HomeMy WebLinkAboutPIF Sims Way Amend 1 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley,County Administrator
DATE: August 28,2023
SUBJECT: Request for Board Approval,re: Amendment No. 1 to the Grant Agreement by and
Between Jefferson County and Port of Port Townsend,Jefferson County Public
Utility District No. 1 and the City of Port Townsend for Public Infrastructure
Funding—Sims Way and Boatyard Expansion
STATEMENT OF ISSUE:
On November 15, 2001 the Board of County Commissioners approved a Public Infrastructure Fund(PIF)grant for the
above referenced project. The project remains viable but has encountered significant delays. An extension to the grant
agreement term is necessary for the project to be completed.
ANALYSIS:
Project proponents briefed the PIF Board on the status of the project during the August 24, 2023 PIF Board meeting
and asked for a project term extension through October 31, 2025. The PIF Board passed a motion to recommend that
the Board of County Commissioners approve a grant agreement amendment extending the project term.
FISCAL IMPACT:
This request has no fiscal impact—it is only an extension of time to complete the project.
RECOMMENDATION:
That the Board approve the attached grant agreement amendment.
REVIEWED BY:
---- e
Mark McCa 1 y, County Administrator ~ Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: City of PT, Port of PT,PUD No. 1 -Amendment No. 1 Contract No: SimsGW 1st Am-2023
Contract For: Sims Gateway and Boatyard Expansion Term: Through 10-31-25
COUNTY DEPARTMENT: County Administrator
Contact Person: Mark McCauley
Contact Phone: 360-385-9130
Contact email: mmccauley@co.lefferson wa us
AMOUNT: no dollar amount PROCESS: — Exempt from Bid Process
Revenue: N/A Cooperative Purchase
Expenditure: N/A Competitive Sealed Bid
Matching Funds Required: N/A Small Works Roster
Sources(s) of Matching Funds N/A Vendor List Bid
Fund # N/A 3t� RFP or RFQ
Munis Org/Obj N/A Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES C PLIANCE WI C 3.55.080 AND CHAPTER 42.23 CW.
CERTIFIED: a N/A: 07 y -2 3
ignature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT B EN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: I I N _k: T!" y/.23
St ture Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 8/24/2023.
Amendment - term extension.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically Laserfiche):through g
Electronically approved as to form by PAO on 8/25/2023.
Approval contingent on adding a sentence that says. Other than the
amendments above, there are no other amendments to this Agreement.
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
1
Amendment No. 1 to the Grant Agreement by and Between Jefferson County and
Port of Port Townsend, Jefferson County Public Utility District#1 and the City of Port
Townsend (grantees)
For Public Infrastructure Project Funding
Sims Way Gateway and Boatyard Expansion
This Amendment No. 1 to the Agreement cited above is made and entered into by and
between the grantees and Jefferson County, a political subdivision under the laws of the State
of Washington ("County"), (collectively "Parties").
WHEREAS, the Parties want to amend the Agreement entered into between them;
NOW, THEREFORE, the Parties agree as, follows:
1. Purpose. The purpose of this Amendment is to revise the time for performance as
provided for in the original Agreement. All other terms of the Agreement between the Parties remain
unchanged.
2. Amendment.
The third section of paragraph 2. is amended to read: "The project begins late 2021
and shall be completed no later than October 31, 2025."
3. Other than the amendment above there are no other amendments to this agreement.
(SIGNATURES FOLLOW ON NEXT PAGE)
1
IN WITNESS WHEREOF, the parties have caused this Grant Agreement Amendment No. 1 to
be executed this day of , 2023.
Jefferson County Port of Port Townsend
Board of Commissioners
Greg Brotherton, Chair Date Eron Berg, Director Date
ATTEST: City of Port Townsend
Carolyn Gallaway, CMC Date John Mauro, City Manager Date
Clerk of the Board
Public Utility District#1
APPROVED AS TO FORM:
Kevin Streett, General Manager Date
a C 440°1111'...--
August 25,2023
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Page 2 of 2
•
51on5 nyeror r I Kitai N . a. .
IPIF Grant Agreement-Sims Way Gateway Plan Implementation and Boat Yard Expansion
.0 TI Grant Agreement by and Between
���( Jefferson County
CC:•-1 I,�f-" • and
(' Port of Port Townsend, Jefferson County Public Utility District#1 and the City of Port 0 - t
Townsend (Grantees) n, —
For Public Infrastructure Project Funding a `ry
Sims Way Gateway and Boatyard Expansion �.---- `'J
WHEREAS, RCW 82.14.370 authorizes a sales and use tax to provide funding of public -i
infrastructure projects; and
31
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 CodeF"..
Chapters 3.28 and 3.36;and
WHEREAS, the Sims Way Gateway Plan Implementation and Boat Yard Expansion Project will
address safety and reliability issues with the main power transmission lines feeding Port
Townsend, implement the City's Gateway Development Plan and expand the boat yard along
Sims Way to provide additional work space to support marine trades jobs in Jefferson County.
This project is important to the economic development of Jefferson County; and
WHEREAS, on November 2, 2021, the Public Infrastructure Fund Board recommended that the
County approve a 100%grant to the Sims Way Gateway Plan Implementation and Boat Yard
Expansion Project in the amount of$1,000,000; and
WHEREAS, on November 15, 2021 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 the Grantees, in consideration of the mutual benefits, terms, and conditions
hereinafter specified, do hereby agree as follows:
I. Grant Commitment. A 100% grant of Public Infrastructure Funds is hereby made to the
Grantees for Sims Way Gateway Plan Implementation and Boat Yard Expansion Project.
The approved maximum amount of the grant shall be $1,000,000. The grant ($1,000,000)
shall be available based on submission of appropriate invoices pursuant to Section 3.
2. Project Description, Schedule and Budget. The Sims Way Gateway Plan Implementation and
Boat Yard Expansion Project will address safety and reliability issues with the main power
transmission lines feeding Port Townsend, assist in implementing the City's Gateway
Development Plan and expand the boat yard along Sims Way hereby providing additional
work space to support marine trades jobs in Jefferson County.
Page 1 of 6
PIF Grant Agreement—Sims Way Gateway Plan Implementation and Boat Yard Expansion
To achieve these objectives, the project will remove the Lombardy Poplars along Sims Way,
underground the power transmission lines on the south side of Sims Way, expand the boat
yard to the Port's property line including electrical distribution and lighting, construct a
pedestrian sidewalk on the south side of Sims Way, replant trees on the Sims Way corridor
(with irrigation on the south side), and fence the boat yard with an aesthetically pleasing
design.
The project begins late 2021 and shall be completed no later than December 31, 2023.
The grant funds $1,000,000 of the project's total cost of$1,970,000, with funds to be
allocated among the Grantees as described in the funding request submitted to the PIF Board
(Port- $450,000; PUD - $350,000; City$200,000).
3. Payment. Expenses incurred by the project's consultants, contractors, suppliers, or Grantees'
staff for work performed on the Sims Way Gateway Plan Implementation and Boat Yard
Expansion Project, as described herein, shall be submitted to the PIF Administrator by the
Grantees using a detailed invoice. The Port of Port Townsend is the point of contact for
invoices and subsequent reimbursement requests to the County and will make those requests
consistent with the project budget allocation provided by the Grantees in the PIF Grant
application.
Each detailed invoice shall show individual items followed by the total amount incurred and
the amount eligible for reimbursement under this grant as well as the payee(s) (i.e., City, Port
or PUD) for that particular reimbursement request. Grantees 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. Grantees 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, Grantees,
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
Page 2 of 6
PIF Grant Agreement—Sims Way Gateway Plan Implementation and Boat Yard Expansion
c. Termination by the County.
i. Should the Grantees 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 Grantees.
ii. Grantees shall have the right and opportunity to cure any such material
breach within the ten (10)day period.
iii. The County may terminate this Agreement upon immediate notice to the
Grantees in the event that the funding for the project ceases or is reduced
in amount. Grantees will be reimbursed for services expended up to the
date of termination.
d. Termination by Grantees.
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, Grantees, at their 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.
e. 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. Grantees 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, 2023, unless extended by mutual
agreement.
9. Failure to Appropriate. Grantees acknowledge 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
the Grantees for this grant are subject to appropriation by the County Commission.
Page 3 of 6
PIF Grant Agreement—Sims Way Gateway Plan Implementation and Boat Yard Expansion
10. Integrated Agreement. This Grant Agreement represents the entire and integrated
agreement between the County and the Grantees 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.
12. No Assignment. Grantees 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; Relationship of the Parties. 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.No agent,
employee or representative of any party shall be deemed to be an agent, employee or
representative of any other party for any purpose, and the employees of one party are not
entitled to any of the benefits any other party provides to its employees.
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.
16. Hold Harmless and Indemnification: Each party (the "Indemnitor") shall hold the other
(the"Indemnitee"), harmless, indemnify and defend the other its board or commission
members, officers, officials, employees and agents, from and against any and all claims,
actions, suits, liability, loss, expenses, damages, and judgments of any nature whatsoever,
including, but not limited to, reasonable costs and attorneys' fees in defense thereof, for
injury, sickness, disability or death to persons or damage to property or business, caused
by or arising out of the performance of this contract, its employees, agents, or
subcontractors or anyone for whose acts any of them may be liable, except for injuries
and damages caused by the sole negligence of the Indemnitee. If the claim, suit or action
involves concurrent negligence of the Parties, the indemnity provisions provided herein
shall be applicable only to the extent of the percentage of each party' s negligence. It is
Page 4 of 6
PIF Grant Agreement— Sims Way Gateway Plan Implementation and Boat Yard Expansion
further specifically and expressly understood that the indemnification provided herein
constitutes each party's waiver of immunity under Industrial Insurance, Title 51 RCW,
solely for the purposes of this indemnification. This waiver has been mutually negotiated
by the parties. The provisions of this Section shall survive the expiration or termination
of this Contract.
SIGNATURES APPEAR ON THE FOLLOWING PAGE
Page 5 of 6
PIF Grant Agreement—Sims Way Gateway Plan Implementation and Boat Yard Expansion
IN WITNESS �!HEREOF, the parties have caused this Grant Agreement to be executed this
t5 day of I\OUPhti,(,f,_ , 2021.
Jefferson County Port of Port Townsend
Board of mmissioners
Iibs4l ll(i(t�Lt
Kate an, Chair Date Eron Berg, Direct Date
ATTEST: City of Port Townsend
Ca4 G 6
CarolyrVGalloway ✓ Date auro, City Manager Date
Clerk of the Board
Public Utility District#1
APPROVED AS TO FORM:
evin Streett,General Manager Date
11/12/2021
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Page 6 of 6
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
FROM: Mark McCauley, Interim County Administrator
DATE: November 15,2021
RE: AGREEMENT re: Public Infrastructure Project Funding: Sims Way
Gateway Plan Implementation and Boat Yard Expansion Project; Port of
Port Townsend, City of Port Townsend,Jefferson County Public Utility
District#1; $1,000,000
STATEMENT OF ISSUE: On November 8, 2021,the Board of County Commissioners approved
Resolution 65-21 approving the Public Infrastructure Board's recommendation to fund both 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 agreements.
ANALYSIS: In response to the PIF Board's Request for Proposals issued on August 3, 2021 four public
agencies submitted two project proposals.On November 2, 2021,the PIF Board evaluated both projects
and voted unanimously to recommend approval of both.The BOCC subsequently approved the PIF
Board's recommendation by approving Resolution 65-21 on November 8, 2021.
The Port of Port Townsend,the City of Port Townsend and PUD District#1 submitted a joint project
proposal for the Sims Way Gateway Plan Implementation and Boat Yard Expansion Project requesting
$1,000,000 in funding.
The Sims Way Gateway Plan Implementation and Boat Yard Expansion Project will address safety and
reliability issues with the main power transmission lines feeding Port Townsend, implement the City's
Gateway Development Plan and expand the boat yard along Sims Way to provide additional work space
to support marine trades jobs in Jefferson County.
To achieve these objectives,the project will remove the Lombardy Poplars along Sims Way, underground
the power transmission lines on the south side of Sims Way, expand the boat yard to the Port's property
line including electrical distribution and lighting, construct a pedestrian sidewalk on the south side of
Sims Way, replant trees on the Sims Way corridor(with irrigation on the south side),and fence the boat
yard with an aesthetically pleasing design.
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
amount of$1,000,000. Budget for this grant award will be part of the 2022-2023 biennial budget to be
approved by the Board in December 2021.
RECOMMENDATION: Approve the proposed Grant Agreement.
REVIEW BY•
Mark McCauley tertm County Admmistr& Date
CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Port of Port Townsend,City of Port Townsend,PUD District#1 Contract NO: Sims/Boatyard PIF 2022
Contract For: Sims Gateway and Boatyard Expansion 2022 PIF Grant Term: Through December 31, 2022
COUNTY DEPARTMENT: County Administrator
Contact Person: Mark McCauley
Contact Phone: 380-385-9130
Contact email: mmccauley@co.jerterson.wa.us
AMOUNT: $1,000,000 PROCESS: _ Exempt from Bid Process
Revenue: N/A _ Cooperative Purchase
Expenditure: $1,000,000 Competitive Sealed Bid
Matching Funds Required: N/A ~ Small Works Roster
Sources(s)of Matching Funds N/A — Vendor List Bid
X RFP or RFQ
Other:
APPROVAL STEPS:
STEP 1:DEPARTMENT CERTIFIES C PLIANCE WIT 3.5 080 AND CHAPTER 42.23 RCW.
CERTIFIED: ElJ ��N/A: LV//0172
%nature ! 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: ❑ N/A: a /l !0 Z f
Si lure Da
STEP 3:RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 11/10/2021.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 11/12/2021.
Contract on County Grant Template.
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