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HomeMy WebLinkAboutAgreements/Contracts - Public Works (003)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 DATE: 09/06/2023 REQUEST SUBMITTED BY: Shilo Nellis PHONE: x3501 CONTACT PERSON ATTENDING MEETING: Sam Castro CONFIDENTIAL INFORMATION: FlYES My, NO 1101111191 11121 [RAgreement / Contract ❑AP Vouchers DAppointment Reappointment FiARPA Related 0 Bids / RFPs / Quotes Award ElBid Opening Scheduled C] Boards / Committees 0 Budget D Computer Related 0 County Code FlEmergency Purchase El Employee Rel. r-lFacilities Related F] Financial ❑ Funds El Hearing 0 Invoices / Purchase Orders DGrants — Fed/State/County Ell -eases ®MOA / MOU ElMinutes F-10rdinances F-10ut of State Travel 0 Petty Cash ElPolicies El Proclamations El Request for Purchase ❑ Resolution F] Recommendation 0 Professional Serv/Consultant 0 Support Letter OSurplus Req. F]Tax Levies F]Thank You's OTax Title Property E1WSLCB US DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT UNDER THE FISCAL YEAR 2022, SAFE STREETS AND ROADS FOR ALL, AWARD NO. 693JJ32340338, 24 MONTHS FROM EFFECTIVE DATE, FEDERAL FUNDS OBLIGATED $280,000 JOE I i;i ah WMEENNNEEM Signature: Date: (Prosecutor/Deputy Prosecutor) XAPPROVED DDENIED [:]TABLED/DEFERRED/NO ACTION TAKEN ❑CONTINUED TO DATE: OOTHER F01100FAMINIT111,41 mok, 693JJ32340338 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. HSSP230505PR 12. Submit Payment Requests To See article 20. 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 HS SA- I . Mail Drop E71-117 Washington, DC 20590 7. Total Amount Federal Share: $280,000.00 Recipient Share: $0 Other Federal Funds: $0 Other Funds: $70,000.00 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. 14. Accounting and Appropriations Data 15XO 173 E50.0000.05 5 SRI 0500.5 592000000.41010.61006600 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 Signal u"re Date Name: Rob Jones/Cindy Carter/Danny E. Stone Title: VBOCC/Member FEDERAL HIGHWAY ADMINISTRATION 17. Signature of Agreement Officer zsignature Name: Hector Santamaria Title: Agreement Officer 1 of 12 Date K23-229 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 "-LJSDOT" )] [Federal Highway Administration (the "FHWA") and the Grant County (the "Recipient"). This 0 nis 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: 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 28, 2023, which is available at htt-ps://www.transportation,.gov/ rants/ss4a/arant-agregiments. 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 arid performance system. 2 of 12 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. S 4 Grant Amount: $280,000 2.3 Award Dates. Period of Performance End. Date: See Section 6 on page I 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 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: $28000 Other Federal Funds:: $0 State Funds: $0 Local Funds: $ 70,000 In -Kind Match: $0 Other Funds: $0 Total Eligible Protect Cost: $350,000 Cost Element Federal Share Non -Federal Share Total Budget Amount Direct Labor $12400.00 $31,000.00 $1555000.00 Fringe Benefits $0.00 $0.00 $0.00 Travel $4,000.00 $1,000.00 $59000.00 Equipment $4,000.00 $1,000.00 $5,000.00 Supplies $4,000.00 $19000.00 $59000.00 Contractual/Consultant $1409000.00 $3500.00 $175,000.00 Other $4,000.00 $100.00 $500.00 Indirect Costs $0.00 $0.00 $0.00 F—Total Budget $2809000.00 $70,000.00 X3509000.00 4 of 12 01 A III I o�1�11 4.1 Recipient's Unique Entity Identifier. ZL6WM26K8KR5 4.2 Recipient Contact(s)., Andy Booth Assistant Director Grant County Public Work -s 3 5 C Street NW, Ephrata, WA 98823-1685 (509) 754-6082 Rr 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 HS SA- I, Mail Stop: E71-117 1200 New Jersey Avenue, S,E. Washington, DC 20590 (202) 366-4668 Stevhen.Parse rAd,ot.�,yov and Hector Santamaria Agreement Officer (AO) Federal Highway Administration Office of Acquisition and Grants Management HCFA -3 3, Mail Stop E62-310 1200 New Jersey Avenue, S.E. 5 of 12 Washington, DC 20590 202-494-3811 Hector. Santamaria,kdot. gov and Kenan Hall Agreement Specialist (AS) Office of Acquisition and Grants Management HCFA -33, Mail Stop E62-204 1200 New Jersey Avenue, S.E. Washington, DC 20590 202-366-1533 Kenan.Hallg,dot.Rov 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 Joel Barnett Washington Division Office Point of Contact Safety/Design Engineer 711 Capitol Way S. Suite 501 Olympia, WA 98501 (360) 534-9323 Joel.Barnetta dot. go,v ARTICLE 5 USDOT ADMINISTRATIVE INFORMATIO1 5.1 Office for Subaward and Contract Authorization, USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and. Grants Management 6 of 12 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} (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. (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 "AOW') reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. 7 of 12 (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 (htt 4//www.dot. aov/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 1 DOTElectroniclnvoicin�,ra,dot.,gov. If the USDOT grants the Recipient a waiver, the Recipient shall subm it SF 27 1 s directly to: DOT/FAA P.O. Box 268865 Oklahoma City, O.. 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. 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 (AICA), 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 1971, and all other civil rights requirements. 8 of 12 6.4 There are no other special grant requirements for this award. 9 of 12 ATTACHMENT A PERFORMANCE MEASUREMENT INFORMATION Study Area: Grant County Baseline Measurement Date: 10/01/23 Baseline Report Date: 12/1/2023 Measure Category and Description Measurement Frequency Percent of Funds to Underserved Equity Comunities-. Funding amount (of total m End of period of project amount) benefitting underserved performance communities, as defined by USDOT 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 recommendations relating to future 0 performance projects of strategies to prevent death. and serious injury on roads and streets. 10 0-1 e% iz gill Lei 1281MV-191" W42WILT110A WKWU 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: 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. 11 of 12 Application Section 3.3 Fund Source % _J1 % Previously Incurred Costs Imp, r.111z91IRMIN-C 0 ISM_ .r1yh on -Eligible Pr ject Costs) `0 Federal Funds Non -Federal Funds Total Previously Incurred Costs Future Eligible Pr2ject Costs a. MR, I. "'I 'R IN 521 SS4AFunds 300 00 Other Federat runds Non -Federal Funds Future Eligible Project Costs35000 a +iii iiTotal _ ii Total Pro ect Costs 35000 1i �! Iii ii 11 of 12 ATTACHMENT C RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity. The Recipient states that rows mark -ed 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 poncies 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. (Identi�& the relevant investments in the sypporting 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. porting narrative below.) (Identi the new or improved access in the syp 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