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006-06 - WSDOT - Supplement / Change Order 5Washington State vW Agency A Department of Transportation Local A 9 Y Agreement Supplement Port Orchard ,-J� ..u,,—. nyiceiimilt ivtuii❑ef CFDA No. 20.205 STPE STPUS CNWA - 0166(008) LA 6165 (Catalog of Federal Domestic Assistance) The Local Agency requests to supplement the agreement number noted above. 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 Bay Street Pedestrian Pathway Termini Fredrick Street to Annapolis Foot Ferry Terminal Description of Work ✓ No Change Reason for Supplement Revise Project End Date Length 1 mile Are you claiming indirect cost rate? E Yes ✓ No Project Agreement End Date September 30, 2027 Does this change require additional Right of Way or Easements? ❑Yes ✓ No Advertisement Date: Type of Work (1) Previous Aarce/Suvol, (2) Supplement (3) Estimated Total Project Funds (4) Estimated Agency Funds (5) Estimated CNWA (6) Estimated Federal Funds PE a Agency 100.0% b Rligible Nfln Federal Aid 295,000.00 295,000.00 295,000.00 49.834.00 20.000.00 49,834.00 20,000.00 49,834.00 20,000.00 Federal Aid c Canstsltant Participation d State Service Elig Non Fed Aid Ratio for PE c State Service f JToW1 PE Cost fistimate 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 374,834.00 0.00 374,834.00 54,834.00 20.000.00 300.000.00 Right of Way g Agency 86,50% h Consultant Federal Aid i Eligible Non Federal Aid Participation j Stale Ratio for R/W k 11,01HI n/W Cust Eslimalc 2,032,938.00 2,032,938.00 274,447.00 1,758,491.00 190.866.00 190,866.00 25,767.00 165.099.00 591.362.00 581,362.00 581.362.00 5,000.00 5,000.00 5,000.00 2,810,166.00 0.00 2,810,166.00 886,576.00 0.00 1,923,590.00 Construction I Contract m Consultant n _Eligible Non Federal Aid _ % o Other Federal Aid p Other Participation q Agency Ratio for CN r State Service CNWA s 'I'otul CN Cost Estmtate 400,501.00 400,501.00 400.501.00 119.407.00 119,407.00 119.407.00 91,924.00 81.924.00 81,924,00 0.00 0.00 5.000.00 5,000.00 5,000.00 5,000.00 5,000.00 5.000.00 529.908.00 81,824,00 611.732.00 86,824.00 524,908.00 0,00 t Total Project Cost Estimate 3,714,908.00 81,824.001 3,796,732.00 1,028,234.00 544,908.00 2,223,590.00 The Local Agency further stipulates that pursuant to said Title 23, regulations and 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 Was ington to/Department of ransportation By By Title Ma nr Director, Local P gram y Date Executed AUG 0 4 2020 DOT Form 140.041 Page 1 Revised 05/2020 Agency - _- y Supp(emun(Number --- Port Orchard 5 e eral Aid Project Number 7fAgmeementNum" er CFDA No. 2t7.2t75 -- STPE STPUS CNWA - 0166(008) A 6165 (Catalog of Federal Domestic Assistance) 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 1X). 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 0512020 C. Washington State Local Agency Agreement Supplement Department of Transportation gency Supplement Number Port Orchard 5 Fe eraI At d Project Number Agreement Num er CF©A No. 20.206 STPE-STPUS-CNWA 0166 (008) LA 6165 (Catalog of Federal Domestic Assistance) The Local Agency requests to supplement the agreement entered into and executed on July 27, 2006 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 Bay Street Pedestrian Pathway Length 1-mile Termini Fredrick Street to Annapolis Foot Ferry Terminal on Sinclair Inlet Description of Work ✓ No Change Reason for Supplement Updated Project End Date. Are you claiming indirect cost rate? [—]Yes ✓ No Project Agreement End Date September 30, 2027 Does this change require additional Right of Way or Easements? ❑ Yes ✓ No. Advertisement Date: Type of Work (1) Previous Agree/Suppj. (2) Supplement (3) Estimated Total Project Funds (4) Estimated Agency Funds (5) Estimated I CNWA (6) Estimated Federal Funds PE u Agency 100.0% b Eligible Non Federal Aid 295,000.00 295,000.00 295,000.00 49,834.00 49,834,00 49,834.00 Federal Aid c Consultant Participation d State Service Elig Non Fed Aid 20.000.00 20,000.00 20,000.00 5,000.00 5,000.00 5,000,00 Ratio for PE a State Service 5,000.00 5,000,00 5,000.00 P Total PE Cost Estimate 369,834.00 5,000.00 374,834.00 54,834.00 20,000.00 300,000.00 Right or way g Agency 2,032,938.00 2,032,939.00 274,447.00 1,758,491.00 86.50% h Consultant Federal Aid i Eligibie Nou Fcd;sal Aid 190,866.00 190,866.00 25,767.00 165,099.00 581,362.00 581,362.00 581,362.00 Participation j State 5,000.00 5,000,00 5,000.00 Ratio for R/W k Total RIW Coat Estimate 2,810,166.00 0.00 2,810,166.00 886,576.00 0.00 1,923,590,00 Construction 1 Contract 400,5000 400,501.00 400,501.00 m Consultant 0.00 n Eligible Non Federal Aid 0.00 _ % o Other 0,00 Federal Aid p Other 0.00 Participation q Agency 5,000,00 5,000.00 5,000.00 Ratio for CN r State Service CNWA 5,000.00 5,000.00 5,000.00 To s tal CN Cost Uminurre 0.00 410,SO1,00 r 410,501.00 5,000. 00 405,501.00 0.00 t Total Project Cost Estimate J 3,180,000.00 415,50L00 3,595,50t.00 - 946,410.00 425,501.00 27223,590,00 I trLV_lsTtrF4loc�vst tstanr+rt 1e+1_rgJL- � r —..Y� The Local Agency further stipulates that pursuant to said Title 23, regulations and 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 Director, Local Program Date Executed DOT Form 140-041 Revised 03l2010 Page 1 Port Orchard pplement No. STPE-STPUS-CNWA 0166 (008) 1 l.A 6165 _ ](Catalog of Federal Domestic Assistance) 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 theAgency 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 0312019