HomeMy WebLinkAboutFederal Highway Administration (FHA) - 092721 0,D03 7.31• Nilc4
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:
V27/7
Commissioner,Jefferson County Date
Digitally signed by DANIEL D
DONOVAN
Date:2021.10.07 10:10:26-04'00'
Daniel Donovan,Director of Program Administration Date
Western Federal Lands Highway Division, FHWA-WFL
Approved,as to form only:
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.
WA JEFF 134309(1)
Oil City Road Engineering Assessment Page 2 of 8 September 13,2021
E. PROJECT BACKGROUND/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
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 O. 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:
l l
FHWA-WFL Project Scoping August 2021/November 2021
FHWA-WFL Status Reports Quarterly
FHWA-WFL, Check-in Calls Monthly,or additionally as
County _ 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 April 2022
Review Period
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.
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Federal Lands Access $250,000 86.50% ■ -
Funds
WA JEFF 134309(1)
Oil City Road Engineering Assessment Page 5 of 8 September 13,2021
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Local Matching Share $39,017 13.50% Toll Credits. Toll credits don't
(Jefferson County) 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)for the 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
l r 1
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.
Mark Thurston, Jefferson County 360.385.9210
Project Manager MThurston@co.iefferson.wa.us
Lisa Turecek, Olympic National Park 360.565.3150
Chief Facility Management Lisa Turecek@nps.Aov
John Davis, Federal Highway Administration- 360.619.7939,
Project Manager Western Federal Lands Highway john.davis@dot.aov
Division
Kirk Loftsgaarden, Federal Highway Administration- 360.619.7512,
Project Management Western Federal Lands Highway Kirk Loftsgaarden@dot.Aov
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.
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:
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
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 Et 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:
//g
Mark McCauley, erim County Admini r for ate
CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Federal Highway Administration Pwaw'07e
(Name of Contractor/Consultant) Contract No.
COUNTY DEPARTMENT: Public Works
Contact Person: Mark Thurston, Project Manager
Contact Phone: ext. 210
Contact email: Return to: Chris Small, ext. 208
AMOUNT: $299,017.00 PROCESS: _ Exempt from Bid Process
Revenue: — Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Yes „—, Small Works Roster
Sources(s)of Matching Funds $250,000 FliWA•$39,017 WI credits,$10,000 Rd fund Vendor List Bid
L__, RFP or RFQ
XOther:Memorandum of Agreement
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: E N/A:[j /l i/2/
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: 0 N/A: E ��� ( A.,.. _ f` 0./
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 9/14/2021.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 9/16/2021.
Federal language - cannot change.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL