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HomeMy WebLinkAboutAgreements/Contracts - Public WorksA GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: PUBLIC WORKS REQUEST SUBMITTED BY: SHILO NELLIS CONTACT PERSON ATTENDING ROUNDTABLE; SAVE BREN CONFIDENTIAL INFORMATION: DYES 0 NO DATE: 09/04/24 P„oNE: sosa5a-sosz S WAIN m Imaw MKI ®Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget g El Computer Related ❑Count Code Y ❑ Emergency Purchase ❑ Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearin 9 ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/Count Y ❑ Leases ❑ MOA / MOU ❑Minutes ❑Ordinances ❑Out of State Travel El Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑Recommendation ❑Professional Serv/Consultant ❑Support Letter ❑Sur lus Re . P q ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB w H a+ w Request to rescind Local Agency Agreement Supplement Number 1 LA10138 signed g d by Commissioners on September 3, 2024, and request for BOCC signature on corrected Local Agency Agreement Supplement Number 1, Westshore Drive Overlay Sidewalk Fairway Drive to 0.25 miles south of 4-NE. Total project cost is $3,151,445.00, with a completion date of December 31 2028. , If necessary, was this document reviewed by accounting? ❑ YES ❑ N ■ g O N/A If necessary, was this document reviewed by legal? * YES ❑ NO ❑ N/A DATE OF ACTION: /� APPROVE: DENIED ABSTAIN D1: D2: D3: DEFERRED OR CONTINUED TO: E-0-El"V E 5EP o 5 2024 4/23/24 GRAINY COUMI-Y Crx�gMlq F1 �.�. � �"� �"'x'°u`s'a'.°"T �rar.•�sxren��c.n.,..�.._.,_.._.. _ '' � i : 6.,f Adw VrWashington State Af Department of Transportation KLX-24-225 Local Agency Agreement supplement Agency Supplement Number Grant County Public Works 1 Federal Aid Project Number Agreement Number CFDA No. 20.205 -Highway Planning HIPUS-6069(001) LA10138 land 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 Westshore Drive Overlay/Sidewalk 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? FJYes v/ No Length 2.12 Project Agreement End Date December 31, 2028 ArivortiQamant nn+n Ontnhar 1 gn9A Estimate of Funding (1) 2 () (3) (4) (5) Type of Work Previous Supplement Estimated Total Estimated A Agency g Y Estimated Federal Agreement/Suppl. Pro'ect Funds Funds Funds PE a. A enc HIP 86.5 % 142,871.00 142,871.00 19,288.00 123 583.00 ' b. Other Agency (other Funds) 4,129.00 41129.00 45129.00 Federal Aid Participation c. Other 0.00 Ratio for PE Id. State Services HIP 3 000.00 31000.00 405.00 2,595.00 e. Total PE Cost Estimate a+b+c+d 150,000.00 0.00 150,000.00 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 R/W Cost Estimate f+ +h+i 0.00 0.00 0.00 0.00 0.00 Construction 86.5 % k. Contract STBG 296985850.00 2,698,850.00 364,345.00 2 334 505.00 ' (.Other Contract (other funds) 215,195.00 215,195.00 215,195.00 m. Other 0.00 Federal Aid Participation n. Other 0.00 Ratio for CN o. A enc STBG 82 000.00 8200.00 111070.00 70,930.00 P. State Services STBG 5,000.00 500.00 675.00 4,325.00 . Total CN Cost Estimate k+i+m+n+o+ 0.00 3,001,045.00 3,001,045.00 591,285.00 2,40%760.00 r. Total Project Cost Estimate e+i+ 150,000.00 3,001,045.00 3,1515045.00 615,107.00 255355938.00 lG U�ayul mg DUI LI lci aUPUIcIUCs «idL Pur5uan< w saia i itie zo, reguiations ana 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 Cindy Carter, Chap' Director, Local Program Agency Date 7 --/0 - 2 Date Executed 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) LA10138 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). Vil. 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 AdNk VAPWashin!gton State Department of Transportation Local Agency Federal Aid Project Prospectus Prefix Route --------- --- Date 09/04/20 Federal Aid24 Project Number HIPUS-STPUS 6069 001 DUNS Number 010202562 Local Agency CR-P 21-08 WSDOT Federal Employer Project Number 91-6001319 Use Only Tax ID Number Agency CAAgency Federal Program Title Grant County Public Works Yes []No 0.205 [I Other Project Title Start Latitude N 47-06-50.27 - Start Longitude W 119-20-32,9 Westshore Drive Overlay/Sidewalk End Latitude N 47-08-34.53 End Lon nude W 119-21-16.20 Project Termini From -To Nearest City Name Project Zip Code N) Fairway Drive 0.25 Miles So. of 4-NE Moses Lak7-47 0 Begin Mile Post End Mile Post Length of Project Award Type 0.83 2.95 2.12 Z Local D Local ForcesEj Stote El Railroad Route ID Begin Mile Point End Mile Point City Number County Number County Name 40950 0.83 2.95 N/A 13 Grant ---- ---- -- WSDOT Region Legislative District(s) Congressional District(s) Urban Area Number Nortb Central Region. 13 4 Phase tit s Total Local Agency- Federal Funds ------ Phase Start Esecl Cot FundIng Date ------ (Nearest Hundred Dollar) (Nearest Hundred Dollar) (Nearest Hundred Dollar Month Year P. E. 150,000 23,800 11,261,200 9/2021 R/W Const. 3,001,100 15911300 ------- 21409,800 10/2024 Total 13,151,100 1615,100 - --------- 12,536,000 Description of Existing Facility (Existing Design aid Present Condition) Roadway Width Number of Lanes 28 Feet 2 Existing road surface is showing signs of deterioration Description of Proposed Work Description of Proposed Work (Attach additional sheet(s) if necessary) This project will replace existing BST pavement with HMA surfacing, crushed surfacing base and top course, drainage, cement concrete curb gutter and sidewalk, water line and sewer adjustments, traffic control and other associated work on Westshore Drive. Local Agency Contact Person Title In Phone Bob Bersantl De sign/Cons true ti on Engineer (509)754-6082 Mailing Address City State Zip Code 124 Enterprise St. SE E rata grata W.A. 98823 By Project Prospectus I Title DOT Form 140-101 Revised 01/2022 proving Authority Previous Editions Obsolete Date Page I Agency Project Title Date Grant County Public Works Westshore Drive Overlay/Sidewalk 09/04/2024 Type of Proposed Work Project Type (Check all that Apply) RoadwayWidthNumber of Lanes ❑ New construction ❑Path /Trail ni( 3- R 28 2 ❑ Reconstruction Pedestrian !Facilities F-1 2-R ❑ Railroad ❑Parking F] Other � Q Bridge r-UU1UU1FUA"Ue UT vvorK Preliminary Engineering Will Be Performed By Others Agency Grant County Public Works % 100 % Construction Will Be Performed By Contract Agency Contractor 100 % % L--IMIU11111WtUdl %AdSSITIcavion El Class I - Environmental Impact Statement (EIS) ❑ Project Involves NEPAISEPA Section 404 1 nteragency Agreement ❑ Class III - Environmental Assessment (EA) Ej Project Involves NEPA/SEPA Section 404 Interagency Agreements Environmental Considerations NEPA CE Approval 7/3/2024 []✓ Class 11 - Categorically Excluded (CE) Z Projects Requiring Documentation (Documented CE) Form 140-101 Revised 0112022 Previous Editions Obsolete Page 2 Agency Project Title Date Grant County Public Works Westshore Drive Overlay/Sidewalk 09104/2024 Right of Way No Right of Way Needed Q Fight of Way Needed *All construction required by the ❑E] No Relocation F� Relocation Required contract can be accomplished within the existing right of way. Uti I ities Railroad ❑ No utility work required No railroad work required ❑ All utility work will be completed prior to the start All railroad work will be completed prior to the start of of the construction contract the construction contract All utility work will be completed in coordination E] All the railroad work will be completed in coordination with the construction contract with the construction contract Description of Utility Relocation orAdjustments and Existing Major Structures involved in the Project Lumen will adjust all affected phone lines. Contractor will adjust aft City of Moses Lake water line and sewer line facilities affected by the new construction. FAA Involvement Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ❑'des W1 No Remarks I nis project has been reviewed by the legislative body of the administration agency or agencies, or it's tf designee, and is not inconsistent with the agency's comprehensive plan for,,Qommunity delvinlopment, Agency Grant County Public Works Date By Cindy Carter, Ch it DOT Form 140-101 Page 3 Revised 0112022 Previous Editions Obsolete RE: Westshore Local Agency Agreement Supplement Amendment & Prospectus - Consent Agenda 9-10-2024 Rebekah M. Kaylor <rmkay1or@grantcountywa.gov> Wed 9/4/2024 3-01 PM ToDave Bren <dbren@grantcountywa-gov>;Caitlin E. Manell <cemane11@grantcountywa.gov> I am fine with this. I just talked with Dave Bren, and he is going to request that the previously signed version be withdrawn and that this version replace it and be signed by the BOCC. Please let me know if you have any questions. 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 rMkay Lor@grantcoUntyAa.ggv 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: Dave Bren <dbren@grantcountywa.gov> Sent: Wednesday,, September 4, 2024 12:31 PM To: Caitlin E. Manell <cemanell@grantcountywa.gov> Cc: Rebekah M. Kaylor <rmkaylor@grantcountywa.gov> Subject: Westshore Local Agency Agreement Supplement Amendment & Prospectus - Consent Agenda 9-10-2024 Hello Shilo, Please add the attached to the PW consent agenda for 9.10.2024. Unfortunately, we need to amend the LAA Supplement #1 form, as there was a number transcription error on line (i). The totals are still the same. In addition, we need to have BOCC sign the accompanying project prospectus, which is now included in the attached. I will talk with Rebekah about legal sign off for this amended agreement. Thank You,