Loading...
HomeMy WebLinkAbout092721ca02 Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, Interim County Administrator From: Monte Reinders, P.E., Public Works Director/County Enginee Agenda Date: September 27, 2021 Subject: Federal Lands Access Program - Project Memorandum of Agreement Oil City Road Engineering Assessment County Road No. 134309 Statement of Issue: A Project Memorandum of Agreement between Jefferson County and the Federal Highway Administration is necessary in order to proceed with the Oil City Road Engineering Assessment. Analysis/Strategic Goals/Pro's &t Con's: In 2016 Jefferson County Public Works successfully applied to the Federal Lands Access Program (FLAP) for a grant to conduct an Engineering Assessment of Oil City Road milepost 8.5 to milepost 10.98. Funded by this grant, the Western Federal Lands Highway Division (WFLHD) will conduct an engineering assessment to determine environmentally sound alternatives to protect and to stabilize the banks of the Hoh River adjacent to Oil City Road, reducing the need for emergency repairs. WFLHD intends to begin the assessment in 2021. Fiscal Impact/Cost Benefit Analysis: The total cost for WFLHD's work is estimated at $289,017, which will be funded at 100% by the FLAP grant and toll credits Jefferson County will contribute an estimated $10,000 in staff time for coordination with WFLHD, which will be funded by the Road Fund. Recommendation: The Board is requested to sign three originals of the Project Memorandum of Agreement, and return to Public Works for further processing. Department Contact: Mark Thurston, P.E. Project Manager, 385-9242. Reviewed By: /4: Mark McCauley, erim County Admini tor ate Federal Lands Access Program Project Memorandum of Agreement Project / Facility Name: WA JEFF 134309(1) / Oil City Road Engineering Assessment Project Route: Oil City Road, County Road Number 134309 State: Washington County: Jefferson County Owner of Federal Lands to which the Project Provides Access: Olympic National Park Entity with Title or Maintenance Responsibility for Facility: Jefferson County Type of Work: This study will evaluate the Hoh River along Oil City Road, from MP 8.50 to 10.98, via hydraulic, geomorphic, geotechnical, environmental, roadway design and other specialties to determine the best alternatives for protecting the road embankment or relocating the road. This Agreement does not obligate (commit to) the expenditure of Federal funds nor does it commit the parties to complete the project. Rather, this agreement sets forth the respective responsibilities as the project proceeds through the project development process and construction. Parties to this Agreement: Jefferson County and Federal Highway Administration, the Western Federal Lands Highway Division (FHWA-WFL). The Program Decision Committee originally approved this project on 09/25/2016. AGREED: Commissioner, Jefferson County Daniel Donovan, Director of Program Administration Western Federal Lands Highway Division, FHWA-WFL Date Date Approved as to form only: r" September 15, 2021 Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney WA JEFF 134309(1) Oil City Road Engineering Assessment Page 1 of 8 September 13, 2021 A. PURPOSE OF THIS AGREEMENT: This agreement documents the intent of the parties and sets forth the anticipated responsibilities of each party in the development, construction, and continued maintenance of the subject project. The purpose of the agreement is to identify and assign responsibilities for Project Development, Contract Advertisement, and Construction Administration as appropriate for this project, and to ensure continued maintenance of the facility for public use if improvements are made. The parties understand that any final decision as to design or construction will not be made until after the environmental analysis required under the National Environmental Policy Act (NEPA) is completed (this does not prevent the parties from assigning proposed design criteria to be studied in the NEPA process.) Any decision to proceed with the design and construction of the project will depend on the availability of appropriations at the time of obligation and other factors such as issues raised during the NEPA process, a natural disaster that changes the need for the project, a change in Congressional direction, or other relevant factors. If Federal Lands Access Program (FLAP) funds are used for the development or construction of this project, the Jefferson County agrees to provide a matching share equal to 13.5% of the total cost of the project, as detailed more fully in Section J below. When agency(cies) other than FHWA-WFL will be expending FLAP funds, the parties agree to execute a separate obligating document. No reimbursement will be made for expenses incurred prior to execution of the obligating document. B. AUTHORITY: This Agreement is entered into between the signatory parties pursuant to the provisions of 23 U.S.C. 204 and Jefferson County, Washington. C. JURISDICTION AND MAINTENANCE COMMITMENT: Jefferson County, Washington has jurisdictional authority to operate and maintain the existing facility and will operate and maintain the completed project at its expense. D. FEDERAL LAND MANAGEMENT AGENCY COORDINATION: Jefferson County, Washington has coordinated project development with the United States Forest Service and National Park Service. The United States Forest Service and National Park Service support of the project is documented in the Project Proposal by endorsing the proposal. Each party to this agreement who has a primary role in NEPA, design or construction should coordinate their activities with the Federal Land Management Agency. WAJEFF 134309(1) Oil City Road Engineering Assessment Page 2 of 8 September 13, 2021 E. PROJECT BACKGROUND I SCOPE: Background: Oil City Road provides vehicular access to Olympic National Park Wilderness: South Coast Trail, the Pacific Northwest National Scenic Trail, Washington State Dept. of Natural Resources land, Hoh River Trust land, and private property. Since 1995, numerous washouts have been repaired by the County and new unprotected areas continue to erode. Most recently, new alignments of the river have caused washouts in the MP 8.8 and 8. 9. The riprap repairs are not viewed favorably by the resource protection agencies and the Hoh Tribe and alternate, proactive measures are sought to protect this road. In 2013, WFLHD performed a study on the upper reaches of the Hoh River. The findings of the study supported subsequent bank protection projects. Jefferson County proposes that a similar engineering assessment be completed to determine environmentally sound alternatives to protect and stabilize the bank of the lower Hoh River adjacent to Oil City Road reducing the need for annual emergency repairs. Scope: WFLHD, will assemble engineering documents to identify significant infrastructure vulnerabilities and potential solutions. The proposed study will provide a planning -level hydraulic, geomorphic, geotechnical, and environmental assessments of the lower Hoh River along Oil City Road from MP 8.50 to 10.98. This will also include cost analysis and other specialties to determine the best alternatives for protecting the road embankment or relocating the road. The study will include: • evaluate locations that are susceptible to erosion damage, • identifying potential solutions and cost estimates for the priority sites ■ create a priority matrix • coordinate with stakeholders General: The proposed project along Oil City Road, begins at approximate Milepost (MP) 8.5 and ends at approximate MP 10.98. This project is located at approximate coordinates: 47°44'58.82"N, 124'23'55.11"W. F. PROJECT BUDGET: This is the anticipated budget for the project based on information developed to date. Federal Lands Access Program funds in conjunction with matching funds provided by Jefferson County will fund this project as detailed in Section K. WA JEFF 134309(1) Oil City Road Engineering Assessment Page 3 of 8 September 13, 2021 Item Total! Comments Preliminary Engineering (PE) $250,000 Verify at preliminary phase and update as needed. TOTAL BUDGET $250,000 Does not include Toll Credits G. ROLES AND RESPONIBILITIES: Jefferson County The County will be expected to appoint a representative to serve as a core project team member. This person will provide overall direction regarding agency policy, standards and procedures and work in unison with team members and stakeholders to develop project deliverables. The County will be responsible for project activities identified in Section 0. Contributions from the County will largely include taking the lead on public outreach and gathering stakeholder input, but may also include data collection and serving as the liaison in the field. The Public Involvement Plan (PIP) will serve as a framework and map for public involvement through the entire project. The PIP at a minimum will include: 1. Goals and objectives for public involvement. 2. A list of stakeholders and public groups. Stakeholders and public groups will include, but not be limited to, all land owners adjacent to and within the project limits, all businesses that access the Hoh River via Oil City Road, and all Federal, State, and local government agencies (i.e. NPS, USFS, Hoh Tribe, DNR, SHPO, etc.) and organizations (i.e. Coast Salmon Partnership, Wild Salmon Center, guides and outfitters) that potentially have interests in the project. Include the stakeholders and public groups' contact addresses, telephone numbers, and email addresses, if available. Maintain the list during all stages of the project. 3. A map of local stakeholders and public groups. 4. Probable stakeholder concerns. 5. Outreach techniques including how, what, and where project information will be disseminated. Outreach techniques will be implemented and updated during the Draft Report and Final Report Delivery project stages. Outreach techniques may include public meetings and hearings, stakeholder interviews, newsletters, surveys, and an updated project web site. 6. A public involvement schedule outlining when and where outreach techniques will be implemented. 7. Suggestions for evaluating and revising the PIP during the draft report stages. WA JEFF 134309(1) Oil City Road Engineering Assessment Page 4 of 8 September 13, 2021 FHWA-WFL FHWA-WFL will appoint a representative to serve as a core project team member. This person will serve as the project manager and provide stewardship and oversight of the Federal Lands Access Program Funds as noted in Section O. FHWA-WFL will be the lead for coordination with partner agencies, and is generally responsible for scheduling project updates and providing status reports. Contributions from FHWA-WFL will include participation in the public outreach process, site assessments, development of proposed alternatives, and deliverable documents preparation. FHWA-WFL is the delivery agent for the project and is responsible for contracting any additional third party support or services necessary for the project effort. H. ROLES AND RESPONSIBILITIES— MILESTONE SCHEDULE: Responsible Lead Product/Service Schedule Start/Finish FHWA-WFL FHWA-WFL Project Scoping Status Reports August 2021/ November 2021 Quarterly FHWA-WFL, County Check -in Calls Monthly, or additionally as needed/requested County Public Involvement Plan August 2021 / August 2022 County Stakeholder Meetings 2 Interim meetings TBD, Final meeting 30 days after the Final Report FHWA-WFL Draft Report December 2021/ March 2022 FHWA-WFL Public Comment and Review Period April 2022 FHWA-WFL Final Report May 2022/ July 2022 I. FUNDING: The project is funded by the Federal Lands Access Program administered by FHWA-WFL, with matching funds provided by Jefferson County. .Funding Source ,Amount % Comments Federal Lands Access Funds $250,000 86.50% WAJEFF 134309(1) Oil City Road Engineering Assessment Page 5 of 8 September 13, 2021 Funding Source Amount % Comments Local Matching Share (Jefferson County) $39,017 13.50% Toll Credits. Toll credits don't contribute to total budget in Section F Total Projected Costs $289,017 100% J. MATCHING SHARE REQUIREMENTS: The purpose of this section is to document the intent of Jefferson County to meet its match requirement for the subject project as authorized under section 23 USC 201(b)(7)(B). All FLAP expenditures associated with this project 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. The matching requirement under the FAST Act will be met by Jefferson County. Jefferson County has committed to the project. The forms of match shall be those consistent with the 'Federal -Aid Guidance Non -Federal Matching Requirements' and as approved by FHWA-WFL. In the state of Washington, 13.5% of the total project cost. 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. Estimated costs and fiscal year (FY) forthe funding are based on the best budgeting and scheduling information known at the time. The final match will be determined based on actual expenditures at the conclusion of project work. Matching cash funds in FHWA-WFL 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, FHWA-WFL will consult with Jefferson County to ensure availability and commitment of additional match requirements. Maintain all project records, including source documentation for all expenditures and in -kind contributions, for a period of three (3) years from the date of final acceptance. If any litigation claim, negotiation, or audit has been started before expiration of the three-year period, the records shall be retained until completion of the action and resolution of all issues that arise from it. 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: WA JEFF 134309(1) Oil City Road Engineering Assessment Page 6 of 8 September 13, 2021 Agency Phase Form Due Value Comments Jefferson PE Toll 60 days after the Final $39,017 County Credits Report K. PROJECT TEAM MEMBERS — POINT OF CONTACT: The following table provides the points of contact for this project. They are to be the first persons to deal with any issues or questions that arise over the implementation of each party's role and responsibility for this agreement. Name / Title Organization Telephone No. / e-mail Mark Thurston, Jefferson County 360.385.9210 Project Manager MThurston@co.jefferson.wa.us Lisa Turecek, Olympic National Park 360.565.3150 Chief Facility Management Lisa Turecek@nps.gov John Davis, Federal Highway Administration- 360.619.7939, Project Manager Western Federal Lands Highway iohn.davis@dot.eov Division Kirk Loftsgaarden, Federal Highway Administration- 360.619.7512, Project Management Western Federal Lands Highway Kirk Loftsgaarden@dot.eov Branch Chief Division L. CHANGES / AMENDMENTS / ADDENDUMS: The agreement may be modified, amended, or have addendums added by mutual agreement of all parties. The change, amendment, or addendum must be in writing and executed by all of the parties. The types of changes envisioned include, but are not limited to, changes that significantly impact scope, schedule, or budget; changes to the local match, either in type or responsibility; change that alter the level of effort or responsibilities of a party. The parties commit to consider suggested changes in good faith. Failure to reach agreement on changes may be cause for termination of this agreement. A change in composition of the project team members does not require the agreement to be amended. It is the responsibility of the project team members to recognize when changes are needed and to make timely notifications to their management in order to avoid project delivery delays. WA JEFF 134309(1) Oil City Road Engineering Assessment Page 7 of 8 September 13, 2021 M. ISSUE RESOLUTION PROCEDURES MATRIX: Issues should be resolved at the lowest level possible. The issue should be clearly defined in writing and understood by all parties. Escalating to the next level can be requested by any party. When an issue is resolved, the decision will be communicated to all levels below. Jefferson County FHWA-WFL Time Mark Thurston, John Davis, 15 Days Project Manager Project Manager Monte Reinders, Kirk Loftsgaarden, 15 Days Public Works Director and County Engineer Project Management Branch Chief N. TERMINATION: This agreement may be terminated by mutual written consent of all parties. This agreement may also be terminated if either the NEPA process or funding availability requires a change and the parties are not able to agree to the change. Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. If Federal access funds have been expended prior to termination, the party responsible for the match agrees to provide a match in the applicable percentage of the total amount expended on the project prior to the termination. O. PROJECT ACTIVITIES: Phase Activity Jefferson County FHWA-WFL Planning & Programming Evidence of funding Signed Project Signed Project allocation Agreement Agreement Planning & Programming Project agreement with Signed Project Signed Project scope, schedule, & budget Agreement Agreement Planning & Programming Data Gathering/Site Visit Attend as needed Prepare/Lead Planning & Programming Public Involvement Plan Prepare/Lead Review and Facilitate Comment Planning & Programming Public outreach/Visioning Prepare/Lead Participate and Facilitate support Planning & Programming Preliminary Report Review and Prepare/Lead Comment Planning & Programming Final Report Review and Prepare/Lead Comment WA JEFF 134309(1) Oil City Road Engineering Assessment Page 8 of 8 September 13, 2021