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2015-12-28-minutes-public-works-study-session
Cnoss... TO 7Hecg o� G,y TC17'I TAS COUNTY THOSE PRESENT: KZ=ZTAIl& CO zVWV DEPARTMENT OF PUBLIC WORKS Mark Cook, Director STUDY SESSION MINUTES December 28, 2015 Gary Berndt, Paul Jewell (BOCC), Mark Cook, Candie Leader (DPW) FLOODPLAIN PERMITTING: Mark gave background on the departure of Christina Wollman, Planner III in the department. With this vacant position it leaves current staff to manage the current and incoming workload of the routine tasks associated with the permitting process. Staff would like to prepare a request for qualifications to receive assistance with the more complicated permits. Currently, the department has an on call contract with Jacobs and a task order may be another avenue to pursue. Board Direction: Commissioner Jewell recommended pursuing a task order with Jacobs for permit support. MANASTASH BRIDGE LOAD LIMIT: Mark reported that the bridge inspector, Ken Bamford, recently evaluated the bridge at the end of Manastash Road. He found significant damage to request a structural evaluation and set a load limit. There has been significant spalling of the girders. Staff has signage ready to post at the bridge for the load rating. Commissioner Jewell suggested a letter be sent to local contractors and residents to inform them of the issue. Mark replied that staff will wait to put up signage after the letters are sent out. Board Direction: Prepare a letter informing local contractors and residents of the load rating for the bridge. REVISED CHANGE ORDER W., *174*1r-'r101 REQUIREMENTS: Mark presented a change order policy with updated changes suggested from previous discussions with the Board. The process being proposed has the BOCC calling a special meeting if the change order amount is over $50,000 anything under that amount is at the discretion of the Public Works Director. This process could also be used in other departments. Discussion was held. 411 N. Ruby, Suite #1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 Dept. of Public Works Page 2 Board Direction: Commissioner Jewell directed staff to keep the process specific to Public Works for now. WSDOT PARK AND RIDE AGREEMENT. Mark reported that the Mobility Grant has been received and a new agreement has been produced for approval. Commissioner Jewell inquired on who will own and maintain the park and ride. Mark responded that the agreement states that it will go to the Washington State Department of Transportation. The agreement does not include funds for contract administration. Board Direction: Commissioner Berndt requested the agreement be placed on the January agenda for consideration. BOWERS FIELD AIRPORT fir) F-1 F3i-1z1TJW ADVISORY GROUP. Mark stated that he met with the Airport Advisory Board to discuss staffing of the Master Plan Update Advisory Group. The Board previously indicated that a mix of interest be representing the advisory board, local neighbors, lessees and planning interest. The proposed members are as follows: Three (3) Airport Advisory Board Members; Two (2) Airport Neighbors; Three (3) Lessees; Two (2) Ex - officio members; One (1) Member of the Board of County Commissioners; and the Public Works Director. Commissioner Jewell indicated to make sure that someone from Community Development Services is included in the group. Board Direction: No Direction BOWERS FIELD AIRPORT DISADVANTAGED BUSINESS ENTERPRISE POLICY (DBE): '^ Mark discussed the DBE Policy for Bowers Field. Public Works received a Federal Aviation Administration grant supporting an update to the airport's master plan. FAA is requesting to have their DBE policy be adopted for use. Staff submitted the adopted Federal Highway Administration's DBE policy to see if that would be sufficient for use. The FAA responded that their policy needs to be adopted for use. Board Direction: No Direction 411 N. Ruby, Ste. #1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (5Q9) 962-7663 Dept. of Public Works Page 3 OTHER BUSINESS: Mark stated that the County Engineer, Doug D'Hondt, has submitted his letter of resignation. This leaves the need to fill the County Engineer position. Mark suggested that in the interim he be acting County Engineer until a suitable candidate can be found. Discussion on the interview panel and process was had. Mark gave an update on the Teanaway culvert replacement project (FLAP). Discussion needs to be had about approaching Commerce about matching funds from the retained earnings and apply them to the match. Then reserves wouldn't have to be used. Commissioner Jewell stated that he was doubtful that is a possibility since the contract has not been fulfilled on our end. Maris stated he will prepare the contract documents and have a complete package for Board signature in early February. Commissioner Jewell asked what the contract says about road improvements. Mark replied that his understanding was it can be used. Commissioner Jewell suggested looking at the contract further to see if it fits within the parameters of the agreement. Discussion will still need to be had regarding using those funds for a match. Mark reported that after discussion on the pit sites, signage and closures, staff received a call from a citizen asking when the Elk Heights Pit will be open. Mark stated that citizens do camp back in the pit area which creates a health concern. Commissioner Berndt will speak with the snowmobile club and Howard Briggs. Commissioner Berndt has been receiving calls regarding Sparks Road and the closures of 1-90 causing the roadway to be used as a parking lot. The concern is emergency response being blocked due to the parking along and in the roadway. The road was signed with No Parking signs and they are being ignored. Mark R. Cook Director of Public Works 411 N. Ruby, Ste. #1 Ellensburg, WA 98926 TEL (509) 962-7523 FAX (509) 962-7663 KITTITAS COUNTY COMMISSIONERS REGULAR MEETING PUBLIC WORKS STUDY SESSION MONDAY, DECEMBER 28, 2015 1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Floodplain Permitting 3. Manastash Bridge Load Limit 4. Revised Change Order Process and Requirements 5. WSDOT Park and Ride Agreement 6. Bowers Field Airport Master Plan Update Advisory Group 7. Bowers Field Airport Disadvantaged Business Enterprise Policy (DBE) 8. Other business 9. Adjourn Created on 12/2212015 6:05:37 PM KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT WORK SESSION DATE: TOPIC: ACTION REQUESTED: LEAD STAFF: Mark R. Cook December 28, 2015 Floodplain Permitting Direct Staff Solicit for 2016 Floodplain Permitting Support RECOMMENDATION: Direct staff prepares a request for qualifications soliciting for 2016 floodplain permitting support services. BACKGROUND: Public Works Planner III (Christina Wollman) is leaving Public Works for em�playment with Perteet Engineering Inc. Her final working day is December 23 , 2015. Staff has met discussing the workload and various technical elements associated with floodplain permitting. While the routine information and permitting process is likely manageable by existing planning staff, the more complicated permits will likely require expertise currently not in the program. Public Works anticipates having sufficient floodplain expertise in the program near the close of QTR 12016. Recognizing the desire for maintaining the high level of service currently in the program, we are requesting the BOCC (Board of County Commissioners) consider soliciting for floodplain permitting support from qualified engineering firms. The request for qualifications will focus on local firms with sufficient experience with local floodplain permitting experience. DISCUSSION: Perteet is opening a local office here in Ellensburg. Ms_ Wollman will be local working out of the new office. The solicitation process is expected to take four weeks. It will likely be mid-April before we have sufficient experience in the program — dealing with the more complicated issues surrounding floodplain development. FISCAL IMPACTS: We anticipate supporting floodplain permitting at $5,000 for 2016. ATTAC H M E NTS: None. Page 1 of 1 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT WORK SESSION DATE: December 28, 2075 TOPIC: Manastash Bridge Load Limit ACTION REQUESTED: None Required LEAD STAFF: Mark R. Cook RECOMMENDATION: Informational, none provided. BACKGROUND: During a routine bridge inspection earlier this fall, Bridge Inspector Bamford and I agreed that sufficient deterioration in Upper Manastash Bridge girders mandated a structural inspection from our on-call structural engineer; Sargent Engineers, Inc. We have received the results of that inspection and we are moving forward setting a load limit for the bridge. DISCUSSION: This is the first load limit placed on a Kittitas County NBIS (National Bridge Inspection System) bridge in some time. We will pursue potential repairs using the State of Washington Bridge crew as constructors. Providing the bridge can be rehabilitated, we anticipate removing the load restriction sometime in late 2016. If the girders are not capable of rehabilitation, we will evaluate placing it on our six-year transportation plan for replacement. Posting load limit restrictions does provide a level of protection for the County should the bridge fail under over weight loading. Sargent is suggesting a limit restriction of: 4 tons per axle, 22 tons gross is appropriate. This load is essentially 44,000 lbs. Owing to the limit, we advise noticing local pits, concrete suppliers and building material supply companies of the restriction. FISCAL IMPACTS: Minimal costs associated with load limit posting. Potential structural repairs are unknown at this time. ATTACHMENTS. None. Page 1 of 1 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT WORK SESSION DATE: TOPIC: ACTION REQUESTED: LEAD STAFF: Mark R. Cook December 28, 2015 Revised Change Order Process and Requirements Direct Staff Calendar the Resolution for Board Action .January 5th, 2015 RECOMMENDATION: Accept the resolution and supporting documents. Calendar the resolution for Board of County Commission (Board) action, .January 5th, 2015. BACKGROUND: During the past several months (June, August and October) staff has worked with the Kittitas County Board of County Commissioners creating a construction change order process for use by Board Directors. Staff desires having the process in place supporting the 2016 construction season. DISCUSSION: Owing to numerous previous drafts, staff is presenting the most recent draft seen by the Board with "tracked changes" highlighted for discussion. FISCAL IMPACTS: None. POLICY IMPACTS A new process is created pursuant to resolution defining roles and responsibilities for directors of the Board seeking change order authorization. ATTACHMENTS: • Revised draft resolution with revised Exhibits A and B Page 1 of 1 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT A - Kittftas County Construction Contract Change Order Process Change Orders REDUCING the authorized amount of the original contact (beyond $50,000) for construction contracts approved by the Board of County Commissioners: The Director provides a copy via email of the proposed Change Order to all Board members and Commissioners Staff. A The Board's Director prepares the Change Order for signing by the Contractor. The Board members individually review the proposed Change Order. If any Board member believes there is a need for a Special Meeting, the Board member notifies the Commissioners Stag' setting a Special Meeting no less than 24 hours of required public notice (considering Commissioner & Director schedules). The Director is notified of the Special Meeting and will not sign the propose. Change Order. The Board members will have 48 hours (two working days) from the time the email was sent/received to review the proposed Change Order. If there is no special meeting noticed, the Director is authorized to proceed with the Change Order upon receipt from the Contractor. Change Orders INCREASING the authorized amount of the original contract by $50,000 or less and within the authorized amount of the original contract previously approved by the Board of County Commissioners for construction contracts_ The Board's Director provides a copy via email of the proposed Change Order to all Board members and Commissioners Staff. u The Board's Director prepares the Change Ordcr for signing by the Contractor. The Board members individually review the proposed Change Order. If any Board member believes there is a need for a Special Meeting, the Board member notifies the Commissioners Staff setting a Special Meeting no less than 24 hours of required public notice (considering Commissioner & Director schedules). The Director is notified of the Special Meeting and will not sign the proposed Change Order. s The Board members will have 48 hours (two working days) from the time the email was sent/received to review the proposed Change Order. If there is no special meeting noticed, the Director is authorized to proceed with the Change Order upon receipt from the Contractor. Change Orders for construction contracts INCREASING the authorized amount of the original contract above $50,000 or any amount beyond the ' T original Board approved contract amount: The Board's Director notifies the Commissioners' Staff of the item(s) to be considered and requests a Special Meeting with no less than the required 24 hours public notice. Commissioners' Staff prepares an Agenda for the Special Meeting n Special Meeting is held with a presentation by the Director or their designee. 0 The Board provides direction on the proposed Change Order. Page IofI EXHIBIT B — Change Order Minimum Requirements Pursuant to the Kittitas Board of County Commission's adopted change order process (EXHIBIT A), the Board's Director,:-'. authorized to execute construction contract change orders.. The Board's Director_, shall establish terms in the original contract noticing of the Board's adopted change order process and change order requirements. Prior to authorizing any construction change order impacting unit contract bid items, the Board's Director shall include in all change orders the following information: The estimated increase or decrease in total quantities of each class. The unit cost of each class. The total cost for each class. The total cost of the work shown by the original estimate. Change order narrative describing the circumstances driving the need for the change order. Evidence of cost evaluation for each item of the change order. The change in any contract time of completion including an estimate of the dates of commencing and completing the work. Prior to authorizing any construction change order for supplemental items not contained in contract bid items, the Board's Director. shall include the following information: The established basis to be used in pricing the change order defining rates for labor, materials, equipment, and markups for overhead and profit. A requirement to the contractor to submit detailed prices and rates for labor, materials, equipment, and markups. Change order narrative describing the circumstances driving the need for the change order. o Evidence of cost evaluation for each item of the change order. All change orders shall be documented in writing. The Board's Director- ; encouraged to spot check the scrutiny provided by Architectural/Engineering firms performing construction oversight making sure detailed pricing information is obtained ensuring local government is not paying too much for labor, materials, equipment and markups. Page 1 of 1 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT !WORK SESSION DATE: TOPIC: ACTION REQUESTED: LEAD STAFF: Mark R. Cook December 28, 2015 WSDOT Park and Ride Agreement Review the Agreement and Authorize Placement on a future Agenda Session RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners sign an agreement with Washington State Department of Transportation (WSDOT) designing and constructing a park and ride facility at exit 78 — interstate 90. BACKGROUND: Kittitas County Public received a Regional Mobility Grant in 2015 for the purpose of designing and constructing a park and ride facility at exit 78 along Interstate 90 in Kdtitas County. This past summer, combined staff (WSDOT and Public Works) met discussing the project. WSDOT is providing the right of way for the project that is considered grant. match. WSDOT requested that Kittitas County administer project funding allowing WSDOT design and construction. The Board was briefed on November 8, 2015, Public Works was requested to return for a final discussion once grant documents were in hand. Additionally, WSDOT Attomey General approved agreement changes are now in hand. DISCUSSION: WSDOT and Kittitas County prefer the project be designed and constructed by WSDOT Staff has worked with WSDOT for several months finalizing the project agreement. While the agreement favors WSDOT, it is unlikely that further changes will be well received by the State Attorney General's Office. While some element of financial risk remains for Public Works, the benefits are seen as overweighing risk. Kittitas County values its working partnership with WSDOT and is anxious to participate in the improvement. DPA Neil Caulkins previously cleared the agreement for use. The AG approved agreement has been transmitted to DPA Caulkins for review. FISCAL. IMPACTS: $223,000 is available from the Regional Mobility Grant. No additional County funds are anticipated. ATTACHMENTS: 1. Grant Agreement 2. Agreement Page 1 of 1 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT State Capital Construction Gyrant Agreement WSDOT Regional Mobility Grant Program Contractor. Washington State Department of Transportation Kittitas County Public Transportation Division 205 W. 5* Street., Suite 310 Maple Park Avenue SE Elle:nsbatg, WA 98926 PO Box 47387 Olympia, WA 98504-7387 WSDOT Contac:: Greg Wright 360-791-1190 Contact Person: Kathy Jurgens 509-962-7523 Term of Project: From July 1, 2015 to June 30, 2017 Federal ID #: 91-600-1349 Scope of Project: Project Title: Kittitas County I-90, Exit 78 Park As set forth in Exhibit I, Project Scope, Schedule and Ride and Budget, and Attachment A to Exhibit I (PIN: 20150023) Location: As set forth in Exhibit I Attachment A Proiect Costs: 2015-2017 RMG Funds $223,000 2017-2019 Projected RMG Funds $ 0 Agreement Number: GCB 230Q Local Match S 56,000 Total Project Cost $279,000 THIS AGREEMENT, entered into by the Washington State Department of Transportation, hereinafter "WSDOT," and the contractor identified above, hereinafter the "CONTRACTOR," individually the "PARTY" and collectively the "PARTIES," WITNESSETH THAT: WHEREAS, pursuant to RCW 47.66.030 the Regional Mobility Grant Program has beets established to aid local governments in funding projects such as intercounty connectivity service, park and ride lots, rush hour transit service, and other capital projects that improve the connectivity and efficiency of the state's transportation system; WHEREAS, pursuant to RCW 47.66.040 WSDOT shall select projects based on a competitive process consistent with local, regional, and state transportation plans, local transit development plans and local comprehensive land use plans; WHEREAS, pursuant to chapter 44.48 RCW the Legislative Evaluation and Accountability Program (LEAP) Committee provides analysis and monitoring of state expenditures, budgets and related fiscal matters and consults with Legislative committees; WHEREAS, the State of Washington in its Sessions Laws of 2015, Chapter 10, Section 220 (4) and (5), provides Regional Mobility funding tltrongb the multimodal transportation account and the regional mobility grant program account as identified in the budget through its 2015-2017 biennial appropriations to WSDOT; WHEREAS, WSDOT Public Transportation Division administers Regional Mobility Grant Program funds to provide assistance solely for transportation projects as identified in LEAP Transportation Document 2015-2 ALL PROJECTS as developed on March 30, 2015 Public Transportation V; NOWth , THEREFORE, in consideration of the terms, conditions, performances, and mutual covenants herein set for and the attached Exhibit I, "Project Scope, Schedule and Budget," IT IS MUTUALLY AGREED AS FOLLOWS: GCB 2300 Page l of 13 Section 1 Purpose of Agreement The purpose of this AGREEMENT is for WSDOT to provide capital funding to the CONTRACTOR for the design, acquisition, construction and/or improvements of capital facilities and infrastructure to be used in the provision of transportation services to persons in the State of Washington, hereinafter referred to as the ``Project." Reference to tate "Project" shall include all such capital facilities, infrastructure and/or associated equipment designed, acquired, constructed, improved or installed under this AGREEMENT. Section 2 Scope of Project The CONTRACTOR agrees to perform the work and complete the Project described and detailed in Exhibit I, "Project Scope, Schedule and Budgef' and in accordance with its Attachment A, "Project Application — Location and Description of Work" (hereinafter referred to as "Attachment A') , and in accordance with the terms and conditions of this AGREEMENT. By the preceding reference Exhibit I with its Attachment A is fully incorporated herein as if %Ey set out in this AGREEMENT. In the event any conflicting terms exist between Exhibit I, "Project Scope, Schedule and Budgef' and Attachment A, Exhibit I, "Project Scope, Schedule and Budget" supersedes and shall prevail over Attachment A. Section 3 Term of Project The Project period of this AUREEM ENT shall commence and terminate on the dates shown in the caption space header titled "'Perm of Project' regardless of the date of execution of this AGREEMENT, unless terminated as provided herein. The caption space header titled "Term of Project" and ail caption space headers above are by this reference incorporated herein into the AGRRRt�IRNi as if fully set forth in the AGREEMENT. Section A State Review of Project WSDOT shall review the project identified in this AGREEMENT as Exhibit I, "Project Scope, Schedule and Budget" and Attachment A, at least semiannually to determine whether the Project is making satisfactory progress. If WSDOT has awarded funds, but the CONTRACTOR does not report satisfactory activity within one (1) year of the initial grant award, WSDOT shall review the Project to determine whether the grant should be terminated as provided in Section 33, Termination. Section 5 Project Costs and Minimum Match Requirement The reimbursable costs of the Project shall not exceed the amount indicated for State Regional Mobility Grant Funds located within the caption space header titled "Project Costs." The CONTRACTOR agrees to expend eligible funds, together with other funds allocated for the Project, in an amount sufficient to complete the Project as detailed in Exhibit I, "Project Scope, Schedule and Budget" and Attachment A. The CONTRACTOR is required to provide a minimum match of fiords for the Project as identified in the caption space header titled "Project Costs" in the amount indicated as "Minimum Matching Funds Required" Examples of eligible matching funds are listed in WSDOT's Regional Mobility Grants Program Guidebook, which can be found at hU://www_wsdot.wagov/Transhl_Grantshegionaj:ao-bility-grants`, ro - idebook. and any amendments thereto, which by this reference is fully incorporated herein as if fully set out in this AGREEMENT. If at any time the CONTRACTOR becomes aware that the cost which it expects to incur in the performance of this AGREEMENT will exceed or be less than the amount identified as "Total Project Cost" in the caption space header titled "Project Costs," the CONTRACTOR shall notify WSDOT in writing within thirty (30) calendar days of making that determination. Section 6 Inspection of the Project The CONTRACTOR shall inspect the Project pursuant to this AGREEMENT as required during construction and upon Project completion. Upon receipt and acceptance of the Project, the CONTRACTOR agrees that it has fully inspected the Project and accepts it as being in good condition and repair, and that the CONTRACTOR is satisfied with the Project and that the Project complies with all regulations, rules, and laws. GCB 2300 Page 2 of 13 Section 7 Use of Park and Ride Facilities In order to be eligible to receive a Regional Mobility grant, a transit agency must establish a process for private transportation providers to apply for the use of park and ride facilities. Section S Miscellaneous Charges and Conditions The CONTRACTOR shall pay and be solely responsible for all storage charges, parking charges, late fees, and fines, as well as any fees and taxes, except applicable state sales or use tax, which may be imposed with respect to the Project by a duly constituted governmental authority as the result of the CONTRACTOR's use or intended use of the Project. All replacements, repairs, or substitutions of parts or Project Equipment shall be at the cost and expense of the CONTRACTOR. Section 9 Payment A. State funds shall be used to reimburse the CONTRACTOR for allowable expenses incurred in completing the Project described in Exhibit I, "Project Scope, Schedule and Budget" and Attachment A. Allowable Project expenses shall be determined by WSDOT as described in WSDOT's Regional Mobility Grants Program Guidebook, and any subsequent amendments thereto. In no event shall the total amount reimbursed by WSDOT hereunder exceed the "State Regional Mobility Grant Funds" identified in the caption space header titled "Project Costs." B. Payment will be made by WSDOT on a reimbursable basis for actual net Project costs incurred within the timeframe in the caption space titled "Term of Project" less any pre -payment discounts, rebates, late penalties and/or refunds. Such costs to be reimbursed shall be calculated as described in WSDOT's Regional Mobility Grants Program Guidebook, and any subsequent amendments thereto. The CONTRACTOR may submit to WSDOT requests for partial payment for eligible costs incurred no more than once per month and the CONTRACTOR shall submit to WSDOT an invoice or financial summary of the activity of the Project at least quarterly. Payment is subject to the submission to and approval by WSDOT of appropriate invoices, reports, and financial summaries. C. The CONTRACTOR shall submit an invoice by the 15'h of July of every state fiscal year (July 1 through .lune 30) of the Term of Project. If the CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall provide an estimate of the charges to be billed so WSDOT may accrue the expenditures in the proper fiscal period. Any subsequent reimbursement request submitted will be limited to the amount accrued as set forth in this section. The CONTRACTOR's final payment request must be received by WSDOT by July 15 immediately fallowing the final fiscal year of the Term of Project , within thirty (30) days of the completion of the Project, or within thirty (30) days of the termination of this AGRF.EAdENT, whichever is sooner. Any payment request received after the 15's day after the end of the grant period will not be eligible for reimbursement. Section 10 Assignments, Subcontracts, and Leases A. Unless otherwise authorized in advance in writing by WSDOT, the CONTRACTOR shall not assign any completed Project facilities and/or infrastructure under this AGREEMENT, or execute any contract, amendment, or change order thereto pertaining to the Project or obligate itself in any manner with any third party with respect to its rights and responsibilities under this AGREEMENT or lease or lend the Project or any part thereof to be used by anyone not under the CONTRACTOR's direct supervision. B. The CONTRACTOR agrees to include Sections 11 through 25 of this AGREEMENT in each subcontract and in all contracts it enters into for the employment of any individuals, procurement of any materials, or the performance of any work to be accomplished under this AGREEMENT. The PARTIES further agree that those clauses shall not be modified, except to identify the subcontractor or other person or entity that will be subject to its provisions. In addition, the following provision shall be included in an advertisement or imitation to bid for any procurement by the CONTRACTOR under this AGREEMENT: Statement of Financial Assistance: "This AGREEMENT is subject to the appropriations of the State of Washington. GCB 2300 Page 3 of 13 Section 11 Reports and Project Use A. Tire CONTRACTOR agrees that the Project shall be used for the provision of transportation services within the area indicated in Exhibit I Attachment A, for the term of the Project's plus four years after the project is complete, as set forth in WSDOT's Regional Mobility Grants Program Guidebook, and any subsequent amendments thereto. The CONTRACTOR further agrees that it will not use or permit the use of the Project in a negligent manner or in violation of any law, or so as to avoid any insurance covering the same, or permit the Pre;ect to become subject to any lien, charge, or encumbrance, Should the CONTRACTOR unreasonably delay or fail to use the Project during the project term and reporting period, the CONTRACTOR agrees that it may be required to refund up to the entire amount of the "State Regional Mobility Grants Funds" expended on the Project. The CONTRACTOR shall immediately notify WSDOT when any Project facilities and/or infrastructure is withdrawn from Project use or when the Project or any part thereof is used in a manner substantially different from that identified in Exhibit I, "Project Scope, Schedule and Budget" and Attachment A. If the Project is permanently removed from transportation services, the CONTRACTOR agrees to immediately notify WSDOT of its intentions regarding the disposal of the Project or any part of the Project thereof. B. Reports. The CONTRACTOR shall submit quarterly reports to WSDOT for the Term of Project, regarding the progress of the Project and annual performance reports for four calendar years after the project is operationally complete, as prescribed in WSDOT's Regional Mobility Grants Program Guidebook, and any subsequent amendments thereto or as WSDOT may require, including, but not limited to, interim and annual reports. The CONTRACTOR shall keep satisfactory written records with regard to the use of Project and shall submit the following reports to, and in a form and at such times prescribed by WSDOT as set forth in WSDOT's Regional Mobility Grants Program Guidebook, 2015 version, and any subsequent amendments thereto: 1. An approved Performance Measurement Plan must be on file with WSDOT before submitting the first reimbursement request. 2.An Annual Performance Report that includes a summary of overall project performance and supporting data 3. Reports describing the current usage of the Project and other data which WSDOT may request from the CONTRACTOR by memos, e-mails or telephone requests. 4. In the event any portion of the Project sustains disabling damage, the CONTRACTOR shall notify WSDOT immediately after the occasion of the damage, including the circumstances thereof 5. The CONTRACTOR shall collect and submit to WSDOT, at such time as WSDOT may require, such financial statements, data, records, contracts, and other documents related to the Project as may be deemed necessary by WSDOT. C. Remedies for Misuse or Noncompliance. The CONTRACTOR shall not use the Project or any part thereof in a manner different from that described in Exhibit I, Project Scope, Schedule and Budget, and Attachment A, as set forth in Section 2 of the AGREEMENT. If WSDOT determines that the Project has been used in a manner different from Exhibit I, Project Scope, Schedule and Budget, and Attachment A, WSDOT may direct the CONTRACTOR to repay WSDOT the State funded share of the "Project Costs." WSDOT may also withhold payments should it determine that the CONTRACTOR has failed to comply with any provision of this AGREEMENT. ,Section 12 Maintenance of the Project The CONTRACTOR shall make all necessary repairs and reasonably maintain the Project to assure it remains in good and operational condition until the end of its useful life. The useful life of the constructed project is determined by WSDOT, indicated in the "Financial Plan Table" of the 2015-2017 Regional Mobility Grant Application that is based upon Architectural/Engineering (A&E) estimates, materials used and industry standards for the type of structure built. All service, materials, and repairs in connection with the use and operation of the Project during its useful life shall be at the CONTRACTOR's expanse_ CONTRACTORS who are transit agencies must also have a Transit Asset Management Plan certified by WSDOT that details the transit agency's plan to maintain the Project. All other CONTRACTORS must submit a written Maintenance Plan to WSDOT for approval prior to the occupation and/or operations of the Project. The CONTRACTOR agrees, at a minimum, to maintain the Project and service or replace parts at intervals recommended in the manuals and/or instructions provided by the subcontractors and/or component manufacturers, or sooner if needed. The CONTRACTOR shall have the Project routinely inspected and make arrangements for any appropriate service and repair under the manufacturer's warranty. WSDOT shall not be liable for repairs. The CONTRACTOR shall retain records of all maintenance and parts replacement performed on the Project in accordance with Section 22, Audits, Inspection, and Retention of Records. The CONTRACTOR shall provide copies of such records to WSDOT, upon request. GCB 2300 Page 4 of 13 Section 13 General Compliance Assurance The CONTRACTOR agrees to comply with all inst<actions as prescribed in WSDOT's Regional Mobility Grants Program Guidebook and any amendments thereto. The CONTRACTOR agrees that, WSDOT and/or any authorized WSDOT representative, shall have not only the right to monitor the compliance of the CONTRACTOR with respect to the provisions of this AGREEMENT, but also have the right to seek judicial enforcement with regard to any matter arising under this AGREEMENT. It is understood by the CONTRACTOR that this assurance obligates the CONTRACTOR and any transferee of the CONTRACTOR, or said transferee's successor(s), for the term of this AGREEMENT." Section 14 Compliance with State Design Standards The CONTRACTOR agrees the Project design must comply with all Washington State Standard Specifications for Road, Bridge, and Municipal Construction (www.wsdot.wa.gov/Publication&Nanuals/M41-ID.htin), and any revisions thereto. Projects that wish to use design standards that differ from state standards must submit a request to WSDOT's Public Transportation Division and obtain documented approval before design work commences_ Section 15 No Obligation by the State Government No contract between the CONTRACTOR and its subcontractors shall create any obligation or liability of WSDOT with regard to this AGREEMENT without WSDOT's specific written consent, notwithstanding its concurrence in, or approval of, the award of any contract or suboontraet or the solicitations thereof and the CONTRACTOR hereby agrees to include this provision in all contracts it enters into for the design, acquisition, and construction of facilities and/or infrastructare related to the Project, or the performance of any work to be accomplished under this AGREEMENT. Section 16 Ethics A. Relationships with Employees and Officers of WSDOT. The CONTRACTOR shall not extend any loan, gratuity or gift of money in any form whatsoever to any employee or officer of WSDOT, nor shall the CONTRACTOR rent or purchase any Project equipment and materials from any employee or officer of WSDOT. B.. Employment of Former WSDOT Employees, The CONTRACTOR hereby warrants that it shall not engage on a full, part-time, or other basis during the period of this AGREEIv1ENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of WSDOT without written consent of WSDOT. Section 17 Compliance with Laws and Regulations The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations including but not limited to, those concerning employment, equal opportunity employment, nondiscrimination assurances, project record keeping necessary to evidence compliance with such federal and state laws and regulations, and retention of all such records. The CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW. Section 18 State and Loral Law Except when a federal statute or regulation pre-empts state or, local law, no provision of this AGREEMENT shall require the CONTRACTOR to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of state or local law. Thus if any provision or compliance with any provision of this AGREEMENT violates state, or local law, or would require the CONTRACTOR to violate state or local law, the CONTRACTOR agrees to notify WSDOT immediately in writing. Should this occur, WSDOT and the CONTRACTOR agree to make appropriate arrangements to proceed with or, if necessary, expeditiously, terminate the Project. Section 19 Labor Provisions Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of the Project work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less thwt one and one-half times the basic rate of pay for all GCB 2300 Page 5 of 13 hours worked in excess of forty (40) hours in such workweek. CONTRACTOR will comply with Title 49 RCW, Labor Regulations. Section 20 Environmental Protections and Archeological Preservation The CONTRACTOR agrees to comply with all applicable requirements of chapter 43.21C RCW "State Environmental Policy Act" (SEPA). The CONTRACTOR also agrees to comply with all applicable requirements of Executive Order 05-05, Archeological and Cultural Resources, for all capital construction projects or land acquisitions for the purpose of a capital construction project, not undergoing Section 106 review under the National Historic Preservation Act of 1966 (Section 106). Section 21 Accounting Records A. Project Accounts. 'lie C:ONTIIACYOR agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The CONTRACTOR agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible and available to WSDOT upon request, and, to the extent feasible, kept separate from documents not pertaining to the Project. B. Documentation of Project Costs and Program Income. The CONTRACTOR agrees to support all allowable costs charged to the Project, including any approved services contributed by the CONTRACTOR or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. The CONTRACTOR also agrees to maintain accurate records of all program income derived from implementing the Project. Section 22 Audits, Inspection, and Retention of Records A. Submission of Proceedings, Contracts, Agreements, and Other Documents. During the term of the Project and for six (6) years thereafter, the CONTRACTOR agrees to retain intact and to provide any data, documents, reports, records, contracts, and supporting materials relating to the Project as WSDOT may require. Project closeout does not alter these recording and record-keeping requirements. Should an audit, enforcement, or litigation process be commenced, but not completed, during the aforementioned six (6) year period then the CONTRACTOWs obligations hereunder shall be extended until the conclusion of that pending audit, enforcement, or litigation process. B. General Audit Requirements. The CONTRACTOR agrees to obtain any other audits required by WSDOT at CONTRACTOR's expense. Project closeout will not alter the CONTRACTOR's audit responsibilities. C. Inspection. The CONTRACTOR agrees to permit WSDOT, and the State Auditor, or their authorized representatives, to inspect all Project work materials, payrolls, maintenance records, and other data, and to audit the books, records, and accounts of the CONTRACTOR and its contractors pertaining to the Project. The CONTRACTOR agrees to require each third party contractor to permit WSDOT, the State Auditor, or their duly authorized representatives, to inspect all work, materials, payrolls, maintenance records, and other data and records involving that third party contract, and to audit the books, records, and accounts involving that third party contract as it affects the Project. Section 23 Permitting The CONTRACTOR agrees to be solely responsible for all required Federal, State and/or local permitting as related to the Project. Section 24 Lass or Damage to the Project A. The CONTRACTOR, at its own expense, shall cover any loss, theft, damage, or destruction of the Project's facilities, associated equipment and/or infrastructure using either of the following methods: 1. The CONTRACTOR shall maintain property insurance for facilities, associated equipment and/or infrastructure adequate to cover the value of the Project; the CONTRACTOR shall supply a copy of the Certificate of Insurance specifying such coverage to WSDOT with the first request for reimbursement, and supply proof of renewal annually thereafter; or GCB 2300 Page 6 of 13 2. The COR'TRACTOR shall certify that it has self-insurance and provide a written certificate of self-insurance to WSDOT with the first request for reimbursement, and annually thereafter. The CONTRACTOR will cover from its own resources the costs of repairing or replacing any Project facilities, associated equipment and/or infrastructurc, if it is stolen, damaged, or destroyed in any manner. B_ If the damage to the Project does not result in a total loss, payments for damage shall be paid directly to the CONTRACTOR The CONTRACTOR shall, within thirty (30) days, either:1. Devote 0 of the insurance proceeds received to repair the Project and place it back in service, and the CONTRACTOR shall, at its own expense, pay any portion of the cost of repair which is not covered by insurance; or 2. In the event the CONTRACTOR certified to self insurance, devote all funds necessary to repair the Project and place it back into service. C. If the P%ect is a total loss, either by theft or damage, the insurance proceeds or equivalent shall be paid directly to the CONTRACTOR and within fifteen (15) days the CONTRACTOR shall pay WSDOT its proportionate funded share of such proceeds received. The CONTRACTOR shall within sixty (60) days of loss, theft, or damage, notify WSDOT that it either: 1. Intends to replace the lost Project facilities, associated equipment and/or infrastructure; or 2. Does not intend to replace the lost Project facilities, associated equipment and/or infrastructure. D If the CONTRACTOR intends to replace the Project facilities, associated equipment and/or infrastructure then WSDOT will reimburse the CONTRACTOR upon receipt of an approved invoice, funds up to the amount WSDOT received in insurance proceeds. E. Coverage, if obtained or provided by the CONTRACTOR in compliance with this section, shall not be deemed as having relieved the CONTRACTOR of any liability in excess of such coverage as required by the limitation of liability section of this AGREEMENT, or otherwise. Section 25 Limitation of Liability A. The CONTRACTOR shall indemnify and hold WSDOT, its agerrts, employees, and otticers harmless from and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as "claims"), of whatsoever kind or nature brought against WSDOT arising out of, in connection with or incident to this AGREEMENT and/or the CONTRACTOR's performance or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT, its agents, employees and officers arising out of; in connection with or incident to the negligent acts omissions of the CONTRACTOR, its agents, employees and officers. Provided, however, that nothing herein shall require the CONTRACTOR to indemnify and hold harmless or defend the WSDOT, its agents, employees or officers to the extent that claims are caused by the negligent acts or omissions of the WSDOT, its agents, employees or officers. The indemnification and hold harmless provision shall survive termination of this AGREEMENT. B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the CONTRACTOR or its subcontractors and the employees thereof shall not in any manner be deemed to be employees of WSDOT. C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR's employees and/or subcontractors and solely for the purposes of this indemnification and defense, the CONTRACTOR specifically waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington. D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY. Section 26 Personas Liability of Public Offreers No officer or employee of WSDOT shall be personally liable for any acts or failure to act in connection with this AGREEMENT, it being understood the. in such matters he or she is acting solely as an agent of WSDOT. GCB 2300 Page 7 of I3 Section 27 WSDGT Advice The CONTRACTOR bears complete responsibility for the administration and success of the Project as it is defined by this AGREFNMNT and any amendments thereto. If the CONTRACTOR solicits advice from WSDOT on problems that may arise, the offering of WSDOT advice shall not shift the responsibility of the CONTRACTOR for the correct administration and success of the Project, and WSDOT shall not be held liable for offering advice to the CONTRACTOR. Section 28 Forbearance by WSDOT Not it Waiver Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Section 29 Lack of Waiver In no event shall any WSDOT payment of funds to the CONTRACTOR constitute or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default. Such payment shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default Section 30 Changed Conditions Affecting Performance The CONTRACTOR hereby agrees to immediately notify WSDOT of any change in conditions or law, or of any other event, which may affect its ability to perform the Project in accordance with the provisions of this AGREEMENT. Section 31 Agreement Modifications Either PARTY may request changes to this AGREEMENT. Any changes to the terms of this AGREEMENT must be mutually agreed upon and incorporated by written amendment to this AGREEMENT. Such amendments shall not be binding or valid unless signed by the persons authorized to bind each of the PARTIES. Section 32 Disputes A. Disputes, Disputes, arising in the performance of this AGRBENIENT, which are not resolved by agreement of the PARTIES, shall be decided in writing by the WSDOT Public Transportation Division's Assistant Director or designee. This decision shall be final and conclusive unless within ten (10) days from the date of CONTRACTOR'S receipt of WSDOT's written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public Transportation Division or the Director's designee. The CONTRACTOR's appeal shall be decided in writing by the Director of the Public Transportation Division within thirty (30) days of receipt of the appeal by the Director of the Public Transportation Division or the Director's designee. The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the decision. B. Performance During Dispute. Unless otherwise directed by WSDOT, CONTRACTOR shall continue performance under this AGREEMENT while matters in dispute are being resolved. C, Claims for Damages. Should either PARTY to this AGREEMENT suffer injury or damage to person, property, or right because of any act or omission of the other PARTY or any of that PARTY's employees, agents or others for whose acts it is legally liable, a claim for damages therefore shall be made in writing to such other PARTY within thirty (30) days after the first observance of such injury or damage. D. nights and Remedies. All remedies provided in this AGREEMENT are distinct and cumulative to any other right or remedy under this document or afforded by law or equity, and may be exercised independently, concurrently, or successively and shall not be construed to be a limitation of any duties, obligations, rights and remedies of the PARTIES hereto. No action or failure to act by the WSDOT or CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under this AGREEMENT, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. GCB 2300 Page 8 of 13 Section 33 Termination A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate this AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the other PARTY. WSDOT and the CONTRACTOR shall agree upon the AGREEMENT termination provisions including but not limited to the settlement terms, conditions, and in the case of partial termination the portion to be terminated. Written notification must set forth the reasons for such termination, the effective date, and in case of a partial termination the portion to be terminated. However if, in the case of partial termination, WSDOT determines that the remaining portion of the award will not accomplish the purposes for which the award was made, WSDOT may terminate the award in its entirety. PARTIES may terminate this AGREEMENT for convenience for reasons including, but not limited to, the following: 1. The requisite frmding becomes unavailable through failure of appropriation or otherwise; 2. WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; 3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense; or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources; 4. The CONTRACTOR is prevented from proceeding with the Project by reason of a temporary preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the CONTRACTOR; or 5. The State Government or WSDOT determines that the purposes of the statute authorizing the Project would not be adequately served by the continuation of financial assistance for the Project. 6. In the case of termination for convenience under subsections A.1-5 above, WSDOT shall reimburse the CONTRACTOR for all costs payable under this AGREEMENT that the CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly submit its claim for reimbursement to WSDOT. If the CONTRACTOR has any property in its possession belonging to WSDOT, the CONTRACTOR will account for the same, and dispose of it in the manner WSDOT directs. B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the CONTRACTOR, if the CONTRACTOR materially breaches or fails to perform any of the requirements of this AGREEMENT, including: 1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which under the procedures ofthis AGREEMENT would have required the approval of WSDOT; 2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America laws, Washington state laws, or local governmental laws under which the CONTRACTOR operates; 3. Failure to perform the Project or any part thereof including, but not limited to; a) Failure to build the Project according to the design specifications and all building code required standards; b) Failure to remedy all defects in the performance of the Project and correct all faulty workmanship by the CONTRACTOR or its subcontractors in a timely manner; c) Failure to take any action which could affect the ability of the Project to perform its designated function or takes any action which could shorten its useful life for Project use or otherwise; or d) Failure to make reasonable and appropriate use of the Project real property, facilities, equipment and/or infrastructure. 4. Fails to make reasonable progress on the Project or other violation of this AGREEMENT that endangers substantial performance of the Project; or 5. Fails to perform in the manner called for in this AGREEMENT, or fails, to comply with or, is in violation oti any provision of this AGREEMENT. WSDOT shall serve a notice of termination on the CONTRACTOR setting forth the manner in which the CONTRACTOR is in default hereunder. If it is later determined. by. WSDOT that the CONTRACTOR had an excusable reason for not performing, such as events which are not the fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood, WSDOT may. a) allow the CONTRACTOR to continue work after setting up a new delivery of performance schedule, or b) treat the termination as a termination for convenience. C. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in which to cure the defect. In such case, the notice GCB 2300 Page 9 of 13 of termination will state the time period in which cure °s permitted and other appropriate conditions. If the CONTRACTOR fails to remedy to WSDOT's satisfaction the breach or default within the timeframe and under the conditions set forth in the notice of termination, WSDOT shall have the right to terminate this AGREEMENT without any further obligation to CONTRACTOR. Any such termination for default shall not in any way operate to preclude WSDOT from also pursuing all available remedies against CONTRACTOR and its sureties for said breach or default. D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition, of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's remedies for any succeeding breach of that or of any other term, covenant, or condition of this AGREEMENT. Section 34 Venue and Process In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREENU NT, the PARTIES hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. The PARTIES agree that the laws of the State of Washington shall apply. Section 35 Subrogation A. Prior to Subrogation. WSDOT may require the CONTRACTOR to take such action as may be necessary or appropriate to preserve the CONTRACTOR's right to recover damages from any person or organization alleged to be legally responsible for injury to the Project or other property in which WSDOT has a financial interest. B. Subrogation. WSDOT may require the CONTRACTOR to assign to WSDOT all right of recovery against any person or organization for loss, to the extent of WSDOT's loss. Upon assignment, the CONTRACTOR shall execute, deliver, and do whatever else necessary to secure WSDOT's rights. The CONTRACTOR shall do nothing after any loss to prejudice the rights of WSDOT. C. Duties of the Contractor. If WSDOT has exercised its right of subrogation, the CONTRACTOR shall cooperate with WSDOT and, upon WSDOT's request, assist in the prosecution of suits and enforce any right against any person or organization who may be liable to WSDOT due to damage to the Project. The CONTRACTOR shall attend hearings and trials as requested by WSDOT, assist in securing and giving evidence as requested by WSDOT, and obtain the attendance of witnesses as requested by WSDOT. Section 36 Severability If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or any part thereof, which in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this AGRFEIv=. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. Section 37 Counterparts This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned herein, and does hereby accept WSDOT's grant and agrees to all of the terms and conditions thereof. Section 38 Complete Agreement This document contains all covenants, stipulations, and provisions agreed upon by WSDOT. No agent or representative of WSDOT has authority to make, and WSDOT shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein or made by written amendment hereto. GCB 2300 Page 10 of 13 Section 39 Execution This AGREEMENT is executed by the Director, Public Transportation Division, trate of Washington, Department of Transportation or the Director's designee, not as an individual incurring personal obligation and liability, but solely by, for and on beha:f of the State of Washington, Department of Transportation, in the capacity as Director, Public Transportation Division, or as a designee. Section 40 Binding Agreement The undersigned acknowledge that they are authorized to execute this AGREEMENT and bind their respective agency(ies) and/or entity(les) to the obligations set forth herein. IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year last written below. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Bv: Brian Lagerberg, Director Public Transportation Division Date: APPROVED AS TO FORM By: Susan Cruise Assistant Attorney General Date: November 16, 2015 CONTRACTOR BY, Authorized. Representative Title: Print Name: Print Title _ - Date: _ GCB 2300 Page l l of 13 PROJECT SCOPE, SCHEDULE AND BUDGET Funding by Project Project A Scope of Work: To provide capital funding assistance to construct a park and ride lot with 26 parking spaces in KiUitas County including paving, striping, onsite lighting, and with sufficient funding, an electric vehicle charging station. Funds Total Funds Awarded 2015-2017 RMG Funds $223,040 20I7-2019 RMG Funds $ 0 Contractor's Funds(Minimum 20%) $ 56,000 Total Project Funds $279,000 See Attachment A, Regional Mobility Grant Project Application — Location and Description of Work for additional details. GCB 2300 Page 12 of 13 Attachment A to Exhibit I Project Application Location and Description of Work GCB 2300 Page 13 of 13 Project Summary Lead 'Agency lGttitas County average of seven vehicles at this time. The improvements would include paving, parking lines, and possible vehicle charging station for electric vehicles_ Project Title Kittitas County 1-90, Exit 78 Park and Ride The proposed park and ride will provide a paved, 26 space parking lot with markings. The lot will Categon• 2 Yr. 4 Yr. Vr In Year 1 4680 annual vehicle trips reduced Grant request for 2615.201723, Vf Im Year 4 9,360 annual vehicle trips reduced 0001 CNV% chairTermm. or chief exemth a officer_ The grant spplicatims miw be signed below to be comidered for grant funding. I cenify. to the best of my lmowledge: that the i6ormation in thts applicatinn is trite and acnuate and that this organization has the necessary fiscaL data collectialL and managerial capability to .in>;ple=tt and manage the project associated with this applicatio>.>I, Glut request for 2017 - 2019 _ Nance d Title of Signataly �7 OP Fatal grant request $2239000 alTa ID# 91.600-1349'TDINIative Distlrkt(s) V.ss 8th congressional, 13th Legislative -Wailing address to ITCeive payments (if different) 205 W. 5th Street, STE 1 Same Ellensburg, WA 98926 Grant Administrator Kittitas County public Works Billing Contact Sarno Phone no. 508-962-7523 Phoseno. Same Email kathy.Iurgens@co.kittitas-wa.us Ismail Same Sul,, izae the proposed project The Kittitas County 1-90, Exit 78 Park N Ride oronosed oroiect would nrnvidR 9A naririnrs commuters. The location is currently an undeveloped lot within WSD6T right ofway used by art average of seven vehicles at this time. The improvements would include paving, parking lines, and possible vehicle charging station for electric vehicles_ Descittbe specific deliverables The proposed park and ride will provide a paved, 26 space parking lot with markings. The lot will have lighting and will provide a charging station for electric vehicles. WSDOTApkroved Vehicle Trips Reduced AVSDOT Ap pmed Vehicle -Miles Trstveled reduced Vr In Year 1 4680 annual vehicle trips reduced IM In Year 1 352,872 annual vehicle miles traveled reduced Vf Im Year 4 9,360 annual vehicle trips reduced VA -TT In Year 4 705,744 annual vehicle miles traveled reduced This application must be cerded by somwne au:hoxized to sign contracts on behalf of y-otu orgaaizalion, shell as the board chairTermm. or chief exemth a officer_ The grant spplicatims miw be signed below to be comidered for grant funding. I cenify. to the best of my lmowledge: that the i6ormation in thts applicatinn is trite and acnuate and that this organization has the necessary fiscaL data collectialL and managerial capability to .in>;ple=tt and manage the project associated with this applicatio>.>I, Date �O�` _ Nance d Title of Signataly �7 Z71-1 -' ', ton stae Project Description (two pages) ) Oedment of Transportation Describe the problem this project is designed to solve in relation to both the local public transportation system and the broader regional transportation system. Include the location and the specific congested corridor or situation. On an average day, 28,000 vehicles travel over Snoqualmle Pass. This number is estimated to double on weekends and holidays. WSDOT expects these traffic volumes to increase 2.1 percent every year, reaching an average of over 41,000 vehicles per day by 2030. The 2010 U.S. census data indicates there are 1,395 daily trips leaving Kittitas County and traveling on 1-90 to King, Snohomish, Pierce, Kitsap, or Thurston Counties. There are currently no designated park and ride lots located within i ttitas County. WSDOT has observed an average of 7 vehicles parking in the vicinity of the proposed park and ride lot, located on the north side of 1-90, at Exit 78. Currently, the undeveloped piece of WSDOT right of way being used by commuters is an unpaved lot with no lighting, and unmaintained access location. WSDOT has stated that there are no guarantees these cars parked on this lot will not be towed because they are trespassing (violating state law). Parking will not be allowed on this parcel of land by WSDOT, unless a park and ride is established. Our project will help address the traffic congestion on 1-90 by providing a park and ride lot to encourage commuters to reduce the number of vehicles in this corridor by carpooling orvanpooling. Project Description a Washington skate Ption { two pages) es ) Depwtment at Transpwkation Describe how the proposed grant project will address the above problem. Recently WSOGT performed a survey of commuters currently parking in the vicinity of the proposed park and ride lot to obtain an understanding of their travel behavior. The survey results and census data indicate that westbound commuters are destined for places in the Puget Soured Region. The survey respondents were destined for Bellevue (67 miles distance) and Renton (81 miles distance). Vise assumed that the non -respondents (persons parking in this location that did not respond to the survey) are also destined for the Puget Sound Region. An estimated average vehicle miles traveled, based off of the collected data from this survey, show 75.4 miles one-way. The proposed park and ride located north of 1-90, at Fait 78 will provide a legal, improved parking lot for up to 26 vehicles. We assume commuters using the existing lot will contnue to travel to the Puget Sound Region for the next fouryears, and estimate that the average vehicle miles traveled for the future year scenario will continue to be 75.4 miles one-way_ Given the large number of commuters to the Puget Sound region, we estimate that this new park and ride lot will double the number of vehicles parked from 9 to 18 by year 4. Washington Stag Department of Transportation Readiness to Proceed 1. Does the applicant currently have the funding necessary to complete the project, with the exception of these L7ant funds? If no, give a detailed explanation of when full funding will be available. 2. Design % complete 3. Environmental permits applied for? Permit issued? 4. Does this project require NEPA/SEPA? a Documents submitted? o Approval received? Yeso 10% Yes E] No Yes 0 No NA D Yes 0 No Yes Q No Yes F] No • Is the project expected to receive a Categorical Exclusion (CE) Yes F/I No S. Executed Order 05-05, requires a review of all capital construction projects and land acquisitions. If your project requires excavation, then you must have a letter from the Department of Archeology and Historic Preservation (DAHP) stating your project will likely have no impact, or you must follow the requirements they put forth. Does your project require excavation, or displacement of soil? Yes 0 No • If you answered yes, have you sent your project to DAHP far review? NA[J Yes M No 6. Does your project require the purchase of right of way? Yes No 0 • If you answered yes, what percentage of the 0% right of way have you acquired? 7. Have you advertised for bids? Yes F-1 No Z Washington $tie Damtrtment of :MAmwartation 8. Vendor/contractor selected? 9. Construction % complete? 10. Construction permits applied for? o Permit issued? 1 I. MPO/RTPO Verification a If yes, cite project identification number See 1 below o Is the project in the applicants system or comprehensive plan? a If yes, cite the document and page number See 2 below Readiness to Proceed Yes D No'] 0% Yes No 1 Yes No 7% Yes No El Yes 7 No a Is the project in the comprehensive plans, or in the 6 -year Transit Development Plan? Yes No 12. If the project will affect a transit agency, does your agency have written concurrence from the transit agency? NA © Yes ❑ No 13. Transit agency applicants only. Does your agency have arl?..ocess to allow a private bus company to use a park and ride lot you own or provide service to? A process is reclUired if you want to receive grant funds. WSDOT will not review, comment, or score the transit agencies process. NA Z Yes ❑ No 14. For Operating projects (new or extended routes) is the planning process complete? NA Q Yes No u 15. For Equipment procurement protects has the agency identified vehicle type, options, and available contracts to piggyback on? NAF7 Yes ❑ No Additional Information f)QUADCO Reg_ Trans, Plan Ob]. 9 Syatem Capaaty end Improvement h) Whenever posslb(a and practical, the improvement of existing facilities in the transportation system rather than provide new facilities, except wirers new tactlittes promate alternatives to the Single Ooavlaani Vehicle (SOV) andlor are otherwise demonstrated to have a lower coat and higher benefit. (?)The Kittllas county Long Range Transportation Plan (referenced In the County's Comprahenshre Plan) on Page 49 idenlffies: 8-1 Goais - Politcies - Ne*ms: IGttfias County shalt encourage efforts by WSDOT or other agencies that enwurage alternatives to driving atone such as carpoormg and Washington SLate 2 De3mvtmw* of Transportation Construction Projects For 2 -year projects, all of these Milestones must occur before June 30, 2017. For 4 -year projects the following milestones must occur before June 30, 2017: * Design 90% complete • Complete environmental documentation ■ Set contract ad date - Set constmction start date and project completion date Project Schedule i Construction Project Milestones (Critical path milestones are in Bold) Past or planned completion dates (MM/YY) Design 10% c2T fete 08115 Design 30°/fl c to 08115 Desi 600/c Iete 08115 Des' 90% complete IMS lete environmental documentation 10M5 Executive Order 05-05 can lienee 10114 Obtain re uked permits 10115 Land acquire&dgbt of way certification 10114 Utilities 10!14 Ad date 07!16 Bid date we Award date 0511 s Comt cation start date 05116 Construction 250/6 complete 06116 Construction 50% complete 0511s Construction 75% complete Mile qp�radonacar kte Cares Performance Management Plan (PMP) approved by WSDOT 11M5 Fu4y complete 08M6 Site inspection visk by WSDOT Iveshington Stag = Departnent at Trmsportetlon Equipment/Vehicle Project For 2 -year projects, all of mese milestones must occur before June 30, 2017. For 4 -year projects the following milestones must occur before June 30, 2017: Development/approval of fuel specifications Place order V Set delivery date Project Schedule 1EquipmentlVehicle Purchase Milestones (Critical path milestones are in Bold) Past or planned completion dates (nim/yy) RFP of IFB pubfish date Contract award _ Set delivery date First vehicle accepted Fast vehicle service start date All vehicles accepted All new vehicles in service Service ins ction visit by WSDOT Performa ice Manageznant Plan PMP approved by WSDOT Operating Projects For all operating projects the new service must start before October 1, 2016. Operating Project Milestones Past or planned completion (Critical -path nestones are in Bold) dates (mm/yy} Service plan completed Start date established Service start. date Service 'vis ction vise by WSDOT Performance Mcasueemetn Plan (PM?) approved by WSDOT Impact on Congested Corridors Washington slate . .� Department of Trmtsportatlon Identified Bottleneck or Chokepoint ; Level of Service Bottleneck or chokepoint number from map 11,45 The current level of service through the corridor is: Bottleneck of Chokepoint loco*.ion is not on map Varies in Level of Service from C through F Snoqualmie Pass Comment: Describe the congestion problems your proposal addresses. The explanation should relate the project to both the public transportation system and the broader regional transportation system and should clearly demonstrate the co:m.ection between the problem and your proposal. 1-90 is listed as a targeted bottleneck and choke -point for investments in the 2004 Washington Transportation Plan update on Bottlenecks and Choke -points. Although travel delay mostly occurs in urban areas, this major cross state corridor experiences level of service C through F periodically due to the large volume of trips associated with freight, commuting, and recreational travel. Currently, congestion and slowdowns on 1-90 across Snoqualmie Pass follow a few typical patterns. Winter storms cause slowdowns from November through March. Summer time high volumes typically occur Memorial Day through labor Day. Volumes peak in both directions with the heavier congestion occurring eastbound on Friday, and westbound Sunday. When the 1-90 Snoqualmie Pass East improvement project is finished it will have a large impact on traffic. The project is expected to extend into 2020 and will provide an additional lane in each direction just east of the Summit. Simply adding capacity is not the whole answer, travelers need to be encouraged to reduce the number of vehicles on the road by carpooling and vanpooling. The park and ride lot proposed will encourage commuters to consolidate and reduce the single occuoancv vehicle. Other congested areas of concern would be motorists entering the metropolitan area of Puget Sound. Congestion on a daily basis, occurs beginning in the Issaquah area on 1-90. The proposed Park and Ride lot will serve to reduce the number of motorists entering the construction zone on Snoqualmle Pass as well as the metropolitan area on a daily basis. r`?=' Waswngton State System Integration two pages) = _ ' DepartnUat of importation Describe the system integration problems your proposal addresses. For exarnple, indicate how your proposal: © improves multimodal connections and service • establishes or improves connections between counties er urban centers o exemplifies coordination among jurisdictions and/or improves the use of demand management strategies to leverage exisrng services and programs, including Growth and Transportation Bffi6ency Center programs o Limit your response to two pages Improves Multi -modal Connections and Service: The proposed Park and Ride lot off of 1-90, at Exit 78 will improve multi -modal connections and services by encouraging the use of car and van pooling, raising the awareness of the public about alternative forms of transportation, reduce emissions and reduce: ttte use of fossil fuels. By providing a safe and convenient parking facility, Kittitas County and WSDOT are encouraging the consolidation of travelers and the reduction of single occupancy vehicles on the road. Establishes or Improves Connections Between Counties or Urban Centers: The proposed park and ride location is currently used illegally by commuters as an unofficial park and ride. The commuters have established a visible need for Improved facilities In this location. Our project will establish the first park and ride within Kittitas County, in a location East of 5noqualmie Pass along 1-90, providing better connectivity between Kittitas County and the Puget Sound Region. Exemplifies Coordination Among Jurisdictions and/or Improves the use of Demand Management Strategies to Leverage Existing Services and programs, Including Growth and Transportation Efficiency Center Programs: 1-90 over Snoslualmle Pass is the major eaaftest corridor within Washington State. The Kittitas County 1-90, Exit 78 Paris and Ride project improves the use of Demand Management Strategies, within Kittitas County, by providing and encouraging commuters to drive less by organizing ear or van pools. Page i of 2 L_ Washington Stere System Integration (two pages) Rage 2 of 2 i Financial Plan Table Project Activity Total Project Funds Regional MobUity Grant Funds Funding Sources and Amounts Other State Federal Funds Local Funds Feuds Other UseGd Funds Life overhead, solarks, benefits $o a PE/Design $o 0 Park and Ride Surface Lot so a 23 Paris and ride Parking Structure so 50 Transk Center SO 25 Transit O , HOV, and BAT lanes so 20 Bus Bulbs and Sidewalks so 20 PedestriarMiaycle Tra$ ConnccIms so 25 Bus Shelters so 15 Transit SWW Prik $0 15 Security Systema so 10 Passen arBic le Amenities $0 7 Transpnrtatim Demand Management $o 1.5 X length of Now Bus Route, Enending, Increased Fr+egwncy $0 Length of vwl Promotion QutreacWAdvertising $0 1.5 X length of gmat Street train Car a2RM Sta:k so 30 Find C�Adw30 30 Cutaway Bus Van Chassis $0 5 Cutaway Bus Truck Chassis S0 7 RalEng Stock Sims sn 12 Land Acquisition.PutrJose $n a Land Acquisition Lease so — Other 1 5o Z so 3 s0 Total .Project Cost $0 $0 $0 so $0 $0 %of RMG Corarbution to Overall Project. Cost not exceed 80% 096 , or provide an explanation why your project doesn't 8t into any of the above categories. Please see attached Financial Plan Table >ll%SLli1l�tiilt state Department of TranWrta#ion Greenhouse Gas Emission Reduction Policy Statement 1. Has your agency adopted policies to reduce Greenhouse Gas Emissions? Yes Q No 2. Please describe specific goals and objectives of your agency's Greenhouse Gas Emission Reduction Policy, and describe what components it includes, and how it is implemented. On August 34th, 2091 Kittitas County Board of County Commissioners signed resolution no. 2011-076, adopting policies for the reduction of greenhouse gas emissions. Ktttitas County's goals by adopting these policies is to reduce the need for imported oil through the implementation of programs and policies promoting reduced energy bills, green space preservation, air quality improvements, reduced traffic congestion, improved transportation choices, and green house gas emission reduction. Klttitats County's, Washington Greenhouse Gas Emission Reductions Policies include Public Buildings, FleetlVehicles, Equipment, Waste Reduction/Use, Land Use, Global, Public Eduction/Outreach, and Transportation. Kittitas County's overall land use development, code, encourages development within our designated urban growth areas. 3. RCW 70.2.35.070 requires project "consistency" with the state Greenhouse Gas emission limits, and Vehicle Mile Traveled reduction benchmarks found in RCW 47.01.440. Please describe how your proposed project is consistent with RCW 74.235.070. The Kittitas County 1-90, Exit 78 Park and Ride project is consistent with RCW 70.235.070 by identifying and proposing a facility to allow commuters to consolidate and reduce vehicle miles traveled. Our project assumptions and calculations indicate how our project alms to reduce Annual Vehicle Trips within the first year by 4,680 and reduce annual vehicfe miles by 352,872. Our project also shows that by year four we anticipate a 100% increase in users reducing annual vehicle trips by 9,360 and reduce annual vehicle miles traveled by 705,744. w-. °' c vni c rnvrovM��' v, Ln b d ol PO At V S O 0 n 0 'Q g 12 a a ffi ce G9 0 a � pppb� U�} � CQD• oa Qo a00000aoo a o o©c�0000C oao n g vs vi &n I in V9 CAI se Go R, rd9 u9 fin figcl 0 v► fn n _ O N O F S 1 O U R a Jo0 Oi •`� S 52 w im ma ! C7 _Iro 90, Osi, awE-�Fr�a rriF w E- z:� a. 65w 10 N @ id ILI Ili I | � � o CO Elm � u � � . \ ; f �. � AGREEMENT GCB 2170 I-90 Exit 78 Park and Ride Lot Design and Construct Park & Ride Lot Improvement This Agreement for the design and construction of the I-90 Exit 78 Park and Ride Lot improvement is made and entered into between the Washington: State Department of Transportation, hereinafter the "STATE," and Kittitas County, Washington, a political subdivision of the State of Washington, hereinafter the "COUNTY." WHEREAS, the STATE and the COUNTY, in the interest of providing vanpool and carpool capacity and mobility improvements in the I-90 Snoqualmie Pass East Corridor, have planned to expand and improve the park and ride lot, titled " I-90 Exit 78 Park and Ride Lot," hereinafter the "Project'; and WHEREAS, the STATE is the fee owner of the existing park and ride lot site, located on state- owned property; and WHEREAS, the Project consists of those improvements to be designed and constructed by the STATE as shown in Exhibit C; and WHEREAS, the COUNTY is providing the funding for the Project with funds received from a state Regional Mobility grant. The Regional Mobility grant funding represents the total expendable funding for the Project and the total obligation of the COUNTY to fund the Project; any changes to the Project will follow the process stated in Section 4. There are no funds available to be expended on this Project other than the state Regional Mobility grant, NOW, THEREFORE, pursuant to RCW 47.28.140, the above recitals that are incorporated herein as if fully set forth below, and in consideration of the terms, conditions, and performances contained herein, and the attached Exhibits A, B and C which are incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I. PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) 1.1 The STATE, on behalf of the COUNTY, agrees to design and construct the Project in accordance with the terms of this Agreement, the current Standard Specifications for Road, Bridge, and Municipal Construction, and amendments thereto (Standard Specifications) and pursuant to the attached exhibits. Exhibit A is the Project Location, Exhibit B is the Cost Estimate, and Exhibit C is the Plan with work description details. Agreement GCB 2170 1-90 Exit 78 Park & Ride Lot Page 1 of 11 1.2 The COUNTY agrees to participate in 30%, 90% and 100% Plans, Specifications, and Estimate (PS&E) development reviews and to issue a letter of acceptance, conditional acceptance, or rejection of the 100% PS&E for the Project. 1.3 If the COUNTY rejects the 100% PS&E, or the STATE cannot agree to or rejects the COUNTY's conditions of acceptance after the STATE and the COUNTY have in good faith considered the reasons for rejection and both have explored reasonable solutions in order to proceed with the Project as intended herein and the STATE and the COUNTY cannot reach agreement, this Agreement shall automatically terminate and the Project cancelled. The COUNTY agrees to reimburse the STATE for all costs associated with the cancellation of the Project, including costs incurred up to the date of termination. 2, ADVERTISEMENT, BID, AWARD, AND COST ADJUSTMENTS 2.1 The STATE shall advertise the Project for bids. Assuming bids are received and the COUNTY and the STATE agree to accept a bid, the STATE will award the contract. 2.2 Prior to accepting and awarding the bid, the STATE shall provide the COUNTY with written notification of the bid prices for the Project, and the STATE and the COUNTY shall review the bid prices in conjunction with the Regional Mobility grant funding and jointly decide if the grant funding, taking into consideration all potential contingencies, is adequate to fully satisfy the bid price. Once the Parties have verified that the Project funding is adequate, the COUNTY shall have fourteen (14) calendar days from the date of verification of funding to provide the STATE written approval of the bid price for the Project, or request the Project be cancelled. 2.3 In the event of cancellation, the COUNTY agrees to reimburse the STATE for all costs incurred by the STATE associated with the Project. This Agreement shall then terminate upon STATE's receipt of payment for all work completed prior to the date of cancellation. 2.4 If the COUNTY approves the bid price for the Project and the STATE does not award or execute the Project contract, but thereafter re -advertises the Project for bids, the STATE agrees to pay all STATE costs to re -advertise the Project to the extent that the Regional Mobility funds are available to reimburse the STATE for said costs. The COUNTY agrees that the STATE is not responsible for increased bid prices or delay to the Project or other impacts to the COUNTY, resulting from re -advertising the Project. If the STATE shall re -advertise the Project as provided herein, the COUNTY shall accept or reject the bid price as provided in Sections 2.2 and 2.3 above. 2.5 If the COUNTY approves the bid price for the Project and the STATE does not award or execute the Project contract and does not re -advertise the Project for bids, this Agreement shall terminate upon STATE's receipt of all reimbursement payments in accordance with Section 6. The COUNTY agrees that the STATE is not responsible for potential increased costs for the Agreement GCB 2170 1-90 Exit 78 Park & Ride Lot Page 2 of 11 Project, delay to the Project or other impacts to the COUNTY resulting from not awarding the Project contract. 3. CONSTRUCTION 3.1 The STATE will be the COUNTY's representative during construction and will act as owner in the administration of the contract for the Project. The STATE will designate a STATE Project Engineer as STATE's representative to provide all services and tools, including but not limited to construction administration, inspection, materials testing, and representation, necessary to administer and manage the contract to ensure that the Project is constructed in accordance with the contract. 3.2 The COUNTY may at all times consult with and inquire of the STATE Project Engineer, attend all meetings, and have access to all documentation concerning the Project. The COUNTY shall not provide direction, directly or indirectly to the STATE's contractor. All formal contacts between the COUNTY and the contractor shall be through the STATE's representative. 3.3 If it becomes known that field changes or conditions will result in an increase in costs for the Project exceeding the total amount available, the STATE shall within three (3) working days consult with the COUNTY. Both Parties mutually agree to review all available options at that time to move the Project forward, or implement the provisions of Section 4.9. 3.4 The COUNTY may inspect the Project at its sole cost and expense. All contact between the COUNTY's inspector and the contractor shall be only through the STATE's inspector or the STATE's representative identified above. 3.5 The STATE will prepare the final construction documentation in accordance with the STATE's Construction Manual. The STATE will maintain one set of plans as the official "as - built" set, then make notations in red ink of all plan revisions typically recorded per standard STATE practices, as directed by the STATE's Construction Manual. Once the COUNTY has accepted the Project per Section 5, the STATE will provide one reproducible set of as -built plans to the COUNTY within thirty (30) working days following receipt of a request for a set from the COUNTY. 4. CONTRACT CHANGES 4.1 Contract changes are subject to and contingent upon the availability of the state Regional Mobility grants funding to pay for any changes to the Project. If increases in costs as a result of required or elective changes exceed the available grant as provided herein, the STATE shall initiate Project modifications or take such other steps to maintain Project contract costs within the total available state Regional Mobility grant funding. Agreement GCB 2170 1-90 Exit 78 Park & Hide Lot Page 3 of 11 4.2 Changes to the Project contract will be documented by change order in accordance with the Standard Specifications. The STATE shall process change orders for all changes affecting the Project in the manner set forth in subsection 1-2.4C (3), Approval of Changes/Checklist, STATE Construction Manual, current edition. 4.3 Required change orders involve such changes in quantities or alterations to the Project as are necessary to satisfactorily complete the Project. All other change orders affecting the Project shall be considered elective. 4.4 The COUNTY authorizes the STATE to initiate all required changes affecting the Project and to negotiate, document and execute the associated change orders. 4.5 The STATE will advise the COUNTY of any proposed required changes affecting the Project as soon as possible and provide it with an opportunity, if time permits, to review the change before implementation. The STATE will determine the length of the review time based upon the need to expedite the change to avoid delay to the Project contract. 4.6 The COUNTY may request additions to the Project through the STATE in writing. The STATE will implement the requested changes as elective changes, provided that a change complies with the Standard Specifications, Project permits, state and/or federal law, applicable rules and/or regulations, and/or STATE design policies, does not unreasonably delay critically scheduled Project contract activities, and complies with the funding constraints identified in Section 4.1. 4.7. All elective changes to the Project shall be approved in writing by the COUNTY before the STATE directs the contractor to implement the change. The COUNTY agrees to pay for the increases in cost, if any, for such elective changes requested by the COUNTY, subject to available funding and in accordance with Section 6. 4.8 The STATE will make available to the COUNTY all change order documentation related to the Project. 4.4 In the event it is determined that the COUNTY does not have sufficient grant funds to complete the Project, both Parties mutually agree to determine the future of the Project and/or possible modifications or downsizing of the Project to the minimum level of the Project scope as submitted for grant award. Any downsizing or modifications to the Project must be approved by the state Regional Mobility Office and shall first be accomplished by reducing the paved area. If it is determined that the Project cannot proceed, the Project shall be brought to a level that is safe for public use, and the STATE will terminate the remainder of the Project contract. In the event the Project is terminated, Section 5 shall apply for that portion of the Project completed up to the time of termination. The COUNTY agrees to pay all costs associated with termination, and pay all contractor claims (Section 8) in accordance with Section 6. Agreement GCB 2170 E-90 Exit 78 Park & Ride Lot Page 4 of 11 5. ACCEPTANCE 5.1 Prior to Project acceptance, the STATE and the COUNTY will perform a joint final inspection. The COUNTY agrees, upon satisfactory completion of the Project constructed in accordance with the PS&E and receipt of a Notice of Physical Completion, as determined by the STATE, and the close out of the Project by the STATE in accordance with applicable STATE and Federal regulations, to deliver a letter of acceptance which shall include a release of the STATE from all future claims or demands of any nature resulting from the performance of the Project, subject to any contractor claims (Section 8) caused by the negligent acts or omissions of the STATE in administering the Project. 5.2 if a letter of acceptance is not received by the STATE within ninety (90) calendar days following delivery of a Notice of Physical Completion and close out of the Project to the COUNTY, the Project shall be considered accepted by the COUNTY, and the STATE shall be released from all future claims and demands of any nature resulting from the performance of the Project, subject to any contractor claims (Section 8) caused by the negligent acts or omissions of the STATE in administering the Project. 5.3 The COUNTY may withhold its acceptance of the Project by submitting written notification to the STATE within ninety (90) calendar days following delivery of a Notice of Physical Completion of the Project and close out of the Project. This notification shall include the reason(s) for withholding acceptance. The Parties shall then work together to resolve the outstanding issues identified in the COUNTY's written notification. 6. PAYMENT 6.1 The COUNTY, in consideration of the faithful performance of the Project performed by the STATE and its contractor(s), agrees to reimburse the STATE for the actual direct and related indirect costs of the Project, as estimated in Exhibit B- 6.2 The STATE shall provide detailed invoices to the COUNTY for (a) STATE costs incurred as identified in section 6. 1, (b) Project work performed by the STATE's contractor(s), and/or (c) for costs incurred as provided in Sections 1, 2, and 4. The COUNTY agrees to make payment within thirty (30) calendar days from receipt of an invoice. A payment will not constitute agreement as to the appropriateness of any item. At the time of the final invoice, the Parties will resolve any discrepancies. Payments shall be sent to: Invoices shall be sent to: Washington State Department of Kittitas County Public Works Department Transportation c/o Kathy Jurgens Attn: Cashier 411 N. Ruby Street, Suite 1 P.O. Box 47305 Ellensburg, WA 98926 Olympia, WA 98504-7305 Agreement GCB 2170 1-90 Exit 78 Park & Ride Lot Page 5 of 11 6.3 Notwithstanding the foregoing, the STATE and the COUNTY recognize the Project is funded by the state Regional Mobility grant which expires on June 30, 2017. Only Project costs incurred by June 30, 2017 and paid by the COUNTY not later than July 8, 2017, are eligible to be reimbursed from the state Regional Mobility grant. The STATE agrees to exercise best efforts to schedule Project construction, purchase of materials, and perform the construction so that as much of the Project costs will occur by June 30, 2017, with payment made by July 8, 2017. This will allow the COUNTY to fully expend the state Regional Mobility grant funding. 7. RIGHT OF ENTRY 7.1 The STATE hereby grants to the COUNTY and its authorized agents and employees, a right of entry upon all land in which the STATE has an interest, including a leasehold interest, for the purpose of inspection, per Sections 3.4 and 5.1. 8. CLAIMS 8.1 Claims for Additional Payment 8.1.1 In the event the contractor makes claims for additional payment associated with the Project, the STATE will immediately notify the COUNTY of such claims. Such claims shall be made in the manner and form as provided for in the Standard Specifications. 8.1.2 The COUNTY shall not be obligated to pay such claims or cost of defense to the extent that the claims are caused by the negligent acts or omissions of the STATE in administering the Project. 8.1.3 The COUNTY shall have the right to review and comment on any settlement for claims associated with the Project; however, the STATE shall have the ultimate decision and right to settle such claims. If agreement cannot be reached between the COUNTY and the STATE on a claim settlement, the Parties agree to follow the dispute resolution procedure in Section 10.6. 9. OWNERSHIP, OPERATION and MAINTENANCE Upon the COUNTY's acceptance of the Project as provided in Section 5, the STATE shall be the owner of the Project improvements constructed on state owned right of way, and thereafter be solely responsible for operation and maintenance of the Project. 10. GENERAL PROVISIONS 10.1 Amendment: This Agreement maybe amended or modified only by the mutual Agreement of the STATE and the COUNTY. Such amendments or modifications shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties_ Agreement GCB 2170 1-90 Exit 78 Park & Ride Lot Page 6 of 11 No verbal agreement may supersede, replace, or amend this section. 10.2 Termination: Neither the STATE nor the COUNTY may terminate this Agreement without the written concurrence of the other Party, except as otherwise provided under Sections 1.3, 2.2, 2.3, 2.5, or 4.9. 10.2.1 If this Agreement is terminated prior to the fulfillment of the terms stated herein, the COUNTY agrees to reimburse the STATE for all costs in accordance with Section 6 which the STATE has incurred for the Project up to the date of termination, as well as the costs of all non -cancelable obligations and/or contractor claims. 10.2.2 Any termination of this Agreement shall not prejudice any rights or obligations accrued to the STATE and the COUNTY prior to termination. 10.3 Independent contractor: The STATE shall be deemed an independent contractor for all purposes, and the employees of the STATE or any of its contractors, subcontractors, consultants, and the employees thereof, shall not in any manner be deemed to be employees of the COUNTY. 10.4 Indemnification: 10.4.1 The Parties shall protect, defend, indemnify, and hold harmless each other and their employees, authorized agents, and/or contractors, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and/or property), arising out of, or in any way resulting from, the Parties' obligations and the construction of the Project to be performed pursuant to the provisions of this Agreement. The Parties shall not be required to indemnify, defend, or save harmless the other Party if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the negligence of the other Party, its employees, authorized agents, and/or contractor; provided that, if such claims, suits, or actions result from the concurrent negligence of (a) the STATE, its employees, authorized agents, and/or contractors and (b) the COUNTY, its employees, authorized agents, and/or contractors, or involves those actions covered by RCW 4.24.115. The indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of each Party, its employees, authorized agents, and/or contractors. 10.4.2 The COUNTY agrees that its obligations under this section extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents while performing work under this Agreement while located on state-owned right of way_ For this purpose, the COUNTY, by mutual negotiation, hereby waives with respect to the STATE only, any immunity that would otherwise be available to it against such claims under the industrial Insurance provisions chapter 51.12 RCW Agreement GCB 2170 1-90 Exit 78 Park & Ride Lot Page 7 of 11 10.4.3 This indemnification and waiver shall survive the termination of this Agreement - 10.5 Disputes: In the event that a dispute arises under this Agreement, it shall be resolved as follows: The STATE and the COUNTY shall each appoint a member to a disputes board; these two members shall select a third board member not affiliated with either Party. The three- member board shall conduct a dispute resolution hearing that shall be informal and unrecorded. An attempt at such dispute resolution in compliance with aforesaid process shall be a prerequisite to the fling of any litigation concerning the dispute. The Parties shall equally share in the cost of the third disputes board member; however, each Party shall be responsible for its own costs and fees. 10.6 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties agree that any such action or proceedings shall be brought in Thurston County Superior Court. Further, the Parties agree that each will be solely responsible for payment of their own attorney's fees, witness fees, and costs. 10.7 Audits/Records: All records for the Project in support of all costs incurred shall be maintained by the STATE for a period of not less than six (6) years. The COUNTY shall have MI access to and right to examine said records during normal business hours and as often as it deemed necessary. Should the COUNTY require copies of any records, the STATE will provide copies of the records at no cost to the COUNTY. The Parties agree that the work performed herein is subject to audit by either or both Parties and/or their designated representatives, and/or state of Washington and/or the federal government. 10.8 Term of Agreement: Unless otherwise provided herein, the term of this Agreement shall commence as of the date this Agreement is fully executed and shall continue until the Project is accepted by the COUNTY pursuant to Section 5 or as otherwise provided herein, and all obligations for payment have been met. 10.9 Working Days: Working days for this Agreement are defined as Monday through Friday, excluding Washington State holidays per RCW 1.16.050. Agreement GCB 2170 1-90 Exit 78 Park & Ride Lot Page 8 of 12 IN WITNESS WHEREOF the Parties hereto have executed this Agreement as of the Patty's date signed last below. ADOPTED this _ day of Approved as to Form: Prosecutor Review # Neil Caulkins, Civil Deputy signing for Gregory L. Zernpel Prosecuting Attorney ATTEST: CLERK OF THE BOARD 2015 at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Gary Berndt, Chairman Obie O'Brien, Vice -Chairman Julie A. Kjorsvik Paul Jewell, commissioner Agreement GC9 2170 1-90 Exit 78 Park & Ride Lot Page 9 of 11 STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION 67 W. Brian White, Interim Region Administrator Date: APPROVED AS TO FORM: 0 Aline E. Salay, Senior Counsel Date: Agreement GC8 21.70 1-40 Exit 78 Park & Ride Lot Page 10 of 11 STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION W. Brian White, Interim Region Administrator Date: APPROVED AS TO FORM: Anne E. Salay, Senior Counsel Date: Agreement GCB 2170 1-90 Exit 78 Parc & Ride Lot Page 11 of 11 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT WORK SESSION DATE: TOPIC: ACTION REQUESTED: LEAD STAFF: Mark R. Cook December 28, 2015 Airport Plan Advisory Group Direct Staff Formulate the Airport Plan Advisory Group (PAG) RECOMMENDATION: Direct staff formulates the airport master plan update advisory group. BACKGROUND: Recently, the airport advisory board met discussing staffing for the airport master plan update pian advisory group (PAG). Previously, the Board indicated a desire for a mix of interest representing the advisory board; local neighbors, lessees, and planning interest. DISCUSSION: The advisory board is proposing the following mix of interest staffing the PAG: • Three advisory board members (Jim Libenow, Keith Riexinger and Sundaram Nataraja (pending Board appointment representing CWU). Two airport neighbors (Steve Willard and Teresa Sloan) • Three others (Midstate, DNR and IASCO) Two ex -officio (Kittitas County CDS planning staff, and City of Ellensburg planning staff) n One member of the BOCC (Board of County Commissioners) The Public Works Director is assigned staff to the effort Providing the mix is acceptable to the BOCC, staff will contact Midstate, DNR and IASCO and notice the Board of selected members. Century West is anxious to get underway mid-January 2016. In a separate action, the advisory voted to recommend appointment of Sundaram Nataraja as the Central Washington University board representative. FISCAL IMPACTS: Meeting space rental supporting the effort estimated at $800 for 2016. ATTACHMENTS: Exhibit 1: "Sample Roles and Responsibilities" - PAG Page 7 of 1 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT HOOD RIVER AIRPORT- KEN J£RNSTEDT FIELD MASTER PLAN - PLANNING ADVISORY COMMITTEE (PAC) ROLES & RESPONSIBILITIES What the Master Plan Advisory Committee does: The Ken Jernstedt Field - Hood River Airport Master Plan Planning Advisory Committee (PAC) provides input on draft Master Plan chapters, in written form and through PAC meetings/work sessions regarding specific topics such. as the inventory of existing conditions, forecast demand, required facilities to meet demand, the analysis of alternative layouts, a'rport noise, and airport operational issues. Comments will be submitted to the Port for review. The Port, as the Airport owner, will provide direction to the consultant and a final copy will be assembled in accordance with requirements for an Airport Master Plan. The final document will be submitted for review by Port staff members and presented to the Port Commission for adoption. The Master Plan Advisory Committee members will actively seek the input from their peer groups and will be expected to manage the expectations of the groups they represent. What the Master ?Ian Advisory Committee does not do. The Master Plan Advisory Committee does not vote on issues. it is 3 collaborative effort conducted within the confines of a federally funded Mapter Plan using an FAA accepted scope with the understanding that the final product will be a document recognizing and planning for the current and expected changes to the airport during the planning period. The Master Plan Advisory Committee is not authorized to incur costs that will not be supported by the funding provided by the FAA for this project. The Master Plan Advisory Committee is not an advocate group, either Individually or corporately. Mutual respect and expertise on a given subject will determine the validity of each members input with the understanding that the Master Plan must serve multiple users with efficiency, safety and environmental consideratlon as they pertain to aviation. Commktee Members Committee members will review materials and provide timely feedback; will actively participate in committee meetings; and will fulfill committee work group assignments. Each committee member will respect the right of other to express their opinions and beliefs. Consultant The consultant will provide materials requiring committee member review; will keep a record of committee member input and recommendations; and will integrate committee feedback, as directed by the Port, into the update to the Airport Master Plan documents. Port Staff Port staff will encourage full committee member participation and will work with the consultant and committee to ensure work follows the FAA -approved scope of work and schedule. KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT WORK SESSION DATE: TOPIC: ACTION REQUESTED: LEAD STAFF: Mark R. Cook December 28, 2015 Airport Disadvantage Business Enterprise (DBE) Policy Adopt the Airport DBE Policy RECOMMENDATION: Adopt the Federal Aviation Administration's disadvantaged business enterprise policy for use at Bowers Field airport. BACKGROUND: Public Works has an adopted disadvantaged business enterprise (DBE) policy that is utilized on all federal aid highway improvement projects (Federal Highway Administration). The policy is closely monitored for compliance by the Washington State Department of Transportation. Recently, public works received a Federal Aviation Administration (FAA) grant supporting an update of the airport's master plan. As a part of document execution, the FAA is requesting that Kittitas County adopt its disadvantage business enterprise policy_ Responding to the request, we sent the FAA our adopted FHWA policy — which they have rejected. DISCUSSION: Public Works has worked with Century West (consultant) developing a FAA compliant DBE policy for Board of County Commission consideration. It is unlikely that the County will be successful making any significant changes to the FAA policy prior to adoption. None the less, we will submit the draft policy for Prosecuting Attorney review at the request of the Commission. Staff has also compared the policy created by Century West with that of the FAA and is providing a "tracked changes copy incorporating desired alterations based on review of the FAA copy. FISCAL IMPACTS: Funding of the airport master plan may be a risk if we do not adopt the requested FAA DBE policy. ATTACHMENTS: Exhibit 1: Draft FAA DBE Policy. Page 1 of 1 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT August 19. 2015 DEPARTMENT OF TRANSPORTATION DBE PROGRAM — 49 CFR PART 26 SAMPLE DBE PROGRAM DOT published Part 26 in the Federal Register on February 2, 1599, and it became effective March 4, 1999 (64 F.R. 5096). It made extensive revisions to DOTS QBE program, formally administered under 49 CFR Pari 23. The Final Rule to 49 CFR Part 26 was published in the Federal Register, Volume 68, No. 115 on June 16, 2043. Five (5) subsequent Final Rules to 49 CFR Part 26 were published in the Federal Register on April 2, 2007, April 3, 2009, February 3, 2010, January 28, 2011 and October 2, 2014, which made additional revisions to the regulation. The e -version of the regulations has combined all of these documents into one for easy reading We are providing this Sample DBE Program for informational purposes, and recipients are not required to use it or its fiormat. This Sample Program Is NOT official U.S. Department of Transportation (DOT) guidance. This Sample Program is a revised version of the original version prepared by the DOT. It has been modified by FAA staff and has not yet been reviewed by the General Counsel of the Department of Transportation for consistency with the language and intent of 49 CFR Part 26. However, reeiplents may wish to use it as a guide in preparing their program documents. Recipients may customize the sample program to fit their circumstances. At a number of points, the Sample DBE Program refers to provisions of Part 26. Recipients may quote referenced portions of the rule in their program if they wish, but they are not required to do so. The Sample DBE Program also provides language for some documents that are part of the program (e.g., policy statements, contract clauses). Except where otherwise noted, recipients are not required to use this language, and may use their own language as long as it meets regulatory requirements. In the sample program, we have Inserted instructions and notes In italics. Recipients should Include Nalicked'secdons In their program documents. You may obtain an electronic version of this document, from FAA Office of Civil Rights website: Ilrpgunv.1,daru�ufrFtoe Luurne, ru7�s ar�uit rxrrRilrr.! i� Page 1 of 44 August 49, 2015 POLICY STATEMENT Section 28.1, 26,23 ObjectivesiPolicy Statement The owner of Bowers Field has established a Disadvantaged Business Enterprise (DBE) Program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of the to ensure that DBEs as defined in Part 26, have an equal opportunity to receive and participate in DOT— assisted contracts. It is also our policy: 1. To ensure nondiscrimination in the award and administration of DOT— assisted contracts; 2. To create a level playing field on which DBEs can compete fairly for DOT - assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 GFR Part 26 eligibility standards are permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT assisted contracts; 6. To promote the Use of DBEs in all types of federally -assisted contracts and procurement activities; 7. To assist the development of firms that can compete successfully in the market place outside the DBE Program; and 8. To provide appropriate flexibility to recipients of Federal financial assistance in establishing and providing opportunities for DBEs. Candie Leader, Administrative Assistant has been delegated as the DHE Liaison Officer. In that capacity, Candie Leader is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the in its financial assistance agreements with the Department of Transportation. f has reviewed this policy. We have distributed this statement to DBE and non -DBE business communities that perform work for lis on DOT -assisted contracts. The distribution was accomplished by posting a link to the plan on the website. Candie Leader, Administrative Assistant Page 2 of 44 August 19, 2015 SUBPART A — GENERAL REQUIR;EMEATS Section 26.1 Objectives The objectives are found in the policy statement on the first page of this program. Section 26.5 Appllcabllity The authorized by 49 U.S.C. 47101, at seq. Section 26.5 Definitions is the recipient of Federal airport funds The will use terms in this program that have the meaning defined in Section 26.5. 1 Section 26.7 tion-discrlminatlon Requirements The will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national origin. Section 26.71E Record Keeping Requirements Reoortin4_to_ DOT: 26.11 (b) You must continue to provide data about your DBE Program to the Department as directed by DOT operating administrations. We will report DBE participation to DOT/FAA as follows: We will transmit to FAA annually on December 1, the "Uniform Report of DBE Awards or Commitments and Payments' form, found in Appendix B to this part. We Page 3 of 44 Formatted: List Paragraph, Numbered + Level: 1 + Numbering Wr. 1, 2, 3, ... + start at 1 + Alignment: Ldt+ ABgned at: 0.751 + tndentat 0s' Formatted: Fant (wf u t) Arial August 19, 2016 will also report the DBE contractor firm information either on the FAA DBE Contractor's Form or other similar format. We will begin using the revised Uniform Report of DBE Awards or Commitments and Payments for reporting FY 2015 reports due December 1, 2015. Bidders List; 26.11(c) The will create and maintain a bidders list. The purpose of the list is to provide as accurate data as possible about the universe of DBE and non -DBE contractors and subcontractors who seek to work on our DOT -assisted contracts fior use in helping to set our overall goals. The bidders list will include the name, address, DBE and non -DBE status, age of firm, and annual gross receipts of firms. We will collect this information in the following ways: Inclusion of a Bidders List in project bidding documents. A copy of the proposed list is included in Attachment 3. Section 26.13 Federal Financial Assistance Agreement The has signed the following assurances, applicable to all DOT -assisted contracts and their administration: Assurance: 26.13(a) - Each financial assistance agreement the signs with a DOT operating administration (or a primary recipient) will Include the following assurance: The . shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The 's DBE program, as required by 49 CFR part 28 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 CFR part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3501 at seq. ). Page 4 of 44 August 19, 2018 Contract Assurance: 25.13b — The will ensure that the following clause is included in each contract we sign with a contractor and each subcontract the prime contractor signs with a subcontractor: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -misted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non -responsible. SUBPART B - ADMINl TRATNE REQUIREMENTS Section 26.21 DBE Program Updates The is required to have a DBE program meeting the requirements of this part as it will receive gram for airport planning or development and will award prime contracts, cumulative total value of which exceeds $250,000 in FAA funds in a federal fiscal year. We are not eligible to receive DOT financial assistance unless DOT has approved our DBE program and we are in compliance with it and this part. We will continue to carry out our program until all funds from DOT financial assistance have been expended. We do not have to submit regular updates of our program, as long as we remain in compliance. However, we will submit significant changes in the program for approval. Section 26.23 Policy Statement The Policy Statement is elaborated on the first page of this DBE Program Section 26.25 DBE Liaison Officer (DBELO) We have designated the following indMduaf as our DBE Liaison Officer. Candie Leader Administrative Assistant 419 H Ruby St Ellensburg, WA 98926 509-962-7699 candie.leader@co.kittJtas.wa.us. Page 5 of 44 August 19, 2015 In that capacity, the DBELO is responsible for implementing all aspects of the QBE program and ensuring that the complies with all provision of 49 CFR Part 26. The DBELO has direct, independent access to the Parks Board conceming DBE program matters. An organization chart displaying the DBELO's position in the organization is found in Attachment 2 to this program. The DBELO is responsible for developing, implementing and monitoring the QBE program, in coordination with other appropriate officials. The DBELO has direct access to the district's attorney and the Airport Engineer of record to assist in the administration of the program. The dudes and responsibil Iles include the following: 1. Gathers and reports statistical data and other information as required by DOT. 2. Reviews third party contracts and purchase requisitions for compliance with this program. 3. Works with all departments to set overall annual goals. 4. Ensures that bid notices and requests for proposals are available to DBEs in a timely manner. 6. Identifies contracts and procurements so that DBE goals are included In solicitations (both race -neutral methods and contract specific goats) and monitors results. 6. Analyzes 's progress toward attainment and identifies ways to improve progress. 7. Participates in pre-bid meetings. 8. Advises the CMgoverning body on DBE matters and achievement. 9. . Determine contractor compliance with good faith efforts. 44-10- Provides DBEs with information and assistance in preparing bids, obtaining bonding and insurance. 4211, Plans and participates in DBE training seminars. 43-.12. Acts as liaison to the Uniform Certification Process. 44.13. Provides outreach to DBEs and community organizations to advise them of opportunities. 4&14. Maintains the agency's updated directory on certified DBEs. Section 26.27 DBE Financial Institutions It is the policy of the .. to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community, to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT -assisted contracts to make use of these institutions. An effort to Identify DBE financial institutions is included in the goal calculation included In Attachment S. Similar efforts will be made whenever a new goal is set. Page 6 of 44 ron, : hxW: Lert 0.5, No bullets a numbering August 19, 2015 Section 26.29 Prompt Payment Mechanisms The has established, as part of its DBE Program, a contract clause to require prime contractors to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment you make to the prime contractor. We will ensure prompt and full payment of retainage from the prime contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed. We will use the following method to comply with this requirement: Haid retainage from prime contractors and provide for prompt and regular incremental acceptances of portions of the prime contract, pay retainage to prime contractors based on these acceptances, and require a contract clause obligating the prime contractor to pay all retainage owed to the subcontractor for satisfactory completion of the accepted work within 30 days after your payment to the prime contractor. will consider a subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the When has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. The will provide appropriate means to enforce the requirements of this section. These means include: o Contract provisions included in bidding documents The will include the following clause in each DOT -assisted prime contract.- The ontract: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced timeframe may occur only for good cause following written approval of the This clause applies to both DBE and non - DBE subcontractors. Section 26.31 Directory Page 7 of 44 August 19, 2445 The uses the State of Washington DBE directory, maintained by the State. The directory lists the firm's name, address, phone rumber, and the type of work the firm has been certified to perform as a DBE. In addition, the directory lists each type of work for which a firm is eligible to be certified by using the most specific NAICS code available to describe each type of work. The state UCP revises the Directory daily. We make the Directory available by listing the website where the interested persons may access the directory. The Directory may be found at http.,1Avsdot.wa.goviPartners OMWBF..IDBEDirectoryJ Sectlon 26.33 Over -concentration The _ has not identified that over -concentration e)dsts in the types of work that DBEs perform. Section 26.35 Business Development Programs The has not established a business development program. Section 26.37 Monitoring and Enforcement Mechanisms The will take the following monitoring and enforcement mechanisms to ensure compliance with 49 GFR Part 26. 1. We will bring to the attention of the Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 26.107. 2. We will implement similar action under our own legal authorities, including responsibility determinations In future contracts. Attachment 7 lists the regulation, provisions, and contract remedies available to us in the events of non-compliance with the DBE regulation by a participant in our DBE Program. 3. We will implement a monitoring and enforcement mechanism to ensure that work committed to DBEs at contract award or subsequently (i.e., as the result of modification to the contract) is actually performed by the DBEs to which the work was committed. 4. We will implement a monitoring and enforcement mechanism that will include written certification that we have reviewed contracting records and monitored work sites for this purpose. This will be accomplished by subcontractor verification through onsite construction observation, review of letter of intent commitments submitted by the Page 8 of 44 August 78, 2075 prime contractor, and requests of statement of final amounts paid to DBE subcontractors at project closeout 5. We will implement a mechanism that will provide for a running tally of actual DBE attainments (e.g., payment actually made to DBE firms), Including a means of comparing these attainments to commitments. In our reports of DBE participation to DOT, we will show both commitments and attainments, as required by the DOT uniform reporting form. Section 26.39 Fostering small business participation. The has created a Small Business element to structure contracting requirements to facilitate competition by small business concerns, taking all reasonable steps to eliminate obstacles to their participation, including unnecessary and unjustified bundling of contract requirements that may preclude small business participation in procurements as prime contractors or subcontractors. The 's small business element is incorporated as Attachment 10 to this DBE Program. We will actively implement the program elements to foster small business participation; doing so is a requirement of good faith implementation of our DBE program. 8UBPART C — GOALS. GOOD FAITH EFFORTS, AMD COUNTING Section 26.43 Set -asides or Quotas The administration of this QBE program. Section 26.45 Overall Goals does not use quotas in any way in the The will establish an overall DBE goal covering a three-year federal fiscal year period if we anticipate awarding DOTIFAA funded prime contracts the cumulative total value of which exceeds $250,000 during any one or more of the reporting fiscal years within the three-year goal period. In accordance with Section 26.45 . the will submit its Overall Three-year DBE Goal to FAA by August tst as required by the established schedule below. Airport Type Region Date Due Next Goal Due (Goal Period) (Goal Perlod) Large & Medium All Regions August 1, 2013 August 1, 2016 Hub Primary (2014/201512016) (20171201812019) Small Hub All Regions August 1, 2014 August 1, 2017 Page 9 of 44 Primary Non -Hub Primary All Regions Non -Primary • Central, (GAs, Relievers Southwest, and and State DOTS) Western -Pacific August 19, 2015 (2015/201612017) (20181201912020) August 1, 2015 August 1, 2018 (20161201712018) (20191201012021) August 1, 2015 August 1, 2018 (20161201712018) (20191202012021) The DBE goals will be established in accordance with the 2 -step process as specified in 49 CFR Part 26.45. If the does not anticipate awarding DOT/FAA funded prime contracts the cumulative total value of which exceeds $250,000 during any of the years within the three-year reporting period, we will not develop an overall goal; however this DBE Program will remain in effect and the . will seek to fulfill the objectives outlined in 49 CFR Part 26.1. Step t. The first step is to determine the relative availability of DBEs in the market area, "base figure". We will use DBE Directories and Census Bureau Data as a method to determine our base figure. The second step Is to adjust the "base figure" percentage from Step 1 so that it reflects as accurately as possible the DHE participation the recipient would expect in the absence of discrimination based on past participation, a disparity study and/or information about barriers to entry to past competitiveness of DBEs on Contracts. Any methodology we choose will be based on demonstrable evidence of local market conditions and be designed to ultimately attain a goal that is rationally related to the relative availability of DBEs in our market. We understand that the exclusive use of a list of prequalifled contractors or plan holders, or a bidders list that does not comply with the requirements of paragraph (c)(2) of this section (above), is not an acceptable altemative means of determining the availability of DBEs.] Step 2. Once we have calculated a base figure, we will examine all of the evidence available In our jurisdiction to determine what adjustment, if any, is needed to the base figure to arrive at our overall goal. If the evidence does not suggest an adjustment is necessary, then no adjustment shall be made. 26.45 In establishing the overall goal, the will provide for consultation and publication. This includes consultation with minority, women's and general contractor groups, community organizations, and other officials or organizations which could be expected to have Information concerning the availabiiity of disadvantaged and non -disadvantaged businesses, the effects of discrimination on opportunities for DBEs, and the 's efforts to establish a level playing field for the participation of DBEs. The consultation will include a scheduled, direct, interactive exchange (e.g., a face-to-face meeting, video conference, teleconference) with as many interested stakeholders as Page 10 of 44 August 19.2015 possible focused on obtaining information relevant to the 's goal setting process, and it will occur before we are required to submit our goal methodology to the operating administration for review pursuant to paragraph (f) of this section. We will document In our goal submission the consultation process that we engaged in. Notwithstanding paragraph (f)(4) of this section, we will not implement our proposed goal until we have complied with this requirement. In addition, the will publish a notice announcing our proposed overall goal before submission to the operating administration on August 1st. The notice will be posted on our official internet web site and maybe posted in any other sources (e.g., minority -focused media, trade association publications). If the proposed goal changes following review by the operating administration, the revised goal will be posted on our official Internet web site. We will inform the public that the proposed overall goal and its rationale are available for inspection during normal business hours at our principal office and that the . and DOTIFAA viii accept comments on the goals for 30 days from the date of the notice. Notice of the comment period will include the addresses to which comments may be sent (including offices and websites) where the proposal may be reviewed. The public comment period will not extend the August 'l" deadline. Our Overall Three -Year DBE Goal submission to DOTIFAA will include a summary of information and comments received, if any, during this public participation process and our responses. We will begin using our overall goal on October 1 of the reporting period, unless we have received other instructions from DOT. Section 26.45 (. ) - Project Goals If permitted or required by the FAA Administrator we wilt express our overall goals as a percentage of funds for a particular grant or project or group of grants and/or projects, including entire projects. Like other overall goals, a project goal may be adjusted to reflect changed circumstances, wlfh the concurrence of the appropriate operating administration. A project goal is an overall goal, and must meet all the substantive and procedural requirements of this section pertaining to overall goals. A projectgoal covers the entire length of the project to which it applies. The project goal should Include a projection of the DBE participation anticipated to be obtained during each fiscal year covered by the project goal. The funds for the project to which the project goal pertains are separated from the base from which your regular overall goal, applicable to contracts not part of the project covered by a project goal, is calculated. If we establish a goal on a project basis, we will begin using our goal by the time of the first solicitation for a DOT -assisted contract for the project. Section 26.45( ) - Prior Operating Administration Concurrent Page 11 of 44 August 99, 2095 The understands that we are not required to obtain prior operating administration concurrence with our overall goal. However, if the operating administration's review suggests that our overall goal has not been correctly calculated or that our method for calculating goals is inadequate, the operating administration may, after consulting with us, adjust our overall goal or require that we do so. The adjusted overall goal is binding. In evaluating the adequacy or soundness of the methodology used to derive the overall goal, the U.S. DOT operating administration will be guided by the goal setting principles and best practices identified by the Department in guidance issued pursuant to § 26.6. A description of the methodology to calculate the overall goal and the goal calculations can be found In Attachment 5 to this program. Section 26.47 Failure to meet overall goals. The will maintain an approved QBE Program and overall DBE goal, if applicable as well as administer our DBE Program in good faith to be considered to be in compliance with this part. If the awards and commitments shown on our Uniform Report of Awards or Commitments and Payments at the and of any fiscal year are less than the overall goal applicable to that fiscal year, we will do the following in order to be regarded by the Department as implementing your DBE Program in good faith: (1) Analyze In detail the reasons for the difference between the overall goal and our awards and commitments In that fiscal year; (2) Establish specific steps and milestones to correct the problems we have identified In our analysis and to enable us to meet fully your goal for the new fiscal year, (3) The will prepare, within 90 days of the end of the fiscal year, the analysis and corrective actions developed under paragraph (1) and (2) of this section. We will retain copy of analysis and corrective actions in records for a minimum of three years, and will make it available to FAA upon request. Section 26.51(a Breakout of Estimated Race -Neutral & Race -Conscious Participation (a) The . will meet the maximum feasible portion of its overall goal by using race -neutral means of facilitating race -neutral DBE participation. Race -neutral DBE participation includes any time a DBE wins a prime Page 12 of 44 August 19, 2015 contract through customary competitive procurement procedures or is awarded a subcontract on a prime contract that does not carry a DBE contract goal. Race -neutral means include, but are not limited to the following; (1) Arranging solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules in ways that facilitate participation by DBEs and other small businesses and by making contracts more accessible to small businesses, by means such as those provided under §26.39 of this part. (2) Providing assistance In overcoming limitations such as inability to obtain bonding or financing (e.g., by such means as simplifying the bonding process, reducing bonding requirements, eliminating the Impact of surety costs from bids, and providing services to help DBEs, and other small businesses, obtain bonding and financing); (3) Providing technical assistance and other services; (4) Carving out Information and communications programs on contracting procedures and specific contract opportunities (e.g., ensuring the inclusion of DBEs, and other small businesses, on recipient mailing lists for bidders; ensuring the dissemination to bidders on prime contracts of lists of potential subcontractors; provision of information in languages other than English, where appropriate); Ka f ��N�ufip��+�►xe e� ox�xam� ��ao M,4rur► rtErr * m�u 1w� �q+ = n mom Wj, -1 (6. Providing services to help DBEs, and other small businesses, Increase opportunities to participate in a variety of kinds of work, handle increasingly significant projects, and achieve eventual self- sufficiency; ( ) ssist new, start-up firms, particularly in fields in which DBE participation has historically been low; ( ) Ensuring distribution of your DBE directory, through print and electronic means, to the widest feasible universe of potential prime contractors; and ( ) Assisting DBEs, and other small businesses, to develop their capability to utilize emerging technology and conduct business through electronic media. The breakout of estimated race -neutral and race -conscious participation can be found in Attachment 5 to this program. Page 13 of 44 August 19, 2015 Section 26.51( 1 Contract Goals The will arrange solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules in ways that facilitate participation by DBEs and other small businesses and by maldng contracts more accessible to small businesses, by means such as those provided under § 26.38 If our approved projection under paragraph ( ) of this section estimates that we can meet our entire overall goal for a given year through race -neutral means, we will implement our program without setting contract goals during that year, unless it We will establish contract goals only on those DOT -assisted contracts that have subcontracting possibilities. We need not establish a contract goal on every such contract, and the size of contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work, availability of DBEs to perform the particular type of work.) We will express our contract goals as a percentage of the total amount of DOT- assisted O -assisted contract. Section 25.53 Good Faith Efforts Procedures I Demonstration of 000d faith efforts (26.53(a) The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith efforts are bund in Appendix A to Part 26. Candie Leader, Administrative Assistant, is responsible for determining whether a bidder/offeror who has not met the contract goal has documented sufficient good faith efforts to be regarded as Responsive. We will ensure that all information is complete and accurate and adequately documents the bidderlofferors good faith efforts before we commit to the performance of the contract by the bidder/offeror. information to be submitted (26.53(b)) In our solicitations for DOTIFAA-assisted contracts for which a contract goal has been established, we will require the following: (1) Award of the contract will be conditioned on meeting the requirements of this section; (2) All bidders or offerors will be required to submit the following information to the recipient, at the time provided in paragraph (b)(3) of this section: Page 14 of 44 August 19, 205 (1) The names and addresses of DBE firms that will participate in the contract; Qi) A description of the work that each DBE wilt perform. To count toward meeting a goal, each DBE firm must be certified in a NAICS code applicable to the kind of work the firm would perform on the contract; (1it) The dollar amount of the participation of each DBE firm participating; (iv) Written documentation of the bidder/offeroes commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; and (v) Written confirmation from each listed DBE firm that It is participating in the contract in the kind and amount of work provided in the prime contractor's commitment. (vi) if the contract goal is not met, evidence of gond faith efforts (see Appendix A of this part). The documentation of good faith efforts must include copies of each DBE and non -DBE subcontractor quote submitted to the bidder when a non -DBE subcontractor was selected over a DBE for work on the contract; and (3) We will require that the bidder/offeror present the information required by paragraph (b)(2) of this section. iP1Z'{ f. = d" NO r-tMICAyr(Mt- -no it rw^,�raRuyiN�i 'i 6ihh nfe4, a -WO1 +k=rtr L,4f UG47.BF6LN Administrative reconsideration (25.53( )] Within 2 business clays of being informed by the •,..t,r,j Ai w:±. -=r,.,."i fr 0'I1 i1. that it is not responsive because it has not documented sufficient good faith efforts, a bidder/offeror may request administrative reconsideration. Bidder/offerors should make this request in writing to the following reconsideration officiai: Candie Leader 411 N Ruby 5t Suite 1 Ellensburg, WA 98926 (509) 962.7699 The reconsideration official will not have played any role in the original determination that the bidder/offeror did not document sufficient good faith efforts_ As part of this reconsideration, the bidder/offeror will have the opportunity to provide written documentation or argument concerning the issue of whether It met the goal or made adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with our reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do. We will send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the Page 15 of 44 August 19, 2015 reconsideration process is not administratively appealable to the Department of Transportation. .GQQ-d Faith Efforts procedures in situations when there are contract acals 26.53 We will include in each prime contract a provision stating: The contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains your written consent and That, unless our consent is provided , the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. We will require the contractor that is awarded the contract to make available upon request a copy of all DBE subcontracts. The subcontractor shall ensure that all subcontracts or an agreement with DBEs to supply labor or materials require that the subcontract and all lower tier subcontractors be performed in accordance with this part's provisions. In this situation, we will require the prime contractor to obtain our prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. We will require that a prime contractor not terminate a DBE subcontractor listed in response to paragraph (b)(2) of this section (or an approved substitute DBE firm) without our prior written consent This includes, but not limited to, instances in which a prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non -DBE firm, or with another DBE firm. We will provide such written consent only if we agree, for reasons stated in our concurrence document, that the prime contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the following circumstances: The listed DBE subcontractor falls or refuses to execute a written contract; The listed DBE subcontractor fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards. Provided however, that good cause does not exist if the failure or refusal of the DBE subcontractor to perform its work on the subcontract results from the bad faith or discriminatory action of the prime contractor; . The listed DBE subcontractor fails or refuses to meet the prime contractor's reasonable, non-discriminatory bond requirements. MU4 —The listed DBE subcontractor becomes bankrupt, insolvent, or exhibits credit unworthiness; Page 16 of 44 rvrm, - -, , : Lidex Let 13.7, No bulreb or numbering August 19, 2013 WIL The listed DBE subcontractor is ineligible to work on public works projects because of suspension and debarment proceedings pursuant to 2 CFR Parts 180, 215 and 1,200 or applicable state law; (-O)fM _We have determined that the listed DBE subcontractor is not a responsible contractor; The listed DBE subcontractor voluntarily withdraws from the project and provides to us written notice of its withdrawal; "<he listed DBE is Ineligible to receive DBE credit for the type of work required; {44'qJK—A DBE owner dies or becomes disabled with the result that the listed DBE contractor is unable to complete its work on the contract; (2)LID10ther documented good cause that we have determined compels the termination of the DBE subcontractor. Provided, that good cause does not exist if the prime contractor seeks to terminate a DBE it relied upon to obtain the contract so that the prime contractor can self -perform the work for which the DBE contractor was engaged or so that the prime contractor can substitute another DBE or non -DBE contractor after contract award. Before transmitting to us its request to terminate and/or substitute a DBE subcontractor, the prime contractor must give notice in writing to the DBE subcontractor, with a copy to us, of its intent to request to terminate andfor substitute, and the reason for the request. The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise us and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why we should not approve the prime contractors action. If required in a particular case as a matter of public necessity (e.g., safety), we may provide a response period shorter than fire days. In addition to post -award terminations, the provisions of this section apply to pre -award deletions of or substitutions for DBE furls put forward by offerors in negotiated procurements. The will require a contractor to make good faith efforts to replace a QBE that Is terminated or has otherwise failed to complete its work on a contract with another certified DBE. These good faith efforts shall be directed at finding another DBE to perform at least the some amount of work under the contract as the DBE that was terminated, to the extent needed to meet the contract goal that we established for the procurement. The good faith efforts shall be documented by the contractor. If we request documentation from the contractor under this provision, the contractor shall submit the documentation to us within 7 days, which may be extended for an addfional 7 days if necessary at the request of the contractor, and the recipient shelf provide a written determination to the contractor stating whether or not good faith efforts have been demonstrated, We will include in each prime contract the contract clause required by § 26.13(b) stating that failure by the contractor to carry out the requirements of this part is a material breach of the contract and may result in the termination of the contract or such other Page 17 of 44 August 19, 2015 remedies set forth in that section that we deem appropriate if the prime contractor fails to comply with the requirements of this section. If the contractor fails or refuses to comply in the time specified, our contracting office will issue an order stopping all or part of paymentlwork until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. ale Bid Specification: The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the to practice nondiscrimination based on race, color, sex, or national origin In the award or performance of this contract All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who quality as a DBE, A DBE contract goal of 0 percent as determined in the goal calculation Attachment 5 has been established for this contract. The bidder/offeror shall make good faith efforts, as defined in Appendix A. 49 CFR Part 28 (Attachment 1), to meet the contract goal for DBE participation in the performance of this contract. The bidder/offeror will be required to submit the following Information: (1) the names and addresses of DBE firms that will participate in the contract; (2) a description of the work that each DHE firm will perform. To count toward meeting a goal, each DBE firm must be certified in a NAICS code applicable to the kind of work the firm would perform on the contract; (3) the dollar amount of the participation of each DBE firm participating; (4) Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to most the contract goal; and (5) Written confirmation from each listed QBE firm that it is participating in the contract in the kind and amount of worts provided in the prime contractor's commitment; (6) if the contract goal is not met, evidence of good faith efforts. Section 26.55 Counting DBE Participation We will count DBE participation toward overall and contract goals as provided in 49 CFR 26.55. We will not count the participation of a DBE subcontract toward a contractor's final compliance with its DBE obligations on a contract until the amount being counted has actually been paid to the DBE. If the firm is not currently certified as a DBE in accordance with the standards of subpart D of this part at the time of the execution of the contract, we will not count the firm's participation toward any DBE goals, except as provided for in 26.870)_ Page 18 0 44 August 19, 2015 SUBPART D — CERTIFICATION STANDARDS Section 26.61— 26.73 Certification Process will use the certification standards of Subpart D of Part 26 to determine the eligibility of fines to participate as DBEs in DOT -assisted contracts. To be certified as a DBE, a fine must meet all certification eligibility standards. We will make our certification decisions based on the facts as a whole. For information about the certification process or to apply for certification, fines should contact: OMWBE —Certifications 210 11th Avenue SW, Suite 401 Olympia, WA 98504-1160 360-664-9750 http://omwbe.wa.gov/cerHcation/ SUBPART E — CERTIFICATION PROCEDURES Section 26.81 Unified Certification Programs OMWBE, provides certification services for DBE and Small Businesses, The OMWBE maintains a directory of certified firms and maintains procedures for certification. The relies on the OMWBE Office certification process. A link to the OMWBE Office Is included in Attachment 9. SUBPART F — COMPLIANCE AND ENFORCEMENT Section 26.109 Information, Confidentiality, Cooperation and intimidation or retaliation We will safeguard from disclosure to third parties information that may reasonably be regarded as confidential business information, consistent with Federal, state, and local law. Notwithstanding any provision of Federal or state law, we will not release any Information that may reasonably be construed as confidential business information to any third party without the written consent of the firm that submitted the information. This Includes applications for DBE certification and supporting Information. However, we will transmit this information to DOT in any certification appeal proceeding under § 26.89 of this part or to any other state to which the individual's firm has applied for certification under § 26.85 of this part. Page 19 of 44 August 19, 2015 All participants in the Department's DBE program (including, but not limited to, recipients, DBE firms and applicants for DBE certification, complainants and appellants, and contractors using DBE firms to meet contract goals) are required to cooperate fully and promptly with DOT and recipient compliance reviews, certification reviews, investigations, and other requests for Information. Failure to do so shall be a ground for appropriate action against the party involved (e.g., with respect to recipients, a finding of noncompliance; with respect to DISE firms, denial of certification or removal of eligibility and/or suspension and debarment; with respect to a complainant or appellant, dismissal of the complaint or appeal; with respect to a contractor which uses DBE firms to meet goals, findings of non -responsibility for future contracts and/or suspension and debarment). The , contractor, or any other participant in the program will not intimidate, threaten, coerce, or discriminate against any individual or firm for the purpose of interfering with any right or privilege secured by this part or because the individual or firm has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this part. If we violate this prohibition, we are in noncompliance with this part. Page 20 of 44 August 19, 2915 ATTACHMENTS Attachment 1 Regulations: 48 CFR Part 26 or website link Attachment 2 Organizational Chart Attachment 3 Bidder's List Collection Form Attachment 4 DBE Directory or link to DBE Directory Attachment 5 Overall Goal Calculations Attachment ii Demonstration of Good Faith Efforts or Good Faith Effort Plan - Forms 1 & 2 Attachment 7 DBE Monitoring and Enforcement Mechanisms Attachment 8 DBE Certification Application Fort Attachment 9 State's UCP Agreement Attachment 10 Small Business Element Program Page 21 of 44 ATTACHMENT? Regulations: 49 CFR Part 26, or link to webalte August 19, 22015 Page 22 of" ATTACHMENT Z August 19, 2015 Page 23 of 44 August 18, 2015 ATTACHMENT 3 Bidder's List Collection Form SAMPLE BIDDERS LIST COLLECTION FORM) Page 24 of" DBE or Non - Arm WE 5tetrris Annual Gross Rweipts Firm Name Address/ 6ffi ity We Age of Firm Phone # State" s UCP Direct ❑ Less than 1 year 13 Less than $500K ❑ 1- 3 years 13 $500K - $1 million ❑ 47 years d $1-2 miflion ❑ 5-10 years 13 $2-5 million ❑ More than 10 years ❑ Greater than $5 million ❑ Less than Iyear ❑ Less than $500K ❑ 1- 3 years ❑ $5MK-$1 million ❑ 47 years ❑ $1-2 million ❑ 8-10 years ❑ $2-5 million 0 More than 10 years ❑ Greater than. $5 million ❑ Less than 1 year 0 Less than $500K ❑ 1-3 years Q $500K-$1 million ❑ 47 years Q $1-2 million ❑ 8-10 years 13 $23 million ❑ More than 10 years ❑ Greater than $5 million ❑ Less than 1 year ❑ Less than $500K ❑ 1- 3 years El $500K - $1 million ❑ 4-7years 11 S1-2 million ❑ 5-10 years 13 $23 million ❑ More than 10 years ❑ Greater than S5 million ❑ Less than 1 year 0 Less than $500K ❑ 1- 3 years 13 $500K - $1 million ❑ 47 years ❑ $1-2 million 13&-10 years 11 $2-5 13More than 10 years [a Greater than $S million re G ❑ Less than 1 year ❑ Less than $500K ❑ 1-3 years ❑ $SQOK-$I million ❑ 47 years 13 $1-2 million ❑ 8-10 years ❑ $2-5 million ❑ More than 10 y2ars 17 Greater than$5million Page 24 of" August 18, 2015 ATTACHMENT 4 Washington DBE Directory or (web link to DBE ciireatory) http://wsdot.wa.gov/Partners/OMWBE/DBEDirectory/ Page 25 of 44 August 19, 2015 ATTACHMENT 5 Section 26.45: Overall DBE Three -Year Goal Methodology Name of Recipient: owner of Bowers Field Goal Perlod: FY -2015-2016-2017 — (October 01, 2075 through October 01, 2017) DOT -assisted contract amount: FY -2015 $ 317.395 FY -2016 $ 0 FY -2017 $ 0 Total $. _ 317.395 Overall Three -Year Goal: 0 %, to be accomplished through 095 RC and 0% RN (Note. the goal may be reflected as (1) an average of the three years; (2) three year Median; or (3) weighted parcentage) Total dollar amount to be expanded on DBE's: 0 [multiply goal % x DOT -assisted amount] Describe the ]cumber and Type of Contracts that the airport anticipates awarding: [List all contracts for which you anticipate receiving funding, only include the DOT funded portion of the contract] Contrails Fiscal Year # 1 1, Airport Master Plan Update and AGIS - $917,365 2. Contracts Fiscal Year #2 1. 2. Contracts Fiscal Year #3 1. 2. 3. Market Area: The manger area oonswerea for construc:Yon work at the Bowers Field included tUtfitas and the two adjacent counties of Yakima and Chelan. Step 1. 26.45(c) Actual relative availability of DBE's Determine the base figure for the relative avaiiabifity of DBEs. The base figure for the relative availabliity was calculated as follows: Page 26 of 44 August 19, 2015 [Part 25.45 allows for the goal to be set 1 of 5 di Brent methods. The example ;provided below is the most often used and recommended. The DBE Program Regulation can be found at httoYAw—wr.dot.aovlosdbuldisadvantasted-business-enfemrrse or httrsYA~.ecfr.ao6k2Eb1n/tex dx?tnl-fecfrbrowsaMffe49/49cfi26 main 02.tQ1 Method: Use DBE Directories htto:llwww.dot,goviosdbu/disadvantaged- Lisiness- entemriselstate-dot-and-dbe-orociram-webafts and Census Bureau Data htiv:/twww.census.govleconlcbdindex.html [icor each Contract and each fiscal year, please provide the following information] _ NAICS - ---- Type of Work --- Total DBE's Total All Firms 541330 Engineering 0 40 Services Total 0 40 Divide the total number of DBE's by the total number of All Firms = base figure for each contract (Weighting is not mandatory, but Is encouraged for a move accurate base figure) Base figure = 0% of all firms ready, willing and able. The data source or demonstrable evidence used to derive the numerator was: a search of the Oregon State Certification directory (OMWESB Certifrcatian Management System) for each of the NAICS codes in a four county area. The data source or demonstrable evidence used to derive the denominator was: a search of US Census Bureau data for the number of businesses registered for each of the NAICS codes in a four county area. Step 2. 2SA5(d): Adjustments to Step I base figure. After calculating a base figure of the relative availability of DBEs, evimace was examined to determine what adjustment (if any) was needed to the base figure in order to arrive at the Overall goal An examination of the anticipated contracts for each fiscal year, the availability of the DBE firms by trade classification and the volume of work performed by DBE firms over previous years. Pegs 27 of 44 August 19, 205 Fiscal Year -,4 For FY -2014 we anfic' ate the award of the foiiowin Contract Name ' Trade Dosaoffon NAICS Dasra"on NAICS Trade ($) Cus factory M{ � lH Project #1 Engineering Engirgering 1541330 317,359 1 15 0 I 0% �0 Servkes Se"ICES € Total CW,6wet f 317,359 I 15I 0 � 0� .-I i S - 0 _ - TofBFY-2015 -.--3� 7359 I __$0 Fiscal Year 92 Jnr FY --?OXY um an#rgnatn film awarri of thn fnUnwinn- Contract Name DeWr4 tion NAILS Description NAICS TWO (3) Cwm a Dtreatay ORE (%) DBE N? i Tota! Contract -- TatalCoz is roil Contract Total FY -20>0f ------1. �_--J Tota! t�Prratt ..._.__._ � Total FY -20" Fiscal Ye or #3 Fnr FY ?nYY " Anfin nnho tha awaM of fhn fnitrnarinrr- Contrad Name Trade Deac*gon NAICS Descitption i NAICS Trade ($) Cams Dkecfwy DBE (96) DBP ($) = =Ex i i Tota! Contract -- roil Contract Total FY -20>0f ------1. �_--J Past Hlstonr Partwaation Page 28 of 44 August 19, 2013 The airport has not had any recent projects or goalstaccomplishmerds. FY Total Grant$Amount -- �_ DBE Goals Accrun 'Yshment Tupe of work RC RN Total RC RN Total FY 10 ---_ FY11 -- I FY 17 FY 13 iY 14 ; The proposed Overall DBE Goals are as follows: © Fiscal Year #f — 0% d Fiscal Year #2 —no anticipated projects 13 Fiscal Year 43 —no anticipated projects Our proposed overall three yeargoal will be reflected as — 0% There is no historical DBE data to reference to make an adjustment to the Step 1 base Figure therefore, the Airport Authority is adopting its Step 1 base frgure as its overall goal for this three- yeargoel period. Should additional project funding become available forprojects in 2016 or 2017, the airport wNl reassess the available DBE firms and adjust the goal accordingly. Breakout of Estimated "Race and Gender Neutral" (RN) and "Race and bender Conscious" (RC) Participation. 26.6'i(b) (9-9) The recipient will meet the maximum feasible portion of its overall goal by using RN means of facilitating DBE participation. 1_ Arranging solfbitations, times for the presentation ofbids, quantities, speoifrcations, and delivery schedules in ways that facilitates DBE, and other small businesses, participation; 2. Ensuring distribution of DBE directory, through print and electronic means, to the widest feasible universe ofpotentielprrme contractors; The recipient estimates that in meeting its overall goal 0%, it will obtain 0% from RN participation and 0% through RC measures. The will adjust the estimated breakout of RN and RC DBE participation as needed to reflect actual DBE participation (see Section 26.51(1)) and track and report RN and RC participation separately. For reporting purposes, RN DBE participation includes, but is not necessarily limited to, the following; DBE participation through a prime contract obtained through customary competitive procurement procedures; DBE participation through a subcontract on a prime contract that does not carry a DBE goal, DBE participation on a prime contract exceeding a contract goal and DBE participation through a subcontract from a prime contractor that did not consider a firm's DBE status In making the award. Page 29 of 44 PUBLIC PARTICIPATION Consultation: Section 26.45(g)(1). August 18, 2015 In estatzfishing the overall goal, the will provide for consultation and publication. This includes consultation with minority, women's and general contractor groups, community organizatlons, and other officials or organizations which could be expected to have information concerning the availability of disadvantaged and non - disadvantaged businesses, the effects of discrimination on opportunities for DBEs, and the 's efforts to establish a level playing field for the participation of DBEs. The consultation will include a scheduled, direct, interactive exchange (e.g., a face-to-face meeting, video conference, teleconference) with as merry interested stakeholders as possible focused on obtaining information relevant to the 's goal setting process, and it will occur before we are required to submit our goal methodology to the operating administration for review pursuant to paragraph (f) of this section. We will document in our goal submission the consultation process that we engaged In. Notwithstanding paragraph (1(4) of this section, we will not Implement our proposed goal until we have complied with this requirement I The submits Its overall DBE three-year goal to DOT on August f as required by the set schedule. Before establishing the overall goal, the will consult with the OMVVFSB Certification Management System to obtain information concerning the availability of disadvantaged and non -disadvantaged businesses, the effects of discrimination on opporfunitias for DBEs, and the : efforts to astablish a level playing field for the participation of DBEs Following the consultation, we will publish a notice in the PUBLICATION of the proposed overall goal, informing the public that die proposed goal and its rationale are available for inspection during normal business hours at the airport administration building for 30 days following the date of the notice, and informing the public that the and DOT will accept comments on the goals for 30 days from the date of the notice Our overall goal submission to DOT will include a summary of Information and comments received during this public participation process and our responses, if any. The following comments were received [discuss comments] OR No comments have been received. Page 30 of 44 Sample Pubic Notice Language: PUBLIC NOTICE August 19, 2015 The hereby announces its fiscal years 2015 through 2017 goal of 0% for Disadvantaged Business Enterprise (DBE) airport construction Contracts. The proposed goals and rationale is available for inspection between, 8;00 a.m. and 5:OD p.m., Monday through Friday at 411 N Ruby 5t, Ellensburg, WA 98926 for 30 days from the date of this publication. Comments on the DBL goal will be accepted for 30 days from the date of this publication and can be sent to the folloWng: AND DBELO Candle Leader Administrative Assistant 411 N Ruby St Ellensburg WA 98926 candle. leaderCoo. kittites.wa.us Federal Aviation A&MtWstraffon OtiSae of Civil Rights Staff Ricky Watson, MBA DBE &A MBE Compliance Specialist Alaskan Region & Northwest Mountain Region Federal Aviation Adrnirdstrafian Office of Civil Rights, AWP -9 15000 Aviation Boulevards Law7dale, Calffomfa 90261 Mailing Address: P.O. Box 92007 Los Angeles, Calffomla 80009-2007 Office., (310) 7253840 Fax: (310) 725-6819 Email: rlcky.watson@r €aa.gov Contract Goals The will use contract goals to meet any portion of the overall goal that the recipient does not project being able to meet using RN means. Contract goals are established so that, over the period to which the overall goal applies, they will cumulatively result in meeting any portion of the recipients overall goal that is not projected to be met through the use of RN means. Page 31 of 44 August 19, 2015 The will establish contract goals only on those DOT - assisted contracts that have subcontracting possibilities. It need not establish a contract goal on every such contract, and the size of the contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work and availability of DBE's to perform the particular type of work). We will express our contract goals as a percentage of the Federal share of a DOT-a&%Wsd contract Page 32 of 44 August f8, 2015 ATTACHMENT 5 Demonstration of Good Faith Efforts - Forma 1 & 2 [Forms 1 and 2 should be provided as part of the solicitation documents.] FORM 1: DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTIU ATIDN The undersigned bidderlofferor has sat[sW the requirements of the bid specilfcatlon in the fofiowing manner (please check the appropriate apace): The bidder/offeror is commuted to a minimum of % DBE utilization on this contract. The bidder/offeror (if unable to meet the DBE gcal of _%) is committed to a minimum of % DBE utilization on this contract and should submit documentation demonstrating good faith efforts. Name of bidder/offeroes firm: State Registration No. By (Signature) Page 33 of 44 August 19, 2015 Name of bidder/offieroras firm: Address: city: FORM 2: LETTER OF INTENT State: Zip: Name of DBE firm: Address: City: Telephone: Description of work to be performed by DBE frrm: The bidder/offeror is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is $ Affirmation The atwve-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above and that the firm is DBE certified to perform the specific trades. By (Signature) Date: (Title) If the bldderlofferor does not receive award of the prime contract, any and all representations in this Leiter of Intent and Affirmation shall be null and void. Submit this page for each DBE subcontractor. Page 34 of 44 August 19, 2015 ATTACHMENT 7 DBE Mgnitoring and Enforcem nt Mechanisms The has available several remedies to enforce the DBE requirements contained in its contracts, including, but not limited to, the following: 1. Breach of contract action, pursuant to the terns of the contract; 2. Breach of contract action, pursuant to State Codes In addition, the Federal govemrnent has available several enforcement mechanisms that it may apply to firms participating in the DBE problem, including, but not limited to, the following: 1. Suspension or debarment proceedings pursuant to 49 CFR Part 26 2. Enforcement action pursuant to 49 CFR Part 31 3. Prosecution pursuant to 1S USC 1DD1. Page 35 of 44 ATTACHMENT 8 DBE Certification Application Form (New form October 2014) August 19, 2016 ?age 36 of 44 ATTACHMENT 8 State's UCP Agreement August 19, 2015 Page 37 of 44 August 19, 2045 ATTACHMENT 10 Small Business Element It r recommended that you include the following components and notes: 1. ObjectivelStrategies As part of this program element you may include, but are not llmited to, the following strategies: (1) Establishing a race -neutral small business set-aside for prime contracts under a stated amount (e.g., $1 million). (2) in mul&yeardesign-build contracts or other large contracts (e.g., for "megaprojecW) requiring bidders on the prime contract to specify elements of the contract or spacffic subcontracts that are of a size that small businesses, including DBEs, can reasonably perform. (3) On prime contracts not having DBE contract goals, requiring the prime contractor to provide subcontracting opportunities of a size that small businesses, including DBEs, can reasonably perform, rather than self -performing all the work involved. (4) Identifying alternative acquisition strategies and structuring procurements to facilitate the ability of consortia orjoinf ventures consisting of small businesses, including DBEs, to compete for and perform prime contracts. (5) To meet the pmfion of your overall goal you project to meet through race -neutral measures, ensuring that a reasonable number of prime contracts are of a size that small businesses, including DBEs, can reasonably perform. Definition • DBE funis should be identified in the Small Business element of the nscl#entt DBE program as eligible for the program unless there is a DBE miory-Small Business Program element In place. • Size standard should be consistent with 49 CFR 28.5 and must be no larger than the Small Business Administration's size standards. DBE firms and small firms eligible for the program should be simllw& sized to reduce competitive conflict between DBE and non -DBE firms. Personal Net Worth standards (optional) — should be consistent with 49 CFR Part 26 thresholds. 3. Verification • Should diligently attempt to minimize fraud and abuse in the SB element of its DBE program by verifying program eligibility of firms. 4. MonitoringlRecond Keeping How will the information will be organized (for counting purposes) Page 38 of 44 August 19, 2013 SB element should be reasonably monitored S. Implementation Timellne a Identify implementation schedute/timelins, within 6 or 9 months of FAA's approval. S. Assurance • Include the following assurances. 1. assurance that the program is authorized under state lase; 2. assurance that certified DBEs that meet the size criteria established under the program are presumptively eligible to participate in the program; 3. assurance that there are no geographic preferences or limitations imposed on any federally assisted procurement included in the program; 4. assurance that there are no limits on the number of contracts awarded to firms participating in the program but Ghat every effort will be made to avoid creating banters to the use of new; emerging, or untried businesses; and 5. assurance that aggressive steps will be taken to encourage those mino* and women owned lams that are eligible for DBE certification to became certified 6. assurance that the program is open to smelt businesses regardless of their location (i. e., that there is no local or other geographic preference). Page 39 of 44 Appendix A August 19, 2015 AppwWlx A to Fart 28—Gu€dans Concerning Good Faith Efforts 1. When, as a recipient, you establish a contract goal on a DOT -assisted contract for procuring construction, equipment, services, or any other purpose, a bidder musk in order to be responsible and/or responsive, make sufficient good faith efforts to meet the goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms suffic€ent for this purpose. Second, even if it doesn't meet the goal, the bidder can document adequate good faith efforts. This means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficlent DBE participation even N they were not fully successful, II. In any situation in which you have established a contract goal, Part 26 requires you to use the good faith efforts mechanism of this part_ As a recipient, you have the responsibility to make a fair and reasonable judgment whether a bidder that did not meet the goal made adequate good faith efforts. it Is important for you to consider the quality, quantity, and Intensity of the different kinds of efforts that the bidder has made, based on the regulations and the guidance In this Appendix. The efforts employed by the bidder should be thaw that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. More pro forma efforts are not good faith efforts to meet the DBE contract requirements. We emphasize, however, that your determination concerning the sufficiency of the firm's good faith efforts is a judgment call. Determinations should not be made using quantitative formulas. 111. The Department also strongly cautions you against requiring that a bidder meet a contract goal (i.e., obtain a specified amount of DBE participation) in order to be awarded a conlrack even though the bidder makes an adequate good faith efforts showing. This rule specifically prohibits you from Ignoring bone fide good faith efforts. N. The foYoWng Is a list of types of actions which you should consider as part of the bldder's good faith efforts to obtain BBE participation. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant In appropriate cases, A. (1) Conducing market research to identify small business contractors and suppliers and soliciting through all reasonable and availabDe means the Interest of all certified DBEs that have the capability to perform the work of the contract. This may include attendance at pre-bid and business matchmaking meetings and events, advertising and/or written notices, posting of Notices of Sources Sought andlor Requests for Proposals, written noticas or emalis to all DBEs listed in the State's directory of transportation firms that speclalfze in the areas of work desired (as noted in the DBE directory) and which are located in the area or surmundIng areas of the project. (2) The bidder should solicit this interest as early In the acquisition process es practicable to allow the DBEs to respond to the solicitation and submit a timely offer for the subcontract. The bidder should determine with certainly if the DBEs are interested by taking appropriate steps to follow up initial solicitations. B. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved_ This Includes, where appropriate, breaking out contract work items into economically feasible units (for example, smaller teaks or quantities) to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces. This may include, where possible, establishing flexible timeframes for performance and delivery schedules in a manner that encourages and facilitates DBE participation. Page 40 ct44 August 19, 2015 C. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract In a timely manner to assist them in responding to a so icitation with their offer for the subcontract. D. (1) Negotiating In good faith with interested DBEs. It Is the bidder's responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the Information provided regarding the plans and specifications for the work selscted for subcontracting; and evidence as to why additional Agreements could not be reached for DBEs to perform the work_ (2) A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as contract goals Into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a bidder's failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher quotes from DBEs If the price difference is excessive or unreasonable. E. (1) Not rejecting DBEs as being unqualifiad without sound reasons based on a thorough Investigation of their capabilities. The contractor's standing within ifs industry, membership in specific groups, organizations, or associations and political or social affiliations (fur example union vs. von -union status) are not legitimate causes for the rejection or non-sollcilatlon of bids In the contractor's efforts to meet the project goat. Another practice considered an insufficient good faith effort is the rejection of the DBE because its quotation for the work was not the lowest received. Hcivrever, nothing in this paragraph shall be construed to require the bidder or prime contractor to accept unreasonable quotes in order to satisfy contract goals. (2) A prime contractor's inability to find a replacement DBE at the original price is not alone sufficient to support a finding that good faNh efforts have been made to replace the original DBI". The fact that the contractor has the ability and/or desire to perform the contract work with its own forces does not relieve the contractor of the obligation to make good faith efforts to find a replacement DBE, and it is not a sound basis for rejecting a prospective replacement DBE's reasonable quote. F. Making efforts to assist Interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor, G. Making afforts to assist Interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. H. Effectively using the services of available minoritylwomen community organizations; minoritylvromen contractors' groups; local, State, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. V. to determining whether a bidder has made good faith efforts, it is essential to scrutinize its documented efforts. At a minimum, you must review the performance of other bidders In meeting the contract goal. For example, when the apparent successful bidder falls to meet the contract goal, but others meet 4r you may reasonably raise the question of whather, with additional efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder falls to meet the goal, but meets or exceeds the average DBE participation obtained by other bidders, you may view this, In conjunction with other factors, as evidence of the apparent successful bidder having made good faith Efforts. As provided in §25.53(b)(2)((vi), you must also require the contractor to submit copies of each Page 41 of 44 august 19, 2095 DSE and non -DBE subcontractor quote submitted to the bidder when a non -DBE. subcontractor was selected over a DBE for work on the contract to review whether DBE prices were substantially higher, and contact the DBEs listed on a contractors solicitation to inquire as to whether they were contacted by the prime. Pro forma mallings to DBEs raquesting bids are not crone auffident to satisfy good faith efforts under the rule. A A promise to use DBEs atter contract award is not considered to be responsive to the contract solicitation or to constitute good faith efforts. V9 FR 58600, act. z 20141 Page 42 of 4d AuFLmi 19, 2015 APPENDIX B The spreadsheet can be found at Page 43 of 44 on" Page 43 of 44 August 19, 2015 im77a0417Cm FOR COir7Fi n=Tom UmFORM RRFORT OF DOE AWARD2/0Ohf63i77NEm AHD FAVpf6hTS 1. t odidh the DOT Dpswdag Admdrimntmn (OA) Iia prmidds you MO. Frow the fowl wlmI r of privet tonfrktw nwwamd in h(D). Federal rimaendnl tssislaw. if ma innce comes trams amr dm mm specify twyunberft aced to DB& IYmrreh Race Nerdal racbnd_ OA, wr npanns nrpatiw7 forma hr wch OA. Ifyou are as FTA rmlpknt,iniicabe ymr Vendor Nmdrer in due space imam okd k(U.Of•Ilyrlmr canmas arrrde0 slim lt7•tnirmtlrerimet. wl"dam dot ammopa Ro4yl to DEPS. Divide dm dolma memo in keen SIC) In 2. If you are an FAA rncipen4 "me dm m1mud At? Nmbam mho dolor umoved in imm IgA1 to dei— Wim peramtlp. Round wmred by this report. Ifmore thea Pia..Hach a repmac sheet. poem emieswthe Reareatouch. 1 Specify due Fedleml rMca7 year (ia Claobrr i -Se wolmr )M In What the mored frporaaR POW ML 4. Auer rhe car olsuimiw(nnaFtris wpan. 5. Chcd deo appropriuk box ihM Indivehw the mpwting period dmi the dew provided in this tepmf moms lfahis "m h due June 1. cane aharldpoap tletobsr 7 -Muth 31. Ifthn mpmt U ane DnwBv 1. data Amid corer April 1- Aapaarrher M 6. MainaafAeeurtpraa_ T. Soar year •keel AEE chime) oaaklt.lkd Por an Federal neral your of dh report to be wbraltlyd m and appromd by rhe mkvmm OA. Ydur OvetmR Cavi it to by apwled me well ate hat bank"— 16r apreint Rmar Cbacium and Raw Midual (temp RMdi of which ilalddem gmdenamhscteoalumtal goalsi Tbu Rm Canlmione Odd p•rlian .havld bo Lmeed a progtants War lhnos m and provide btamf us ally RM von. the ave of vmnart movie Is a pdnmy caalnpld or. on consulates mo mm T6 ]lace, Kemal Deal p anim Rhmdd hmhxb progmns tho4 while bmeRding DM ate mot mirly f awed m Dell flora Par muerlde, • anal ltanpmer rots ych pragn m, txsrnied eaalFWKL ami PMWM p ANSIse plainer cam Miller a all" %miery of bmimm in sddhdmt to idpisc DBE Reel, Pt The someone In harm MAj'9P1 mhoand tomato all Mm of prone c numm awaked and an (y(na oroubcsdrsers awarded wroboanhau 1, indwdiW Prolq IMI or CWMLMN morleam. ecmtmctia,F mchmee or aster" or wppl>ma, 1sew or Fmuhmw of rtquipmrr sad any ober lypeR of eemI m. All ddloor aneunm om m sham mid' the Fp"I them ofaa le cmv%**m Amid be lwtadod to Ae mmaral della. IyA1• �� tr �lor alt privet emahafY sacked with DOT he* that wem m nems ded during Wee Tapmrrint paled. 9(B). Provide 33m jSdjMUbjZ of all jar mt amtrmaa eambost with DOT falls tTnel were marded ewrbpp tea repaWq period. S(Ci. From trc poral dollar aatmt awarded im gen R1A). (wLd t she Anflat alanufft awarded loeevdned DREs dwiorthp pgwlilg period. R(ft Fiwm are to"! mumbor oftedmt comers mamended In hem BIB). sp§U y dee anmia •wrded ton WRUW DBC" tlawg thb mep0ding Ported. 4(Rl. From tae radd dolkra Men" in W1. Amide pus 1lalhte IMM awarded to DBEs dkwegh ace Its of Row conscious make s. Sac the ahrRalrlct Of Yarn Cnnmeiaee. Gnat in he's 7 and the eepheortimd in hembCfpajel typos to in lode it your oludi ion. I(F). Fres tie matd mater of prime em icaM ammNed In RIM spaCify fm =bnr twunded to DBEs dhwr4lu Race Caysdews nmAtrdr. 3(0)• Rant the wtai Hagar aztma d atavrdW w ism E(C), provide the AgIar arcane "waded to evened DBEs dngh rim ren of Rata F[cwrall Fm&,dm. Aero dim deRoilian of Race Nonni Oral In item 7 amt the explanation in ban g of project rypa to hdelude. 91A}9(1)_ rw m 9(A)9(q om derivmt in tom sane xayas toms F(A)- p(1} eMO dsct these moadstoa [bmdd be toad on subcomirmm tatbw dean prbne ra WKU. Unlikc prime COMM whish nay only be mar" subcontracts rosy be Dow mwaeded or commit" 16(A) -I I¢). Por all OM awarded prlmr mittam and awadcA or mmhmhled toommemis me indicated in B(C).(D) and 9(Q -PN break Ya data deme) rmdmer by soul da Mr [mere a melt no Ilea member of all aamsts going to emir moose gaup m wait as to tmn•mitedW uncommon, 7be 'Orbs' tavegey includes Wax DM who aro nor msabma of dw pmhnyfivcly rliarlmMminYad pompe shady 1isled, bmt who ale dtwnsemd etgtbk for dee DBE p W m ph an Ibdlvidunl brava fag. a Qabwldma reale eidt a dist igL 710 TOTAW valmt in I07(1 Amari seined the war of P(C) tam 9n and similarly. The T0TA1.S %due in I IM aimed ofud tet own of 8(D) plus 9(D). Coltman I should only be teed ma if duo miew is dee on Daealmw 1. as le iimaad in Yen S. The vahra for d& edroon are derived by atdhy Out wbdeo scop N in cabana H in your &A report with time rales reported inibMcerand rmrart. 12(4 lmsdde Ge, lobi mamba Of FlimR mngTaefa completed duvg Wts mpor*% paled that had Race Conscious Vok Roue C'omemiam —b -ft are thaw w(rh Cato" sna1s or amAa ruse conscious m nam. it�y IYwide the whl dollar vete ofprfine sonhacts ranplrred.IhY reporting ptrind dm hid race enmwemmc poste. 12(01. P mvMo rhe total deter meneom of DBE participation ar el Rape Ci nseimu prime nummw wdphted Me repordng pried Ws war tmm oro W am Am mind go; lsm Wra. UPapplloonly to Rmcc Cmwdooe primreeormorla. 12M Provide the read wool DRE psrdoipatiah In dullm on due no rmaeiteaprieum erbogto completed this repedlag period. I2(4 Of all The prime tm[tdtm wrlrpkltd lhit ee'ptnln; pried, ealeulm Ow poecaede of DBE pmrtietpa" Divide ton aeawi Imal dollen amamni In 12(D1 by ft Asan Alar vhdoe provided in I= so derive rho perKoft. Roved to turd urns wok. 13(A}13IM. Imm 13(A1434E) are dffNal W dm serve an error m km JXAE121E), maecp7 Ihae ngmeR Aoabl be boric on Rapp Rmoml Prior. comhuss (i.r. pore Wide m ace conscious mammal. 14(A"4(G). Cateubde dr tomb far much Clans by mddint dw apec, m eorkm omd natnel feinnes prevtded in each raw name. 15. Nmae ofthe Aud m iud RcprmobFd a pmpedilt ihb farm 16. Signa ton of Ac Amdimirad Rmpmredrmiva. 17, PhoatvumMawf"Adhori Roprommesivr. I g. Fn nhunha ofAr Aahariad hePfe•e•muoo'v. "d.emu yrs rngMoot rapers ra7mr mrlyaat m mvrbw Omlea P" 44 V44