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HomeMy WebLinkAboutPW Supp 2 WSDOT Road Departure Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator From: Monte Reinders, P.E., Public Works Director/County Engineer Agenda Date: Sept. 5, 2023 Subject: Execution of Supplement #2 to LA 10334 with WSDOT for additional construction phase_funding for the Road Departure Reduction Project, County Project No. 18020980, countywide on selected roads Statement of Issue: Execution of a Supplement #2 to Local Agency Agreement LA 10334 for additional construction phase funding for the Road Departure Reduction Project. Analysis/Strategic Goals/Pro's Et Con's: In 2021, Jefferson County received $707,000 in Highway Safety Improvement Project (HSIP) funding to replace traffic signs and install other safety improvement on selected county roads. The project is intended to construct safety improvements that will reduce vehicle departing the road type accidents. The lowest responsive bid exceeded the approved funding. This Supplement will obligate an additional $145,275.00 of HSIP grant funds for the project to permit awarding of the project to the lowest responsive bidder. Fiscal Impact/Cost Benefit Analysis: With this supplement, preliminary Engineering and Construction will be funded at 100% up to $852,275.00 by the HSIP funding. Recommendation: Public Works recommends that the Board execute the original of the LA 10334 Supplement#2 and return all original to Public Works for further processing. Department Contact: Bruce Patterson, P.E., Project Manager, 385-9169. Reviewed By: 0,43 Mark McCauley ounty Administrator Dat CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) X045 " Pl CONTRACT WITH: WS DOT Supplement to State Funding Agreement Contract No: LA 10334 Contract For: Construction Phase Funding - 18020980 Term: 12/31/2025 COUNTY DEPARTMENT: Public Works Contact Person: Bruce Patterson(Project Manager) Chris Spall(PW Administration) Contact Phone: 360.385-9169 360-385-9208 Contact email: bpatterson@co.jefferson.wa.us cpall@co.jefferson.wa.us AMOUNT: $145,275.00 PROCESS: — Exempt from Bid Process Revenue: 18033320-333131-20980 _ Cooperative Purchase Expenditure: 180-Roads Competitive Sealed Bid Matching Funds Required: none if timelines met Small Works Roster Sources(s)of Matching Funds County Road(if required) Vendor List Bid Fund# 180-Roads RFP or RFQ Munis Org/Obj ✓ Other: WSDOT Agreement APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLI WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: ! I N/A: r�1�..9.. Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN BARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: D N/A: aja.,crz Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 8/31/2023. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 8/25/2023. Supplement to State contract. 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 Allow Washington State To Department of Transportation ,Agency Jefferson County Federal Aid Project Number Agreemer ` HSIP-OOOS(627) 10334 Local Agency Agreement Supplement Supplement Number 2 Number )ANo. ZQ.2Q5 -Highway Planning Construction All provisions in the basic agreement remain in effect except as modified by this supplement. The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment (2 CFR Part 180). Additional changes to the agreement are as follows: Project Description Name Jefferson County Road Departure Reduction Project Length 83 miles Termini Countywide Description of Work No Change Add/upgrade signing and add guardrail reflectors and delineators countywide Reason for Supplement Obligate additional grant funds for the CN Phase Are you claiming indirect cost rate? r Yes ,/ No Project Agreement End Date 12/31/2026 Advertisement Date 7/5/2023 Type of Work YP Estimate of Fundin (1) Previous A reement/Su I. 2 () Supplement (3) Estimated Total Project Funds 80,000.00 0.00 (4) Estimated Agency Funds (5) Estimated Federal Funds PE 00 % ,a. A enc Ib. Other 80,000.00 80,000.00 Federal Aid c . Other 0.00 Participation Ratio for PE id. State Services 2,000.00 2,000.00 2,000.00 t . Total PE Cost Estimate a+b+ +u 82,000.00 0.001 .00 82,000.00 0.00 82,000.00 Right of Wayo f. A n 0.00 a. Other 0.00 Federal Aid h.Other 0.00 Participation Ratio for RW i. State Services 0.00 i. Total R/W Cost Estimate f+ +h+ 0.00 0.00 0.00 0.00 0.00 Costructio nO k. Contract 557,690.00 145,275.00 702,965.00 702,965.00 Oe I. Other Contract -Non -funded 14,690.00 -14,690.00 0.00 0.00 m. Other 0.00 Tederal Aid n.Other Agency -Non -Funded 14,690.00 -14,690.00 0.00 0.00 Participation Ratio for CN 0- A e c 65,310.00 65,310.00 65,310.00 State Services 2,000.00 2,000.00 2,000.00 Total CN Cost Estimate k+l+m+n+o+ 654,380.00 115,895.00 770,275.00 0.00 770,275.00 _i1a. r. Total Project Cost Estimate a++ 736,380.00 115,895.00 852,275.00 0.00 852,275.00 The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions. Agency Official Washington State Department of Transportation By By Title Chair, Jefferson County BoCC Director, Local Program Agency Date 09/ /2023 Approved as to ronnpnly, Date Executed ~August 25, 2023 DOT Form 140-041 Page 1 Revised 04/2022 Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney Agency Supplement Number Jefferson County 2 Federal Aid Project Number Agreement Number CFDA No. 20.205 - Highway Planning HSIP-OOOS(627) 10334 and Construction VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin. Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and 2 CFR Part 200.501 - Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation. IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director, Local Programs. Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they become ineligible for federal reimbursement. Vill. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. XVII. Assurances Local Agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA). DOT Form 140-041 Page 2 Revised 04/2022 Instructions 1. Agency — Enter the agency name as entered on the original agreement. 2. Supplemental Number — Enter the number of the supplement. Supplement numbers will be assigned in sequence beginning with Number 1 for the first supplement. 3. Project Number — Enter the federal aid project number assigned by WSDOT on the original agreement. 4. Agreement Number — Enter the agreement number assigned by WSDOT on the original agreement. 5. Project Description — Enter the project name, length, and termini. 6. Description of Work — Clearly describe if there is a change in work such as the addition or deletion of work elements and/or changes to the termini. If the work has not changed, put a check mark in the "No Change" box. 7. Reason for Supplement — Enter the reason for this supplement, i.e., increase PE funding to cover design changes presented in the revised prospectus; request funding of construction phase; decrease construction funding to the contract bid amount. If the supplement is authorizing a construction phase, the project's proposed advertisement date must be included in the space provided. 8. Claiming Indirect Cost Rate — Check the Yes box if the agency will be claiming indirect costs on the project. For those projects claiming indirect costs, supporting documentation that clearly shows the indirect cost rate being utilized must be provided with the supplement. Indirect cost rate approval by your cognizant agency or through your agency's self -certification and supporting documentation is required to be available for review by FHWA, WSDOT and /or State Auditor. Check the No box if the agency will not be claiming indirect costs on the project. See Section 23.5 for additional guidance. 9. Project Agreement End Date — Enter your previously established Project Agreement End Date. If authorizing a new phase of the project, update the Project Agreement End Date based on the following guidance: a. For PE and RW — WSDOT recommends agencies estimate when the phase will be completed and add three years to determine the "Project Agreement End Date". b. For Construction — WSDOT recommends agencies estimate when construction will be completed and add three years to determine the "Project Agreement End Date". c. If an extension to a Project Agreement End Date is required between phase authorizations, the need for the extension must be described in the Reason for Supplement. Adequate justification to approve the extension must be submitted with the supplement. See Section 22.3 for additional guidance. 10.Type of Work and Funding (Round all amounts to the nearest whole dollar). a. Column 1 — Enter the amounts from column 1 of the original local agency agreement. If the agreement has already been supplemented, enter the amounts by type of work from column 3 of the last supplemental agreement. b. Column 2 — Enter increase/decrease to total amounts requested by type of work. c. Column 3 —Add the amounts in columns 1 and 2. d. Columns 4 and 5 — Enter the appropriate amounts based on the participation ratio recorded on the original agreement. 11.Signatures —An authorized official of the local agency signs the Supplemental Agreement and enters their title and date of signature (mm/dd/yy). Note: Do NOT enter a date on the Date Executed line. DOT Form 140-041 Page 3 Revised 04/2022