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HomeMy WebLinkAbout051319_ca02JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners erll�,,,,( Philip Morley, County Administrator4A V0 U FROM: Mark McCauley, Central Se 'ces Director DATE: May 13, 2019 RE: AGREEMENT re: Public Infrastructure Project Funding: Quilcene Complete Streets Project; Jefferson County Public Works; $65,000 STATEMENT OF ISSUE: On February 4, 2019, the Board of County Commissioners approved Resolution 13-19 approving the Public Infrastructure Board's recommendation to fund all six projects submitted for grant funding and to authorize the Central Services Director to draft grant agreements with the submitting public agencies. This request is for BOCC approval of one of those grant requests. ANALYSIS: In response to the PIF Board's Request for Proposals issued on December 12, 2018 five public agencies submitted six -project proposals. On February 22, 2019, the PIF Board evaluated all six projects and voted unanimously to recommend approval of all six. The BOCC subsequently approved the PIF Board's recommendation by approving Resolution 13-19 on March 4, 2019. Jefferson County Public Works submitted a grant request for it Quilcene Complete Streets Project. The Quilcene Complete Streets Project will fill an infrastructure gap in a planned pavement restoration project on Center Road. It replaces a 45 -year old asphalt sidewalk with a new surface in keeping with Quilcene's character. It will improve walkability in the Quilcene commercial core and will connect the town center with several tourism -based businesses. People spend more time and more money in walkable communities. . The attached grant agreement will enable this project to proceed. FISCAL IMPACT: Adequate funds are available in fund balance in Fund 306 to pay for the entire grant. Budget for this grant award was approved in the 1 sc Quarter supplemental budget appropriation. RECOMMENDATION: Approve the proposed Grant Agreement. RE EWED BY: clip Morl ounty Ad inr nistra r Date PIF Grant Agreement — Quilcene Complete Streets Project Grant Agreement by and Between Jefferson County and Jefferson County Public Works For Public Infrastructure Project Funding Quilcene Complete Streets WHEREAS, RCW 82.14.370 authorizes a sales and use tax to provide funding of public infrastructure projects; and WHEREAS, pursuant to RCW 82.14.370, Jefferson County has established the Public Infrastructure Fund and a program for its administration as codified in Jefferson County Code Chapters 3.28 and 3.36; and WHEREAS, the Quilcene Complete Streets Project will fill an infrastructure gap in a planned pavement restoration project on Center Road. It replaces a 45 -year old asphalt sidewalk with a new surface in keeping with Quilcene's character. It will improve walkability in the Quilcene commercial core and will connect the town center with several tourism -based businesses. People spend more time and more money in walkable communities. This project is important to the economic development of unincorporated Jefferson County; and WHEREAS, on February 22, 2019, the Public Infrastructure Fund Board recommended that the County approve a 100% grant to the Quilcene Complete Streets Project for a grant total of $65,000; and WHEREAS, on March 4, 2019 the Jefferson County Board of Commissioners approved the Public Infrastructure Board's recommendation: NOW, THEREFORE, Jefferson County, a political subdivision of the State of Washington, (County), and Jefferson County Public Works, a Jefferson County department (Public Works), in consideration of the mutual benefits, terms, and conditions hereinafter specified, do hereby agree as follows: 1. Grant Commitment. A 100% grant of Public Infrastructure Funds is hereby made to Public Works for the Quilcene Complete Streets Project. The approved maximum amount of the grant shall be $65,000. The grant ($65,000) shall be available based on submission of appropriate invoices pursuant to Section 3. 2. Project Description, Schedule and Budget. The Quilcene Complete Streets Project will fill an infrastructure gap in a planned pavement restoration project on Center Road. It replaces a 45 - year old asphalt sidewalk with a new surface in keeping with Quilcene's character. It will improve walkability in the Quilcene commercial core and will connect the town center with Page 1 of 5 PIF Grant Agreement — Quilcene Complete Streets Project several tourism -based businesses. People spend more time and more money in walkable communities. The project begins June 1, 2019 and shall be completed by September 30, 2019. The grant funds $65,000 of the project's total cost of $793,374. Payment. Expenses incurred for the work performed on the Quilcene Complete Streets Project, as described herein, by the project's consultants, contractors, suppliers, or Public Works staff shall be submitted to the PIF Administrator by Public Works using a detailed invoice. Project costs incurred prior to the execution of this grant agreement but after the February 22, 2019 approval by the Board of County Commissioners are eligible for reimbursement, if otherwise eligible. Each detailed invoice shall show individual items followed by the total amount incurred and the amount eligible for reimbursement under this grant. Public Works may submit such invoices to the County once per month during the course of the project for work completed. All invoices shall be submitted no later than 30 days after project completion. The PIF Administrator shall review and approve payment invoices. Payments will be limited to the monies that are available under the grant as described in Section 1. Such invoices, once approved, will be paid using the County's normal bill paying process and cycle. 4. Compliance with Laws. Public Works shall, in completing its project under this Grant Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, and regulations, applicable to the work to be completed under this Grant Agreement. 5. Legal and Regulatory Compliance. While performing under this Agreement, Public Works, subcontractors, and their employees are required to comply with all applicable local, state and federal laws, codes, ordinances, and regulations, including but not limited to: a. Applicable regulations of the Washington Department of Labor and Industries, including WA-DOSH Safety Regulations; and, b. State and Federal Anti -Discrimination Laws. 6. Termination Termination by the County. i. Should Public Works default in providing services under this Agreement or materially breach any of its provisions, the County may terminate this Agreement upon ten (10) days written notice to Public Works. ii. Public Works shall have the right and opportunity to cure any such material breach within the ten (10) day period. Page 2 of 5 PIF Grant Agreement — Quilcene Complete Streets Project iii. The County may terminate this Agreement upon immediate notice to Public Works in the event that the funding for the project ceases or is reduced in amount. Public Works will be reimbursed for services expended up to the date of termination. d. Termination by Public Works. i. Should the County, its staff, employees, agents and/or representatives default in the performance of this Agreement or materially breach any of its provisions, Public Works, at its option, may terminate this Agreement by giving ten (10) days written notice to the County representative. ii. The County shall have the right and opportunity to cure any such material breach within the ten (10) day period. Termination Without Cause. This Agreement may be terminated without cause at any time by either party subject to a sixty (60) day advance written notice of such termination to the other party. 7. No Harassment or Discrimination. Public Works and any contractors/subcontractors will not discriminate against any person in the performance of work under this agreement or in the selection and retention of employees or procurement of materials or supplies on the basis of age, sex, marital status, sexual orientation, religion, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained guide dog or service animal by a person with a disability, unless based upon a bonafide occupational qualification. 8. Contract Expiration. This contract shall run until the project is complete and until the County has made all payments required under this Grant Agreement, except that the project must be completed no later than December 31, 2020, unless extended by mutual agreement. 9. Failure to Appropriate. Public Works acknowledges that the County may only appropriate monies for this grant in the current year and in a manner consistent with Paragraph 1 above. The County agrees to appropriate monies to fund this grant unless emergency circumstances prevent the County from doing so. Any monies to be paid by the County to Public Works for this grant are subject to appropriation by the County Commission. 10. Integrated Agreement. This Grant Agreement represents the entire and integrated agreement between the County and Public Works and supersedes all prior negotiations, representations, or agreements written or oral. 11. Modification of this Agreement. This Agreement may be amended or supplemented only by a writing that is signed by duly authorized representatives of all parties. Page 3 of 5 PIF Grant Agreement — Quilcene Complete Streets Project 12. No Assignment. Public Works shall not sell, assign, or transfer any of rights obtained by this Agreement without the express written consent of the County. 13. Severability. Provided it does not result in a material change in the terms of this Agreement, if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 14. No Third -party Beneficiaries. The parties do not intend, and nothing in this Agreement shall be construed to mean, that any provision in this Agreement is for the benefit of any person or entity who is not a party. 15. Controlling Law. It is understood and agreed that this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed in accordance with the laws of the United States, the State of Washington and the County of Jefferson, as if applied to transactions entered into and to be performed wholly within Jefferson County, Washington between Jefferson County residents. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 4 of 5 PIF Grant Agreement — Quilcene Complete Streets Project IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be executed this day of , 2019. Jefferson County Board of Commissioners Kate Dean, Chair Date ATTEST: Carolyn Galloway Date Deputy Clerk of the Board APPROVED AS TO FORM: 42- C. 4&=1-- 3 Philip C. Hunsucker Da Chief Deputy Prosecuting Attorney Jeff oun Public Works nders, Directo a e Page 5 of 5