,000 or more n federal awards from w ( sources during a given fiscal year shall have a single or program-speafic audit performed for that year to accordance Witt. the provisions of 2 CFR Part 200 50' Uoon corciusien of the audit, t-e Agency shag be respunsift for ensuing that a copy of the ratan is transmitted DOT Fam 140.039 Page 3 Revised 040022 promCtly to :he State IX. Payment of Bating The Agency agrees trial if pay^vent ur arrangemen' nor payment of any of the Slates b'ling elal,ve to the project (e g , State force wont project Canceta,*ri everpayrnert, cost rrekgrbe for !eceral participation a c ) is not made to the Sate wr►hir 45 days after the Agency has been o+Red the State snalf elfa-- rarrburtkement of the total sum due frorr'he reg.ror monthly foot tax allobrients to the Agency 'rom Me Motor Vehicle Fund No acditona' Federal project funding wi l be approved urtt l f l oaymert is receiva0 unless otherwise directed by the Dtrecto^, Local Programs Project Agraemsnt End Cate This unto s based on your prcleuts period of Perlonmance 2 CFR Par. 200 309 Any its maurreo alter the PIW=l Agreemen' =rid Late a-e VCT e, gible for federal a rnbu•sement All elg oe costa incurred prop - to the Ported Agreement End Date nu,al tic suormittled for relirribursement within 60 days after the Project Agroa^tent End Date or they become me igible for federal reimbursemer! X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not per!r,t ary cha^ges •c be -cads in trip prnv moors'or palk.ng reg,lanon5 and traf9c otomrol on thin pro;eC, without orior approval of the State and Fcdera -iig•rway Adr^irnsiraton The Agency moil no: rstail or permit to be installed arty signs sigrsls, or markings not in conformance with the standards approved by the Fedeidl Highway Adm nistration and MUTCD the Agency wit at its owr expense rtartair the rnproverne is covered Dy t^..s agreement XI. Indaxnnity The Agency shall hold the Federal Government and tre State hwn ass fro— arse shah process and defend st is ow^ expense all da ma, demands, or suds, whether at taw Or equity trough' against the Agency State or Federal Government, arising from the Agency s executor. pa'fortrianoe, or famine to perrorm ary of the p'ovistons of this agreement or of any other agreement or contract t wniectej with th s agreement, or artamg by reason of the port�apaaon of the State or Federal Govemnnent In the protect, PROVIDED rothing herein sna:i -squire the Agency to re mburse the State or the Feoe.al Government fo' damages arrsrity uut of tebdily injury to persons or carnage to property caused by or resulting frorr+ the sole neglgence of the Federal Government or thin State MI. Nondiscrimination Provision No I ability shall attach to the State o� Federal Goverrr'ient except as express y provied here n Tne Agency sna I lot discriminate on the bins,9 of race, color. mat onadig n, or sex In the award aria performance of any USDOT- assAsted contract ancro• agreermert or in the sdman Webon or is DBE program or the nrquiraments of 49 CFR Fait 25 The Agency shall take all necessary and resso-i steps under 49 CFR Part 26 to ensure nondiscrimination in 1ne awaro and administration of US DOT assisted contacts and agreements The WSDOT's D13E program as required by 49 CFR Part 26 and" approved by USDOT s ncorporafed by efereince n tnis agreement i npterrientabon of this program is a legal Obligation and failure to tarry out is terms sna I be heated ra a violator of this agreen ent Upon notification to the Agency of Its failure to carry out its approved program, the Departmert may impose sanctions as provided for uroer Part 26 and Tay in appropnate -aces roller the matter for enfcrcr_rrent under 18 U S C 1001 and/or the Program Fraud Civil Remeeltim Act of 19M (31 U S C 3801 at sec ) The Agency hereby agrees that it win ircorporate or cause to be ncorporsted into any contract for corstructwr work, or Twdtfication therteofas cef,ned in the rules and regula'lons at tht Secretary of Labor in 41 ;,FR Chapter 60, whv:h to pad for in rvnoe Orin pat with funds obtained from tie Federal Government or borrowed or the credr, of doe Federal Government pursuant to a grant, controcL loan, insurance, or guarantee or understanding pursuant to on) fisde•al program mvgiving soon g•ont contract, loan, rsurarce or guaramae. the required contract provisions for Fetiera:•Aid Contracts (FHWA 1213; located in Chapter 44 of the Local Agency a dellnes f he Agency further agrees that it will be bound ply the above egio opportunity cta.ise min respect to .ts own employment practices when it participates in federaly assisted corstruction work Proved rut A the applicant so part c patrg is a State or Local Goverrenertt, the above equal opportunry clause is not applicab a to any agency ns`surnentality or subdtvrruon +,'such govern'rent which does not parbopolle in worK on or under the contract The Agency also agrees, (1) To asset and cooperate actively with 'he State in obtaet rig the cDmpiranc a of contractors and subcontractors w to the equal apportan:ty Clause and rules requVOins and relevant 7rders of the SeCrela'y of tabor (2) To furnish the State such info ma:ion as it rna) requ re for trio supervisoon of sucxt compliance and that d wrl otherwise asset the State in the discharge of is primary resoonsibility for securing compliance (3) To refs n'rom enterng into any contrac4, or contract modificatior subject to Execut ve Order 1.24E of September 24, 1965 w-th a cost -actor debarred from or who Ass not demonst-aced egrb lrty for, gove•nrrert =ntracts a-o feeerally assisted zonafrracgn contracts pu suanf to:he Executrve Order (4) To carry out such sanctions and penalties for violation of the souat opportunity Clause as may be impoiSerl upon Contractors and subcontactors by the State, Federal Hip^way AtlTmistraacn it, one Secretary of tabor pursuant IC Part 11 subpart U of the Fxecutive Greer In addit.o^, the Agency agrees that if i fat s or -vf,ses to comply worth these urxierto <ings tea Stake may take any or an of t^a following act ons (a) Cancel, terminate or suspend this agreement In whole or It Dart: (b) Refrain• from extending any further ass glance to theAgertcy under On program with respect to which :he failure or refusal occurred until satisfactory assarsnce of fuit;rc compliance has been received form the Agency arc DO' Form ' 40.039 Page 4 Raw d C4=2 (c) Refe, the case to the Dep irtrrert of J.,st+ce for app'op^ate yai o pxed rigs XIII. Ligwdat,ed Damages The Agency hereby agrees Mat the liquidated damages provisions of 23 CFR part 635 Suapar! t 2', as supplerrer!ed ewme to the amount of Federa, participation in We crolaG nost steal be aciWicah a in the evert the contractor 'a,'s to comp lete the ccn1180 wiin.r the ;orxrace tine Fadure to nc tide 1 qudatac damages prov s or will not reVevv the Agency f•orr redid or of federal partrapa!on in accordarce with this paragraph XIV. Termination for Public Convenience Tne Secretary Of the Washington State Departrr'ent of Transportation Tray !ermmase the contract r wrlcie or from time to time .n part whenever "'The ^equ,s+te federal fund ng becomes urava.tabie through failure cf aporoar+abon cir otherwise (2) The cpntractof -s prevented from oru: eeamg win the worst as a d.re-:t result of an Fxeculwe Cede, of the President with fesped to tie prosecution ct war or in tie .rte,est of national defense or an Executive Order of the President or Governor of the State w,tn respect to the preservation of arergy resources �31 The contras or s prevented from p^oceed rg with trte work by reason of a prN.minary speva or permanent restrain ng order of a court of competent ,ur•sd ction where the issuance or suer c der ,s primarily caused by the acts or ornissorts of persons or agent es other than the corl7actcr 14) Tne Sec•e!ary is notified by the Federal Highway Administation Ina! ti+e project is Mac, we ;5; Tne Sec-e*a v detefm res flat sutl+ tefmtna nor s •n the best interests or the State XV. Venue for Claims and/or Causes of Action For •he coevemenco of the pahres to tr,a coruact it is agreed inat any calms and/or causes of action whtcn the -ocai Agency nas aga,rst ttte State o' Wasn rigton g•ow,rg out at tnis contract or the project W th whir .! is cor,erned marl be bror,9hi only in the Sucienor Caj?'of Tnu-stcn County XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbyinq Tne sorrow rig 3uthor4y t•,eftdnes to -re oest of n,s or ^er krowledge arc bel:r.' Ina'. r 1 , No federal appropriated funds nave beer paid of will be paid oy or urn behaff of the urdersrgred tc any person (cr rnfluerc,rg or atlemo^rig to influence an o'ficer or employee of any federal agency, a rnemter of Congress an of of or employee of Congress or an amproyee of a memoer of Congress rn coned on wth the award rg of any federa contact the malting of ary '*core gent the making of any federal loan. the entering rrto cf any ceopershir acreement, and t!+e exte^s or ccrt�%atton renewa, amendmert or modification of any fecerat conIin, grant loan or cooperative agreer'7en1, (2) 1' any funds other tnar federal, appropriated finds rave been paid or will be paid to fir If person for influenong or st,erron-rg to rRuence ar officer cr en'cksyee of any federal agency. a memoef o' Congress ar otfcer a• employee of Congress a• an empwyee or a'nember of Congress n connection with this federal contract grant, loan or cooperat we agreement, fire undersigned shall complete and submit lwe Standaro Fofm LLL 'Disclosure Form to Report Lobby rg ' r accordarre with its rstfuctons (3) Tne undersigned s^ail require that the language of this ceq tiatio, oe-cluce_ in tna aware doc.•nents nor all suoawa•os at al, l e s ( ncludrng suogfants. and contro;,ts arc s tlwrtfacts uncle` grails supg'ants cans arc cooperative ag-eerrerts which exceed $100,000. and that a I such subreciprerts shad cart fy and d sctose accoretngly This Can f,Cancr* s a material represenlat cr of fvi= upon w1UCh rei,anc;e was ptsced wtrer',PTs trarsav for was riace of entered nto Subm4s en of this cen,fica;tor as a prerequ s•te 'or rratunq or entering into this rarisacton frposed oy Section 1352 t tle 3' U S Code Ary peiscr who is to rite the required cert ficafon steal, be suc;ect to a cavil penalty of not less tear: $13 000 and not more than 31CC 000'oreazr sjch fa'Ure XVII Assurances Lund agent es rece+v ng Federal fund ng from Jte iJSDOT or is ooerat:rg acorn strations ( e Federal Highway Aomrn Wratiun Federal Transit Adrn-ist•etion Federa: Aviation Administration - We required to subn--t a wrtten policy statement signed by ore Ager,-y Exec five and a7dressed to " State, docurnertM9 !hat ail progfams act v ties and Services wit be Conducted n corno farce wit* Sector 5i:4 aiW the Arre^cans with U sabt,tes Act (ADA) Additional Provisions DOT fom 'W0 39 Fdye 9evisee 04QU22 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, Public Works Director/County Engineer Agenda Date: July 22, 2024 Subject: WSDOT Local Agency Agreement Supplement No. 1 SR 19 Rhody Drive Ped-Bike Improvements South Segment Project No. 1802095, WSDOT Project No. TAP-0019(008) Statement of Issue: The WSDOT Local Agency Agreement Supplement No. 1 for the SR 19 Rhody Drive Ped.-Bike Improvements - South Segment project, is necessary to provide for 1.Reimbursement for Preliminary Engineering (PE) Phase Consultant expenditures from our existing federal WSDOT Transportation Alternatives Program (TAP) grant and, 2. Authorization of a new state WSDOT Connecting Communities Pilot Program (CCPP) grant for PE Phase expenditures. Analysis/Strategic Goals/Pro's & Con's: Jefferson County Public Works (JCPW) was awarded funding through the federal Transportation Alternatives Program (TAP) for the PE phase of this project on June 26, 2020 and a WSDOT Local Agency Agreement was executed on Sept. 15, 2022. This funding is administered through WSDOT Local Programs and now requires a Local Agency Agreement Supplement to break out the estimated Consultant expenditures from the estimated Agency expenditures. This revision of the original Agreement is required in order to request reimbursement of Consultant expenditures. Additionally, JCPW was awarded funding through the state WSDOT Connecting Communities Pilot Program for this project on March 25, 2024. The total grant amount is $260,000.00, of which $218,800.00 wilt be authorized for the PE phase per this supplemental agreement. The remaining $42,000 for the ROW phase will be authorized via another supplemental agreement at a later date. This project is part of a comprehensive plan to establish pedestrian and bicycle connectivity in the Chimacum/Hadlock area. Execution of this supplemental agreement will provide for use of consultants to survey, design, obtain environmental permitting, and prepare construction bid documents. Fiscal Impact/Cost Benefit Analysis: The estimated total TAP project funds for the PE phase is $175,830.00 and the estimated total CCPP project funds for the PE phase is $218,000.00 for a total of $394,630.00. This project has a funding ratio of 86.5% from TAP funds and 13.5% from the County Road Fund and a funding ratio of 100% for the CCPP funds. This supplemental agreement will shift $89,980.00 of the TAP funds from the Agency expenditures line on the agreement to a new Consultant expenditures line, and retains $80,850.00 on the Agency expenditures line. Department of Public Works O Consent Agenda Page 2 of 2 Recommendation: The Board is requested to sign one original of the Local Agency Agreement Supplement No. 1 and return them to Public Works. A fully executed copy will be returned to the Board after it is executed by WSDOT. Department Contact: John Wayand, P.E. , Project Manager, 385-9256. Reviewed Mark McCaule ounty Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONSARE ON 77-IE NEXT PAGE) CON11AACT WITH: wastuVOr state oepartment afT,arsponation Contract No: PW2024-077 Contract For: local Agency Agreement Supplement No '.'Protect 1802C95 Term: December 31, 2026 COUNTY DEPARTMENT: Nakwaul Contact Person: Cwt sn&, evt 208, JcM WaraM, se 25 Contact Phone: Cr'% 36c-385 92cd, J« aao-;l311 r Contact email: CSPWW.apflo':env8:rt.pwws eaeasncnWais AWLTW: $175.930 + rr21&000 00 . s394,&X 00 PROCESS: Exempt from Bid Process Supplemental Revenue: TAP (es.s%). ocpp 000%i Cooperative Purchase Agreement No. 1 Expenditure: 1e059500.410000 Competitive Sealed Bid Matching Funds Required: vasi1as%).NotD%) Small Works Roster Sources(s) of Matching Funds J C Road Fund Vendor List Bid Fund # -w RFP or RFQ MuniS Org/Obi 11M M2o.33313- Other: (modity existing agreement) APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: ❑ N/A:0% Si atwe 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. CERTIFIED: ❑ N/A: Sig turifa a -- Date STEP 3: RISK MANAGEMENT REVIEW (grill be added electronically through Laserfiche): Electronically approved by Risk Management on 7r3i2024. State agreement. Cannot change. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 7/4/2024. State language - cannot change. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO ROCC FOR APPROVAL