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HomeMy WebLinkAboutAgreements/Contracts - Public WorksGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: PUBLIC WORKS DATE:7/31I2025 REQUEST SUBMITTED BY:Victoria Seim PHONE: 509-754-6082 CONTACT PERSON ATTENDING ROUNDTABLE: J011ll BI"ISS@y CONFIDENTIAL INFORMATION: DYES *NO ❑Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related ❑County Code ❑Emergency Purchase ❑Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders 0 Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑Minutes []Ordinances ❑Out of State Travel El Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑Recommendation El Professional Serv/Consultant ❑Support Letter ❑Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB pop- i d.. mo /�®1� 1 1 • Request for grant extension of agreement Safe Streets and Roads for All, between US Department of Transportation and Federal Highway Administration, and awarded to Grant County. Award No. 693JJ32340338. Period of Performance 09.15.2023 — 04.15.2026. Total amount is $350,000. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A If necessary, was this document reviewed by legal? 0 YES ❑ NO DATE OF ACTION: DEFERRED OR CONTINUED TO: WITHDRAWN: APPROVE: DENIED ABSTAIN D1: D2: D3: ❑ N/A 4/23/24 1. Award No. 2. Effective Date 3. Assistance 693JJ32340338 See No. 17 Below Listings No. 20.939 Amendment No. 0001 4. Award To 5. Sponsoring Office Grant County Public Works U.S. Department of Transportation 3 5 C Street NW Federal Highway Administration Ephrata, WA 98823-1685 Office of Safety 1200 New Jersey Avenue, SE Unique Entity Id.: ZL6WM26K8KR5 HSSA-1, Mail Drop E71-117 TIN No.: 91-6001319 Washington, DC 20590 6. Period of Performance 09/15/2023 — 04/15/2026 8. Type of Agreement Grant 10. Procurement Request No. HSA250749PR 12. Submit Payment Requests To See article 20. 14. Accounting and Appropriations Data N/A for this amendment. 7. Total Amount Federal Share: $28000 Recipient Share: $0 Other Federal Funds: $0 Other Funds: $705000 Total: $3501000 9. Authority Section 24112 of the Infrastructure Investment and Jobs Act (IIJA, Pub. L. 117-58, November 15, 2021) 11. Federal Funds Obligated $2801000 13. Payment Office See article 20. 15. Description of Project Development of a Safety Action Plan. The Action Plan will include all of Grant County with a preference for improvements in and around underserved areas in the County. RECIPIENT FEDERAL HIGHWAY ADMINISTRATION 16. Signature of Person Authorized to Sign 17. Signature of Agreement Officer Si a Date Name: Rob Jones Title:, Chair Signature Date Name: Hector R. Santamaria Title: Agreement Officer 1of14 U.S. DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT UNDER THE FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the [United States Department of Transportation (the "USDOT" A [Federal Highway Administration (the "FHWA") and the Grant County (the "Recipient"). This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All ("SS4A") Grant for the Grant County Safety Action Plan. 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 2022 Safe Streets and Roads for All Grant Program," dated March 17, 2025, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements. Articles 7-30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement. (b) The Recipient states 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 (IIJA, 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. 2 of 14 2.1 Application. Application Title: Grant County Safety Action Plan Application Date: August 3, 2022 2.2 Award Amount. SS4A Grant Amount: $280,000 2.3 Award Dates. Period of Performance End Date: See Section 6 on page 1 2.4 Budget Period Budget Period End Date: See Section 6 on page 1 2.5 Action Plan Grant or Implementation Grant Designation. Designation: Action Plan 2.6 Federal Award Identification Number. The Federal Award Identification Number is listed on page 1, line 1. ARTICLE 3 SUMMARY PROJECT INFORMATION 3.1 Summary of Project's Statement of Work. Development of a Safety Action Plan. The Action Plan will include all of Grant County with a preference for improvements in and around underserved areas in the County. 3.2 Project's Estimated Schedule. ACTION PLAN SCHEDULE Milestone Schedule Date Planned Draft Action Plan Completion Date: 01/02/2026 Planned Action Plan Completion Date: 01/30/2026 Planned Action Plan Adoption Date: 02/27/2026 Planned SS4A Final Report Date: 03/31/2026 3of14 3.3 Project's Estimated Costs. (a) Eligible Project Costs Eligible Project Costs SS4A Grant Amount: $280,000 Other Federal Funds:: $0 State Funds: $0 Local Funds: $ 70M00 In -Kind Match: $0 Other Funds: $ 0 Total Eligible Project Cost: $350,000 (b) Supplemental Estimated Budget Cost Element Federal Share Non -Federal Share Total Budget Amount Direct Labor $124.9000.00 $3100.00 $15500.00 Fringe Benefits $0.00 $0.00 $0.00 Travel $4X0.00 $1,000.00 $51000.00 Equipment $4X0.00 $100.00 $5X0.00 Supplies $4,000.00 $100.00 $5X0.00 Contractual/Consultant $14000.00 $3 5,000.00 $175,000.00 Other $4X0.00 $1,000.00 $500.00 Indirect Costs $0.00 $0.00 $0.00 Total Budget $2809000.00 $709000.00 $3509000.00 ARTICLE 4 RECIPIENT INFORMATION 4.1 Recipient's Unique Entity Identifier. ZL6WM26K8KR5 4 of 14 4.2 Recipient Contact(s). Andy Booth Assistant Director Grant County Public Works 35 C Street NW, Ephrata, WA 98823-1685 (509) 754-6082 abooth@grantcountywa.gov 4.3 Recipient Key Personnel, 3 Name Title or Position Katherine Bren Associate Engineer 4.4 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.FHWA(a,dot.gov and Agreement Officer (AO) Federal Highway Administration Office of Acquisition and Grants Management HCFA-42, Mail Stop E62-310 1200 New Jersey Avenue, S.E. Washington, DC 20590 HCFASS4AAdot.gov and Division Administrator Agreement Officer's Representative (AOR) FHWA Washington Division Office 711 Capitol Way S. Suite 501 Olympia, WA 98501 (360) 753-9480 hdawa@dot.gov and 5of14 Kelley Dolan Washington Division Office Point of Contact Community Planner711 Capitol Way S. Suite 501 Olympia, WA 98501 (360) 753-9481 Kellen. D o lanL d of .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 AO are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327. 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 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. (Fill in at award or by amendment) 5.2 Reimbursement Requests (a) The Recipient may request reimbursement of costs incurred in the performance of this agreement if those costs do not exceed the funds available under section 2.2 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 eInvoicing 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 6 of 14 supporting cost detail with the 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 AO may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the Agreement Officer's Representative (the "AOR") reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e) The USDOT may waive the requirement that the Recipient use the DELPHI eInvoicing System. The Recipient may obtain waiver request forms on the DELPHI eInvoicing website (http://www.dot.Gov/cfo/delphi-einvoicing-system.html) or by contacting the AO. A Recipient who seeks a waiver shall explain why they are unable to use or access the Internet to register and enter payment requests and send a waiver request to Director of the Office of Financial Management US Department of Transportation, Office of Financial Management B -3 0, Room W93 -431 1200 New Jersey Avenue SE Washington DC 205 90-0001 or D O TElectronicInvoicingC&, d of . gov . If the USDOT grants the Recipient a waiver, the Recipient shall submit SF 271 s directly to: DOT/FAA P.O. Box 268865 Oklahoma City, OK 73125-8865 Attn: Agreement Specialist (f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients. 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 of this agreement. 7 of 14 6.2 The Recipient acknowledges that the Action Plan will be made publicly available, and the Recipient agrees that it will publish the final Action Plan on a publicly available website. 6.3 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. 6.4 Pursuant to the court's preliminary injunction order in State of California v. Duffy, 1:25- cv-00208-JJM-PAS (D.R.I.) (June 19, 2025), DOT will not impose or enforce the challenged immigration enforcement condition* or any materially similar terms and conditions, to any grant funds awarded, directly or indirectly, to Plaintiff States or local government entities within those States (collectively referred to as "Plaintiff State Entities"), or otherwise rescind, withhold, terminate, or take other adverse action, absent specific statutory authority, based on the challenged immigration enforcement condition while DOT is subject to an injunction. DOT will not require Plaintiff State Entities to make any certification or other representation related to compliance the challenged immigration enforcement condition nor will DOT construe acceptance of funding from DOT as certification as to the challenged immigration enforcement condition. *The challenged immigration enforcement condition: "[T]he Recipient will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in the enforcement of Federal immigration law." 6.5 There are no other special grant requirements for this award. 8 of 14 ATTACHMENT A PERFORMANCE MEASUREMENT INFORMATION Study Area: Grant County Baseline Measurement Date: 10/01 /23 Baseline Report Date: 12/1/2023 Table 1: Performance Measure Table Measure Category and Description Measurement Frequency Project Costs: Quantification of the cost End of period of Costs of each eligible project carried out using performance the grant Lessons Learned and Recommendations: Lessons Learned and Description of lessons learned and any End of period of recommendations relating to future Recommendations projects of strategies to prevent death and performance serious injury on roads and streets. 9 of 14 ATTACHMENT B CHANGES FROM ORIGINAL GRANT AGREEMENT Scope: Schedule: The schedule has changed due to the resignation of the County Engineer and understaffed department. Katherine Bren was the Associate Engineer and is now the Interim Assistant County Engineer. In this capacity, her duties have significantly increased leaving less time to devote to this project. Thus, the project end date is extended from 08/01/2025 to 04/15/2026. Budget: CHANGES FROM APPLICATION Scope: No Change Schedule: The project will begin 10/01/23 instead of 01/01/2023 due to personnel changes and the unexpected time it has taken for the agreement to be approved. Budget: The application budget included $50,000 for Local funds. This is less than the required 20 percent of the total project funding coming from non -Federal sources so we increased the Local Funds to $70,000. The table below provides a summary comparison of the project budget. Fund Source Application $ % Section 3.3 $ % Previously Incurred Costs (Non -Eligible Project Costs Federal Funds Non -Federal Funds Total Previously Incurred Costs Future Eligible Project Costs MEE SS4AFunds 3001000 85.7 28000 80 Other Federal Funds Non -Federal Funds 5000 14.3 7000 20 Total Future Eligible Project Costs 3505000 100 3509000 100 Total Project Costs 35000 100 3505000 100 ATTACHMENT C 10 of 14 [RESERVED] 11of14 ATTACHMENT D [RESERVED] ATTACHMENT E 12 of 14 LABOR AND WORK 1. Efforts to Support Good -Paying Jobs and Strong Labor Standards The Recipient states that rows marked with "X" in the following table are accurate: e Recipient or a project partner promotes robust job creation by supporting good -paying jobs directly related to the project with free and fair choice to join a union. (Describe robust job creation and identify the good paying jobs in the supporting narrative below. e Recipient or a project partner will invest in high -quality workforce training rograms such as registered apprenticeship programs to recruit, train, and retain skilled workers, and implement policies such as targeted hiring preferences. Describe the training programs in the supporting narrative below. e Recipient or a project partner will partner with high -quality workforce development programs with supportive services to help train, place, and retain workers m good -paying jobs or registered apprenticeships including through the use of local and economic hiring preferences, linkage agreements with workforce programs, and proactive plans to prevent harassment. (Describe the supportive services provided to trainees and employees, preferences, and policies in the Isupporting narrative below. e Recipient or a project partner will partner and engage with local unions or other worker -based organizations in the development and lifecycle of the project, including through evidence of project labor agreements and/or community benefit agreements. (Describe the partnership or engagement with unions and/or other orker-based organizations and agreements in the supporting narrative below. e Recipient or a project partner will partner with communities or community groups to develop workforce strategies. (Describe the partnership and workforce trace ies in the szcporting narrative below. e Recipient or a project partner 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 arrative below. e Recipient or a project partner has not yet taken actions related to the Project o create good -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 Attachment B. (Identify the relevant actions om Attachment B in the supporting narrative below. e Recipient or a project partner has not taken actions related to the Project to improve good -paying jobs and strong labor standards and will not take those actions under this award. 2. Supporting Narrative. All work for this Project will be conducted consistent with the recipient's hiring, employment, and procurement standards and thus support good -paying jobs. The Project will allow for free and fair choice to join a union, consistent with applicable law. 13 of 14 ATTACHMENT F CRITICAL INFRASTRUCTURE SECURITY AND RESILIENCE 1. Efforts to strengthen the Security and Resilience of Critical Infrastructure against both Physical and Cyber Threats, The Recipient states that rows marked with "X" in the following table are accurate: The Recipient demonstrates, prior to the signing of this agreement, effort to consider and address physical and cyber security risks relevant to the trans ortation mode and type and scale of the activities. The Recipient appropriately considered and addressed physical and cyber security and resilience in the planning, design and oversight of the project, as determined by the Department and the Department of Homeland Securit . The Recipient complies with 2 CFR 200.216 and the prohibition on certain telecommunications and video surveillance services orequipment. 2. Supporting Narrative. N/A. This grant will not fund the purchase of Information Technology and/or Operational Technology. 14 of 14