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HomeMy WebLinkAboutR-1996-080 Selah / Naches Avenue RehabilitationRESOLUTION NO. R-96- 8 0 A RESOLUTION approving the Interlocal Agreement for Rehabilitation of a portion of Naches Avenue within the City of Selah. WHEREAS, the City of Selah will receive federal aid project funding through the Washington State Department of Transportation to rehabilitate portions of the roadway, sidewalks, curb and gutter pavement, and drainage of that street known as Naches Avenue in Selah, WHEREAS, the City of Selah desires the City of Yakima to perform the construction of such federal aid projects and it would be in the public interest of Selah and Yakima for Yakima to perform the Naches Avenue construction, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA The City Nlanager and the City Clerk are hereby authorized and directed to execute the attached and incorporated "Interlocal Agreement for Rehabilitation of Naches Ave ADOPTED BY THE CITY COUNCIL this 25th day of une ,1996 ATTEST JOHN PUCCINELLI, ASSISTANT MAYOR KaA.,2.... )2' /e ms City Clerk INTERLOCAL AGREEMENT FOR REHABILITATION OF NACHES AVENUE d. WITHIN THE CITY OF SELAH THIS AGREEMENT, made and entered into by and between the City of Yakima, a municipality of the State of Washington, hereinafter referred to as "Yakima", and the City of Selah, a municipality of the State of Washington, hereinafter referred to as "Selah", witnesseth': WHEREAS, Selah will receive federal aid project funding through the Washington State Department of Transportation, to rehabilitate portions of the roadway, sidewalks, curb and gutter pavement, and drainage of Naches Avenue, from Second Street to Fourth Street, and from Wenas Avenue to Railroad Avenue, and a copy of the Washington State Department of Transportation Project Prospectus concerning the same is attached hereto and incorporated by reference; and, WHEREAS, it would be in the public interest of Selah and Yakima for Yakima to perform the Naches Avenue construction; and, WHEREAS, these types of agreements are authorized by RCW 39.34; and, WHEREAS, in consideration of the mutual covenants and agreements herein contained; IT IS NOW, THEREFORE, covenanted and agreed as follows: 1. Selah hereby authorizes Yakima to perform all work to rehabilitate portions of the roadway, sidewalks, curb and gutter pavement, and drainage at Naches Avenue between Railroad Avenue and Wenas Avenue, and between Second Street and Fourth Street, as set forth and contemplated by the Project Prospectus submitted to the Washington State Department of Transportation relating to federal aid projects, attached hereto and incorporated by reference. Yakima shall perform such work in compliance with the said Washington State Department of Transportation Project Prospectus. 2. The above identified work shall be performed in accordance with the Washington State Department of Transportation Standards. 3. Yakima shall provide all engineering and administrative services necessary to perform this Agreement. Prior to the commencement of work, Yakima shall submit for Selah approval Yakima's preparation of plans, specifications, and estimates which shall include all bid documents, contract provisions and plan sheets, accompanied by the engineer's estimate of proposed construction work. Selah must approve the above, including estimated costs, prior to commencement.of work. 4. Selah shall pay the actual costs of the above identified reconstruction work performed by Yakima in accordance with the terms of this Agreement. The costs of work shall include the actual cost of labor, equipment rental, engineering, materials used in the construction or maintenance work involved, fringe benefits to labor including Social Security, retirement, industrial and medical aid costs, prorated sick leave, holidays and vacation time, and group medical insurance. Yakima shall submit to Selah a certified statement of the costs of work performed. 5. Selah and Yakima shall each enact a resolution in accordance with RCW 39.34.030 (2) to authorize this Interlocal Agreement, which Agreement shall become effective upon the latter of A) the date of said Agreement, or B) the date said resolutions each become effective. 6. It is understood and agreed between the parties hereto that Yakima will hold harmless, indemnify and defend Selah, and its officers, employees, and agents, from all claims, losses, demands, actions, and causes of action of any nature whatsoever including but not limited to personal injury, property damage, or death, which result from any act or omission of Yakima, its officers, agents or employees which breaches Yakima's obligations under this agreement. 7. This Agreement shall continue in duration until the completion of the project, provided, that in the event the Secretary of the Washington State Department of Transportation terminates the above referenced Washington State Department of Transportation City/County Agreement, Selah may terminate this Interlocal Agreement upon notice to Yakima. S. The Selah Director of Public Works shall be responsible for administering this Agreement. Except for materials incorporated into the project, all property used by either party to this agreement to accomplish the purpose and intent of the Agreement shall remain the property of that party. Yakima shall furnish to the Selah Director of Public Works copies of all documents and letters relating to this project, together with all original tracings. 9. A copy of this Agreement shall be filed with the Selah City Clerk, the Yakima City Clerk, and the Yakima County Auditor, and the Secretary of the State of Washington. 10. In event of dispute under this Agreement, venue shall be Yakima County, Washington. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year below written. CITY OF SELAH CITY OF YAKIMA o.^ -rt Mayor Date 7—"Z3 -9e - By Z3 —9 By�� R. A. Zais, Jr City Manager Date ATTEST: ATTEST: APPROVED AS TO FOR Kevin Roy City Attorney Karen Roberts City Clerk 3,1(MACI et. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. L3 For Meeting Of Tune 25, 1996 ITEM TITLE: Resolution Authorizing Interlocal Agreement with the City of Sel for the construction of portions of Naches Avenue SUBMITTED BY: Dept of Community & Economic Development - Engineering Division CONTACT PERSON/ TELEPHONE: Fred French, City Engineer / 575-609 SUMMARY EXPLANATION: The City of Selah has received funding approval for the rehabilitation of portions of Naches Avenue, from Wenas Avenue to Railroad Avenue, and from Second Street to Fourth Street. The City of Yakima and Selah previously entered into an agreement for the above project but the agreement expired prior to state approval of the funding. The revised agreement will remain in effect until the end of the project Resolution X Ordinance _ Contract _Other (Specify) Original & Revised Agreements Funding Source City of Selah APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass the attached Resolution authorizing the City Manager and City Clerk to sign the amended interlocal agreement with the City of Selah for the reconstruction of portions of Naches Avenue, in Selah. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-96-80 June 10, 1996 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of Tune 20, 1995 ITEM TITLE: Resolution Authorizing Interlocal Agreement with the City of Selah for the construction of portions of Naches Avenue SUBM11"1'ED BY: Dept. of Community & Economic Development - Engineering Division CONTACT PERSON/TELEPHONE: Fred French, City Engineer / 575-6 SUMMARY EXPLANATION: The City of Selah will receive federal funding (ISTEA) for the rehabilitarion of portions of Naches Avenue, from Wenas Avenue to Railroad Avenue, and from Second Street to Fourth Street. City of Selah is not authorized to directly administer the federal funds and the Yakima Engineering Division does have the authorization to directly administer these types of projects. The Engineering Division has the desire and ability to complete this project for the City of Selah within the time frame desired. The Engineering Division completed a similar project for Union Gap, Rainier Place, in 1991. The agreement for this new project is the same as the 1991 Rainier Place project Resolution X Ordinance Contract Other (Specify) Agreement Funding Source City of Selah APPROVED FOR SUBMITTAL: q_7',— City Manager STAFF RECOMMENDATION: Pass the attached Resolution authorizing the City Manager and City Clerk to sign the interlocal agreement with the City of Selah for the reconstruction of portions of Naches Avenue, in Selah. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-95-87. June 15, 1995 CITY OF SELAH Public Works Department 113 West Naches Avenue Selah, Washington 98942 July 15, 1996 Fred French, P.E. City Engineer, City of Yakima Department of Community & Economic Development 129 North Second Street Yakima, Washington 98901 Dear Fred, RE: Naches Avenue Overlay, Selah Wa. P-STPUS-TA96(042) Bus: (509) 698-:365 Fax: (509) 698-7372 Attached is a copy of Fund Authorization Letter from WSDOT for the above project. Included is the original request for payment form. If you have any questions please feel free to call me. Sincerely, INII Jose. K. He Assistant Pu ne lic Works Director cc: Bill Linse, WSDOT Trans Aid Dist. 5 Frank Sweet, City Supervisor Kristi Higgins, Clerk Treasure Naches Overlay file 414.35.02 chron ENGINEERING JUL 16 1996 RECEIVED 9 � Washington State �I/ Department of Transportation Sid Morrison Secretary o` Transportation May 31, 1996 Mr. Dale Nobel Public Works Director 115 W. Naches Avenue Selah, WA 98942-1323 Transportation Building P 0 Box 47300 Olympia, WA 98504-7300 City of Selah Naches Avenue Overlay P-STPUS-TA96(042) FUND AUTHORIZATION Dear Mr. Nobel: We have received FHWA fund authorization, effective May 24, 1996, for this project as follows: PHASE TOTAL FEDERAL SHARE Preliminary Engineering $ 10,500 $ 9,082 Construction $126,500 $109,422 In addition, categorical exclusion determination has been approved. Enclosed for your information and file is a fully executed copy of Local Agency Agreement LA -3247 between the state and your agency. Also enclosed is a pre-printed Progress Bill form for the referenced project. Please forward this form to the person handling billings. Federal funds for this project are limited by your regional ISTEA project selection agency to $118,505. All costs beyond those in the latest executed agreement are the sole responsibility of your agency. Please remember to provide your Regional TransAid Engineer with one set of PS&E for his use at least two weeks prior to requesting a contract number. A contract number must be obtained from WSDOT prior to advertising for bids on local ad and award projects. Reimbursement for construction costs will not begin before the contract is awarded. You may proceed with the administration of this project in accordance with the City of Yakima's WSDOT approved Certification Acceptance agreement. Sincerely, WTG:ds Enclosure cc: Bill Linse, South. Central Region TIB WAYNE T. GRUEN, PE - Deputy Assistant Secretary TransAid - 41111116. Washington State ;WDepartment of Transportation Agency CITY OF SELAH AGENCY Local Agency Agreement 115 WEST NACHES AVE. Address SELAH, WA 98942 Project No. P- 5TPUS- l 1% (04Z) Agreement No. LA 324 For Headquarters WSDOT use only. The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102 and A-128, (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line s, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name GRIND & OVERLAY EAST & WEST NACHES AVE. Lenth 0.30 MILE g Termini RAILROAD AVE. WEST TO N. WENAS AVE./SOUTH 2ND ST TO N 4TH ST. Description of Work "Federal participation in construction engineering (q) is limited to 15 percent of the total contract costs (line m, column 3). The federal aid participation rate in this project will be determined by the Federal Government. The parties expect that it will be 86.5 percent; however, it is understood that the rate may vary The Local Agency agrees that this agreement is entered into without relying upon any representation by the state made outside of this contract, or contained herein, as to what the federal participation rate will be. It further agrees that it will not condition any future actions with respect to the project covered by this agreement upon past, current, or future representations as to the federal participation rate. The dollar amount of federal participation cannot exceed the amount shown in line s, column 3 All costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. DOT Form 140-039 Revised 11/94 1 Type of Work Estimate of Funding (i) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated Federal Funds PEa. Agency work b. Other 10,000 500 1,350 68 8,650 437 c. State services d. Total PE cost estimate (a+b+c) 10,500 1,418 9,082 Right of Way e. Agency work f. Other .... ... ... ... .. g. State services h. Total R/W cost estimate (e+f+g) 0 0 0 Construction i. Contract j. Other 110,000 .... ....... ..... .. 110,000 14,850,:',' 14,850 95.„ 150 ... 95,150 k. Other 1. Other m. Total contract costs (i+j+k+l) Construction Engineering n. Agency o. Other00 15,000 ... L.500 ......... 2,025 00 .... .20.3 12,975 00 1.12.9$'' p. State forces q. Total construction engineering (n+o+p) r. Total construction cost Estimate (m+q) 16,500 2,2274 14, 2 7 Z 176.500 17. 17.07Vg 109.471/ s. Total cost estimate of the project (d+h+r) 137,000 18,495(0 118, 5054 "Federal participation in construction engineering (q) is limited to 15 percent of the total contract costs (line m, column 3). The federal aid participation rate in this project will be determined by the Federal Government. The parties expect that it will be 86.5 percent; however, it is understood that the rate may vary The Local Agency agrees that this agreement is entered into without relying upon any representation by the state made outside of this contract, or contained herein, as to what the federal participation rate will be. It further agrees that it will not condition any future actions with respect to the project covered by this agreement upon past, current, or future representations as to the federal participation rate. The dollar amount of federal participation cannot exceed the amount shown in line s, column 3 All costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. DOT Form 140-039 Revised 11/94 1 Construction Method of Financing (check method selected) State Ad and Award O Method A — Advance Payment — Agency share of total construction cost (based on contract aw.ird) O Method B — Withhold from gas tax the Agency's share of total construction cost (line 4, column r) in the amount of $ at $ per month tor months Local Force or Local Ad and Award O Method C — Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedi n ., federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Ad<1i,1,,,1 on , 19 Resolution/Ordinance No. A to By MAYOR ROBERT L. JONES Provisions L Scope of Work The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the "Project Description" and "Type of Work." When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in "Type of Work" on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. II. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project as requested by the Agency If the Local Agency advertises and awards the project, the State shall review the work to ensure conformity with the approved plans and specifications. M. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. !V. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with procedures prescribed by the Division of Municipal Corporations of the State Auditor's Office, the U.S. Department of Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final DOT Form 140-039 Revised 11/94 Washington State De art By Asses eph„... 2 and as a condition to payment of the by official action If Transportation MAY 2 4 1996 Date Executed payment of any federal aid funds to the Agency Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are: 1 Preliminary engineering up to and induding approval. 2. Preparation of plans, specifications, and estimates. 3. Right of way acquisition. 4. Project construction. In the event that right of way acquisition, or actual construction of the road, for which preliminary engineering is undertaken is not started by the closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section VIII) The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. Vi. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accord with the Intermodal Surface Transportation Efficiency Act 1991, Title 23, United States Code, as amended, and Office of Management and Budget circulars A-102 and A-128. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. 1. Preliminary Engineering, Right of Way Acquisition, and Audit Costs The Agency will pay for Agency incurred costs on the project. Following such payments, vouchers shall be submitted to the State in the format prescribed by the State, in quadruplicate, not more than one per month The State will reimburse the Agency up to the amount shown on the face of this agreement for those costs eligible for federal participation to the extent that such costs are directly attribut- able and properly allocable to this project. Expenditures by the Local Agency for the establishment, maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section VIII). 2. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A — The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B — The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C — The Agency may submit vouchers to the State in the format prescribed by the State, in quadruplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for the establishment, maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section VIII). VII. Audit of Federal Aid Project The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States, WSDOT Directive D27-50, Consultant Authorization, Selection, and Agreement Administration, memoranda of understanding between WSDOT and FHWA, and Office of Management and Budget Circular A-128. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section VIII) VIII. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal DOT Form 140-039 Revised 11/94 3 participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Assistant Secretary for Local Programs. IX. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to lie installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. X. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency's execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. No liability shall attach to the State or Federal Government except as expressly provided herein. XI. Nondiscrimination Provision The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: "DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES AS FOLLOWS:" (a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Agency advising the said labor union or workers' representative of the contractor's commitments under this Section 11-2 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provision' of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor (e) The contractor will turnish all information and reports required by Executive Order 11246 of September 24, 1'165, and by the rules and regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Federal Highway Administration and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law (g) The contractor will include the provisions of this Section 11-2 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Agency, Washington State Department of Transportation, or Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved m, or is threatened with, litigation with a subcontractor, he may request the United States to enter into such litigation to protect the interests of the United States. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order, 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. XII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 630, Subpart 305, as supplemented, relative DOT Form 140-039 Revised 11/94 to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failun• to include liquidated damages provision will not relieve the Awncy from reduction of federal participation in accordance with this paragraph. XIII. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part, whenever. (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work 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 (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary determines that such termination is in the best interests of the State. XIV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the Superior Court for Thurston County XV. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipicnts shall certify and disclose accordingly This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than 510,000 and not more than S100,000 for each such failure. Additional Provisions 4 B L.LF EClLJ _' CI EC F'( Y't'flEi'+ur Agency: Selah Fele ral Aid No.: 'US-TA9 :2) PROGRESS BILL NO: 01 DATE: 115 West Naches Avenue Section: Naches Overly Selah, WA 98942 Anrement No: LA- Last Voucher Paid 00/00/00 AGENCY BILLING IDENTIFICATION LA -3247 LOCAL CONTRACT NO. (For agency use only) (000) (00) (0) (1) (2) ,;i ',TYPE OF WORK E. FINAL PROGRESS BILL' PE YES I NO ' ; Pro3ect Completion Status RIGHT OF WAY YES / NO CONSTRUCTION YES / NO PE Right of Way X Construction X (3) (4) (5) (6) (7) (8) (9) Total ;Tot ; Total Total ; Total Total Fed. ; Amount ; Amount Total ; Amount ; Remaining ; Expenditures ;Ex;..nritures ; Expenditures Eligible ; Eligible Eligible X ; Claimed This ; Claimed Claimed ; Authorized ; Federal ; This Period ;Pr - ; To Date This Period Prior Period To Date ; Period ; Prior Periods To Date ; Per Agreement ' Funds Col 1 + Col 2 ;Col 1 # Col 4 ; Col 5 + Col 6 ; ; Col 8 Col 7 + + !-t + + + + + + i ! l i 1 1 1 1 1 i 1 i i ( , I i ! 1 1 1 1 Agency Work ; ; 0.0 ; ; 0.00 ; 85.50X; ; 0.00 ; 8,550.00 ' + + + + + 4 + + + 0.1 • F ; ( 0.00 ; ( ( ( 0.00 _ + + + + + + + + + Total PE , 0.r 0.00 ;1 0.00 ; $8,550.00 ##1tM int#t #####m ##############1##t+#tits #t#tit####+t#,. :#####t-.'=#l#$#tt##l#####+####t##########+lt##tt######tl#+##llIIIII#t###+###tl ##+#####tttt######+$1MI###t####t+##########t###l+##t#ltt########+l#t###t######## ' 'Agency Work 0.00 ; ; 0.00 ; ; ; 0.00 ; ; + -- + + + + 1- . + + + 0. �.1•' , 1 0.00 , 1 1 0.00 , i 1 1 1 1 1 , + +--_ _ + + 5 + + + + ( + + 0• ' ' 0.00 1 i 1 , 0.00 ; ##t#le•. Tia#tit#####l##t+t¢###t#l###l##l+##t###t#l#####t+t#t#l##t####tlt+###t###+#tt#t#####t#tl#+###t##t#####l#1+t#########loll #t#t####tt#t#t#+###t#######t### ,1 1 1 1 0.00 ; ; 86.50X: + + + + + ;P. f, Total RW $$$$$$t;rniti#"######I$Mt#####i######+#####'l######## 14, CONSTRUCTION:- , 9.1.. . - Contract; ; 0.00 +----- + + ,; 1 0.00 , + + + 0.00 ; 5.00 T f + ,' Total Contract Work ; 0.00 f + 0.00 ; ; 95,150.00 + + -i- 0.00 ; ; 1 ; 0.00 ; ; 0.00 + + + + + + 0.00 ; ; 0.00 1 0.00 u.uu + + i i 0.55-1t 0.56- + + 0.00 ; 0.00 ; ; 95,150.00 +'+++;f+++++++++++++++++++++++++++++%++++++++++++++=t:++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 0 -Agency Construction Engin. ; +++++++++++++++ ; 0.00 , ; ; 0.00 ; ; 85.50X; 1 0.00 ; ; 12,975.00 +--- + + + + + + + + + 0.00 1 ; ; 0.00 ; ; ; ; 0.00 ; 0.00 + +---' ' + + + + + + + + ttal'Const. Engineering ; 0.00 ; , 0.00 ; ; ; ; 0.00 ; 12,975.00 ++++++++++++++++++++++++++++++++++< ++++++++++++++ ++++++++++ '++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ +++++++++++++++ Total Construction i '0.0i 0.00 1 1 : : ##$$$$$$$$$$#$$#$$$$$#$$#$$$$##1#1##1##1####lat######$#t#1#r : tttl l#1##ltt####tt:*Oltt#til#til#;##11#$$##t##lit;##t#l##tilt#$#t;#Mill# TOTAL PROJECT ; ; 0.05, ; 0.00 ; ; M I#1#####tilt 0.00 ; ; $108,125.00 #tt#tt#l#l#####;#t##t#####lt#lt;tt##tt####$#$$$ 0.00 ; $115,775.00 , tilt#t###t#$### 1 .Certify that iA accordance with the laws of .kbe State of W- :gton ar .rider the conditions of approval for the project identified above, actual costs claimed have been incurred and are eligible for the purposes specified; al:so,'ttat no other claims have been presented to or payment -de by t ateFof Washington for those costs claimed herein for reimbursement. / DM I N I STRe ,T I iO. N OVERHEAD i S NOT EL_ I6 ' _E FC = ,FEDERAL -AID REIMBURSEMENT Signee Ti e Date Approved by District Local Programs Engineer Date (DLPE Return Original and 1 copy to Headquarters Local Prograas) Return Original to District 5 Local Progratis, P.U. Box 1.' YakimE ,A 98909-2560 One Copy - Retain in your Fi es Form PPC2 Revised 6A1;'7 1 a1 fit. Washington State 7rFa Department of Tran. station Local 1 jency Agreement Agency CITY OF SELAH 115 WEST NACRES AVE. Address SELAH, WA 98942 Project No. Agreement No. For Haadquartors WSDOT use only. The Local Agency having ccerpb.d, or hereby agreeing to cog+ply, with the terms and eoeneStiona set forth in (A Tule 23, US. Code Highways. 0) the regulations issued pursuant thereto. 0) Office of Management and Budget Cambers A-102 and A-121, tit) the polities and procedures promulgated by the Washington State Department of Trcnsportatiart and 6) the federal aid project agree cnent entered into between the State cid Federal Covonote nt relative to the above project. the Washington State Department of Transposution will authorize the Local Agency to proceed on the project by a separate noti£otion. Federal funds which arc to be obligated for the project may not exceed the amount shown herein on line s, column3, without Mille t authority by the State, subject to ttw approval of the Federal Highway Administration All project costa not reimbursed by the Federal Covernawnt shall be the respoaab@uy of the Local Agency. Project Description Name GRIND & OVERLAY EAST & WEST NACRES _AVF _ Length n .3n AtTT_F TerminiRAILROAD AVE. WEST TO N. WENAS AVE./SOUTH 2ND ST TO N 4TH ST. Description of Work THE PROJECT WILL CONSIST OF GRINDING THE EXISTING ASPHALT CONCRETE PAVEMENT AND OVERLAYING THE ROAD SEGMENT WITH ASPHALT CONCRETE AND LANE STRIPING. 'Federal partidpatioa is conZ*$i Loa eagiaeedag (q) is limited to 1S percent of the total marred costs Oise at mime 1). The federal aid participation rate in this project will be determined by the Federal Covent:nem The parties expect that it will be 86.5 percent: however, itis understood that the rate may vary. The Local Agency agnea that this agreement is entered into without relying upon any representation by the state made outside of this contract or contained herein. as to what the federal participation rate will be. It further agrees that it will not condition any future actions with respect to the project covered by this agree next upon past curzent or future representations as to the federal participation rate. The dollar amount of federal participation cannot exceed the amount shown m bre s. column3. All ems not reimbursed by the Federal Covernmcnt shall be the responsibility of the Local Agency. DOT Estimate of Funding Type of Work at Estimated Total Project Ponds m Estimated Agency Funds (3) Estimated Federal Funds PE a. AgeOthary work >>. Other 1 (9„c 000 1 ,3_52.1____. 'a & co c. State sere d. Total PE cost estimate (a+b+c) Soo Co 8 y 3 t 10 , c-00 I 14 1 e 9 , o Z Right of Way e. Agency work L Other g. State services h. Total R/W cost estimate (e+f+g) 0 0 Q Construction L Contract Other i Q4 0 00 1 LI , 6 SU er )'i / S'_, —I j. k. Other 1 Other at. Total contract costs G+j+k+g Construction Eagiearvtg n. Agency, o. Other 1 10 , Oo o i 4, 87v- 4'4-, /-"Z: 16- 000 210 2 S� 17 . g O ) L.2 0 0 . •• 06 p. State forces q. Total construction engineering (n+o+p) r. Total construction cost Estimate (cot+q) 1 , S-00 /01.t ... • 4-')J 2/ L V) • " . t."1-1 11.(6...5o0 i?, 0 > 5 /Of, YLZ s. Total cost estimate of the project (d+h+r) 151),000 %, 4 / r i I (, Sg 'Federal partidpatioa is conZ*$i Loa eagiaeedag (q) is limited to 1S percent of the total marred costs Oise at mime 1). The federal aid participation rate in this project will be determined by the Federal Covent:nem The parties expect that it will be 86.5 percent: however, itis understood that the rate may vary. The Local Agency agnea that this agreement is entered into without relying upon any representation by the state made outside of this contract or contained herein. as to what the federal participation rate will be. It further agrees that it will not condition any future actions with respect to the project covered by this agree next upon past curzent or future representations as to the federal participation rate. The dollar amount of federal participation cannot exceed the amount shown m bre s. column3. All ems not reimbursed by the Federal Covernmcnt shall be the responsibility of the Local Agency. DOT 4111111► � Washington State 1!/ Department of Transportation Federal Aid Project Prospectus Prefoc STPV Route c ) Federal Aid Project Number IDate 1 6, _/5--_,r- LoadAg �y Project Number Agency CITY OF SELAH FedenWPmgramlIa ❑ 23.234 20.205 ❑ 20206 ❑ 20239 ❑ Other ProiscATIlle GRIND & OVERLAY EAST AND WEST NACRES AVE. o. l Number of Lanes TWO ProjectTsmiti From To Local Agency Canal Person JOE BENNE RAILROAD AVE. & SOUTH SECOND STREET JENAS AVE. NORTH FOURTH STREET Phone lAn9) x,98_7'155 Frcerc MP To: MP Lerch of Naiad ❑ maw Award Type Leg Code 98942 By 0.30 0 IQlometers a Loot 0 Loc Forces 0 stow ■ Rafrnsd Federal Agency Cty Number County Number Canty Name DOT Region ® FHWA ❑ others _ 1155 39 YARIMA 5 EIS CE EA ang Cress+onsi District Legisistiv* Districts Urban Ara Number TZVSA / itpO / RTPO I 0 t gu 0 m 4 14 _ 5 YVCOG P.E. Total Estimated Cdst .fir Dcas4 ., 10, 500 t_ocat Agency.:. • :tiNasrest Dollar) 4'/7 :Percent federal •)::;, :stands,;_ 8G• s 6 - qs- RPW 0 0 0 Const Total / 2 6, 6 -vv �.("78 /oq', 4Z Z 8 r s-�G Description of Existing facility (Existing Design and Present Condition) Roadway Width 44 FEET Number 01 Lanes TWO and reflective cracking from the old portland cement roadway underneath. The project will begin at Railroad Ave. then west to Wenas Ave., and start again at S. 2nd St. then west to S. 4th St. The length of the project is approximately 0.30 mile with parking on both sides. East Naches was recently reconstructed east of Railroad Ave. Description Of Proposed a .. 0 New Construction g:t3-R ❑ 2-R Roadway Width 44 FEET l Number of Lanes TWO The project will consist of grin to the old portland cement roadway asphalt concrete and lane striping, ing the existing asphaltic concrete pavement Gown underneath and overlaying the road segment with concrete curbs will be replaced as afforded. Local Agency Canal Person JOE BENNE Tisk ASR TANT DIRECTOR OF PIM 1701MR, Phone lAn9) x,98_7'155 Maw' g Address 113 WEST NACRES AVE. City a :. WA _ Leg Code 98942 By Location and Design Approval Adefix (CA Agencies Only) Av*pb Title Date DoT Form 1440M R.r..d 1 uM Page 1 of 3 1 Agency SELAH Project The GRIND 6 OVERLAY EAST 6 WEST NACHES A1,71" :. : .. Geometric Design Data •:-• .,.. .- -- .,- - .: .-:. ..-i -i-- ..i. ... ,, Description Through Route Crossroad Federal Functional Classification 0 Principal Arterial Urban 0 Woof Model 0 coaader Urban 0 01.finor in Principal Arterial Arterial Collectix 0 MaPf Color:tor Rural -0 !Ara Cotiector - 0 Access Street/Road 0 Major Colector Rural 4_1:2 Ltrar Gamer 0 Access Street/Road Terrain 43 not 0 Reit 0 Mountain — 0 Flat • Rel 0 Mountain Posted Speed 25 Design Speed 25 Existing ADT 4639 ' Design Year ADT • Design Year Design Hourly Volume (DHV) • . .4, Accident.- 3 Year Experience Property Injury Accidents Fatal Accidents Year Damage Accidents Number of Accidents Number of Injuries Number of Accidents Number of Fatalities Total Number of Accidents 1991 700 1 0 0 0 1 1992 1.300 1 0 0 0 1 1993 0 0 1994 1,000 1 4 0 0 1 Total Number of Acticierrte Attributable to Lack of having theProrsid1reitiabiieribi ....,:::;i:::;:;:i-.:"P.T.•it ::.:. 1 Performance of Work . .......................................... . . . Pretiminary Engineering MI Be Performed By CITY OF YAKIMA Others 100 Aosricy Construction MI Be Performed By CONTRACTOR Ccritract 100 Avner Environmental Considerations NONE, PROJECT IS CLASSIFIED AS CLASS II Check 11No RNile Required -(DOTrom+2624X0andErviersamorginustbeonSevAthileCA/cencyjelerleChapler2SLAGnienuel) Right or Way and Relocation Water Area Involvement NONE, ONLY NATURAL RUN OFF ASSOCIATED WITH RAINFALL DOT Fwm144aM kromodiUM Page 2 of 3 1 AGENCY }' PROJECT TITLE SELAH I GRIND & OVERLAY EAST & WEST NACHES AVE. DATE DESCRIPTION OF UTILITY RELOCATION OR ADJUSTMENTS AND EXISTING MAJOR STRUCTURES INVOLVED N THE PROJECT: THIS PROJECT WILL ONLY REQUIRE ADJUSTMENTS TO EXISTING SEWER MANHOLES AND WATER VALVE BOXES. FAA INVOLVEMENT Is any airport boated within 2 miles of the proposed project? 0 Yes © No REMARKS: THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES, OR ITS' DESIGNEE, AND IS NOT INCONSISTENT WITH THE AGENCYS COMPREHENSIVE PLAN FOR COMMUNITY DEVELOPMENT. AGENCY: DATE BY: (Mayor/Chairman) DOT Form 140-009 A Revised7/87 Page 3 of 3