HomeMy WebLinkAbout02/03/2026 07.F. Resolution - grant agmt with WSDOT_PTD1012_purchase four transit vehicles 'V
e+
0
i 1�• 1.,‘"
r
t:',gin.;—''_1e _-
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.F.
For Meeting of: February 3, 2026
ITEM TITLE: Resolution authorizing a grant agreement with Washington State
Department of Transportation to fund the purchase of four Transit
admin vehicles (100°/o Grant funded)
SUBMITTED BY: Scott Schafer, Public Works Director
* Jim Hogenson, Transit Manager
SUMMARY EXPLANATION:
The Washington State Department of Transportation (WSDOT) through the State Transit Support
Vehicle Grant program, has awarded Yakima Transit grant funding in the amount of$145,252 to be used
to purchase four new Transit admin vehicles as part of Yakima Transit's Capital Vehicle Replacement
Plan. The grant funding does not require a local match.
In order to receive the funding, it is necessary for the City of Yakima to execute Grant Agreement
PTD1012 with WSDOT which has been attached for City Council review.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Resolution 4 Admin Vehicles PTD1012.docx
PTD1012 Yakima Transit ConsCapTSF unsigned.pdf
95
RESOLUTION NO. R-2026-
A RESOLUTION authorizing a Grant Agreement with Washington State Department of
Transportation to fund the purchase of Four Admin vehicles.
WHEREAS, the City of Yakima (City) needs to replace four admin vehicles that have
reached the end of their useful lives consistent with Yakima Transit's Capital Vehicle Replacement
Plan; and
WHEREAS, the Washington State Department of Transportation (WSDOT) opened a
grant funding opportunity under the State Transit Support Vehicle Grant; and,
WHEREAS, Yakima Transit applied for and was awarded a grant in the amount of
$145,252 which does not require a match; and
WHEREAS, in order to receive this funding, the City must execute Grant Agreement
PTD1012 with WSDOT setting forth the grant's terms and conditions, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute Grant Agreement PTD1012, attached
hereto and incorporated herein by this reference, to fund four admin vehicles in the amount of
One Hundred Forty Five Thousand Two Hundred Fifty two Dollars ($145,252).
ADOPTED BY THE CITY COUNCIL this 3rd day of February, 2026.
Matt Brown, Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
1
96
AlIlk Public Transportation Division
Washington State 310 Maple Park Avenue S.E.
VI Department of Transportation P.O.Box 47387
Olympia,WA 98504-7387
WSDOT Contact: Crystal Lloyd
WSDOT E-mail: crystal.11oydawsdot.wa.gov
WSDOT Phone: 360-705-7819
Consolidated Grant Program
Formula Vehicle Grant Agreement
Agreement Number PTD1012 Grantee: Yakima Transit
Term of Agreement July 1,2025 through June 30,2027
Vendor# SW00071220 2 2301 Fruitvale Blvd
UEI FJNNX1XFJ9K3 Yakima,WA 98902-1225
ALN#/ALN Name N/A
Indirect Cost Rate No
R&D No
Service Area Kittitas and Yakima Counties Contact: Scott Schafer
Email: Scott.Schafer@yakimawa.gov
THIS AGREEMENT, entered into by the Washington State Department of Transportation, hereinafter "WSDOT," and the Grantee
identified above, hereinafter the"GRANTEE,"individually the"PARTY"and collectively the"PARTIES."
WHEREAS, the State of Washington in its Sessions Laws of 2025, ESSB 5161, Sections 221 and 308, authorizes funding for Public
Transportation Programs and other special proviso funding as identified in the budget through its 2025-2027 biennial appropriations to
WSDOT;and
WHEREAS, the GRANTEE has requested funds for the project(s) or program(s) shown under the heading titled "Funding by
Project"(hereinafter known as the"Project(s)")which has been selected by WSDOT for funding assistance.
NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and
incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS:
Section 1
SCOPE OF WORK AND BUDGET
Funding by Project
Project Title: New Admin Vehicle Grant
UPIN# N/A
Scope of Work: Purchase four(4)replacement,gas-powered sport utility vehicles.
Type of Funds Percentage Current Funds Projected Funds Total Funds
State Transit Support
(CCA) 100.00% $145,252 $145,252
Projected Grant Funds $0 $0
Grant Funds 100.00% $145,252 $0 $145,252
Grantee's Funds 0.00% $0 $0 $0
Total Project 100% $145,252 $0 $145,252
Budget: Current State Funds reflect total funding appropriated by the Washington State Legislature for the 2025-
2027 biennium.As applicable,Federal Funds are subject to availability of federal apportionments and
obligation by the Federal Transit Administration(FTA).
Yakima Transit Page 1 of 20 97
PTD1012
Section 2
Purpose of Agreement
A. The purpose of this AGREEMENT is for WSDOT to provide funds to the GRANTEE for
the planning, design, acquisition, construction, and/or improvements of capital rolling
stock, equipment, facilities, and/or infrastructure to be used in the provision of public
transportation services to persons in the State of Washington, referred to as the
"Project." Reference to the "Project" shall include all such capital rolling stock,
equipment, facilities, and/or infrastructure (collectively, "Project Assets") designed,
acquired, constructed, improved, or installed under this AGREEMENT.
B. If this AGREEMENT includes any federal funding through WSDOT Public Transportation
Division, in addition to the requirements of Sections 1 through 47 of the AGREEMENT
the GRANTEE will also comply with all requirements imposed by, or pursuant to 49 USC
Chapter 53, all other applicable federal laws, regulations and requirements and the
requirements set forth in Exhibit I, Summary of Federal Requirements, which is attached
hereto and by this reference incorporated into this AGREEMENT.
C. On projects where WSDOT is providing only state funds and the GRANTEE is using
funds received directly from the federal government as their share or part thereof on the
Project, the GRANTEE must assume full responsibility for complying with all federal rules
and regulations.
D. If the GRANTEE is found in non-compliance with federal rules and regulations, the
GRANTEE shall provide written notification to WSDOT supplying details related to the
non-compliance. Both PARTIES will analyze and determine the impact on the scope,
schedule, and funding of the Project. Remedies required up to and including the return
of funds will be identified to ensure the Project's scope of work is met as intended.
Section 3
Scope of Agreement
A. The GRANTEE agrees to perform the work and complete the Project as described and
detailed in Section 1. The GRANTEE shall complete the Project within the project limits
described in Section 1. The GRANTEE shall operate the rolling stock/equipment in the
service area as described in Section 1.
B. Project Administration: WSDOT is responsible for the Federal Transit Administration's
(FTA) oversight and management functions for FTA-funded projects if FTA funds are
awarded through WSDOT Public Transportation Division. The GRANTEE agrees that
WSDOT shall have the authority to carry out this responsibility, which includes but is not
limited to, access to project-related documents for review, processing, and approval, as
applicable, for each Project. For any Project where the GRANTEE requires work or services
to be performed by WSDOT for the GRANTEE to be in compliance with state and federal
requirements, the GRANTEE agrees to reimburse WSDOT for all of the actual direct and
indirect costs incurred by WSDOT for the performance of the work or services.
Yakima Transit Page 2 of 20 98
PTD1012
Section 4
General Compliance Assurance
A. The GRANTEE agrees to comply with all instructions as prescribed in WSDOT's
Consolidated Grants Program Guidebook, hereinafter referred to as the "Guidebook", and
any amendments thereto, found at, https://wsdot.wa.gov/business-wsdot/grants/public-
transportation-grants/manage-your-public-transportation-grant which by this reference is
fully incorporated herein. The GRANTEE agrees that WSDOT, and/or any authorized
WSDOT representative, shall have not only the right to monitor the compliance of the
GRANTEE 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.
B. The GRANTEE agrees that WSDOT, and/or any authorized WSDOT representative, shall
have not only the right to monitor the compliance of the GRANTEE 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.
Section 5
Term of Agreement
The Project period of this AGREEMENT shall commence and terminate on the dates
shown in the caption space header titled "Term of Agreement" regardless of the date of
execution of this AGREEMENT unless terminated as provided herein. The caption space
header titled "Term of Agreement" and all caption space headers above are by this
reference incorporated herein into the AGREEMENT as if fully set forth in the
AGREEMENT.
Section 6
State Review of Project
A. WSDOT shall review the Project identified in this AGREEMENT as Section 1- Scope of
Work and Budget, at least semiannually to determine whether the Project is making
satisfactory progress. If WSDOT has awarded funds, but the GRANTEE 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 37,
Termination.
B. The GRANTEE shall deliver the scope of the Project as described in Section 1- Scope of
Work and Budget. WSDOT shall review deviations from the approved scope or non -
delivery of a specific phase to determine whether the project still meets the Project intent.
If the Project is found in misalignment with the original intent, WSDOT will determine the
best course of action including extending the Project's schedule, requesting approval for
the change, or requesting repayment. The time for repayment and the amount will be
negotiated between WSDOT and the GRANTEE.
Section 7
Project Costs and Minimum GRANTEE's Match Requirement
A. The reimbursable costs of the Project shall not exceed the amounts detailed in Section 1-
Scope of Work and Budget. The GRANTEE agrees to expend eligible funds, together
with other funds allocated for the Project, in an amount sufficient to complete the Project
as detailed in Section 1. If at any time the GRANTEE becomes aware that the cost of the
Project will exceed or be less than the amount identified in Section 1, the GRANTEE shall
notify WSDOT in writing within thirty (30) calendar days of making that determination.
Yakima Transit Page 3 of 20 99
PTD1012
B. The GRANTEE is required to provide a minimum match percentage of funds for the Project
as identified in Section 1 —Scope of Work and Budget, indicated as GRANTEE's Funds.
Any reduction in the match will result in a proportional reduction in grant funds.
Section 8
Energy Credit
To the extent GRANTEE receives any monies from the sale or disposition of energy
credits, decarbonization credits, environmental credits, or any other monies through its
participation in a like program, GRANTEE agrees to reinvest those monies into services
and projects consistent with WSDOT's public transportation grant program.
GRANTEE'S obligation to reinvest these monies under this provision shall be in an amount
no less than the proportion of WSDOT's funding of this AGREEMENT.
Section 9
Inspection of the Project
A. The GRANTEE shall inspect any Project Assets purchased pursuant to this AGREEMENT
at the time of delivery to the GRANTEE. The GRANTEE has fifteen (15) calendar days
from delivery to either accept or reject the Project Assets. If rejected, the GRANTEE shall
provide a written notice specifying the Project Asset deficiencies to its vendor and WSDOT,
allowing the vendor a reasonable amount of time to cure the deficiencies or defects. Upon
receipt and acceptance of Project Assets, the GRANTEE agrees that it has fully inspected
the Project Asset and accepts it as suitable for the purpose under this AGREEMENT, as
being in good condition and state of good repair, and that the GRANTEE is satisfied with
the Project Asset and that the Project Asset complies with all applicable regulations, rules,
and laws. Payment to the vendor must occur within thirty (30) days of the Project Asset
acceptance.
B. The GRANTEE shall inspect the Project to ensure conformity with the approved plans and
specifications. WSDOT shall review the completed work to ensure conformity with the
Project described and detailed in Section 1 and state, local, and federal requirements as
appropriate. WSDOT shall also review project documentation during various phases, as
appropriate, to ensure conformity with state, local, and federal requirements.
Section 10
Provisions for Specific Grant Programs
A. Regional Mobility Grant Program.
1. In accordance with RCW 47.04.290 a transit agency that receives state grant funding
for a park and ride lot must establish a process for private transportation providers
to apply for the use of the park and ride facility.
2. A draft Performance Measurement Plan (PMP) must be submitted to WSDOT
before submitting the first reimbursement request. If the GRANTEE does not
submit a PMP and is nonresponsive to requests from WSDOT for improvements
and information, the GRANTEE may be deemed out of compliance.
3. The GRANTEE must provide annual performance reports for four calendar years
after the project is operationally complete, as prescribed in the GUIDEBOOK, and
any amendments thereto, or as WSDOT may require, including, but not limited to
interim and annual reports. Annual Performance Report must include a summary
of overall project performance and supporting data.
Yakima Transit Page 4 of 20 100
PTD1012
B. Public Transit Rideshare Grant Program.
1. All vehicles purchased under this program must be placed into service within
twelve (12) months of the vehicle acceptance date.
2. Vehicles that are being replaced must be disposed of by selling, donating, or
surplusing each vehicle within three (3) months of the GRANTEE's written
acceptance of the WSDOT funded replacement.
Section 11
Miscellaneous Charges and Conditions
The GRANTEE shall pay and be solely responsible for all storage charges, parking
charges, late fees, and fines, as well as any fees (including vehicle registration, license,
safety, and emission control inspection 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 GRANTEE's use or intended use of the Project
and Project Assets. Required visual and road test inspection fees related to the
acceptance of vehicles, and software licensing use fees, are eligible for reimbursement.
All replacements, repairs, or substitutions of parts for Project Assets shall be at the cost
and expense of the GRANTEE.
Section 12
Purchases
The GRANTEE shall make purchases pursuant to this AGREEMENT through written
procurement procedures in alignment with the GUIDEBOOK and compliant with state and
federal requirements as applicable.
Section 13
Payment
A. State and/or federal funds may be used to reimburse the GRANTEE for allowable
expenses incurred in completing the Project as described in Section 1. Allowable Project
expenses shall be determined by WSDOT as described in the GUIDEBOOK, and any
amendments thereto. In no event shall the total amount reimbursed by WSDOT exceed
the Total Project Cost, less any GRANTEE's Funds, identified in Section 1.
B. Payment will be made by WSDOT on a reimbursable basis for actual net Project costs
incurred within the timeframe identified in Section 1. Such costs to be reimbursed shall be
calculated as described in the GUIDEBOOK, and any amendments thereto. WSDOT shall
make no payments for costs incurred prior to the beginning or after the end date of the"Term
of Agreement" as set forth in the caption space header above. The GRANTEE shall submit
a claim reimbursement detailing the costs incurred and necessary supporting
documentation. Such claim reimbursements may be submitted no more than once a month
and no less than once per quarter as warranted by project expenditures. If approved by
WSDOT, said claim reimbursements shall be paid by WSDOT within thirty (30) days of
submission to WSDOT. Payment is subject to the submission to and approval by WSDOT
of appropriate invoices, reports, and financial summaries. Any financial summaries
submitted to WSDOT must include a record of the actual costs.
C. The GRANTEE shall submit a claim reimbursement for completed work in the same state
fiscal year in which it was incurred. Pursuant to RCW 43.88.020(13) "fiscal year" is defined
as the year beginning July 1 and ending the following June 30. Reimbursement requests
must be received no later than July 15th of the following state fiscal year. If the GRANTEE
is unable to provide a claim reimbursement by this date, the GRANTEE shall provide an
Yakima Transit Page 5 of 20 101
PTD1012
estimate of the charges to be billed no later than July 15th so WSDOT may accrue the
expenditures in the proper fiscal year. Any claim reimbursement submitted after the
timeframe prescribed above may not be eligible for reimbursement.
D. Progress Payments for Federally Funded Construction: For federally funded
construction contracts, the GRANTEE is required to make progress payments based on a
percentage-of-completion method. WSDOT will reimburse the GRANTEE for eligible costs
as identified in the claim reimbursement.
E. Progress Payments for Heavy-Duty Buses: For heavy-duty transit bus ("bus") purchases,
WSDOT may reimburse the GRANTEE for progress payments made to a bus manufacturer
prior to the final delivery of the bus.
1. Progress payments will only be made for the completion of specific, discrete
activities necessary for the manufacture of the bus.
2. Progress payments are only allowable to bus manufacturers that are eligible to
receive federal funds. It is the GRANTEE's responsibility to obtain assurances
confirming the manufacturer's ability to deliver and comply with state and federal
regulations and requirements.
3. The GRANTEE must obtain adequate security for progress payments. The security
for progress payments is typically a performance bond or letter of credit in the
amount of the payments but there may be other types of security negotiated by the
GRANTEE and the bus manufacturer as appropriate, such as receipt of title to the
rolling stock at an appropriate point in the manufacturing process.
4. The GRANTEE shall determine if progress payments are in the best interest of the
GRANTEE after negotiating an anticipated delivery date for the bus(es) with the
manufacturer. Regardless of whether the GRANTEE pursues progress payments,
the GRANTEE shall include an anticipated delivery date for the bus(es) in the
Purchase Order (PO) for the bus(es).
5. To be eligible for reimbursement of progress payments, and prior to issuing a PO,
the GRANTEE must negotiate a milestone payment schedule (MPS) with the bus
manufacturer as applicable for each vehicle type and specifications. The MPS
must identify a limited number of discrete activities whose completion qualifies for
a milestone progress payment and an anticipated delivery date for the bus(es).
The GRANTEE must submit the MPS to WSDOT for concurrence.
6. Once the MPS is approved, the GRANTEE will include the MPS in the PO for the
bus(es). A copy of the PO with the agreed-upon terms for the manufacturer's
delivery of the bus(es) must be submitted to WSDOT.
7. During manufacture, if any of the terms of the PO need to be updated, the
GRANTEE will implement a change order process. WSDOT concurrence on the
change order is required prior to approving any changes to the terms of the PO.
8. The GRANTEE will submit documentation of completion of each progress
milestone when submitting a request for progress payment reimbursement.
Images and/or other forms of tangible verification of milestone completion will be
required.
9. The GRANTEE will submit Quarterly Status Reports for the grant while the bus(es)
is/are being built and until the final reimbursement is made. WSDOT will make final
reimbursement for the bus(es) upon delivery and acceptance of the bus(es), per
standard procedures. The GRANTEE is to comply with post-delivery bus purchase
requirements.
Yakima Transit Page 6 of 20 102
PTD1012
If a bus(es) is/are not delivered within the terms and conditions of the PO, and
WSDOT has reimbursed the GRANTEE for one or more progress payments, the
GRANTEE shall reimburse WSDOT for all progress payments incurred.
Section 14
Assignments, Subcontracts, and Leases
A. The GRANTEE shall submit to WSDOT as requested a copy of any contract, amendment, or
change order thereto pertaining to this Project for review and documentation. This includes
any completed Project facilities and/or infrastructure under this AGREEMENT, or other
actions obligating the GRANTEE in any manner with any third party with respect to its rights
and responsibilities under this AGREEMENT, including any leasing and/or lending the
Project or any part thereof to be used by anyone not under the GRANTEE's direct
supervision.
B. The GRANTEE agrees to include all applicable sections of the AGREEMENT such as
Section 4 and Sections 15 through 34 of this AGREEMENT in all third-party 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. Third-party
contractors must include these sections in any subsequent subcontracts, as applicable.
Section 15
State Interest and Satisfactory Continuing Control
A. This provision shall survive termination of this AGREEMENT.
B. WSDOT shall retain a legal interest in all Project Assets, defined as any rolling stock,
equipment, facilities, and infrastructure, through the minimum useful life of the assets. For
rolling stock purchases, the title of the rolling stock shall designate the GRANTEE as the
legal owner and registered owner. Through the end of the minimum useful life, as defined
in the GUIDEBOOK, the GRANTEE shall maintain satisfactory continuing control of all
Project Assets, defined as the legal assurance that Project Assets will remain available to
be used for its authorized purpose until disposition. The GRANTEE shall certify its
satisfactory continuing control through the reporting described in Section 16(F) below. The
GRANTEE accepts WSDOT's legal interest in all Project Assets during their minimum useful
life. The GRANTEE must receive pre-approval from WSDOT to dispose of any Project Asset
prior to the end of its minimum useful life. Regardless of the date of disposal, WSDOT will
receive the proportional Federal and/or State funded share, as identified in this
AGREEMENT, of the value of the disposed asset.
C. Subject to the GRANTEE's compliance with all terms of this AGREEMENT, WSDOT's legal
interest in each Project Asset will be released at the end of the minimum useful life of the
Project Asset, as defined in the GUIDEBOOK.
Section 16
Reports and Project Use
A. This provision shall survive termination of this AGREEMENT.
Yakima Transit Page 7 of 20 103
PTD1012
B. The GRANTEE agrees that the Project shall be used for the provision of public
transportation services within the area indicated in Section 1 for the duration of the Project
Asset's minimum useful life, as set forth in the GUIDEBOOK. The GRANTEE further
agrees that it will not use or permit the use of the Project in a negligent manner or in violation
of any applicable law, or so as to avoid any insurance covering the same or permit the
Project to become subject to any lien, charge, or encumbrance.
C. The GRANTEE shall maintain comprehensive and collision insurance for vehicles and
property insurance for non-vehicle assets adequate to cover the value of the Project
Assets prior to vehicles and assets being placed into operation. For vehicles, the
GRANTEE shall supply a copy of the Certificate of Insurance specifying such coverage to
WSDOT with the first Claim Reimbursement, and supply proof of renewal, annually
thereafter until the vehicle depreciates fully. The GRANTEE shall name WSDOT as an
additional insured on the insurance through the minimum useful life of the vehicles. If the
GRANTEE is self-insured, the GRANTEE shall supply a copy of the Certificate of Self-
Insurance specifying such coverage to WSDOT with the first Claim Reimbursement.
D. Should the GRANTEE unreasonably delay or fail to use the Project during the Project term
and reporting period, defined as through the end of the minimum useful life of the Project
Assets, the GRANTEE agrees that it may be required to refund up to the entire amount of
the "State and/or Federal Funds" expended on the Project. The GRANTEE shall
immediately notify WSDOT when any Project Assets are withdrawn from Project use or
when the Project or any part thereof is used in a manner substantially different from that
identified in Section 1. If the Project is permanently removed from public transportation
services, the GRANTEE agrees to immediately notify WSDOT of its intentions regarding
the disposal of Project Assets or any part of the Project thereof.
E. Reports. The GRANTEE shall submit quarterly status reports to WSDOT for the Term of
the Project, regarding the progress of the Project. The GRANTEE shall keep satisfactory
written records regarding the use of the Project and shall submit the following reports to,
and in a form, and at such times prescribed by WSDOT as set forth in the GUIDEBOOK,
and any subsequent amendments thereto:
1. Quarterly status reports for the Term of the Project, regarding the progress of the
Project.
2. Grant program specific reports as prescribed in Section 10.
3. Reports describing the current usage of the Project and other data which WSDOT
may request from the GRANTEE by memos, e-mails or telephone requests.
4. In the event any portion of the Project sustains disabling damage, the GRANTEE
shall notify WSDOT immediately after the occasion of the damage, including the
circumstances thereof.
5. The GRANTEE 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.
F. Asset Management. The GRANTEE shall submit a Transit Asset Management Plan,
Facility Maintenance Plan, Equipment Maintenance Plan, Infrastructure Maintenance Plan,
and/or Vehicle Maintenance Plan to WSDOT, as applicable and prescribed in the
GUIDEBOOK. Subsequently, the GRANTEE shall submit an Annual Asset Inventory to
WSDOT, for the duration of the minimum useful life of the Project Assets.
Yakima Transit Page 8 of 20 104
PTD1012
G. Remedies for Misuse or Noncompliance. If WSDOT determines that the Project has
been used in a manner materially different from that described in Section 1, or in a"Service
Area"different than that described in Section 1, WSDOT may require the GRANTEE to repay
WSDOT the grant funded share of the Project. WSDOT may also withhold payments should
it determine that the GRANTEE has failed to materially comply with any provision of this
AGREEMENT.
Section 17
Maintenance of the Project
A. This provision shall survive termination of this AGREEMENT.
B. The GRANTEE shall make all necessary repairs and reasonably maintain the Project
Assets to assure it remains in good and operational condition until the end of its minimum
useful life. The minimum useful life of a constructed project is determined based on the
Architectural/Engineering requirements for each type of structure, materials used, industry
standards, and other federal and/or state standards and specifications, as described in the
GUIDEBOOK. The minimum useful life for rolling stock is defined in FTA Circular 5010.1 F,
as referenced in the GUIDEBOOK. The minimum useful life for other equipment shall be
determined according to provisions in the GUIDEBOOK including manufacturer's
estimated useful life and industry standards. All service, materials, and repairs in
connection with the use and operation of the Project during its minimum useful life shall be
at the GRANTEE's expense.
C. GRANTEEs who are transit agencies and/or who receive direct federal funding from FTA must
also have a Transit Asset Management Plan submitted to WSDOT that details their plan to
maintain the Project. GRANTEEs must submit a written Vehicle, Equipment, Facility, and/or
Infrastructure Maintenance Plan to WSDOT prior to the occupation and/or operation of the
Project, as applicable and prescribed in the GUIDEBOOK. The GRANTEE agrees, at a
minimum, to maintain the Project and service or replace parts at intervals recommended in
the manuals and/or instructions provided by contractors, vendors, and/or component
manufacturers, or sooner if needed. The GRANTEE shall have the Project routinely
inspected and make arrangements for any appropriate service and repair under the
manufacturer's warranty, if applicable. WSDOT shall not be liable for repairs. The
GRANTEE shall retain records of all maintenance and parts replacement performed on the
Project in accordance with Section 25. The GRANTEE shall provide copies of such records
to WSDOT, upon request.
Section 18
Compliance with WSDOT Standards and Approval requirements
A. This provision applies to all projects with construction elements.
B. The GRANTEE agrees the Project must comply with all applicable Washington State
Department of Transportation Standard Specifications for Road, Bridge, and Municipal
Construction M 41-10, and any applicable revisions thereto.
C. If the GRANTEE receives federal funds through WSDOT Public Transportation Division for
this project, the project must comply with WSDOT General Special Provisions, Local Agency
(APWA) specifications and Washington State Department of Transportation Construction
Manual M41-01, as applicable. WSDOT General Special Provision (GSP) related to Buy
America/BABA requirements shall be included in the Plans, Specifications and Estimate
Yakima Transit Page 9 of 20 105
PTD1012
(PS&E). After the DBE goals are determined, the applicable WSDOT General Special
Provision (GSP), for the type of goal set, shall be included in the Plans, Specifications and
Estimate (PS&E). The GRANTEE shall coordinate with WSDOT for collecting the current
version of both GSPs.
D. If the GRANTEE receives federal funds through WSDOT Public Transportation Division for
this project, the GRANTEE shall coordinate with WSDOT and provide requested
documentation for written approval prior to initiating any of the following classifications of
work on this project after agreement execution, as applicable.
1. Preliminary engineering.
2. Right of way acquisition.
3. Final Design.
4. Construction.
E. If the project was initiated prior to agreement execution and the GRANTEE is seeking
reimbursement for all or some of those activities up to pre-award authorization date, the
GRANTEE shall submit requested documents to WSDOT to confirm federal aid
requirements.
Section 19
No Obligations by the State Government
No contract between the GRANTEE and any contractor or subcontractor shall create any
obligation or liability of WSDOT with regard to this AGREEMENT without WSDOT's
specific written consent, regardless of WSDOT's concurrence in, or approval of, the award
of any contract or subcontract or the solicitations thereof. The GRANTEE hereby agrees
to include this provision in all contracts it enters into for the design, acquisition, and
construction of facilities and/or infrastructure related to the Project, or the performance of
any work to be accomplished under this AGREEMENT.
Section 20
Ethics
A. Relationships with Employees and Officers of WSDOT. The GRANTEE shall not
extend any loan, gratuity, or gift of money in any form whatsoever to any employee or
officer of WSDOT, nor shall the GRANTEE knowingly rent or purchase any Project
equipment and materials from any employee or officer of WSDOT.
B. Employment of Former WSDOT Employees. The GRANTEE hereby warrants that it
shall not employ on a full, part-time, or another basis during the period of this
AGREEMENT, 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 the written
consent of WSDOT.
Yakima Transit Page 10 of 20 106
PTD1012
Section 21
Compliance with Laws and Regulations
A. The GRANTEE 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
GRANTEE will adhere to all applicable labor provisions in Title 49 RCW including the
nondiscrimination provisions in Chapter 49.60 ROW.
B. Additionally, the GRANTEE agrees to comply, as applicable, with the following:
1. SB 5974 Move Ahead Washington
2. RCW 70A.02 Healthy Environmental for All (HEAL)ACT
3. RCW 70A. 65.260 Climate Commitment ACT
C. If the GRANTEE receives federal funds through WSDOT Public Transportation Division for
this project, the GRANTEE agrees to comply with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act (42 USC 4601 et seq.).
D. The GRANTEE agrees to comply with all applicable requirements of chapter 43.21 C RCW
"State Environmental Policy Act" (SEPA) and for federally funded projects, with the"National
Environmental Policy Act" (NEPA) 42 U.S.C. § 4321 et seq. The GRANTEE agrees to
comply with Washington State Executive Order 21-02, Archaeological and Cultural
Resources, and for federally funded projects, with Section 106 of the National Historic
Preservation Act of 1966.
E. Permitting. The GRANTEE agrees to be solely responsible for securing all required
Federal, State and/or local permits as needed to complete the Project.
F. Except when a federal statute or regulation preempts state or local law, no provision of the
AGREEMENT shall require the GRANTEE to observe or enforce compliance with any
provision, perform any other act, or do any other thing in contravention of state or local law.
If any provision or compliance with any provision of this AGREEMENT violates state or local
law or would require the GRANTEE to violate state or local law, the GRANTEE agrees to
notify WSDOT immediately in writing. Should this occur,WSDOT and the GRANTEE agree
to make appropriate arrangements to proceed with or, if necessary, expeditiously,
terminate the AGREEMENT.
Section 22
Civil Rights
A. The GRANTEE shall not discriminate on the basis of race, color, national origin, or sex in
the award and performance of any WSDOT-assisted contract or in the administration of its
public transportation services.
B. If the GRANTEE receives federal funds through WSDOT Public Transportation Division for
this project, when advertising the GRANTEE must notify all bidders that it will affirmatively
ensure that disadvantaged business enterprises will be afforded full and fair opportunity to
submit bids and will not be discriminated against on the grounds of race, color, or national
origin in consideration for an award.
Yakima Transit Page 11 of 20 107
PTD1012
Section 23
Accounting Records
A. Project Accounts. The GRANTEE 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 GRANTEE 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 GRANTEE agrees to
support all allowable costs charged to the Project, including any approved services
contributed by the GRANTEE or others, with properly executed payrolls, time records,
invoices, contracts, or vouchers describing in detail the nature and propriety of the charges.
The GRANTEE also agrees to maintain accurate records of all program income derived
from implementing the Project.
Section 24
Audits, Inspection and Retention of Records
A. This provision shall survive termination of this AGREEMENT.
B. Submission of Proceedings, Contracts, Agreements, and Other Documents. During
the Term of the Agreement as discussed in Section 5 and for six (6) years thereafter, the
GRANTEE 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 the GRANTEE's obligations hereunder shall be
extended until the conclusion of that pending audit, enforcement, or litigation process.
C. General Audit Requirements. The GRANTEE agrees to obtain any other audits required
by WSDOT at the GRANTEE's expense. Project closeout will not alter the GRANTEE's
audit responsibilities.
D. Inspection. The GRANTEE 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 GRANTEE
and its contractors pertaining to the Project. The GRANTEE 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 25
Loss or Damage to the Project
A. This provision shall survive termination of this AGREEMENT.
B. The GRANTEE, at its own expense, shall cover any loss, theft, damage, or destruction of
the Project's rolling stock, equipment, facilities, and/or infrastructure for the duration of the
Project's useful life using either of the following methods:
Yakima Transit Page 12 of 20 1 O$
PTD1012
1. The GRANTEE shall maintain property insurance for rolling stock, equipment, facilities,
and/or infrastructure adequate to cover the value of the Project; the GRANTEE 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
2. The GRANTEE shall certify that it has self-insurance and provide a written certificate
of self-insurance to WSDOT with the first request for claim reimbursement, and
annually thereafter. The GRANTEE will cover from its own resources the costs of
repairing or replacing any Project facilities, associated equipment, and/or infrastructure
if it is stolen, damaged, or destroyed in any manner.
C. If the damage to the Project does not result in a total loss, payments for damage shall be
paid directly to the GRANTEE. The GRANTEE shall, within thirty (30) days, either:
1. Devote all the insurance proceeds received to repair the Project and place it back in
service, and the GRANTEE 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 GRANTEE is certified to self-insurance, devote all funds necessary to
repair the Project and place it back into service.
D. If the Project is a total loss the insurance proceeds or equivalent shall be paid directly to
the GRANTEE, and within fifteen (15) days the GRANTEE shall pay WSDOT its
proportionate funded share of such proceeds received. The GRANTEE shall within sixty
(60) days of loss, theft, or damage, notify WSDOT that it either:
1. Intends to replace the lost rolling stock,equipment,facilities, and/or infrastructure; or
2. Does not intend to replace the lost rolling stock,equipment,facilities, and/or infrastructure.
In this case, WSDOT will require the GRANTEE to reimburse WSDOT for the
proportional Federal and/or State funded share of the insurance proceeds.
E. Coverage, if obtained or provided by the GRANTEE in compliance with this section, shall
not be deemed as having relieved the GRANTEE of any liability in excess of such coverage
as required by the limitation of liability section of this AGREEMENT, or otherwise.
Section 26
Liens on the Project
A. This provision shall survive termination of this AGREEMENT.
B. WSDOT will maintain a copy of vehicle registrations for all funded vehicles under this
agreement and oversight responsibility on those vehicles through their minimum useful
life. The GRANTEE agrees that it shall not use Project Assets or any portion thereof as
collateral, nor shall the GRANTEE encumber the Project in any way without the consent
of WSDOT. If the GRANTEE determines to discontinue the use of any Project Asset
before the end of its minimum useful life, it shall consult with WSDOT as to appropriate
disposition alternatives, including transferring the use of the Project Asset to another
agency for purposes consistent with the original grant award or reimbursing WSDOT for
its proportional grant funded share of the disposal price. The GRANTEE shall follow the
terms stated in Sections 15 and 16 regarding the use and disposal of the Project and/or
any portion thereof.
Yakima Transit Page 13 of 20 109
PTD1012
Section 27
Limitation of Liability
A. This provision shall survive termination of this AGREEMENT.
B. The GRANTEE shall indemnify, defend, and hold WSDOT, its agents, employees, and
officers 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 GRANTEE's
performance or failure to perform any aspect of this AGREEMENT. This indemnity and
defense provision applies to all claims against WSDOT, its agents, employees, and officers
arising out of, in connection with, or incident to the negligent acts or omissions of the
GRANTEE, its agents, employees, officers, and contractors and subcontractors of any tier.
Provided, however, that nothing herein shall require the GRANTEE to indemnify, defend,
and hold harmless or defend WSDOT, its agents, employees, or officers to the extent that
claims are caused by the negligent acts or omissions of WSDOT, its agents, employees or
officers; and provided further that if such claims result from the concurrent negligence of
(a) the GRANTEE its employees, agents, officers or contractors and (b) the STATE, its
employees or authorized agents, or involves those actions covered by RCW 4.24.115, the
indemnity and defense provisions provided herein shall be valid and enforceable only to
the extent of the negligence of the GRANTEE, its employees, officers, authorized agents,
and/or contractors.
C. The GRANTEE shall be deemed an independent contractor for all purposes, and the
employees of the GRANTEE or its contractors and subcontractors and the employees
thereof, shall not in any manner be deemed to be employees of WSDOT.
D. The GRANTEE agrees that its obligations under this AGREEMENT extend to any claim,
demand, and/or cause of action by, or on behalf of its employees or agents while
performing under this AGREEMENT. For this purpose, the GRANTEE, by MUTUAL
NEGOTIATION, hereby waives any immunity that would otherwise be available to it against
such claims under the Industrial Insurance provisions in Title 51 RCW.
E. In the event either the GRANTEE 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 28
Personal Liability &WSDOT Advice
A. Personal Liability of Public Officers, 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 that in such matters he or she is acting solely as an agent of
WSDOT.
B. WSDOT Advice, the GRANTEE bears complete responsibility for the administration
and success of the Project as it is defined by this AGREEMENT and any
amendments thereto. If the GRANTEE solicits advice from WSDOT on problems
that may arise, the offering of WSDOT advice shall not shift the responsibility of the
GRANTEE for the correct administration and success of the Project, and WSDOT
shall not be held liable for offering advice to the GRANTEE.
Yakima Transit Page 14 of 20 110
PTD1012
Section 29
Forbearance by WSDOT Not a 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 30
Lack of Waiver
In no event shall any WSDOT payment of funds to the GRANTEE constitute or be
construed as a waiver by WSDOT of any GRANTEE 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 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 written amendment to this AGREEMENT shall not be binding
or valid unless signed by persons authorized to bind each of the PARTIES. Provided,
however, that changes to the federal award identification number, DUNS, project title,
federal ID number, CFDA number, milestones, UPIN the contact person of either PARTY,
or dollar amount changes that do not affect the Project total cost, will not require a written
amendment, but will be approved and documented by WSDOT through an administrative
revision. WSDOT shall notify the GRANTEE of the revision in writing.
Section 32
Disputes
A. Disputes. Disputes, arising in the performance of this AGREEMENT, which are not
resolved by agreement of the PARTIES, shall be decided in writing by the WSDOT
Division's Assistant Director or designee. This decision shall be final and conclusive unless
within ten (10) days from the date of GRANTEE'S receipt of WSDOT's written decision,
the GRANTEE mails or otherwise furnishes a written appeal to the Director of the WSDOT
Public Transportation Division or the Director's designee. The GRANTEE's appeal shall
be decided in writing by the Director of the WSDOT Public Transportation Division within
thirty(30) days of receipt of the appeal by the Director of the WSDOT Public Transportation
Division or the Director's designee. The decision shall be binding upon the GRANTEE, and
the GRANTEE shall abide by the decision.
B. Performance During Dispute. Unless otherwise directed by WSDOT, GRANTEE 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.
Yakima Transit Page 15 of 20 111
PTD1012
D. Rights 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 WSDOT or GRANTEE 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.
Section 33
Termination
A. Termination for Convenience. WSDOT and/or the GRANTEE 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
GRANTEE shall agree upon the AGREEMENT termination provisions including but not
limited to the settlement terms and 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. The PARTIES may terminate this
AGREEMENT for convenience for reasons including, but not limited to, any of the following:
1. The requisite funding becomes unavailable through the 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 GRANTEE is prevented from proceeding with the Project as a direct result
of an Executive Order of the President with respect to the prosecution of a 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 GRANTEE is prevented from proceeding with the Project because 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 GRANTEE.
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 GRANTEE for all costs payable under this
AGREEMENT that the GRANTEE properly incurred prior to termination. The
GRANTEE shall promptly submit its claim reimbursement to WSDOT. If the
GRANTEE has any property in its possession belonging to WSDOT, the
GRANTEE will account for the same and dispose of it in the manner WSDOT
directs.
Yakima Transit Page 16 of 20 112
PTD1012
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 GRANTEE, if the GRANTEE materially breaches or fails to perform any of
the requirements of this AGREEMENT, including:
7. Take any action pertaining to this AGREEMENT without the approval of WSDOT,
which under the procedures of this AGREEMENT would have required the
approval of WSDOT.
8. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of
America laws, Washington state laws, or local governmental laws under which the
GRANTEE operates.
9. 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 applicable building code required standards.
b) Failure to remedy all material defects in the performance of the Project
and correct all faulty workmanship by the GRANTEE or its contractors
and subcontractors in a timely manner.
c)Failure to take any necessary and reasonable 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.
d) Failure to make reasonable and appropriate use of the Project's real
property, facilities, equipment, and/or infrastructure.
10. Fails to make reasonable progress on the Project or other violation of this
AGREEMENT that endangers substantial performance of the Project.
11. Fails to perform in the manner called for in this AGREEMENT, or fails to comply
with or, is in material violation of, any provision of this AGREEMENT. WSDOT
shall serve a notice of termination on the GRANTEE setting forth the manner in
which the GRANTEE is in default hereunder. If it is later determined by WSDOT
that the GRANTEE had an excusable reason for not performing, such as events
which are not the fault of or are beyond the control of the GRANTEE, such as a
strike, fire or flood, WSDOT may: a) allow the GRANTEE to continue work after
setting up a new delivery of performance schedule, or b) treat the termination as
a termination for convenience.
B. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow
the GRANTEE ten (10) business days, or such longer period as determined by WSDOT, in
which to cure the defect. In such cases, the notice of termination will state the time period
in which cure is permitted and other appropriate conditions. If the GRANTEE 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 GRANTEE. Any such termination for
default shall not in any way operate to preclude WSDOT from also pursuing all available
remedies against GRANTEE and its sureties for said breach or default.
C. In the event that WSDOT elects to waive its remedies for any breach by GRANTEE 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.
Yakima Transit Page 17 of 20 113
PTD1012
Section 34
Venue and Process
In the event either PARTY deems it necessary to institute legal action or proceeding to
enforce any right or obligation under this AGREEMENT, 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
Changed Conditions Affecting Performance
The GRANTEE hereby agrees to immediately notify WSDOT in writing of any change in
conditions or law, or of any other event, including any current or prospective dispute, which
may adversely affect WSDOT's interest in the Project or affect the GRANTEE's ability to
perform the Project in accordance with the provisions of this AGREEMENT.
Section 36
Subrogation
A. Subrogation. WSDOT may require the GRANTEE to assign to WSDOT all rights of
recovery against any person or organization for loss, to the extent of WSDOT's loss. Upon
assignment, the GRANTEE shall execute, deliver, and do whatever else is reasonably
necessary to secure WSDOT's rights. The GRANTEE shall do nothing after any loss to
intentionally prejudice the rights of WSDOT.
B. Duties of the GRANTEE. If WSDOT has exercised its right of subrogation, the GRANTEE
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 of Project Equipment. The GRANTEE 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 37
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 AGREEMENT. No controversy
concerning any covenant or provision shall delay the performance of any other covenant
or provision except as herein allowed.
Section 38
Counterparts
This AGREEMENT may be simultaneously executed in several counterparts, each of
which shall be deemed to be an original having identical legal effect.
Section 39
Complete Agreement
This document contains all covenants, stipulations, and provisions agreed upon by the
PARTIES. No agent or representative of WSDOT or the GRANTEE has authority to make,
and neither WSDOT nor the GRANTEE shall be bound by or be liable for, any statement,
representation, promise or agreement not set forth herein or made by written amendment
hereto.
Yakima Transit Page 18 of 20 114
PTD1012
Section 40
Order of Precedence
Any conflict or inconsistency in this AGREEMENT and its attachments will be resolved by
giving documents precedence in the following order:
1. Federal Law
2. Exhibit I, Summary of Federal Requirements, if applicable
3. State Law
4. This AGREEMENT
5. The GUIDEBOOK
Section 41
Agreement Close Out
The GRANTEE shall notify WSDOT if the AGREEMENT is completed prior to the end date
set forth in the caption space header titled "Term of Agreement" by written notification and
in its capital Quarterly Status Report, as referenced in the GUIDEBOOK, and any
amendments thereto, for the quarter in which the project is completed. WSDOT will send a
closeout letter to the GRANTEE.
Section 42
Execution
This AGREEMENT is executed by the Director, Public Transportation Division, State 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 behalf of the State of
Washington, Department of Transportation, in the capacity as Director, Public Transportation
Division, or as a designee.
Yakima Transit Page 19 of 20 115
PTD1012
Section 43
Binding Agreement
The undersigned acknowledge that they are authorized to execute this AGREEMENT and bind
their respective agency(ies) and/or entity(ies) to the obligations set forth herein.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and
year signed last below.
WASHINGTON STATE GRANTEE
DEPARTMENT OF TRANSPORTATION
Authorized Representative Authorized Representative
Public Transportation Division,
WSDOT
Title
Print Name
Date Date
Yakima Transit Page 20 of 20 116
PTD1012