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Accept grant for restoration and preservation of Historic Courthouse BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 20-032 ACCEPTING A GRANT FOR THE RESTORATION AND PRESERVATION OF THE HISTORIC LEWIS COUNTY COURTHOUSE WHEREAS, the State of Washington has made funding available to restore historic courthouses in the state through a grant program administered by the Department of Archaeology and Historic Preservation; and WHEREAS, Lewis County, through its Facilities Division, has made an application to receive grant funds to complete identified historical restoration or preservation projects at the Historic Lewis County Courthouse; and WHEREAS, the grant application was successful and Lewis County has been awarded a matching grant in the amount of up to $109,390; and WHEREAS, it appears to be in the best public interest to accept the grant and complete the restoration and preservation work identified in the Grant Application for the Lewis County Courthouse, which includes exterior masonry repairs, replacing the east basement entrance doors, and re-pointing the granite steps NOW THEREFORE BE IT RESOLVED that the Grant Agreement between the Washington State Department of Archaeology and Historic Preservation and Lewis County is hereby authorized and executed by the Board of County Commissioners DONE IN OPEN SESSION this 27th day of January, 2020 APPROVED AS TO FORM. BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Kevin McDowell Gary Stamper By: Kevin McDowell, Gary Stamper, Chair Deputy Prosecuting Attorney ,.LpUNTY' �5,� ATTEST w�• Edna J . Fund .`.S.Dp$D OF'.9,:i.. ,, • ,c'.Edna J Fund, Vice Chair C Z �g45 • N*yo `S10 '•:�;sCO" 's`.o Rieva Lester Robert C. Jackson :.o �,, Rieva Lester, Robert C. Jackson, Commissioner Clerk of the Lewis County Board of County Commissioners Grant No. FY20-90006-LEWIS jf)s. STATE OF WASHINGTON Department of Archaeology and Historic Preservation 1063 S. Capitol Way,Suite 106 • PO Box 48343 • Olympia, Washington 98504-8343 (360)586-3065 • Fax Number(360)586-3067 • ■ ww.dahp.wa.gov Grant Agreement Between Washington State Department of Archaeology and Historic Preservation and Lewis County Grant No.: FY20-90006-LEWIS Grant Title: County Courthouse Exterior Rehabilitation Project Effective Date. 07-01-2019 Expiration Date. 06-30-2021 Grant Amount. $109,390 00 Federal Grant No • N/A CFDA No • N/A Grant Purpose Grant Purpose: Provide support for the rehabilitation of the historic Lewis County Courthouse, located in Chehalis, WA This agreement is made between The Department of Archaeology and Historic Preservation hereinafter referred to as the DEPARTMENT, and Lewis County hereinafter referred to as the GRANTEE Parties' Contact Information DAHP Contact Person. Hannah Armitage (360) 586-3072 Email• hannah armitage @dahp wa gov WTHP Contact Person: Chris Moore (206)624-9449 Email. cmoore @preservewa.org GRANTEE Contact Person. Doug Carey, (360) 740-1192 Email. doug.carey @lewiscountywa.gov Page 1 of 13 Grant No. FY20-90006-LEWIS Section 1. Responsibilities of the Grantee A The GRANTEE will perform or cause others to perform the work descnbed in the "Scope of Work" (Attachment 2). Additional special conditions or specifics about the work required by this agreement, if any, are in attachments as enumerated and described in Section 2. The GRANTEE agrees to perform the work in accordance with any such special conditions or specifics B. The GRANTEE understands that the work called for under this agreement must conform to state administrative requirements as they relate to the DEPARTMENT, and the GRANTEE agrees to comply with such requirements c The GRANTEE agrees to comply with the restrictions of lobbying with appropnated funds. No part of the money appropriated by any enactment of State Legislation shall, in the absence of express authorization by such, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, pnnted or written matter, or other device, intended or designed to influence in any manner an elected official, to favor or oppose,by vote or otherwise, any legislation or appropnation by legislation, whether before or after the introduction of any bill or resolution D. The GRANTEE agrees to maintain records in a manner which will provide an audit trail to all expenditures reported to the DEPARTMENT. The GRANTEE agrees to keep these records for at least six years following the ending date of the grant In the event that an audit of the GRANTEE or of the DEPARTMENT should take exception to any expenditure by the GRANTEE, the GRANTEE agrees to refund to the DEPARTMENT on demand the amount determined by the audit as due In the event that the DEPARTMENT is required to institute legal proceedings to enforce this repayment provision, the DEPARTMENT shall be entitled to its costs thereof, including reasonable attorney's fees When arranging for an audit, the DEPARTMENT should contact. Doug Carey Tel. 360-740-1192 351 NW North Street Chehalis,WA 98532 Email: doug.carey @lewiscountywa gov E. The GRANTEE agrees to pay all the costs involved in carrying out the terms of this agreement pnor to seeking reimbursement as provided for in Section 2. A. When seeking reimbursement, the GRANTEE will submit a completed reimbursement form in writing to the DEPARTMENT and provide such supporting documents as an affidavit of publication for newspaper advertising Page 2 of 13 Grant No FY20-90006-LEWIS soliciting bids, contracts, photocopies of canceled checks and invoices, and other documents as may be requested by the DEPARTMENT. The DEPARTMENT will provide the GRANTEE with the reimbursement form and guidelines for financial reporting procedures The GRANTEE agrees to submit its request for reimbursement within thirty(30)days following completion of the work F. The GRANTEE agrees to provide the DEPARTMENT with a completion/ project report acceptable to the DEPARTMENT. The GRANTEE will submit this on or before the end date of this grant. The GRANTEE agrees that the DEPARTMENT shall have the right to withhold all or part of the funds under this grant pending receipt of an accepted completion/project report. Nicholas Vann, DEPARTMENT histoncal architect, shall have acceptance approval or denial of the completion/project report G. The GRANTEE agrees that the "Budget" (Attachment 1) shall be a financial guide for the work called for by this agreement The GRANTEE may exceed the budgeted amounts, but this shall in no way obligate the DEPARTMENT for a greater amount than the Grant Amount In the event that the GRANTEE should spend less than the budgeted amount on an object or element in the Budget, the DEPARTMENT may either reduce its obligation proportionately or it may terminate this agreement. The GRANTEE agrees to maintain records which will render an accurate accounting of each element or object in the Budget. The actual expenditures for the amounts reflected in the Budget may vary by 15 percent without requiring an amendment to this grant agreement. H. The GRANTEE agrees that the DEPARTMENT shall have the right to terminate this agreement if the GRANTEE shall fail to fulfill in a timely and proper manner its obligations under this agreement or if the GRANTEE shall violate any of the covenants, conditions,or stipulations of the agreement. In case of such termination by the DEPARTMENT, the GRANTEE agrees to return to the DEPARTMENT within thirty (30)days of the effective date of termination, any payments made by the DEPARTMENT to the GRANTEE under the terms of this agreement or any portion of such payments as may be directed by the DEPARTMENT. The GRANTEE agrees to submit evidence of completion of all work elements identified in the Scope of Work on or before the grant end date. GRANTEE acknowledges and understands that final work elements which do not conform to the terms and conditions of this agreement will not be reimbursed. The GRANTEE will maintain regular contact with the DEPARTMENT regarding the progress of the grant project. The GRANTEE agrees that the DEPARTMENT shall have the nght to monitor the work called for by this agreement. Page 3 of 13 Grant No. FY20-90006-LEWIS J The GRANTEE agrees to use competitive negotiation procedures (or small purchase procedures for under$25,000)for procurement of professional services and subcontracts. GRANTEE agrees to maintain records sufficient to detail the significant history of a procurement and to forward evidence of competitive procurement to the DEPARTMENT prior to reimbursement of funds under this agreement. K. The GRANTEE agrees that it, its agents, officers and employees, and any other person or entity performing any work under this agreement, are independent contractors and not employees of the State of Washington ("State") L. State funds are the basis for this agreement. The GRANTEE certifies that neither it nor its pnncipals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions by any State department or agency. Should for any reason the State funds which are the basis for this agreement become withdrawn, reduced, or not appropnated by legislation the agreement may be terminated without penalty to the DEPARTMENT. Nt. To the fullest extent permitted by law, Contractor shall indemnify, and P Y y� hold harmless the State, agencies of the State and all officials, agents and employees of State, from and against all claims for injunes or death arising out of or resulting from the performance of the Contract. Contractor's obligation to indemnify, defend, and hold harmless includes any claim by Contractors' agents, employees, representatives, or any subcontractor or its employees Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim ansing out of or incident to Contractor's or any subcontractor's performance or failure to perform the Contract. Contractor's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials The parties shall make every effort to resolve disputes arising out of, or relating to, this contract through discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under this contract, the parties shall select a dispute resolution team to resolve the dispute The team shall consist of a representative appomted by each party and a third party mutually agreed upon by the parties. The team shall attempt, by majority vote, to resolve the dispute Page 4 of 13 Grant No. FY20-90006-LEWIS N. The GRANTEE agrees to provide or purchase industrial insurance coverage, as applicable,prior to performing work under this agreement The DEPARTMENT will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this GRANTEE, or any sub-grantee or employee of the GRANTEE, which might arse under the mdustnal insurance laws during performance of work under this agreement If the Department of Labor and Industries, upon audit, determines that industrial insurance payments are due and owing as a result to work performed under this agreement,those payments shall be made by the GRANTEE, the GRANTEE shall indemnify the DEPARTMENT and guarantee payment of such amounts. o. The GRANTEE agrees to include written acknowledgment of The Department of Archaeology and Historic Preservation support for all grant-related publications and public information materials including audio-visual and workshop materials. P. The GRANTEE agrees to any additional conditions as may be identified in amendments under Section 3 and attached to this agreement. Q. There shall be no discrimination against any person employed by the GRANTEE in connection with work covered by or related to this agreement, or against any applicant for such employment, because of race, creed, color, sex, age,marital status, national origin, the presence of any sensory, mental, or physical handicap, or any other condition as set forth Chapter 49.60 RCW. This provision shall include, but not be limited to, the following• employment, upgrading, demotion, or transfer; recruitment or advertising; layoff or termination; rates of pay or other forms of compensation and selection for training. The GRANTEE shall insert a similar provision in all subcontracts for services covered by this agreement During the performance of this agreement, the GRANTEE shall comply with all federal and state nondiscrimination laws, regulations and policies R. In accordance with legislative findings and policies set forth in Chapter 39.19 RCW the GRANTEE is encouraged in the participation and use of Minority and Women's Business Enterprise firms certified by OMWBE. s. The GRANTEE agrees to a$109,390.00 match of funds. 50%being the full amount of the let grant amount, 50% being the match amount by the GRANTEE Further, the GRANTEE will not claim match directly earmarked or identified for this agreement as match for any other grant, agreement or contract. The DEPARTMENT has first and exclusive claim to match provided by the GRANTEE to this agreement as indirect eligible match to the National Park Service, Historic Preservation Fund awarded to the DEPARTMENT. Page 5 of 13 Grant No. FY20-90006-LEWIS DEPARTMENT: Grant Amount: $109,390 00. GRANTEE Minimum Grant Match Amount. $109,390.00. T. The GRANTEE, as a condition of receiving this grant,agrees to maintain the building to which this grant applies for a period of not less than five(5) years, in accordance with the Secretary of Interior's Standards for the Rehabilitation of Historic Properties, and further agrees that all work performed as defined in the Scope of Work and Budget of this grant is done in accordance with the Secretary of Interior's Standards for the Rehabilitation of Historic Properties. The GRANTEE further agrees that failure to adhere to this provision of this grant warrants cause for the DEPARTMENT to request full recovery or portions of those grant monies paid out to the GRANTEE as applies to this grant. u. If the courthouse is designated as a local landmark through a Certified Local Government(CLG)program, the GRANTEE, as a condition of receiving this grant, agrees to submit project documents to the local historic preservation commission for project approval The project receiving grant funds should only proceed once a Certificate of Appropriateness has been secured through the local process. This is in addition to the regular review provided by the DEPARTMENT. Section 2. Responsibilities of the DEPARTMENT A. The DEPARTMENT agrees to reimburse the GRANTEE one hundred (100) percent of its actual authorized expenditures for the purpose of this agreement, provided. (1) The total paid by the DEPARTMENT shall not exceed the amount stipulated in the"Budget" (Attachment 1) as DEPARTMENT share (2) All expenditures were incurred between the beginning and ending dates of the grant. (3) No expenditures have been previously claimed in any other grant from any agency of the state or federal government. (4) The DEPARTMENT has authority to expend the funds required to meet the obligations contained herein (5) The GRANTEE has met all requirements contained in this agreement Page 6 of 13 Grant No FY20-90006-LEWIS (6) The DEPARTMENT will accept as match expenditures presented by the GRANTEE on rehabilitation projects completed in accordance with the Secretary of Intenor's Standards for the Rehabilitation of Historic Properties that were completed on or after January 1 of the year 2018 and pnor to the start date of this grant B. The DEPARTMENT agrees to consider requests from the GRANTEE for progress payments if, in the DEPARTMENT'S judgment, the public interest will be served by doing so and if such payments are administratively practical and provided appropriated funds are available for which to issue a progress payment. C. The DEPARTMENT may unilaterally terminate all or part of this contract, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this contract The following attachments are hereby incorporated into and made a part of this agreement Attachment#1. "Budget,"consisting of one page Attachment#2 "Scope of Work consisting of two pages. Attachment#3. "State Form A19-1 Invoice Voucher"to be used as basis for billing, consisting of one page. Attachment#4 "Report of Services/Labor Value Appraisal"form to be used by GRANTEE to document labor costs. Attachment#5 "Competitive Negotiation and Small Purchases Contracting Documentation,"consisting of one page. Section 3.Amendments This grant agreement may only be amended if such amendment is in wnting(with the exception of the 15% variance for actual expenditures identified in Section 1.G), agreed to and signed by all the parties, and attached hereto DEPARTMENT: GRANTEE: Page 7 of 13 Grant No. FY20-90006-LEWIS Department of Archaeology and Lewis County Historic Preservation 9(4.c� Allyson Brooks, Director ary St per, Chair Lewis County Board of Commissioners /i27(2.62- Date Dat Fed ID Number Attachment#1 Budget Page 8of13 Grant No. FY20-90006-LEWIS ELEMENT/OBJECT Construction Costs: State Dollars Hard Match Soft Match Total Exterior Rehabilitation $109,390.00 $111,110.00 $0.00 $220,500.00 Totals. $109,390.00 $111,110.00 $0.00 $220,500.00 Note. Minimum Share Required is $109,390.00. Share expenditures that are presented and that are above the minimum are subject to the conditions of Section 1.S. of this contract. (Specification, assignment, and claim of match to the Department of Archaeology and Historic Preservation) Attachment#2 SCOPE OF WORK The GRANTEE shall cause or shall cause others to complete Page 9 of 13 Grant No. FY20-90006-LEWIS Rehabilitation of portions of the Lewis County Courthouse, including but not limited to. A. Extenor Rehabilitation 1.) Repoint exterior masonry on the south façade of the p ry a� th courthouse Specifications for repointing of south façade to be approved by program staff 2.) Repoint exterior masonry on the west façade of the courthouse. Specifications for repointing west façade to be approved by program staff. 3.) Repoint masonry joins of granite steps at both the north and south entry of the courthouse Specifications for repointing of steps to be approved by program staff 4.) Replace existing doors at the east entry to the courthouse. New doors to be ADA accessible. Replacement doors and hardware to be approved by program staff. The county will provide final architectural/construction drawings and/or designs for the work noted above to the Department of Archaeology&Histonc Preservation to ensure compliance with the Secretary of the Intenor's Standards for the Rehabilitation of Historic Properties In implementing the above scope of work, the county will reference the following Preservation Briefs to inform treatments and methods in compliance with the Secretary of the Interior's Standards for the Rehabilitation of Historic Properties: Preservation Brief#2 Repointing Mortar Joints in Histonc Masonry Buildings• https.//www.nps.gov/tps/how-to-preserve/bnefs/2-repomt-mortar-j oints.htm Page 10 of 13 Grant No. FY20-90005-004 Attachment#3 State Form A-19 Invoice Voucher(attached) Page 11 of 13 Grant No. FY20-90006-LEWIS Attachment#4 Report of Services/Labor Value Appraisal This Attachment intentionally left blank Page 12 of 13 Grant No. FY20-90006-LEWIS Attachment#5 Competitive Negotiation and Small Purchases Contracting Documentation Page 13 of 13 BOCC AGENDA ITEM SUMMARY Resolution: 20-032 BOCC Meeting Date: Jan. 27, 2020 Suggested Wording for Agenda Item: Agenda Type: Deliberation Accepting a grant for the restoration and preservation of the Historic Lewis County Courthouse Contact: Doug Carey Phone: 3607401192 Department: CS - Central Services (including SWWF and Facilities) Description: Accepting a grant for rehabilitation projects at the Historic Lewis County Courthouse from the Washington State Department of Archaeology and Historic Preservation. Approvals: Publication Requirements: Publications: User Status PA's Office Approved Steve Wohld Approved Additional Copies: Cover Letter To: