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Home My WebLink AboutWashington State Department of Transportation Supplement No. 1 - 072224 4110► �� Washington State Agency Local AgreementSupplement Department of Transportation PP Agency Supplement Number JEFFERSON COUNTY 1 'Federal Aid Project Number reement Number CFDA No 20.205-Highway Planning TAP-0019(008) ILA 10459 and 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 SR 19 RHODY DRIVE PED-BIKE IMPROVEMENTS-SOUTH SEGMENT Length 0.62 miles Termini SR 19 M.P.8.94(CENTER ROAD)TO SR 19 M.P.9.56(WEST VALLEY ROAD) Description of Work / No Change Reason for Supplement Obligate new PE State Funds(CCPP)&Shift existing Federal Funds(TAP)from PE Agency line to a new PE Consultant line. Are you claiming indirect cost rate? 1 Yes / No Project Agreement End Date December 31,2026 Advertisement Date Estimate of Funding (1) (3) (4) (5) Type of Work Previous (2) Estimated Total Estimated Agency Estimated Federal Agreement/Suppl. Supplement Protect Funds Funds Funds aE a.Agency 0.00 Federal Aid �:Other SEE EXHIBIT A o00 Participation 0.00 Ratio for PE d.State Services e.Total PE Cost Estimate la+e-c+d) ("0 0.00 0.00 0.00 0.00 Right of Way f.Agency 0.00 g.Other 0.00 Federal Aid 0.00 Part apation h.Other Ratio for RW ).State Services 0.00 j.Total R!W Cost Estimate I++o+tl+f) 0.00 f 0.00 0,00 0.00 0.00 Construction 6 k.Contract 0.00 I.Ott -- 0.00 m.4ther 0.00 Federal Aid n.Other - 0.00 Participation Ratio for CN °• cY - 0.00 p.State Services 0.00 a.Total CN Cost Estimate fk+f+m.n+o+c) 0.00 0.(Xl _ 0.00 0.00 0.00 r Total Project Cost Estimate fe+i+a) 0.00 0.00 0.00 0.00 0.00I 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 6k bet i Ch6Lk go CC- Director, Local Program Agency Date 7/2217_4/ Approved as to form only: Date Executed DOT Form 140-041 / ��~ July 4, 2024 Page Revised 04/2022 Philip C.Hunsucker, Date Chief Civil Deputy Prosecuting Attorney 1 ANIL WWashington state , Department of Transportation Local Agency Agreement Supplement ('agency 'Supplement vumOer !JEFF E RSON COON I Y 1 *ideal Aid project Number -Agreement Number 'CFDA No 20.205•k ghv,0y Pann rig TAP-0019(006) LA 10459 and Co^un:cuor All provisions in the beak egreerrierrt renlam it cf ect except as modified by Ines supplement The Locei Agency certifies that it is not excluded(torn receiving Federal funds by a Federal suspension or debarment (2 CFR Part 180) Additional changes to the agreement are HS follows Project Description Narita SR 19 RHODY DRIVE PCD-DIKE'MPROVEM1 NTS-SOUTH SEGMENT Length 0 d:11,1,115 Termini SR 19 M.P 8.94(CENTER ROAD)TO SR 19 M P.9 56(WEST VAL-FY ROAD) Description of Work I/ No Change Reason for Supplement Obrgate new PE State Funds(CCPP)&Shift existing Faders!Funds(IAP)ion,PE Agency line to a new PE Cuasultant line Are you claiming indirect cost rale' Yes V No l'roiect Agreement End Date Oerxxi'M i 31.2026 Advertisement Dale • Estimate o1 Funding l Type of Work (1) 1 11 .4) I (51 ! "IPreviots Estimated-dal EstemaredAgency Estimated Federa 'Lr�eventAoreeinen_'Sup Predict Funds Futds FuresIPE -- __ —______ e%Iik_ +cy _011ner SEE 1��- `x, R n On - Federal Aid b.41*rcr L_ /\ L.� I T A• n,", - — I —. oartic pabr TT Ratio for PE �SaLviCet I 0!51 le T PE Co3t Estrate,er-t-o; (1.u(, it(r., n ixt tun' tier( (RIgh .f AQer,gt OM *_ So Oter rederal Aid Qua ----- --- ,)MI Part . - Ratio for RW J-- S ! L -_ 111111 IL.lalal'(Mf Ccsl Esl•rnale 1t•9•e'i) j (1.0) it 0,1 t)on (I.U.I not COns(ruclion I k Cmtr t r;io) .A ai Di c del • re • a. • • 000 - Federal II Viler - I)tl(1 -- _- • Dar bk,palton ) i Rat a for^,N 1' ! • U.W — • — ----- -- - • State Seni.ces I,(xi Totalsr-N cal ESD'IVICLH.n..n.e.p) II W' nix) - 1 1),00 rl.!k, (LOU1 • f r_Iffial Pfoiect Can E&MI tr.00 I.)do ! (1(X/ 11(iii i lI 00 The Local Agency further stipulates that pursuant to sa d Title 23.regulations and policies and procedures and as a condition to payment of the Federal lungs obligated.it accepts arid will comp y with the applicable provisions Agency Official ^ Washington State Department of Transportation ByBy Stephanie Digitally signed by Title i ,'' i;,•, ., (i ;. r StephanieTax F' I Director. Local Program Agency Date ,, Date Executed Tax Date:2024.07.31 , , A„,.-,),„,„,r,k'kill!ni-, 18:01:43-07'00' 001 FDrm t40.04T July�.2024 rrgr i Revuced oi12o22 Ptuhp C Hiri;.::,cat Da:e Chico'C.i Druid',I'-ose ut•kj Murk, Agency Supplement Number JEFFERSON COUNTY 1 Federal Aid Project Number Agreement Number CFDA No. 20.205-Highway Planning TAP-0019(008) LA 10459 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. VIII. 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 Exhibit A - - Jefferson County SR 19 Rhody Drive Ped-Bike Improvements-South Segment TAP-00109(008) Local Agency Agreement: LA-10459 Supplement#1 6/28/2024 (1) (2) (3) (4) (5) (6) Previous Supplement Estimated Total Estimated Agency Estimated State Estimated Federal Type of Work Agree/Suppl Project Funds Fund Funds PE a Agency $ 170,830.00 $ (89,980.00) $ 80,850.00 $ 10,915.00 $ 69,935.00 86.5% b Other(Consultant) $ 89,980.00 $ 89,980.00 $ 12,147.00 $ /7,833.00 Federal Aid d Other(Agency) $ 21,553.00 $ 21,553.00 $ 21,553.00 Participation e Other(Consultant) $ 197,247.00 $ 197,247.00 $ 197,247.00 Ratio for PE f State Services $ 5,000.00 $ 5,000.00 $ 675.00 $ 4,325.00 g Total PE Cost Estimate $ 175,830.00 $ 218,800.00 $ 394,630.00 $ 23,737.00 $ 218,800.00 $ 152,093.00 Right of Way h Agency $ - S - 100.0% i Other(Consultant) $ - Federal Aid j Other $ - $ $ • $ - Participation k State Services $ - $ $ - $ - Ratio for R/W I Total R/W Cost Estimate $ - $ - $ - $ - $ - $ - Construction Y m Contract CWA 5 - 5 - $ - $ - 86.5% Y n Contract Local S - $ - $ - $ - Federal Aid N o Contract STP S - $ - $ - $ - Participation p Agency S - $ . $ - $ - Ratio for CN Y q Agency Local $ - $ - $ - $ N r Agency STP $ - $ $ - $ - Y s Agency CWA $ - $ - $ - $ - Y State Local $ 5 $ - $ - Y t State Services CWA] $ - S - $ - $ - u Total CN Cost Estimate $ - 5 - $ - $ - $ - $ - ✓ Total Project Cost Estimate $ 175,830.00 $ 218,800.00 $ 394,630.00 $ 23,737.00 $ 218,800.00 $ 152,093.00 `arc r.cE Mfoij.... .. VWashington State AO Department of Transportation Local Agency Agreement Agency Jefferson County I CFDA No.20.206-Highway Planning and Construction (Catalog of Federal Domestic Assistance) Address 623 Sheridan Street Port Townsend,WA 98368 Project No. TAP-4019(008) L IC 6l IAgreementNo. _ For WSDOT Use Only -- _-.1 The Local Agency having complied,or hereby agreeing to comply,with the terns and conditions set forth in(1)Title 23,U S Code Highways,(2)the regulations issued pursuant thereto,(3)2 CFR Part 200,(4)2 CFR Part 180-certifying that the local agency is riot excluded from receiving Federal funds by a Federal suspension or debarment,(5)the policies and procedures promulgated by the Washington State Department of Transportation,and(6)the federal aid protect agreement entered into between the State and Federal Government,relative to the above project.the Washington State Department of Transportation will authorize the local Agency to proceed on the protect by a separate notification Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r. column 3.without written authority by the State.subject:o the approvai of the Federal H ghway Administration All project costs no:reimbursed by the Federal Government shall be the responab+lity of the Local Agency Project Description Name SR 19 Rhoay Wive Ped-Bike Improvements-South Length 0 62 Termm Center Road MP 8 94 to West Valley Road MP 9.56 Description of Work Des gn ano constrict pedestrian bicycle faultiest()serve safe'outes to school and conime'cial Corridor or a state highway;SR 19) ,rUudes new irt'astructure fora pedestriar stream crossing and pedestrian intersection c-oss ngs ProfectAgreement End Date December 31.2026 Claiming Indirect Cost Rate I Yes i No Proposed Advertisement Date - - _ --- -- -- (tl -F.ffi> .I2.F_t1R _ k..(2) (31 Type of Work Estimated Total ( Estimated Agency Estimated Federal Propel Funds Funds Funds PE d�A9Y 170,830 00 j 23.062.00 147,768 00 Federal Aid Other R PagicipaboE 4,-State Services - 5,000 00 675 00 - 4,325.00 FE.C47SLEStrnetelfteL_ . 175,830.00 23,737.00 152,093 00 r ht Way i^9e1+4y — _ p.Other - - -- I - Federal Aid Participation b..QU1B1 - —. ._.. _ " ---. Ratio for RW I.State Servitea - i Iota!F W COSLE;*le"(ttfiA 0.00 0.00 0.00 - taiiiiiiiiiii j1.Contact in.ether -- -- Federal Aid n Other — Partiapahon — — - Ratio for CN " 114Y.- — --- p.Slate Services - — L- __Q.T9tal CN CDSI..E13t 1! w•al 0.00 0.00 0.00 _ fi 7 . I nteac_astEstimattio«.0) 175,830.00 23,737.00 152,093.00 Agency Offlc a Washington State Department of Transportation By 11�, '"L_ p- By Stephanie nie Digital y signed by Stephanie'ax TVI Title t. 4r , *Ct-? (envoi S S)f}ttf'' Director. Local Programs Tax Date:2022.09.15 Agency Date se c (It is Date Executed 162505 07'00' Approved as to� m y DOT Form 140-039 y / 8126122 for Page t Revised 04/7027 ' Philip C.Hunsucker.Chief Civil Deputy Prosecuting Attorney Construction Method of Financing (Check Method Selected) State Ad and Award Method A-Advance Payment-Agency Share of total construction cost(based on contract award) Method B-Withhold from gas tax the Agency's share of total construction coast (line 5,column 2) in the amount of $ at S per month for months Local Force or Local Ad and Award ✓ Method C -Agency cost incurred with partial reimbursement 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 obigated, it accepts and will comply with the applicable provisions set forth below Adopted by official action on January 6 , 2003 , Resolution/Ordinance No.Certification Acceptance Qualification Agreement Provisions I.Scope of Work The Agency shall provide all the-work,labor,materials,and services necessary to perform the project wh ch is descnbed and set forth in detail in the'Project Description'and'Type of Work.' When the State arts for and on behalf of the Agency the State shall be deemed an agent of the Agency and shall perform the services described and indicated in"Type of Work"or the face of tots agreement,in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federa Highway Administration When the State acts for the Agency but is not subject to the rght of control by the Agency.the State shall have the nght to perform the work subject to the ordinary procecures of the State and Federal Highway Adm nistration II.Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project The Agency agrees that the State shall have the full authority to carry cut this administration The State shalt review,process,and approve documents required for federal aid reimbursement in accordance with federal requirements If the Stale advertises and awards the contract,the State will further act for the Agency in ali matters concerning the project as requested by the Agency If the Local Agency advertises and awards the project,the State shall review the work to ensure conformity with the approved plans arc specifications. III.Protect Administration Certain types of work and services shall be provded by the State on this project as requested by the Agency and described in the Type of Work above. In addition,the State will furnish qualified personnel for the supervision and nspection of the work in progress On Local Agency advertised and awarded pro,ects,the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, spedficat ons, and`ederal aid requirements.The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof,All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charges as costs of the project. IV.Availability of Records All project records in support of all coats incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office the U S. Department of Transportation,and the Washington State Department of Transportation The rewrds snail be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a penod of rot less than three years from the final payment of any federal a d funds to ale Agency.Copies of said records shall be furnished to the State and/or Federal Government upon request V.Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this protect until authonzed in writing by the State for each classification.The classifications of work for projects are' 1 Preliminary engineering 2.Right of way acouisition 3.Project construction • Once written authorization is given,the Agency agrees to snow cortnuous progress through monthly billings.Failure to show continuous progress may result the Agency's project becoming moct ve,as describer/ in 23 CFR 630 and subject to de-obligation of federal aid funds and/or agreement closure. If right of way acquisition,or anima;construction of the road'or which pre iminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was autrorized. the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement(see Section IX). If actual construction of the road for which right of way nas teen purchased is not started by the close of the tenth fiscal year following the fiscal year in wnicn the right of way phase was authorized,the Agency will repay to the State the sum or sums of federal DOT Form 140.039 Page 2 Revised 04w2022 funds zed to the Agency under the terms of this agreement(see Section IX). The Agency agrees that al stages of construction necessary to provide the initially planned complete fad ty within tee limits of this project will conform to at least the minimum values set by approved statewide des'gn standards applicable to this Gass of highways. even though such additional work is fins-iced without federal aid participation. The Agency agrees that on federal aid highway construction projects the current federal aid regulations which apply tc liquidated damages relative to the basis of federal participation in the project cost snail be applicable in the event the contractor fails to complete the contract within the contract time VI. Payment and Partial Reimbursement The total cost of the project. including all review and ergineerng costs and other experses of the State,is to be paid by the Agency and by the Federal Government Federal funding shall be in accordance with the Federal Trarsportation Act,as amended.2 CFR Part 200 The State shall not oe ultimately responsible for any of the costs of the project The Agency snail be ultimately responsible`or all costs associated with the project which are not reimbursed by the Federal Government Nothing it this agreement shall be construed as a promise by the State as to the amount or nature of feceral participation in this project. The Agency shall pill the state for federal aid project costs incurred in conformity with applicable federa and state taws The agency shall minimize the time elapsed betweer receipt of federal aid funds and subsequent payment of Incured costs Expenditures by the Local Agency for maintenance,genera administration,supervision,arc other overhead shall not be el gible►or federa participation unless a current ndirect cost plan has been orepared in accordance with tee regulations outlined in 2 CFR Part 200-Uniform Admir Requirements,Cost Principles and Audit Requirements for Federal Awards and retained for audit The State will pay for State incurred costs on tee project. Following paymeet,the State shall bill the Federal Government for reimbursement of hose 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 reimburses by the Federal Government(see Section IX) 1 Project Construction Costs Project constructior financing will be accomplisheo by one of the three methods as indicated in this agreement Method A—The Agency will place with the State,w thin(20)days after the execution of the construction contract,an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be depositea with the Slate.The State will pay all costs incurred under tee contract upon presentation of progress bill rigs from the contractor Following such payments,the State will submit a billing to the Federal Government or the`ederal aid participation share of the cost.When the protect is substantially completed and final actual costs of the project car be determ ned,the State vrll present the Agency with a`inal billing shuw.rg the amount due the State or the amount due the Agency This billing will be cleared by either a payment from tee Agency to the State or by a refund from the State to the Agency Method B—The Agency's share of the total construction cost es shown on the face of this agreement shall be withheld from its monthly fuel tax allotments.The face of this agreement estaclishes the months in which the withholding snail take place and the exact amount to be withheld each month.The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor,the State will submit such billings to the Federal Government for payment of its participating portion of such billings Method C—The Agency may submit vouchers to the State in the format brescnbec by the State, in duplicate,not more than once per month for those costs eiigiole for Federal participation to tee extent that such costs are directly attributable and properly allocable to this project Expenditures by the Local Agency for maintenance,general administration.supervision,and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement At the time of audit,the Agency will provide documentation of al.costs ncurred on the project The State snail bill the Agency for al costs incurred by the State relative to the project The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation(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 ben 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 n accordance with gererally accepted governmental auditing standards as issued by the United States General Accountrg Office oy the Comptrdler General of the United States,WSOO'Manual M.27-50 Consultant Authorization,Select on,and Agreement Adrni'istration, memoranda of understanding between WSDOT and FHWA,and 2 CFR Part 200.50' -Audit Requirements It 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 cverpayment or excess participation(see Section IX) VIII.Single Audit Act The Agency,as a subrecipieet of federal funds,shall adhere to the feceral•egulat ons outlined r 2 CFR Part 200 501 as we I as all appliable federal and state statutes and regu atoms A subrecicient who expends$750,000 or more n federal awards from ail sources during a given fiscal year shall have a single or program-specific audit performed med for that year in accordance with the provisions of 2 CFR Part 200 501 Upon corclusion of the audit,the Agency shall be responsible for ensuring that a copy of the report is transmitted DOT Form 140-039 Page 3 Revised 04r2022 promptly to the State IX.Payment of Billing The Agency agrees that If payment or arrangement for payment of any of the Slate's billing relative to the project(e.g.,State force wort project cancellation,overpaymert,cost ineligible for federal participation, etc)is not made to the State withrr 45 says after the Agency has been pilled,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 aeditonal Federal project funding will be approves unt..f full paymert is received unless otherwise directed by the Director,Local Programs. Project Agreement End Cate-This date s based on your projects Period of Performance{2 CFR Part 200 309) Any costs incurred after the Project Agreement End Cate are NOT el gible for federal re mbursement All dig be costs incurred pho- to the Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they become ineligible for federal reimbursement. X.Traffic Control,Signing,Marking,and Roadway Maintenance The Agency will not permit any changes to be made in the prov eons for park.ng regulations and traffic contro:on this pro,ect without prior approval of the State and Federa. eighway Administrabon The Agency will not install or permit to oe installed any srgrs. signals,or markings not in conformance with the starderds approved by the Federal Highway Adm nistration and MUTCD.The Agency will, at its own expense.maintain the improvement covered oy this agreement. Xl.Indemnity The Agency shall hold the Federal Governmert and the State harmless from and shal process and defend at is own expense all claims,demands.or suits,whether at law or equity brought against the Agency, State,or Federal Government,arising from the Agency's execution,performance,or failure to perform any of the provisions of this agreement or of any other agreement or contract connected with this agreement,or arising by reason of the participation of the State or Federal Government in the project, PROVIDED. nothing herein slat require the Agency to re.mburse the State or the Feoeral Government for damages arising out of bodily injury to persons or carnage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII.Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided here n The Agency snail not discriminate on the bass of race,colcr. nat oral ongn,or sex in the award and performance of any LISDOT- assisted contract ardfo•agreement or in the adorn stration of its DBE program or the requirements of 49 CFR Part 25 The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award ano administration of USDOT assisted contacts and agreements The WSDOT's DBE program,as required by 49 CFR Part 26 and as approved by USDOT, is ncorporated by reference,n this agreement Implementation of this program is a legal obligaton and failure to carry out is terms shal be treated as a violation of this agreement Upon notification to the Agency of its failure to carry out its approved program,the Department may irnpcse sanctions as provided for under Part 26 and may in appropriate cases refer the matter for enforcement under 18 U.S C 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 L S C 3801 et seq). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for corstructior work,or modification thereof,as cefined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is pad for in whole or in pat with funds obtained from the Federal Government or oorrowed or the credit of the Federal Government pursuant to a grant,contract,loan, insurance,or guarantee or understanding pursuant to any federal program involving sJch grant,contract,loan, insurance,or guarantee, the required contract provisions for Federal-Aid Cortracts(FHWA 1273;, located in Chapter 44 of the Local Agency Guidelines The Agency further agrees that it will be bound by the above equal opportunity clause wen respect to its own employment practices when it participates in federally assisted construction work:Provided,that if the applicant so partiopating is a State or Local Government,the aoove equal opporturity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract The Agency also agrees: (1)To assist and cooperate actively with :he State in obtaining the compliance of contractors and subcontractors wth the equal opportunely clause and rules regulatons.and relevant orders of the Secretary of Labor (2)To furnish the State such information as it may requ re for the supervision of such compliance and that d wit otherwise assist the State in the discharge of its primary responsibility for securing compliance (3)To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965 with a contractor debarred from or who has not demonstrated eligib lily for,govemmert contracts and federally assisted construction contracts pursuant to the Executive Order (4)To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State,Federal Highway Administration, or the Secretary of Labor pursuant to Part II subpart 0 or the Executive Order In addition,tie Agency agrees that if it fails or refuses to comply with these undertaeings.the State may take any or all of the following act ons: (a)Cancel,terminate.or suspend this agreement in whole or in part; (b)Refrain from extending any further ass.stance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency,and 007 Form:40.039 Page 4 Revised 0412022 • (c)Refer the case to the Department of Justice for appropriate legal proceedings XIII.Liquidated Damages The Agency hereby agrees that the liquidated damages p'ovisions of 23 CFR Part 635, Subpart 127,as supplemented.relative to the amount of Federal participation in the project mist.shal be applicable in the event the contractor fails to complete the contract witn:n the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participaton in accordance with this paragraph XIV.Termination for Public Convenience The Secretary of he Washington State Department of Transportation may terminate the contract in whole,or from time to time.n part.whenever (1)The requisite federal funding becomes unavailable through failure of appropriation or otherwise (2)The contractor is prevented from proceeding with the worx as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense.or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3)The contractor is prevented from proceeding with the work by reason of a preliminary,special,or permanent restraining order of a mutt of competent jurisdiction where the issuance or such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4)The Secretary is notified by the Federal Highway Administration that the project is inactive t5l The Secretary determines hat such termination is in the best interests of the State XV.Venue for Claims and/or Causes of Action For the convenience of the parties to this contract,it is agreed that any claims and/or causes of action which the Local Agency 'as against the State of Washington,growing out of this contract or the project with which it is concerned,shall be brought only in the Supenor Court'or Thurston County XVI.Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Tine approving authority certifies,to the best of his o•her knowledge and belief,that. (1)No federal appropriated funds have been paid or will be paid.oy or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency,a member of Congress.an officer or employee of Congress,or an empioyee of a member of Congress in connection with the awarding of any federa.contract,the making of any federal want,the making of any federal loan,the entenng into of any cooperative agreement,and the extension,continuation.renewal,amendment, or modification of any federal contract,grant.loan.or cooperative agreement (2)If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency,a member of Congress,an officer or employee of Congress.or an employee of a member of Congress in connection with this federal contract,grant, loan,or cooperat ve agreement,the undersigned shall complete and submit the Standard Form-LLL, 'Disclosure Form to Report Lobbying,' r accordance with its instructions (3)Tne undersigned shall require that the language of this certification be included in the award documents for all subawards at all t;ers(including subgrants,and contracts and subcontracts under grants,subgrants,loans, and cooperative agreements)which exceed$100,000, and that all such subreciprents shall certify and disclose accordingly This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered Ito Submission of this certdreation as a prerequisite for making or entering into this transaction imposed oy Section 1352. Title 3t U.S Code.Any person who fails to file the required certification shall be subject to a owl penalty of not less than$10,000 and not more than $100,000 for each such fa lure. 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,achy ties.and services will be conducted r comp lance with Section 504 and the Americans with Disabilities Act(ADA) Additional Provisions DOT Form 140-039 Page 5 Revised 04/2022 Department of Public Works 0 Consent Agenda • Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator From: Monte Reinders, Public Works Director/County Engineer Agenda Date: July 22, 2024 Subject: WSDOT Local Agency Agreement Supplement No. 1 SR 19 Rhody Drive Ped-Bike Improvements - South Segment Project No. 1802095, WSDOT Project No. TAP-0019(008) Statement of Issue: The WSDOT Local Agency Agreement Supplement No. 1 for the SR 19 Rhody Drive Ped.-Bike Improvements - South Segment project, is necessary to provide for 1.Reimbursement for Preliminary Engineering (PE) Phase Consultant expenditures from our existing federal WSDOT Transportation Alternatives Program (TAP) grant and, 2. Authorization of a new state WSDOT Connecting Communities Pilot Program (CCPP) grant for PE Phase expenditures. Analysis/Strategic Goals/Pro's & Con's: Jefferson County Public Works (JCPW) was awarded funding through the federal Transportation Alternatives Program (TAP) for the PE phase of this project on June 26, 2020 and a WSDOT Local Agency Agreement was executed on Sept. 15, 2022. This funding is administered through WSDOT Local Programs and now requires a Local Agency Agreement Supplement to break out the estimated Consultant expenditures from the estimated Agency expenditures. This revision of the original Agreement is required in order to request reimbursement of Consultant expenditures. Additionally, JCPW was awarded funding through the state WSDOT Connecting Communities Pilot Program for this project on March 25, 2024. The total grant amount is $260,000.00, of which $218,800.00 will be authorized for the PE phase per this supplemental agreement. The remaining $42,000 for the ROW phase will be authorized via another supplemental agreement at a later date. This project is part of a comprehensive plan to establish pedestrian and bicycle connectivity in the Chimacum/Hadlock area. Execution of this supplemental agreement will provide for use of consultants to survey, design, obtain environmental permitting, and prepare construction bid documents. Fiscal Impact/Cost Benefit Analysis: The estimated total TAP project funds for the PE phase is $175,830.00 and the estimated total CCPP project funds for the PE phase is $218,000.00 for a total of $394,630.00. This project has a funding ratio of 86.5% from TAP funds and 13.5% from the County Road Fund and a funding ratio of 100% for the CCPP funds. This supplemental agreement will shift $89,980.00 of the TAP funds from the Agency expenditures line on the agreement to a new Consultant expenditures line, and retains $80,850.00 on the Agency expenditures line. Department of Public Works O Consent Agenda Page 2 of 2 Recommendation: The Board is requested to sign one original of the Local Agency Agreement Supplement No. 1 and return them to Public Works. A fully executed copy will be returned to the Board after it is executed by WSDOT. Department Contact: John Wayand, P.E., Project Manager, 385-9256. Reviewed Mark McCaule ounty Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTI:1ACE WITH: Washmgton State Deparimert et Transportation Contract No: PW2024-077 Contract For: Local Agency Agreement Supplement No 1/Project 1802095 Term: December 31,2026 COUNTY DEPARTMENT: Pubic Works Contact Person: Chrie sped,ed.208,John Wayand,tact.256 Contact Phone: Chris 360-385-9208,John 385.9377 Contact email: CSpait®cajeKerao',.wa.us.jwayand@.enerson.wa.us AMOUNT: 6175.830+9218,000.00=8394,830.00 PROCESS: — Exempt from Bid Process Supplemental Revenue: TAP(86.5%),CCPP(100%) _ Cooperative Purchase Agreement No. 1 Expenditure: 18059500.410000 Competitive Sealed Bid Matching Funds Required: Yes(13.5%).No(0%) _ Small Works Roster Sources(s) of Matching Funds J.C.Road Fund —Vendor List Bid Fund# ,ao RFP or RFQ Munis Org/Obj 18033320.33313' If Other: (modify existing agreement) APPROVAL STEPS: STEP 1:DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: ❑ N/A:a Si attire Dale 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 � Sig turc Date STEP 3:RISK MANAGEMENT REVIEW (will be added electronically through Lasertiche): Electronically approved by Risk Management on 7/3/2024. State agreement. Cannot change. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through I.asertiche): Electronically approved as to form by PAO on 7/4/2024. f State 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 1