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HomeMy WebLinkAboutPIF Quil Complete Streets 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 Jefferson County Public Works—Quilcene Complete Streets 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: Mark McCaul ounty Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Jefferson County Public Works Contract No: QCS Am, No 1.2023 Contract For: Quilcene Complete Streets (No. 2) l crm: Through 10-31-25 COUNTY DEPARTMENT: County Administrator Contact Person: Mark McCauley Contact Phone: 360-385-9130 Contact email: mmccauley@co.jefferson.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 L RFP or RFQ Munis Org/Obj N/A Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES C PLIA_ E I .' 3.55.080 AND CHAPTE 42.23 CW. CERTIFIED: ■❑ N/A: fGf/i p Z3 nature4110 Dat STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED Y ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: 111 N/A: � • ienature D e STEP 3: RISK MANAGEMENT REVIEW(will be added electronically thro Laserfiche): Electronically approved by Risk Mana gement on 8/24/2023. Amendment - term extension. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 8/25/2023. Conditionally approved only. Add a sentence that says: Other than the amendments above, there are no other changes 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 Amendment No. 1 to the Grant Agreement by and Between Jefferson County and Jefferson County Public Works For Public Infrastructure Project Funding Quilcene Complete Streets 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 second section of paragraph 2. is amended to read: "The project begins early in 2022 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. I to be executed this day of , 2023. Jefferson County Jefferson County Public Works Board of Commissioners Greg Brotherton, Chair Date Monte Reinders, Director Date ATTEST: Carolyn Gallaway, CMC Date Clerk of the Board APPROVED S TO ORM: C August 25,2023 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Page 2 of 2 1 b46 )S\. 1 S PIF GraC .4.1f\X nt Agreement—Quilcene Complete Streets Project 2022 UUU g P J 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 --Ps 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 -t- pavement restoration project on Center Road. It replaces a 45-year old asphalt sidewalk with a ...s 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 November 2, 2021, the Public Infrastructure Fund Board recommended that the County approve a 100% grant to the Quilcene Complete Streets Project in the amount of $100,000; and WHEREAS, on November 8, 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 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 $100,000. The grant ($100,000) 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 supplement WSDOT funding to construct enhanced pedestrian highway crossings to the School and Community Center. It will improve walkability in the Quilcene commercial core, will dramatically improve crossing safety for residents, students and out of town visitors. People spend more time and more money in walkable communities. Page 1 of 5 PIF Grant Agreement—Quilcene Complete Streets Project 2022 The project begins early in 2022 and shall be completed during the December 31, 2022. The grant funds $100,000 of the project's total cost of$1,001,840-$1,051,840. 3. 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. 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 c. 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. 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. Page 2 of 5 PIF Grant Agreement—Quilcene Complete Streets Project 2022 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. 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. 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. 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 Page 3 of 5 PIF Grant Agreement—Quilcene Complete Streets Project 2022 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 2022 IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be executed this S- day of �f VP11--1.., , 2021. Jefferson County Jeffers ounty P blic Works Board of C missioners j I�,S/z l j;; Kate Dan, Chair Date Monte Reinders, Director ate ATTEST:g �^ awe, ( �43 /%t1.,Gc i0 /Z� Carolyn c lloway 1 Date/ Clerk of the Board APPROVED AS TO FORM: `(?. C' 1 , � .�- 11/12/2021 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Page 5 of 5 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: Quilcene Complete Streets Project; Jefferson County Public Works; $100,000 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. Jefferson County Public Works submitted a grant request for its second Quilcene Complete Streets Project.The Quilcene Complete Streets Project will supplement WSDOT funding to construct enhanced pedestrian highway crossings to the School and Community Center. It will improve walkability in the Quilcene commercial core,will dramatically improve crossing safety for residents, students and out of town visitors. 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 amount of$100,000. 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. REVIE BY: /f rZ/zi Mark McCaule , nterim County Administra r Date CONTRACT REVIEW FORM (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Jefferson County Public Works Contract No: QCS2-PIF-2022 Contract For: PIF Grant-Quilcene Complete Streets Phase 2 Term: Through December 31, 2022 COUNTY DEPARTMENT: County Administrator Contact Person: Mark McCauley Contact Phone: 360-385-9130 Contact email: mmccauley@co.Jefferson.wa.us AMOUNT: sioo,o00 PROCESS: _ Exempt from Bid Process Revenue: N/A _ Cooperative Purchase Expenditure: $100,000 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 COMP N E WIT .5.080 AND CHAPTER 42 23 RCW. CERTIFIED: ! 1 N/A: ,�� Z Sii ture ate 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: El N/A: Ej nature D e STEP 3: RISK MANAGEMENT REVIEW(will be added electronically throw serfiche): Electronically approved by Risk Management on 11/8/2021. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 11/12/2021. Standard 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