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HomeMy WebLinkAboutAgreements/Contracts - Public WorksN10b 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 MEETING: Sam Castro CONFIDENTIAL INFORMATION: ❑YES✓❑ NO DATE: 08/22/2023 PHONE: x3501 EM1!1!zl r Nr A A r r ®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 ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑Minutes ❑Ordinances ❑Out of State Travel ❑Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution El Recommendation ❑Professional Sery/Consultant ❑Support Letter ❑Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB 1 ® "°011 g a leiWill; : i g I III W11 imp -- - -------- US Department of Transportation Federal HWY Administration, Development of a safety action plan, from date of award through 24 months, $280,000.00 L, F1 OA1 T MNNfA.CT� are .r uNred to:Cram fete Pa: 2 tGAL V` L horn let fior 3. mracts A r+ �m nts -Leases Orli Signature: (Prosecutor/Deputy Prosecutor) Date: DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 1. Award No. 4. Award To Grant County Public Works 35 C Street NW Ephrata, WA 98823-1685 Unique Entity Id.: ZL6WM26K8KR5 TIN No .: 91-6001319 6. Period of Performance Effective Date of Award— through 24 months from effective date of award. 8. Type of Agreement Grant 10. Procurement Request No. 12. Submit Payment Requests To See article 20. 14. Accounting and Appropriations Data 2. Effective Date 3. Assistance See No. 17 Below Listings No. 20.939 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: $280,000.00 Recipient Share: $0 Other Federal Funds: $0 Other Funds: $705000.00 Total: $350,000.00 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 $280,000.00 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 16. Signature of Person Authorized to Sign Signat e Dat Name: L t K rq Gw�'Vt, �.A�,ny %vt'. Title: V-F,�Occ, / Vvt"VL-V� FEDERAL HIGHWAY ADMINISTRATION 17. Signature of Agreement Officer Signature Name: Kenan Hall Title: Agreement Officer 1of12 Date DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 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")] [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 February 8, 2023, 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 (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. 2 of 12 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 ARTICLE 2 APPLICATION, PROJECT, AND AWARD 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: I 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. 3 of 12 330 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 ACTION PLAN SCHEDULE Milestone Schedule Date Planned Draft Action Plan Completion Date: 12/01/24 Planned Action Plan Completion Date: 06/01/25 Planned Action Plan Adoption Date: 07/01/25 Planned SS4A Final Report Date: 08/01/25 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: $ 70,000 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 $124,000.00 $31,000.00 $155,000.00 Fringe Benefits $0.00 $0.00 $0.00 Travel $4,000.00 $1,000.00 $5,000.00 Equipment $4,000.00 $1,000.00 $5,000.00 Supplies $4,000.00 $1,000.00 $5,000.00 Contractual/Consultant $140,000.00 $35,000.00 $175,000.00 Other $4,000.00 $1,000.00 $5,000.00 Indirect Costs $0.00 $0.00 $0.00 [Total Budget $280,000.00 $70,000.00 $350,000.00 4 of 12 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 ARTICLE 4 RECIPIENT INFORMATION 4.1 Recipient's Unique Entity Identifier. ZL6WM26K8KR5 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, Name Title or Position Katherine Bren Associate Engineer 4.4 USDOT Project Contact(s), Stephen Parker 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) 366-4668 Stephen. Parker@ dot. gov and [enter name] Agreement Officer (AO) 5 of 12 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 Federal Highway Administration Office of Acquisition and Grants Management HCFA -33, Mail Stop E62-310 1200 New Jersey Avenue, S.E. Washington, DC 20590 [enter telephone] [enter email address] and [enter name] Agreement Specialist (AS) Office of Acquisition and Grants Management HCFA -33, Mail Stop E62-204 1200 New Jersey Avenue, S.E. Washington, DC 20590 [enter telephone] [enter email] 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 Joel Barnett Washington Division Office Point of Contact Safety/Design Engineer 711 Capitol Way S. Suite 501 Olympia, WA 98501 (360) 534-9323 Joel.Barnett@dot.gov 6 of 12 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 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. Note: This clause is only applicable to Action Plan Grants. Unless described in the application and funded in the approved award, the Recipient must obtain prior written approval from the AO for the subaward, transfer, or contracting out of any work under this award above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services. Approval of each subaward or contract is contingent upon the Recipient's submittal of a written fair and reasonable price determination, and approval by the AO for each proposed contractor/sub- recipient. Consent to enter into subawards or contracts 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 supporting cost detail with the SF 271 (Outlay Report and Request for Reimbursement for Construction Programs) to, clearly document all costs incurred. 7 of 12 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 (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-30, Room W93-431 1200 New Jersey Avenue SE Washington DC 20590-0001 or DOTElectroniclnvoicing@dot.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. 8 of 12 . DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 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 There are no other special grant requirements for this award. 9 of 12 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 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 Percent of Funds to Underserved Equity Communities: Funding amount (of total End of period of project amount) benefitting underserved performance communities, as defined by USDOT Project Costs: Quantification of the cost Costs of each eligible project carried out using End of period of the grant performance Lessons Learned and Recommendations: Lessons Learned and Description of lessons learned and any End of period of Recommendations recommendations relating to future Performance projects of strategies to prevent death and serious injury on roads and streets. 10 of 12 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 ATTACHMENT B CHANGES FROM APPLICATION INSTRUCTIONS FOR COMPLETING ATTACHMENT B: 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 this attachment B is to document the differences clearly and accurately in scope, schedule, and budget to establish the parties' knowledge and acceptance of those differences. See section 10.1. Scope: N/A 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. 11 of 12 Application Section 3.3 Fund Source $ % $ % Previously Incurred Costs (Non -Eligible Project Costs) Federal Funds Non -Federal Funds Total Previously Incurred Costs Future Eligible Project Costs SS4AFunds 300,000 85.7 2809000 80 Other Federal Funds Non -Federal Funds 509000 14.3 705000 20 Total Future Eligible Project Costs 350,000 100 350,000 100 Total Project Costs 3505000 100 350,000 100 11 of 12 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 ATTACHMENT C RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 1. Efforts to Improve Facial Equity and Reduce Barriers to Opportunity. The Recipient states that rows marked with "X" in the following table are accurate: 2. Supporting Narrative. The Public Works Board Hardship Status for Grant County is "distressed". The nature of this project focuses on rural communities which in general are underserved. Grant County will increase outreach and access to County services for communities of color. We will collaborate with communities to eliminate racial inequity. 12 of 12 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, 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 improve racial equity and reduce barriers to opportunity and will not take those actions under this award. 2. Supporting Narrative. The Public Works Board Hardship Status for Grant County is "distressed". The nature of this project focuses on rural communities which in general are underserved. Grant County will increase outreach and access to County services for communities of color. We will collaborate with communities to eliminate racial inequity. 12 of 12