HomeMy WebLinkAboutCONSENT PW Interlocal AgreementDepartment 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, PE, Public Works Director/County Engineer �,V
Agenda Date: April 28, 2025
Subject: Interlocal Agreement between Jefferson County and the City of
Port Townsend for FHWA Safe Streets for All joint grant award.
Statement of Issue:
This Interlocal Agreement is intended to lay out the roles and responsibilities for the
jointly awarded Federal Highways Administration (FHWA) Safe Streets For All (SS4A)
grant between the City of Port Townsend and Jefferson County.
Analysis/Strategic Goals/Pros Et Cons:
The City and County were jointly awarded a SS4A planning grant for the development
of coordinated comprehensive safety action plans for each agency, with the City
agreeing to be the lead agency. These plans are a prerequisite for future FHWA SS4A
implementation (construction) grants. This coordinated effort was advanced
particularly in consideration of the SR20/Mill Road/Discovery Road intersection(s).
Fiscal Im act/Cost-Benefit Anal sis:
The City and County desire to work in partnership for efficiency in grant
administration. The County shall pay for grant match consistent with the grant
agreement in the amount of $20,500.
Recommendation:
Sign the attached Interlocal Agreement and return to Public Works. A fully executed
version will be returned to the BoCC.
Department Contact: Eric Kuzma, 360-385-9167
Revi ewed B :
Mark McCain County Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH' City of Port Townsend Contract No: �� 'V4�5 �3g
Contract For: Interl-ocal Agreement for FHWA SS4A Grant Term: until terminated
COUNTY DEPARTMENT: Public warke
Contact Person: Eric Kuzma
Contact Phone: 360-365-9167
Contact email' ekuzma@co.Jatterson wa us
AMOUNT: N/A PROCESS: Exempt from Bid Process
Revenue: N/A Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund # RFP or RFQ
Munis Org/Obj ✓ Other: ILA
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ❑ N/A: ❑� Eric Kuzma
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.�f_�.
Eric Kuzma"`�`,"�'"'"'"��
00.Nrw[rv, W.`Ilad W we Wu.',
CERTIFIED: N/A: "•' '--• Pr �1p i ixr fro.•
Signature
Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 4/16/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfche):
lectronically approved as to form by PAO on 4/16/2025.
IA with City of PT for roles and responsibilities related to grant.
Standard language included.
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
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Department of Public Works
1
?� Jefferson County, Washington
'�''►r�xt;tt�.
City of Port Townsend
Attn: Laura Parsons
250 Madison street, Suite 211
Port Townsend, WA 98368
Subject: Multijurisdictional 2023 SS4A Action Plan Grant Application
Dear Ms. Parsons,
623 Sheridan Street
Port Townsend, WA98368
360-385-9160
June 28, 2023
This letter is intended to document that Jefferson County concurs with having the City of Port Townsend
act as the lead applicant for a 2023 Safe Streets for All (SS4A) Planning and Demonstration Grant
application with the County as a joint applicant. In an effort to reduce duplicative SS4A applications,
Jefferson County and the City of Port Townsend are submitting one application consistent with the
guidance provided in the 2023 SS4A Notice of Funding Opportunity. If awarded, the City will act as the
lead agency for the grant.
This letter is also intended to document Jefferson County's concurrence with the structure of the grant
application that will request funds for the completion of two coordinated S54A Action Plans, one for
Jefferson County and one for the City of Port Townsend. The City's Plan will cover all roadways within
the Port Townsend city limits, including State Routes. The County's Plan will address all County Roads
and State Routes beyond the City of Port Townsend city limits.
This approach is intended to make both agencies eligible for future Bipartisan Infrastructure Law SS4A
Implementation Grant opportunities in the pursuit of reducing roadway and street -related injuries and
fatalities. The City and County have coordinated this non -duplicative effort and are committed to
cooperating where appropriate.
Sincerely,
Eric Kuzma
Asst. Public Works Director
Jefferson County Public Works
INTERLOCAL AGREEMENT
RE: SAFE STREETS FOR ALL GRANT JOINT APPLICATION
Between
Jefferson County
and the
City of Port Townsend
This Interlocal Agreement is intended to lay out the roles and responsibilities for the jointly
awarded Safe Streets For All (SS4A) Federal Grant between the City of Port Townsend (City) and
Jefferson County (County).
WHEREAS, the City and County jointly applied for a SS4A planning grant, and
WHEREAS, the grant pays for the development of comprehensive safety action plans for
each, the City and County, and
WHEREAS, the City and County each committed match funding for the grant, and
WHEREAS, the City agreed to be the lead agency including grant administration, hiring
a consultant, and grant compliance, and
WHEREAS, the successful completion of the grant requirements are a pathway to future
transportation related funding, and
WHEREAS, the City and County desire to work in partnership for efficiency in grant
administration and successfully complying with the terms of the grant agreement attached hereto
as Exhibit A.
NOW, THEREFORE, based on the mutual understanding made in this Interlocal
Agreement, the parties agree:
1. Effective Date. The effective date of this Agreement is the date the last parry signs this
Agreement.
2. Project. The project is to prepare two coordinated Comprehensive Safety Action Plans that
meet all SS4A self -certification requirements. One plan will be for the City of Port
Townsend and will cover all roads within the city limits, including state routes. The other
plan will be for Jefferson County and will cover all roads and state routes in Jefferson
County outside of the City of Port Townsend city limits. The project also incorporates
coordination of safety improvement planning for the joint Gateway Project..
3. Authority. This Agreement is based upon the authority of the interlocal cooperation act,
Chapter 34.30 RCW, which authorizes local municipal corporations to enter into
agreements to assist and cooperate with each other to better serve the needs of the
municipal corporations and the local community. Each Party shall conduct its own
administration of this Agreement. The Parties do not anticipate acquiring any property as
part of this Agreement, but recognize the future work will involve property acquisition.
4. Definitions.
a. Agreement. "Agreement" means this Interlocal Agreement on the joint City/County
Safe Streets For All Grant.
b. City. "City" means the City of Port Townsend, Washington.
c. "Consultant" means engineering consultant to develop Safety Action Plans to be jointly
selected through solicitation process meeting Federal requirements.
d. County. "County" means Jefferson County, Washington.
e. Parties. "Parties" means both the City and the County.
f. Comprehensive Safety Action Plan. "Comprehensive Safety Action Plan" means a
written document that identifies a comprehensive set of both City and County projects
and strategies to address roadway safety problems. The plan proposes times ranges
when projects and strategies will be deployed, and an explanation of project
prioritization criteria. It specifically lists low-cost, high -impact strategies that can
improve safety over a wider geographic area. The plan also looks at innovative
technologies to promote safety and equity and may include proposing safety elements
to currently programmed projects.
g. SS4A. "SS4A" means Safe Streets For All as developed by the USDOT and
administered by the Federal Highways Administration (FHWA).
5. SS4A Grant Execution.
a. The City shall lead the process of complying with the terms of the grant agreement
attached hereto as Exhibit A.
b. The City shall provide the County with a completed Safety Action Plan and associated
analysis.
c. The City shall provide the County invoices that document expenditures and the
County's reimbursement amounts.
d. The City and County will work together to jointly administer the grant with the City
having the lead agency role including grant documentation and grant accounting in
accordance with the grant agreement attached hereto as Exhibit A.
e. The County shall participate and provide County data and guidance to support the
consultant's successful development of the County's Safety Action Plan.
f. The County shall provide records as required for grant documentation.
6. County Contribution. The County shall pay for grant match consistent with the grant
agreement in the amount of $20,500.
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7. Term of this Agreement.
a. This Agreement shall remain in effect (a) until the City provides the County with the
County's Action Plan; or, (b) until terminated by either Party as provided for in Section
7_c., whichever shall occur first.
b. Grant Agreement compliance. Each party shall be responsible to pay their share of any
reasonable remedy necessary for grant compliance to the satisfaction of the Federal
Highways Administration and/or any agency with audit authority.
c. Either Party may terminate this Agreement for cause, before its expiration by providing
the other Party at least 30 days prior written notice. Termination resulting in failure to
comply with the terms of the grant agreement shall be subject to section 7.b.
8. No Third -Party Beneficiaries. There are no third -party beneficiaries of this Agreement.
9. Indemnification.
a. To the fullest extent allowed by law, the City will be solely and entirely responsible for
its acts/omissions and for the acts/omissions of its agents, employees, servants, or
representatives. To the fullest extent allowed by law, the County will be solely and
entirely responsible for its acts/omissions and for the acts/omissions of its agents,
employees, servants or representatives.
b. Each Party agrees to defend and indemnify the other Party and its officers, officials,
employees, agents and volunteers (and their marital communities)rom and against all
claims, losses, damages, suits and expenses, including reasonable attorneys' fees and
costs, to the extent they arise out of the negligence or willful misconduct of the
indemnitor or its officers, officials, employees, agents and volunteers (and their marital
communities) to perform this Agreement. The indemnitor's duty to defend and
indemnify extends to claims by the elected or appointed officials, officers, employees
or agents of the indemnitor or of any contractor or subcontractor of indemnitor. The
indemnitor waives its immunity under Title 51 (Industrial Insurance) of the Revised
Code of Washington solely for the purposes of this provision and acknowledges that
this waiver was mutually negotiated.
In executing this Agreement, the County does not assume liability or responsibility for
or in any way release the City from any liability or responsibility that arises in whole
or in part from unenforceability or invalidity of City ordinances, rules or regulations.
If any cause, claim, suit, action or administrative proceeding is commenced in which
the enforceability and/or validity of any such City ordinance, rule or regulation is at
issue, the City shall defend the same at its sole expense and if judgment is entered or
damages are awarded on account of the unenforceability or invalidity of such City
ordinance against the City, the County, or both, the City shall satisfy the same,
including all chargeable costs and attorney's fees.
d. This provision shall survive the termination of this Agreement.
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10. Non -Payment and Other Defaults. If any default occurs, upon thirty (30) days written
notice by the City to the County regarding failure to make any payment required, and in
the event same shall not be cured within sixty (60) days, then the City shall be entitled,
without further notice or demand, to give notice of termination in Section 7.c. including
any other remedy granted at law or in equity.
11. Disputes. Disputes shall be referred to the County Administrator and the City Manager for
settlement. If disputes are not resolved by the Parties within thirty (30) days of the referral,
unless the Parties agree to an extension of time, the dispute shall be referred to an arbitrator
mutually agreed upon by the City and County. Or if they cannot agree to an arbitrator, the
Parties may apply to the presiding judge of the Jefferson County Superior Court to appoint
an arbitrator. The arbitrator's decision shall be final and binding on both Parties; provided
however, an arbitrator's decision may be appealed to Superior Court if it is based on an
error of law, is arbitrary and capricious, is not founded on substantial facts or exceeds the
authority of the arbitrator. Each Parry shall pay one-half of the arbitrator's fee. If mutual
written consent to apply to appoint an arbitrator is not reached, either Parry may seek court
action to decide the disputed contract provision.
12. Notice. Any notice required to be given by either Party to the other shall be deposited in
the United States mail, postage prepaid, addressed:
To the County at:
Jefferson County Administrator
P.O. Box 1220
Port Townsend, WA 98368
To the City at:
City Manager
250 Madison Street
Port Townsend, WA 98368
Or, at such other address as either Party may designate to the other in writing from time to
time.
All notices to be given with respect to this Agreement shall be in writing. Every notice
shall be deemed to have been given at the time it shall be deposited in the United States
mails in the manner prescribed. Nothing in this section shall be construed to preclude
personal service of any notice in the manner prescribed for personal service of a summons
or other legal process.
13. Entire Agreement. This Agreement constitutes the entire Agreement of the Parties and
supersedes all prior agreements, contracts, and understanding, written or oral. The Parties
agree there are no other understandings, oral or otherwise, regarding the subject matter of
this Agreement. Any previous agreements, understandings oral or otherwise, are revoked.
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14. Headings. The headings of the sections of this Agreement are for convenience of reference
only and do not restrict, affect, or be of any weight in the interpretation or construction of
the sections or this Agreement.
15. Construction of Agreement. The Parties negotiated this Agreement at arms -length, with
the assistance and advice of competent, independent legal counsel. If a dispute arises
between the Parties as to the meaning of terms, phrases or specific provisions of this
Agreement, the authorship of this Agreement shall not be cause for this Agreement to be
construed against any Party nor for any Parry.
16. Execution. This Agreement is executed by each Party acting with authority granted, where
required, by its governing body. This Agreement may be executed in counterpart originals.
A copy of each such executed counterpart original shall be delivered to each Parry upon
that Party's execution of a counterpart original.
17. Administration. This Agreement will be administered by the City. This Agreement does
not create any separate legal or administrative entity. However, nothing in this Agreement
is intended to prevent or otherwise interfere with discussions or decisions that may be made
by the Parties during the Annual Review. Further, the Parties understand and agree there
will be communication between the Parties to effectuate the terms of this Agreement.
18. No Joint Budget. This Agreement does not contemplate a joint budget.
19. Property Acquisition and Disposition. This Agreement does not contemplate the joint
acquisition of property by the Parties. At termination, each Party will remain the sole owner
of its own property.
20. Applicable Law and Venue. The Parties signed this Agreement in the State of
Washington. The laws of the United States, the State of Washington, and the County of
Jefferson govern this Agreement, as if applied to transactions agreed upon 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. The venue for any court action
will be in Kitsap County Superior Court.
21. Nondiscrimination.
a. The Parties agree not to discriminate against any employee or applicant for
employment or any other to perform this Agreement because of age, sex, marital status,
sexual orientation, race, 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 dog guide or service animal by a person with a disability as required by
law, or other circumstance prohibited by federal, state, or local law or ordinance, except
for a bona fide occupational qualification.
b. The Parties shall comply with all federal, state, or local laws, ordinances, rules, or
regulations regarding nondiscrimination and equal employment opportunity applicable
to the work to be done under this Agreement.
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c. Violation of this section shall be a material breach of this Agreement and grounds for
cancellation, termination or suspension, in whole or in part.
22. Waivers. Failure to insist upon strict compliance with any terms, covenants or conditions
of this Agreement shall not be deemed a waiver of such, nor shall any waiver or
relinquishment of such right or power be taken to be a waiver of any other breach.
23. Records Retention. The Parties shall keep and maintain all records required by law in
connection with the performance of this Agreement.
24. Public Records Requests. The County shall be responsible for timely and adequately
responding to requests for records addressed to it under the Public Records Act. The City
shall be responsible for timely and adequately responding to requests for records addressed
to it under the Public Records Act.
25. Challenges. The entry into this Agreement shall not be construed to be a waiver or
abandonment of any defense or claim either party may have against the other
notwithstanding the entry into this Agreement.
26. Mutual Objectives. Each Party agrees to aid and assist the other in carrying out the
objectives of this Agreement.
27. Authority. Each person who signed this Agreement acted with authority granted, where
required, by a governing body of a party.
28. Filing with the County Auditor. Within 10 days of the effective date, the County shall
file this Agreement with the Jefferson County Auditor.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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JEFFERSON COUNTY WASHINGTON
Board of County Commissioners
Jefferson County, Washington
Bv:
Heidi Eisenhour, Chair
Date
By:
Heather Dudley-Nollette, Commissioner Date
By:
Greg Brotherton, Commissioner Date
SEAL:
ATTEST:
Carolyn Galloway
Clerk of the Board
Date
Approved as tq, form only:
2-10— for 04/16/2025
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
CITY OF PORT TOWNSEND
Bv:
John Mauro, City Manager Date
Exhibit A
SS4A Grant Agreement between the City and Federal Highways Administration
1. Federal Award No.
693JJ32540284
4. Award To
City of Port Townsend
250 Madison Street, Suite 2R
Port Townsend, WA 98368
Unique Entity Id.: DBHSWAXBRWU5
TIN No.: 91-6001267
6. Period of Performance
24 months from effective date of award.
8. Type of Agreement
Grant
10. Procurement Request No.
HSA240197PR
12. Submit Payment Requests To
See Article 5
2. Effective 3. Assistance Listings No.
Date 20.939
See No. 16
Below
5. Sponsoring Office
U.S. Department of Transportation
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue, SE
HSSA-1, Mail Drop E71-117
Washington, DC 20590
7. Total Amount
Federal Share: $164,000
Recipient Share: $61,500
Other Federal Funds: $0
Other Funds: $0
Total: $225,500
9. Authority
Section 24112 of the Infrastructure Investment
and Jobs Act (Pub. L. 117-58, November 15,
2021; also referred to as the "Bipartisan
Infrastructure Law" or `BIL")
11. Federal Funds Obligated
$164,000
13. Accounting and Appropriations Data
15X0173E50.0000.055 SR10500.5592000000.410
10.61006600
14. Description of the Project
SS4A Action Plans for City of Port Townsend and Jefferson County
RECIPIENT
15. Signature of Person Authorized to Sign
1.3.25
lgnature Date
Name: John Mauro
Title: City Manager
FEDERAL HIGHWAY ADMINISTRATION
16. Signature of Agreement Officer
Digitally signed by RYAN JOSEPH
RYAN JOSEPH BUCK Buck
Date: 2025.01.1416:53:10-05'00'
Signature Date
Name: Ryan Buck
Title: Agreement Officer
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U.S. DEPARTMENT OF TRANSPORTATION
GRANT AGREEMENT UNDER THE
FISCAL YEAR 2023 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM
This agreement is between the United States Department of Transportation's (the "USDOT")
Federal Highway Administration (the "FHWA") and the City of Port Townsend (the
"Recipient").
This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All
("SS4A") Grant for the SS4A Action Plans for City of Port Townsend and Jefferson County.
The parties therefore agree to the following:
ARTICLE 1
GENERAL TERMS AND CONDITIONS
1.1 General Terms and Conditions.
(a) In this agreement, "General Terms and Conditions" means the content of the document
titled "General Terms and Conditions Under the Fiscal Year 2023 Safe Streets and Roads
for All ("SS4A") Grant Program,", which is available at
https:llwww.transportation.govlgrants/ss4a/arant-agreements under "Fiscal Year 2023."
Articles 7-30 are in the General Terms and Conditions. The General Terms and
Conditions are part of this agreement.
(b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions.
Recipient also states that it is required to comply with all applicable Federal laws and
regulations including, but not limited to, the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National
Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy
America Act (BIL, div. G §§ 70901-27).
(c) The Recipient acknowledges that the General Terms and Conditions impose obligations
on the Recipient and that the Recipient's non-compliance with the General Terms and
Conditions may result in remedial action, termination of the SS4A Grant, disallowing
costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A
Grant, and reporting the non-compliance in the Federal -government -wide integrity and
performance system.
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ARTICLE 2
APPLICATION, PROJECT, AND AWARD
2.1 Application.
Application Title: SS4A Action Plans for City of Port Townsend and Jefferson
County
Application Date: June 30, 2023
2.2 Award Amount.
SS4A Grant Amount: $164,000
2.3 Federal Obligation Information.
Federal Obligation Type: Single
Budget Period: See Block 6 of Page 1
2.4 Grant Designation.
Designation: Planning
ARTICLE 3
SUMMARY PROJECT INFORMATION
2.5 Summary of Project's Statement of Work.
The project will be completed in one phase as follows:
The work will prepare two coordinated Comprehensive Safety Action Plans that meet all
SS4A self -certification requirements. One plan will be for the City of Port Townsend
and will cover all roads within the city limits, including state routes. The other plan will
be for Jefferson County and will cover all roads and state routes in Jefferson County
outside of the City of Port Townsend city limits. The scope of work for each plan will
include work in the following six areas:
• Public Institutional Commitment and Oversight
o Systemic Transportation Network Crash and Roadway Risks/Needs Analysis
• Public Engagement and Equity Impact Assessment
• Policy/Plan/Procedure/Standards Assessment
• Action Plan Development
• Project Management
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2.6 Project's Estimated Schedule.
Action Plan Schedule
Milestone
Schedule Date
NEPA Completion Date:
May 29, 2024
Planned Draft Plan Completion Date:
June 15, 2026
Planned Final Plan Completion Date:
August 15, 2026
Planned Final Plan Adoption Date:
September 15, 2026
Planned SS4A Final Report Date:
September 15, 2026
2.7 Project's Estimated Costs.
(a) Eligible Project Costs
Eligible Project Costs
SS4A Grant Amount: $ l 64,000
Other Federal Funds: $0
State Funds: $0
Local Funds: $61,500
In -Kind Match: $0
Other Funds: $0
Total Eligible Project Cost: $225,500
(b) Indirect Costs
Indirect costs are allowable under this Agreement in accordance with 2 CFR part 200 and
the Recipient's approved Budget Application. In the event the Recipient's indirect cost
rate changes, the Recipient will notify FHWA of the planned adjustment and provide
supporting documentation for such adjustment. This Indirect Cost provision does not
operate to waive the limitations on Federal funding provided in this document. The
Recipient's indirect costs are allowable only insofar as they do not cause the Recipient to
exceed the total obligated funding.
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ARTICLE 3
RECIPIENT INFORMATION
3.1 Recipient Contact(s).
John Mauro
City Manager
City of Port Townsend
250 Madison Street
360-379-5043
jmauro@cityofpt.us
3.2 Recipient Key Personnel.
Name Title or Position
Steve King, P.E. I Director of Public Works
City of Port Townsend
Laura Parsons, P.E. I Civil Engineer III
City of Port Townsend
Eric Kuzma Asst. Public Works Director /
Engineering Services Manager
Jefferson County
3.3 USDOT Project Contact(s).
Safe Streets and Roads for All Program Manager
Federal Highway Administration
Office of Safety
HSSA-1, Mail Stop: E71-117
1200 New Jersey Avenue, S.E.
Washington, DC 20590
202-366-2822
SS4A.FHWACcDdot.goy
and
Agreement Officer (AO)
Federal Highway Administration
Office of Acquisition and Grants Management
HCFA-33, Mail Stop E62-310
1200 New Jersey Avenue, S.E.
Washington, DC 20590
202-493-2402
HCFASS4A(@dot.gov
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and
Division Administrator — Washington
Agreement Officer's Representative (AOR)
711 Capital Way S. Suite 501
Olympia, WA 98501
(360)753-9480
hdawaQ,dot;gov
and
Joel Barnett
Washington Division Office Lead Point of Contact
Division Safety and Design Engineer
Washington Division
711 Capitol Way S. Suite 501
Olympia, WA 98501
(360)534-9323
Joel. B am ett(�edot.gov
ARTICLE 5
USDOT ADMINISTRATIVE INFORMATION
5.1 Office for Subaward and Contract Authorization.
USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition
and Grants Management
SUBAWARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of
Subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract).
Note: Recipients with a procurement system deemed approved and accepted by the
Government or by the Agreement Officer (the "AO") are exempt from the requirements of
this clause. See 2 CFR 200.317 through 200.327. Note: This clause is only applicable to
grants that do not include construction.
In accordance with 2 CFR 200.308(f)(6), the recipient or subrecipient shall obtain prior
written approval from the USDOT agreement officer for the subaward, if the subaward
activities were not proposed in the application or approved in the Federal award. This
provision is in accordance with 2 CFR 200.308(f)(6) and does not apply to procurement
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transactions for goods and services. Approval will be issued through written notification
from the AO or a formal amendment to the Agreement.
The following subawards and contracts are currently approved under the Agreement by the
AO. This list does not include supplies, material, equipment, or general support services
which are exempt from the pre -approval requirements of this clause.
5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred within the budget period
of this agreement if those costs do not exceed the amount of funds obligated and are
allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The
Recipient shall not request reimbursement more frequently than monthly.
(b) The Recipient shall use the DELPHI iSupplier System to submit requests for
reimbursement to the payment office. When requesting reimbursement of costs
incurred or credit for cost share incurred, the Recipient shall electronically submit
supporting cost detail with the SF-270 (Request for Advance or Reimbursement) or
SF-271 (Outlay Report and Request for Reimbursement for Construction Programs) to
clearly document all costs incurred.
(c) The Recipient's supporting cost detail shall include a detailed breakout of all costs
incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the
Recipient shall identify the Federal share and the Recipient's share of costs. If the
Recipient does not provide sufficient detail in a request for reimbursement, the
Agreement Officer's Representative (the "AOR") may withhold processing that
request until the Recipient provides sufficient detail.
(d) The USDOT shall not reimburse costs unless the AOR reviews and approves the costs
to ensure that progress on this agreement is sufficient to substantiate payment.
(e) In the rare instance the Recipient is unable to receive electronic funds transfers (EFT),
payment by EFT would impose a hardship on the Recipient because of their inability
to manage an account at a financial institution, and/or the Recipient is unable to use the
DELPHI iSupplier System to submit their requests for disbursement, the FHWA may
waive the requirement that the Recipient use the DELPHI iSupplier System. The
Recipient shall contact the Division Office Lead Point of Contact for instructions on
and requirements related to pursuing a waiver.
(f) The requirements set forth in these terms and conditions supersede previous financial
invoicing requirements for Recipients.
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ARTICLE 6
SPECIAL GRANT TERMS
6.1 SS4A funds must be expended within five years after the grant agreement is
executed and DOT obligates the funds, which is the budget period end date in
section 10.3 of the Terms and Conditions and section 2.4 in this agreement.
6.2. The Recipient demonstrates compliance with civil rights obligations and
nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the
Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and
accompanying regulations. Recipients of Federal transportation funding will also be
required to comply fully with regulations and guidance for the ADA, Title VI of the
Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other
civil rights requirements.
6.3 SS4A Funds will be allocated to the Recipient and made available to the Recipient
in accordance with FHWA procedures.
6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the
Action Plan will be made publicly available and agrees that it will publish the final
Action Plan on a publicly available website.
6.5 There are no other special grant requirements.
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ATTACHMENT A
PERFORMANCE MEASUREMENT INFORMATION
Study Area: City Limits, City of Port Townsend, County Wide Jefferson County
Table 1: Performance Measure Table
Measurement
Frequency and
Measure
Category and Description
Reporting
Deadline
Percent of Funds to Underserved
Within 120 days
Equity
Communities: Funding amount (of total
after the end of the
project amount) benefitting underserved
period of
communities, as defined by USDOT
performance
Within 120 days
Costs
Project Costs: Quantification of the cost
after the end of the
of each eligible project carried out using
period of
the grant
performance
Lessons Learned and
Lessons Learned and Recommendations:
Within 120 days
Recommendations
Description of lessons learned and any
after the end of the
recommendations relating to future
period of
projects or strategies to prevent death and
performance
serious injury on roads and streets.
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ATTACHMENT B
CHANGES FROM APPLICATION
Describe all material differences between the scope, schedule, and budget described in the
application and the scope, schedule, and budget described in Article 3. The purpose of
Attachment B is to clearly and accurately document any differences in scope, schedule, and
budget to establish the parties' knowledge and acceptance of those differences. See Article 11 for
the Statement of Work, Schedule, and Budget Changes. If there are no changes, please insert
"N/A" in Section 3.3 of the table.
Scope: No Change to the Scope since the application.
Schedule: The dates in this agreement have been changed from the dates in our application
based on information obtained since we completed our application.
Budget: No Change to Budget
The table below provides a summary comparison of the project budget.
Fund Source
Previously Incurred Costs
(Non -Eligible Project Costs)
Application
$ %
Section 3.3
$ %
N/A
Federal Funds
N/A
Non -Federal Funds
N/A
Total Previously Incurred Costs
N/A
Future Eligible Project Costs
N/A
SS4AFunds
N/A
Other Federal Funds
N/A
Non -Federal Funds
N/A
Total Future Eligible Project
Costs
N/A
Total Project Costs
N/A
N/A
N/A
N/A
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ATTACHMENT C
RACIAL EQUITY AND BARRIERS TO OPPORTUNITY
1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.
The Recipient states that rows marked with "X" in the following table align with the
application:
A racial equity impact analysis has been completed for the Project. (Identify a
report on that analysis or, if no report was produced, describe the analysis and
its results in the supporting narrative below)
The Recipient or a project partner has adopted an equity and inclusion
program/plan or has otherwise instituted equity -focused policies related to
project procurement, material sourcing, construction, inspection, hiring, or
other activities designed to ensure racial equity in the overall delivery and
implementation of the Project. (Identify the relevant programs, plans, or
policies in the supporting narrative below)
The Project includes physical -barrier -mitigating land bridges, caps, lids, linear
parks, and multimodal mobility investments that either redress past barriers to
opportunity or that proactively create new connections and opportunities for
underserved communities that are underserved by transportation. (Identify the
relevant investments in the supporting narrative below)
The Project includes new or improved walking, biking, and rolling access for
individuals with disabilities, especially access that reverses the disproportional
impacts of crashes on people of color and mitigates neighborhood bifurcation.
(Identify the new or improved access in the supporting narrative below)
The Project includes new or improved freight access to underserved
communities to increase access to goods and job opportunities for those
underserved communities. (Identify the new or improved access in the
supporting narrative below)
The Recipient has taken other actions related to the Project to improve racial
equity and reduce barriers to opportunity, as described in the supporting
narrative below.
The Recipient has not yet taken actions related to the Project to improve racial
X
equity and reduce barriers to opportunity but intends to take relevant actions
described in the supporting narrative below.
The Recipient has not taken actions related to the Project to improve racial
equity and reduce barriers to opportunity and will not take those actions under
this award.
2. Supporting Narrative.
The project will include reviewing and identifying initiatives and projects to support
underserved citizens in the City.
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ATTACHMENT D
CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS
Consideration of Climate Change and Environmental Justice Impacts.
The Recipient states that rows marked with "X" in the following table align with the
application:
The Project directly supports a Local/Regional/State Climate Action Plan that
results in lower greenhouse gas emissions. (Identify the plan in the supporting
narrative below)
The Project directly supports a Local/Regional/State Equitable Development
Plan that results in lower greenhouse gas emissions. (Identify the plan in the
supporting narrative below)
The Project directly supports a Local/Regional/State Energy Baseline Study
that results in lower greenhouse gas emissions. (Identify the plan in the
supporting narrative below)
The Recipient or a project partner used environmental justice tools, such as the
EJScreen, to minimize adverse impacts of the Project on environmental justice
communities. (IdentiIfy the tool(s) in the supporting narrative below)
The Project supports a modal shift in freight or passenger movement to reduce
emissions or reduce induced travel demand. (Describe that shift in the
supporting narrative below)
The Project utilizes demand management strategies to reduce congestion,
induced travel demand, and greenhouse gas emissions. (Describe those
strategies in the supporting narrative below)
The Project incorporates electrification infrastructure, zero -emission vehicle
infrastructure, or both. (Describe the incorporated infrastructure in the
supporting narrative below)
The Project supports the installation of electric vehicle charging stations.
(Describe that support in the supporting narrative below)
The Project promotes energy efficiency. (Describe how in the supporting
narrative below)
The Project serves the renewable energy supply chain. (Describe how in the
supporting narrative below)
The Project improves disaster preparedness and resiliency (Describe how in the
supporting narrative below)
The Project avoids adverse environmental impacts to air or water quality,
wetlands, and endangered species, such as through reduction in Clean Air Act
criteria pollutants and greenhouse gases, improved stormwater management, or
improved habitat connectivity. (Describe how in the supporting narrative
below.)
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The Project repairs existing dilapidated or idle infrastructure that is currently
causing environmental harm. (Describe that infrastructure in the supporting
narrative below)
The Project supports or incorporates the construction of energy- and location -
efficient buildings. (Describe how in the supporting narrative below)
The Project includes recycling of materials, use of materials known to reduce
or reverse carbon emissions, or both. (Describe the materials in the supporting
narrative below)
The Recipient has taken other actions to consider climate change and
environmental justice impacts of the Project, as described in the supporting
narrative below.
The Recipient has not yet taken actions to consider climate change and
X
environmental justice impacts of the Project but will take relevant actions
described in the supporting narrative below.
The Recipient has not taken actions to consider climate change and
environmental justice impacts of the Project and will not take those actions
under this award.
2. Supporting Narrative.
As part of this project, the City will identify and review climate change and
environmental justice impacts of projects recommended by the Action Plan.
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ATTACHMENT E
LABOR AND WORKFORCE
1. Efforts to Support Good -Paying Jobs and Strong Labor Standards
The Recipient states that rows marked with "X" in the following table align with the
application:
The Recipient demonstrate, to the full extent possible consistent with the law, an
effort to create good -paying jobs with the free and fair choice to join a union and
incorporation of high labor standards. (Identify the relevant agreements and
describe the scope of activities they cover in the supporting narrative below)
The Recipient or a project partner has adopted the use of local and economic
hiring preferences in the overall delivery and implementation of the Project.
(Describe the relevant provisions in the supporting narrative below)
The Recipient or a project partner has adopted the use of registered
apprenticeships in the overall delivery and implementation of the Project.
(Describe the use of registered apprenticeship in the supporting narrative
below)
The Recipient or a project partner will provide training and placement
programs for underrepresented workers in the overall delivery and
implementation of the Project. (Describe the training programs in the
supporting narrative below)
The Recipient or a project partner will support free and fair choice to join a
union in the overall delivery and implementation of the Project by investing in
workforce development services offered by labor-management training
partnerships or setting expectations for contractors to develop labor-management
training programs. (Describe the workforce development services offered by
labor-management trainingpartnerships in the supporting narrative below)
The Recipient or a project partner will provide supportive services and cash
assistance to address systemic barriers to employment to be able to participate
and thrive in training and employment, including childcare, emergency cash
assistance for items such as tools, work clothing, application fees and other
costs of apprenticeship or required pre -employment training, transportation and
travel to training and work sites, and services aimed at helping to retain
underrepresented groups like mentoring, support groups, and peer networking.
(Describe the supportive services and/or cash assistance provided to trainees
and employees in the supporting narrative below.)
The Recipient or a project partner has documented agreements or ordinances in
place to hire from certain workforce programs that serve underrepresented
groups. (Identify the relevant agreements and describe the scope of activities
they cover in the supporting narrative below.)
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The Recipient or a project partner participates in a State/Regional/Local
comprehensive plan to promote equal opportunity, including removing barriers
to hire and preventing harassment on work sites, and that plan demonstrates
action to create an inclusive environment with a commitment to equal
opportunity, including:
a. affirmative efforts to remove barriers to equal employment
opportunity above and beyond complying with Federal law;
b. proactive partnerships with the U.S. Department of Labor's Office
of Federal Contract Compliance Programs to promote compliance
with EO 11246 Equal Employment Opportunity requirements and
meet the requirements as outlined in the Notice of Funding
Opportunity to make good faith efforts to meet the goals of 6.9
percent of construction project hours being performed by women
and goals that vary based on geography for construction work hours
and for work being performed by people of color;
c. no discriminatory use of criminal background screens and
affirmative steps to recruit and include those with former justice
involvement, in accordance with the Fair Chance Act and equal
opportunity requirements;
d. efforts to prevent harassment based on race, color, religion, sex,
sexual orientation, gender identity, and national origin;
e. training on anti -harassment and third -party reporting procedures
covering employees and contractors; and
f. maintaining robust anti -retaliation measures covering employees
and contractors.
(Describe the equal opportunity plan in the supporting narrative below)
The Recipient has taken other actions related to the Project to create good -
paying jobs with the free and fair choice to join a union and incorporate strong
labor standards. (Describe those actions in the supporting narrative below)
The Recipient has not yet taken actions related to the Project to create good-
x
paying jobs with the free and fair choice to join a union and incorporate strong
labor standards but, before beginning construction of the project, will take
relevant actions described in the supporting narrative below.
The Recipient has not taken actions related to the Project to improving good -
paying jobs and strong labor standards and will not take those actions under
this award.
2. Supporting Narrative.
As part of this project, the City will identify and review options to create good -paying
jobs with the free and fair choice to join a union and incorporate strong labor standards
on projects recommended by the Action Plan.
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