HomeMy WebLinkAboutWashington State Department of Transportation Olympic Discovery Trail Construction Funds Supplement No. 1 - 102725 Washington State
1 Department of Trans
portation 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
Federal Highway Administration(FHWAI
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 I 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 only Construction Contract,to allow Federal Aid funding of Construction Consultant.Agency,and
State Services also.Update amounts from pre-bid engineer's estimate to after-bid construction contract.Extend project end date.
Indirect Cost Rate f l Yes ‘,/ No Project Agreement End Date 12/31/2029
Advertisement Date 12/25/2024
Estimate of Funding _
Type of Work (f) (3) (4) APrevious (2) Estimated Total Estimated Agency Estimated Federal
Supplement
Agreernent/Suppl. Project Funds Funds Funds
PE a.Agency 0.00 0.00 0.00 0.00
0 % ,C.Other 0.00 0.00 0.00 0.00
Federal Aid d.Other 0.00 0.00 0.00
Participation
0.00
Ratio(s)for PE o.State Services0.00 0.00 0.00 0.00
-h.Total PE Cost Estimate 0.00 0.00 0.00 0.00 0.00
Rw j. n� 0.00 0.00 0.00 0.00
Federal k.Other 0.00 0.00 0.00 0.00
Participation ) Other 0.00 0.00 0.00 0.00
Ratio(s)for RW n.State Services 0.00 0.00 0.00 0.00
o Total R/W Cost Estimate , 0.00 0.00 0.00 '0.00 0.00
CN p.Contract 1,756,453.00 -66,700.00 1,689,753.00 _228,117.00 1,461,636.00
86.5 % CO F nds
q.Other(+ "redj 2,633,503.00 -540,987.00 2,092,516.00 2,092,516.00 0.00
Federal Aid r. Other ( eM, ,"i 40,000.00 • -24,439.00 15,561.00 2,101.00 13,460.00
Participation s,Other 4�":&6040 ►44044 0.00 164,757.00 164,757.00 164,757.00 0.00
Ratio(s)for CN Eligible Nor de.
wAgency " 181,459.00 -135,181.00 46,278.00 6,248.00 40,030.00
x.State Services 1 %1ZS 10,000.00 -5,137.00 . 4,863.00 657.00 4,206.00
y.Total CN Cost Estimate 4,621,415.00 -607,687.00 4,013,728.00 2,494,396.00 1,519,332.00
L Total Project Cost Estimate 4,621,415.00 -607,687.00 4,013,728.00 2,494,396.00 1,519,332.00
The Local Agency further stipulates that pursuant to said Title 23,regulations and policies and procedures,and as a
conditio payment of the Federal funds obligated,it accepts and will comply with the applicable provisions.
Agenc ii#! p - Washington State Department of Transportation
6y .,C_,._"
Heidi Eis r, hei t Of.," arts n County Commissioners By Digitally signed by
Agency Date J 7 � ° Stephanie Stephanie Tax
Director, Local Programs
Approved as to tam:`.. a{ ,.- for Dow 1 011 4/202 5 Date Executed Tax Date:24-08 00 7
Philip C.Hunsucker, ief Deputy Prosecuting Attorney 15:48:24 08'00'
Jefferson County Dept.of Prosecuting Attorney's Office
DOT Form 140-041 LP Revised 09/2025
•Previous Versions Obsolete• Page 1
Agency
Supplement Number
Jefferson County Public Works
1
Project Number
Agreement Number
ALN 20.205 - Highway Planning
STBGR-2016(030)
LA 11085
and Construction
Federal Highway Administration
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.
Vill. 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 9
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.
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 09/2025 Page 3
• Previous Versions Obsolete •
41110.
Washington State Transportation Building
WI" Department of Transportation 3 Maple Park Avenue S.E.
P.O.Box 47300
Olympia,WA 98504-7300
360-705-7000
TTY:1-800-833-6388
www.wsdot.wa.gov
January 6, 2026
Mr.Monte Reinders,PE
Public Works Director and County Engineer
Jefferson County
623 Sheridan Street
Port Townsend, Washington 98368
Jefferson County
Olympic Discovery Trail-Anderson Lake Connection
STBGR-2016(030)
FUND AUTHORIZATION
Dear Mr. Reinders:
Enclosed for your information and file is a copy of Supplement Number 1 to Local Agency
Agreement LA11085 for the above project between WSDOT and your agency.
This supplement modifies the funding for this project to the amounts shown below:
PHASE TOTAL FEDERAL SHARE
Construction $4,013,728 $1,519,332
In addition,this supplement modifies the Project Agreement End Date to December 31,2029.
All costs exceeding those shown on this agreement are the sole responsibility of your agency. Any
costs incurred after the Project Agreement End Date shown on the supplement are not eligible for
federal reimbursement. In addition,all eligible costs incurred prior to the End Date must be billed
within sixty(60)days of the End Date or they are ineligible for federal reimbursement.
NOTE: The Assistance Listing Number(AL11)is shown in the top right corner of the attached
agreement. FHWA expenditures on this project will use this ALN on your agency's Schedule of
Expenditures of Federal Awards(SEFA)report.
As a condition of authorization,you must show continuous project progress through monthly
billings,until your project is complete. Failure to show continuous progress may result in your
project becoming inactive per 23 CFR 630.106(a)(5)and subject to de-obligation of all federal funds
and agreement closure.
You may proceed with the administration of this project in accordance with your WSDOT approved
Certification Acceptance agreement.
Sincerely,
Stithanie-Mac
Stephanie Tax
Manager,Program Management
Local Programs
ST:cc:ml
Enclosure
cc: John Ho,PE,Olympic Region Local Programs Engineer
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: October 27, 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 l 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. This
replaces Supplement #1 signed 9/1 /2025 by BOCC that had engineer's estimate construction
costs, with an updated WSDOT form and construction costs from winning bid.
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:
h3'��
Josh Peters, County Administrator Date
CONTRACT REVIEW FORM clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Washington State Department of Transportation Contract No: PW 2025- iN(r
Contract For: Olympic Discovery Trail Construction Funds Term: 12/31 /2028
COUNTY DEPARTMENT: public Works
Contact Person: Chris Spall
Contact Phone: 360-385-9208
Contact email: cspallOcojeffersonma.us
AMOUNT: $1,519,332.00
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
Fund #
Munis Org/Obj
APPROVAL STEPS:
yes
RCO WWRP-T 20-1725
County Capital Fund #302
PROCESS:
Exempt from Bid Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
✓ Other: Grant
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
do-+r�b:
a. c.o+,.F...,py„y...,.„,,..
CERTIFIED: N/A: John Fleming; 9-29-2025
Signature Date
STEP 2:
COUNTY
AGENCY.
DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
(CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
CERTIFIED: ❑ N/A: a
John Fleming
Oer,msw» �s a,a aro:
Signature
9-29-2025
Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
11/ Electronically approved by Risk Management on 10/14/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
lectronically approved as to form by PAO on 10/14/2025.
Amendment No. 1 with original attached. State contract - hard 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
FOR REFERENCE ONLY
Original Agreement
W7Washington State
` Department of Transpwtation Local Agency Agreement
Agencq Jefferson County Public Works CFDA No 20 205 • Highway Planning and Construction
(Calakg tit Federal --times:ic Assistance)
ACdress 623 Sheridan SI
Find Towrtsenn. WA 98388-2439 Project No. STBG R - 2016(030)
Agreement No. iA 110K
For WSDOT Use 0*
The i rical Agency having :nmplied. or hereby agreeing to crimply, with the terms and conditions tw brtD to (1) Title 23 u S Code
Ftighways, (2) the reguist ons issued pursuant thereto. (3) 2 CFR Part 20C, (4) 2 CFR Pert 180 - certifying that the nca; agency s not
excLded from receiving Federal funds by a Federal suspension ar debarment, (5) the policies and pmc;edures prorhulgated by the
Washington State Department of Transpnnation, and (61 the Federal ad project agreement entered into between the State and Federal
Government. relative to the above project, the Washington State Department of Transpof-ation will authorize the Local Agency tc
proceed on the project by a separate nnbfication Federal funds which are to be obligated for the project tray not exceed the amount
shown hereinan line r co umr 3, without written authority by the State, subject to the approval of the Fedora Highway Administration
AM prnject on9ts not retrribursed by the Federal Govemmert shall be the responsibility of to Lncat Agency
Project Descrip ton
Name Olympic Discovery Trail -Anderson lake Connection Lergir 3 1 S roles
Termini tarry Scott Trot td Anderson 1-ake State Pant
Description of Work
Construction of an Olympic atscovery Trail segment connecting the Larry Scott Trait via Jefferson Transit Parts 6 Ride, to Anderson
t ake State oark ` `A
\7�1wL1�
Prulec: Ayreemevit Ftat Date 12/3112028 Claiming Indired Cost Rate
Prnposed Aavert;sement Date iGlbr492� -- 12i25r2024 ! 'Yes ✓ No
— Estimate o1 Funding
j; (3
Type of Work Fatimated Total Esm�ated Agency cst at
Peden i
Pxeu`+iJs r rips ` =ends
a �k;e '. y _ - .. _ — — - -
Federal
Participation
;Ratty for Pc
orgrt of Way
e GofF!r+aht ca+otcr91
jFederal Aid--
':Pariuoaton
Rat o for R%V
i Stale Servttes
,. That, R-tiV Cost Es(una(g V e . ,-_..
Corstnsaer
K Contract
865 we
- —..
Olhe (Non Fed)
m Other (106m ltant)
Federal Aid
n Q(jter
Parictpaticr
Rai c for ON 'a kg@ncy ,_
p State SetviCes _
q To(a CN Cost Estimate_�--
r T2tat PrWt_CC51 Corrialaie9`tt)
Agertcyr Official
9y j
t Kate Dean
Title Chair, Board of County Commissioners
Agency here
DOT Form 140-M AFProvcC as :u 'orm: —_
Rrwfsad OWn22 Date A Oust iI . 2o20A . 202024
Phi4p C Hunsucker, Chief C:va Deputy Prosecuting
Attorney, Jefferson County Dept of Prosecuting
Attorneys Office
0.00 0.00 0.(K►
i0.011 3000 0.00
1, 756,453.00
I 237,121 00
1,519,=.00
2,033,503.00
2,633,503 00
000
40 000 00
40.000.J0
000
0.00
0.00
0.00
16_1,45_9 00
181,45900
000 -
10,000.00
10,000.00
000
4,621,415.00
r 102,063.00
1519,332.01)
I 4.621.415.00
3,102,083.00
1.519.332.00
Washington Stabs Dte"ittnent of Transportation
8
y Stephanie Digitally signed by
Director, Local Programs Stephanie Tax
Date Executed Tax Date: 2024.12.19
15:40:50 OTT
Page t
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 8 - 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
h/ 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 w!li
comply with the applicable provisions set forth below. Adopted by official action on
Resolution/Ordinance No
Provisions
1. 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 deta l in the 'Project Description' and 'Type of Work.'
When the State acts for and an behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the
services descrihed and i^dicated in `Type of Work" on the face of th!s agreement in accordance 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 right of control by the Agency, the State shall have the right to perform
the work subject to the ordinary procedures of the State and Federal Highway Administration
II. Delegation of Authority
The State is wiliing to f,,,MII 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 n accordance with federal requirements. If the State advertises and awards the contract. the
State will further act for the Agercy 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
Ill. Project Administration
Ceram types of work and services shall be provided by the Slate on ti-is protect as requestea oy the Agency and desc abed ,n the
Type of Work above 1 addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress Or
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 at, other salaries
and costs incurred by State forces upon the protect will be considered a cost thereof Al costs related to this protect incurred by
employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project
IV. Availability of Records
All project records in support of a".I costs incurred and actual expenditures kept by the Agency are to be maintained in accordance
with local govemment accounting procedures prescribed by the Washington State Auditors Office. the U S. Department of
Transportation, and tre Washington State Department of Transportation The records shall be open to inspection by the State and
Federal Govemment at all reasonable times and shall be reta red and made available for such inspection for a period of not less their
three years from the final payment of any federal aid funds to the Agency. Copes of said records shall be furnished to the State and/or
Federal Government upon req-,est
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing
by the State for each classification. The classifications of work for projects are
1. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
Once written authorization is given, the Agency agrees to show cont nuous progress through monthly billings. Failure to show
continuous progress may result the Agency's protect beconung 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
close of the tenth fiscaT year following the fiscal year i^ which preliminary engineering prase 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 (see 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 right of way phase was authorized_ 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 Dy approved statewide design standards applicable to this ciass of highways,
even though such additional work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated
damages relative to the bases of federal participation in the project cost sha`1 be applicable in the event the contractor fads to complete
the contract within the contract time
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 pa d 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 responsble for any of the costs of the project Tie Agency shall oe ultimately responsible for all
costs associated with the project which are not reimbursed by the Federal Government Nothng 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 federaland state aws. 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 eigib a for federal particpation
unless a current indirect cost plan has been prepared n accordance w th the regulations outlined in 2 CFR Pate 200 - Uniform Admsn
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 hill the Federal Government for
reimbursement of these costs eligible 'or federal participation to the extent that such costs are attributable and property allocable to
this project The State shall bill the Agency for that port on of State costs which were not reimbursed by the Federal Government (see
Section IX)
1. Project Construction Costs
Project constr ction 5^ancing will be accomplished by one of the three methods as inducted in this agreement.
Method A The Agency will place with the State, withir (20) days after the execution of the construction contract, an advance in the
amount of the Agency's share of the total acmstruction cost based on the contract award. The State will notify the Agency of the exact
amount to be deposited with the State The State writ pay all costs incurred under the contract upon presentation of progress billings
from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid part apaWr
share of the cost When the project is substantially completed and final actual costs of the protect can be determined, the State wilt
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 or the total construction cyst as shown on the face of this agreement shaft be wrthneld from its
monthly fuel tax allotments T he face of th.s agreement establishes the months in wh ch the withholding shall take place and the exact
amount to be withheld each month The extent of withholding will he confirmed by letter from the State at the time of contract award
Upon receipt of progress oil ings 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 Sub -it vouchers to the State in the format prescribed by the State, in duplicate, not more than once
Der month for those costs eligible for Federal partiapaCon 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 stealnot be
eligible for Federal participation unless claimed under a previously approved ind:rec: 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 pmject The State shall bill the
Agency for all costs incurred by the State relatve to the project The State shall also bill the Agency for the federal funds paid oy t^e
State to the Agency for project costs which are subsequently determined to be ineligible for fedora 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 die 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 27-90. Consultant Authorization. Selection, and Agreement Administration, memoranda of understanding between WSDOT and
FNWA: and 2 CFR Part 200 501 - Audit Requirements
If upon audit it is found that overpayment or participation of federal money in neligible items of cost has occurred, the Agency shall
reimburse the Slate for the amount of such overpayment or excess participation (see Section iX).
VIII. Single Audit AM
The Agency, as a subrecipieni 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 $150,000 or more in federal awards from all sources
during a given fiscal year shall have a single or progran►-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 ens,.ring 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 billing relatve 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 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 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 regulations and traffic control on this project
without prior 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. The Agency
will, at its own expense, maintain the improvement covered by this agreement.
XI. Indemnity
The Agency shall hold the Federal Government and the State harm ess 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 arising by reason of the partcipation 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 shalt attacr to the State or Federal Government except as expressly provided herein
The Agency shall not discriminate on the basis of race, color. national origin, or sex in the award and performance of any USDOT-
assisted contract and/or agreement or in the admmistrabon 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 WSDOT's 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 terns
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 for 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 in the rules and regulations of the Secretary of Labor in 4' CFR Chapter 60, which is paid for in who a 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 .t participates in federally assisted construction work: Provided, that if the applicart 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 with the State in obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor.
(2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the
State in the discharge of its primary responsibility for securing 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 cant' out such sanctions and penalties `or violation of the equal opportunity clause as may be imposed upon contractors
and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the
Executive Order.
In addition, the Agency agrees that if it fails or refuses to comply with these undertakings. the Slate may take any or all of the
following actions
(a) Cancel, terminate, or suspend this agreement in whole or in part.
(b) Refrair from extending any further assistance ,o the Agency under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been received'rom the Agency: and
DOT Form 140-039 Page 4
RPviwrt n417022
(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 to
the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within
the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal par^.ic patron in
accordance with this paragraph.
XIV. Termination for Public Convenience
The Secretary of t^e 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 from proceeding with the work as a direct result of an Executive Order of the President with
respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of
the State with respect to the preservation of energy resources.
(3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining
order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions o`
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, it is agreed that any claims and/or causes of action which the Local Agency
has against the State of Washington, growing 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 his 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, continuationrenewal, amendment,
or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated 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 employee
of a member of Congress in connection with this federal contract, grant, ban, or cooperatve agreement, the undersigned shall
complete and subm t the Standare 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 bers (including 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 material 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 (.e., Feceral 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 comp,rance with
Section 504 and the Americans with Disabilities Act (ADA).
Additional Provisions
DO 1 Form '.40-039 Page 5
Revised 04l2C22
Instructions
Agency Name and Billing Address -Enter the Agency of primary interest which will become a party to the agreement.
project Number - Leave blank. This number will be assigned by WSDOT
3 Agreement Number Leave Wank. This number wit he assigned by WSDOT
c
a Project Description Enter the project name, total length of the project (in miles), and a onef 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', (fermini)'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 :raffic signal at the intersection of Regal
Road and Dakota Avenue "
c Project Agreement End Date Enter the Project Agreement End Date (mmiddlyy) This date is based on the oroject's Period
of Performance (2 CFR 200 309).
For Planning Only projects - WSDOT recommends agencies estimate the end of the project s period of performance and add
three years to determine the "Project Agreement End Date".
For PE and RW - WSDOT recommends agencies est mate 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 authorzatior only, enter the proposed project advertisement
date (mm/ddiyy)
e. Claiming indirect Cost Rate - Check the Yes box d 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 agency's
self -certification and supporting documentation is required to be availaole for review by Fli WSDOT and Jor State Auditor.
CheCK the No box f the agency will not be claiming indirect costs on the project. See section 23.5 for additional g0dance
Type of Work and Funding (Round all dollar amounts to the nearest whole dollar)
a P= Lines a through d show Preliminary Engineering costs for the project by type of work (e.g., consultant, agency stale
services, etc.)
*Federal aid participation rauo for PE enter ratio for PE fines with amounts in column 3.
• Line a Enter the estimated amount of agency work ,n columns 1 through 3.
• Line b 3 e - Identify user. consultant, etc and enter the estimated amounts in columns 1 through 3
• Line d State Services. Every project rrust have funding for state services Enter the estimated amounts in co umns t
through 3.
• Line a Total of lines a + b + c + d.
b. Right of Way - if a Right of Way phase s authorized on the project, the appropriate costs are shown in lines f through i.
'Federal aid participation ratio for RW a^ter 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 3 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 oflines I+g+r+i.
Construction - Lines k through p show construction costs for the project oy type of work (e.g . contract, consultant, agency,
sta1P, sere ces, etc )
'Federal aid participation ratio for CN - enter ratio for CN lines witr amounts in column 3.
DOT Form ?4O-039 Page b
Ro..vmPel ^an022
• 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 -federally 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 Construction 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.
o Signatures -An authorized official of the local agency signs the agreement and enters their title and date of signature (mmldci
y, Note; Do NOT enter a date on the Date Executed line.
l Method of Construction Financing - Choose the method of financing for the construction portion of the project.
a Method "A" s used when the state administers the contract for the agency.
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 will 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 agreemert a copy of the Resolution.'Ordinance
designating that individual
9. Parties to the Agreement - Submit one onginaty signed agreement form to the Region Local Programs Engineer It is
the responsibility of the local agency to submit air additional, originally signec 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 is then transmitted to the state for execution by Local Programs. The agreement is dated at the time of final execution by
Local Programs
DOT Form 140-039 Page 7
Revised 0412022
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 jr
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 It Cons: 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 $1,519,332. 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 -Traits
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, Yunty Administrator Date
CONTRACT REVIEW FORM C ear FarM7
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: wash-gton state Dejmnmant a, twsponation Contract No: PW 2024-092
Contract For: Olympic Discovery Trail Construction Funds Term: 1MIY2028
COUNTY DEPARTMENT: F'-4*cw0m,
Contact Person: ct"*04 ---- ---
Contact Phnom: 350 388 WM
Contact ernail:
AMOUNT: si.5is,332.o0
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds -
Fund #
9032=6 -
Exempt from Bid Process
Cooperative Purchase
Competitive Scaled Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
✓ Other: Grant
APPROVAL STEPS:
STEP I . DEPARTMENT CERTIFIES COMPLIANCE41TH JCC .1.55.081 AND CHAPTER 42.23 RCW.
CERTIFIED: F-1 NIA:E
Sn
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: F N/A: -f/1 e A? C, pt
Date
ROO WWRP T 20 1725
County CW41 Fund *302
STEP 3: RISK MANAGEMENT REVIEW (will be added elect ro—n1cally through I aserfiche):
Electronically approved by Risk Management on 8/1/2024.
State agreement.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through I aserriche):
Electronically approved as to form by PAO on 811/2024.
State language - cannot change,
STEP : DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ArFORNEVOF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL