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HomeMy WebLinkAboutAgreements/Contracts - Public Works/5 GMNT COUNTY 0 COMMISSIONERS AGENDA. MEETING REQUEST FORM, (Must. be submitted to the Clerk. Hof Board by 12 010 1 pm . on Thursday), 0' REQUESTING. DEPARTMENT: PUBLIC WORKS 8/29/24 DATE: S - REQUEST SUBMITTED BY: SHILONELLI4 PHONE, 50.9 75 �6082 CONTACT PERSON ATTENDING ROUNDTABLE. DAV E BREN CONFIDENTIAL INFORMATION- OYES ENO WAgreement Contract DAP Vouchers ElAppointment l Reappointment MARPA Related M Bids /'RFPs I'Quotles 'Award MBid Opening Scheduled' E]Boards I Comm ittees D.Budget ElComputer Related OCounty Code E]Emergency Purchase FlEmployee R D.Facilitips Related ElFinanciad L]Funds CHearing E].I nvoicO f Purchasb:Ofders El G ra nts — Fed/State/County Lea se's DMOA MOU Mminutes 00'rdinances MO'ut of State Travel D Petty'Cash F.Policies F-10roclarnations EIRequest for 'Purchase tlResoldtion FRecommendation EIP,rofessional Sery/Contultant ElSqpport 'Letter F�Surplul$ Req. 0Ta'X:1e_Vie_s ElThank Y "ou'..s . E]Tax'.Title ;Property y OWSLCB ue id 19L9;LCMx1C1:49191]3 LOCAL AGENCY AGREEMENT SUPPLEMENT NUMBER 1 WEST81­11' RE. DRIVE OVERLAY SIDEWALK FAIRWAY DRIVE TO-,.-25 MILES SOUTH:0F 4-NE,TOTAL PROJECT ' COST $3,1.51,445.00, COMPLETION DATE DECEMBER 31 ST 2028 If . necessary, was this document reviewed by accoun ting? 0 NO. k N/A1 If necessary, ,was. this. document reviewed by .-legal? YES _171 NO 171. N/A % DATE OF ACTI 0 N:: APPROVE: DENIED ABSTAIN 9 D1:1 D2: D& 4/23/24 DEFERRED OR CONTINUED TO: Adw WrWashington State AODepartment of Transportation Local Agency Agreement Supplement %gency Supplement Number Grant County Public Works 1 =ederal Aid Project Number Agreement Number CFDA No. 20.205 - Highway Planning HIPUS-6069(001) LA10138 and Construction Hu provisions in the Dasic agreement remain in ettect 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 Westshore Drive Overlay/Sidewalk Length 2.12 Termini Fairway Drive to 0.25 Miles South of 4-NE Description of Work ✓ No Change Reason for Supplement CN Authorization Are you claiming indirect cost rate? Yes vt No Project Agreement End Date December 31, 2028 ArlvArticAmAnt nnta Ontnhar 1 gn9A Estimate of Funding Type of Work YP (1) 2 () (3) (4) (5) Previous Supplement Estimated Total Estimated Agency g Y Estimated Federal Agreement/Suppl. Project Funds Funds Funds PE 86.5 a. Agency HIP 142,871.00 142,871.00 1%288.00 123,583.00 b. Other Agency (other Funds) 49129.00 41129.00 41129.00 Federal Aid Participation c. Other 0.00 Ratio for PE d. State Services HIP 35000.00 3 000.00 405. 00 2,595.00 e. Total PE Cost Estimate a+b+c+d 150,000.00 0.00 1501000.00 23,822.00 126,178.00 Right of Way f. Agency 0.00 . Other 0.00 Federal Aid h. Other 0.00 Participation Ratio for RW i. State Services 0.00 ■. Total RM Cost Estimate f+ +h+i 0.00 0.00 0.00 0.00 0.00 Construction % k. Contract STBG 29698,850.00 25698,850.00 3645345.00 2 334 505.00 ' 86.5 (.Other Contract (other funds) 2155595.00 215,595.00 2155195.00 m■Other 0.00 Federal Aid Participation n. Other 0.00 Ratio for CN o. A enc STBG 82 000.00 82 000.00 11 ,070.00 70,930.00 . State Services STBG 5,000.00 500.00 675.00 4,325.00 . Total CN Cost Estimate k+l+m+n+o+ 0.00 31001,445.00 35001,445.00 591,285.00 2,409,760.00 r. Total Project Cost Estimate e+i 1505000.00 350015445.00 3,151,445.00 6155107.00 25535,938.00 It; wUCI IUY IUI Li ici L1PU1dLc5 U IdL Pursuant to Sala I me Lo, reguiations anci policies and procedures, and as a Q dition to payme t oft ederal funds obligated, it accepts and will comply with the applicable provisions. rAgehic Off ial Washington State Department of Transportation A, y I., By ind ��er Chair Title. Y Director, Local Program Agency Date 1 Date Executed q-3 - 2-'-( DOT Form 140-041 Page 1 Revised 04/2022 Agency Supplement Number Grant County Public Works 1 Federal Aid Project Number Agreement Number CFDA No. 20.205 - Highway Planning HIPUS-6069(001) IS AV w LA10138 and Construction V1. 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 RE: Local Agency Agreement Supplement Review - Public Works Rebekah M. Kaylor <rmkay1or@grantcountywa.gov> Thu 8/29/2024 11:52 AM TaCaitlin E. Manell <cemane11@grantcountywa.gov> CcDave Bren <dbren@grantcountywa.gov> I am fine with this. Regards, Rebekah Kaylor Chief Deputy Prosecuting Attorney (Civil/Appellate) Grant County Prosecuting Attorney's Office PO Box 37 Ephrata, WA 98823 Phone: 509.754.2011 x3950 Fax: 509-754.6574 rmkaviorC@grantcount,ywa.gov The contents of this e-mail message, including any attachments, are intended solely for the use of the person or entity to whom the e-mail was addressed. It contains information that may be protected by attorney -client privilege, work -product, or other privileges, and may be restricted from disclosure by applicable state and federal law. If you are not the intended recipient of this message, be advised that any dissemination, distribution, or use of the contents of this message is strictly prohibited. If you received this message in error, please contact the sender by reply e-mail. Please also permanently delete all copies of the original e-mail and any attached documentation. Please be advised that any reply to this e-mail may be considered a public record and be subject to disclosure upon request. From: Caitlin E. Manell <cemanell@grantcountywa.gov> Sent: Thursday, August 29,.2024 11:46 AM To: Rebekah M. Kaylor <rmkaylor@grantcountywa.gov> Cc: Dave Bren <dbren@grantcountywa.gov> Subject: Local Agency Agreement Supplement Review - Public Works Hello Rebekah! I know you're busy, but Dave Bren has a LAA Supplement that might need review. He said he would give you a call. I have it attached to this email, if you could look it over. I Thank you so much! Caitlin Manell Deputy Clerk of the Board I Grant County Commissioners Office PO Box 37 3 5 C Street NW Ephrata, WA 98823