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HomeMy WebLinkAbout090214_ca06Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, P.E., Public Works Director /County Engineer /L__- Agenda Date: September 2, 2014 Subject: FLAP Match Agreement Modification 1 Upper Hoh Road /Olympic National Park MP 0.0 - 12.0 County Road No. 914207 County Project No. CR1941 Statement of Issue: Execution of the Federal Lands Access Program (FLAP) Match Agreement Modification No. 1 with FHWA - Western Federal Lands Highway Division (WFLHD) for the Upper Hoh Road /Olympic National Park MP 0.0 - 12.0 Project. Analysis /Strategic Goals /Pro's Et Con's: The original FLAP Match Agreement executed between Jefferson County and WFLHD in September 2013 included an annual funding plan identifying the County's total match contribution of $942,705 consisting of cash, right -of -way, and in -kind services. In May of 2014, WSDOT agreed to provide the County with toll credits to meet the match requirement. WFLHD agreed to accept toll credits and prepared a modification to the original match agreement to reflect the use of toll credits. Fiscal Impact /Cost Benefit Analysis: Toll credits will be used to meet the County match requirement of $942,705. Recommendation: Public Works recommends the Board executes the FLAP Match Agreement Modification No. 1 with WFLHD by signing and returning all three orginals to Public Works. One fully executed original will be returned to the Board after execution WFLHD. Department Contact: Matt Klontz, P.E., Project Manager, 385 -9217. Reviewed By: Philip M rl , County-Administrator Date t(4 US Department of Transportation Federal Highway Administration Federal Lands Access Program Match Agreement State: Washington Mod Number 1 Project Number /Name: WA JEFF 91420(1), Upper Hoh River Road Phase 2 Parties to this Agreement: U.S. Department of Transportation Federal Highway Administration Western Federal Lands Highway Division, FHWA and Jefferson County Purpose of Agreement: Western Federal Lands Highway Division, FHWA 610 E. Fifth Street Vancouver, WA 98661 The purpose of this agreement is to document the intent of Jefferson County to meet its match requirement for the subject project as authorized under the Moving Ahead for Progress in the 21st Century Act (MAP -21), Title 23 U.S.0 120(b). With this agreement, Western Federal Lands Highway Division, FHWA authorizes this project as eligible for federal participation. The purpose of this project is to reduce risk of catastrophic road failure on the Upper Hoh River Road (County Road N 91420). This agreement does not commit the parties to complete the project, but, rather sets forth the respective responsibilities as the project proceeds. Any subsequent decisions to complete final design and to construct the project will depend on authorizing legislation, NEPA analysis, availability of appropriations, and matching funds at the time of obligation. The authority for FHWA to enter into this agreement is under Title 23 U.S.C. Section 204. Funding: The Federal Lands Access Program of the Moving Ahead for Progress in the 21st Century Act (MAP -21) authorizes FHWA to provide funding for specific projects. The Program Decision Committee (PDC), consisting of FHWA, the State of Washington, and an organization representing the local agencies of the state, is designated to jointly decide upon projects funded in the state. The PDC has decided to provide funding for the development of this project and to program the project for construction in FY 2016 under the Washington State Federal Lands Access Program. The matching requirement under MAP -21 will be met by Jefferson County and other agencies that have committed to the project in subsequent agreements. The forms of match may be those consistent with the 'Federal-Aid Guidance Non - Federal Matching Requirements' (http: / /www.fhwa. dot. gov /iegsregs/ directives / policy /fedaid —guidance_nfmr.htm) as shown in the Funding Plan. In the state of Washington, the match rate is 13.50% of the total project cost. Jefferson County will be responsible for meeting their match requirement for their share of costs incurred on the project after October 1, 2012; which is the date for implementation of MAP -21. WA JEFF 91420(1) Upper Hoh River Road Phase 2 Page 1 of 7 r�.ft US Department of Transportation Federal Highway Administration Federal Lands Access Program Western Federal lands Highway Division, FHWA 610 E. Fifth Street Match Agreement Vanwuver, WA 98661 Budget: The following documents the expected costs of this project and the Match required: Item Amount Planning Preliminary Engineering Construction Construction Engineering Contingency - Contract Mods Total Estimated Cost Match Rate Required (23 USC 120) Value of Match Required' $1,532,000 $10,413,000 $1,021,000 $1,000,000 $13,966,000 13.50% $1,885,410 ' Calculated by multiplying the Total Estimated Cost that is subject to match requirements by the percentage match required. WA JEFF 91420(1) Upper Hoh River Road Phase 2 Page 2 of 7 US Department of Transportation Federal Lands Access Program western Federal Lands Highway Division, FHWA P p 610 E. Fifth Street Federal Highway Administration Match Agreement Vancouver, WA 98661 All Access Program expenditures associated with this project after October 1, 2012 will need to be matched by a Non - Federal source, by other Federal funds other than those made available under Titles 23 and 49 of the United States Code, or by funds made available under 23 U.S.C. 202 and 203. Estimated costs are based on the best budgeting information known at this time. The final Match will be determined based on actual expenditures at the conclusion of project work. Matching funds in FHWA receipt may need to be supplemented, or returned, once actual expenditures are determined. As noted under Modifications, if costs increase over the amount within this agreement, the PDC will consult with the signing agency before granting approval. The following agencies have agreed to contribute the amounts shown which will reduce the federal share by the same amount. The Funding Plan is as follows (Includes all agencies that are cooperating in the project): Agency Contributions: Phase Agency Form Due Received Value Comment PE Jefferson Cty Toll Credit 8/31/2013 $10,000 Match for PE PE Jefferson Cty Toll Credit 1/1/2014 $75,000 Match for PE PE Jefferson Cty Toll Credit 1/1/2015 $75,000 Match for PE PE Jefferson Cty Toll Credit 1/1/2016 $46,820 Match for PE CN Jefferson Cty Toll Credit 1/1/2016 $100,000 Match for CN CN Jefferson Cry Toll Credit 8/30/2016 $635,885 Match for CN CN NPS, Pac West Reg Cash 8/30/2016 $942,705 Per NPS Regional Office, can be FLTP funds Total: $1,885,410 Total W/O Toll Credits: $942,705 Jefferson County is ONLY responsible for their respective match as shown in the table above. Valuation of real property, services, materials, equipment, and use of facilities will be established at fair market value (FMV), as determined by applicable Federal grant administration regulations [49 CFR 18 or 191 and Federal cost principles. Records: Costs and third party in -kind contributions counting towards satisfying a cost sharing or matching requirement must be verifiable from the records of grantees and subgrantee or cost -type contractors. These records must show how the value placed on third party in -kind contributions was derived. To the extent feasible, volunteer services will be supported by the same methods that the organization uses to support the allocability, of regular personnel costs. 49 CFR 18.24(b)(6) Federal Highway Contributions: Phase Fund FY Amount Comment PE G200 2014 $500,000 PE G200 2014 $100,000 Survey and initiation PE G200 2015 $500,000 PE G200 2016 $225,180 CN G200 2016 $8,734,410 CM G200 2016 $1,000,000 Hold in reserve CE G200 2016 $500,000 CE G200 2017 $521,000 Total: $12,080,590 Federal Lands Access Program funds are administered by FHWA and are subject to annual appropriations from WA JEFF 91420(1) Upper Hoh River Road Phase 2 Page 3 of 7 US Department of Transportation Federal Highway Administration Federal Lands Access Program Match Agreement Western Federal lands Highway Division, FHWA 610 E. Fifth Street Vancouver, WA 98661 Congress. This document does not commit FHWA to advance the projector provide funds for the project but provides required matching if FHWA expends funds to advance the project. WA JEFF 91420(1) Upper Hoh River Road Phase 2 Page 4 of 7 rift US Department of Transportation Federal Highway Administration Modification: Federal Lands Access Program Match Agreement Western Federal Lands Highway Division, FHWA 610 E. Fifth Street Vancouver, WA 96661 This agreement may be updated periodically by mutual written consent of all parties. If project costs increase and are approved by the PDC, this funding agreement will be modified by mutual consent of all parties. Delivery Agency and Fund Transfers: Western Federal Lands Highway Division, FHWA has been selected to deliver this project. Upon execution of this agreement, FHWA will forward payment requests to the Enterprise Servicing Center (ESC) at Oklahoma City, which will send invoices to Jefferson County in accordance with the payment schedule set forth in the Funding Plan. After receiving the invoice, Jefferson County can transmit the funds either through Pay.Gov (https: / /payggov /paygov /) or by mailing a check to ESC. The preferred method is to use Pay.Gov. This project is authorized to use a Tapered Match. Under this approach, the non - Federal match is imposed over the entire project rather than individual progress payments. Timing of all fund transfers are specified in the Funding Plan. Tapered Match is authorized because it will result in an earlier completion date. Funds Transaction Information: Please contact the following individuals to set up the funds transaction: FHWA: Jefferson County John Huestis, Federal Lands Access Program Manager Western Federal Lands Highway Division, FHWA 610 E. Fifth Street Vancouver, WA 98661 (360) 619 -7791 john.huestis@dot.gov Cathy Taylor, Financial Manager P.O. Box 1220, 1820 Jefferson St. 623 Sheridan Street Port Townsend, WA 98368 (360) 385 -9163 Ctayfor@co.jefferson.wa.us WA JEFF 91420(1) Upper Hoh River Road Phase 2 Page 5 of 7 �r. US Department of Transportation Federal Highway Administration Federal Lands Access Program Match Agreement This Agreement shall be effective as of the date of the last signature: Jefferson County Approved 8y: John Austin, County Commissioners Chair ed as to orm only On) Je erson Co. Prosecutor rce David Alvarez, Chief Civi DPA Western Federal [ands Highway Division, FHWA 610 E. Fifth Street Date Vancouver, WA 98661 WA JEFF 91420(1) Upper Hoh River Road Phase 2 Page 6 of 7 US Department of Transportation Federal Highway Administration Federal Lands Access Program Match Agreement U.S. Department of Transportation Federal Highway Administration Western Federal Lands Highway Division, FHWA Approved By: Dan Donovan, Director of Program Administration Western Federal Lands Highway Division, FHWA 610 E. Fifth Street Date Vancouver. WA 98661 WA JEFF 91420(1) Upper Hoh River Road Phase 2 Page 7 of 7