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HomeMy WebLinkAboutR-2014-079 Firing Center Park & Ride Lot Expansion Grant Agreement with WSDOT - FUNDING RESOLUTIONRESOLUTION NO. R-2014-079 A RESOLUTION adopting a resolution authorizing the City Manager to enter into a grant & construction agreement with Washington State Department of Transportation to expand the Firing Center Park & Ride Lot. WHEREAS, in 2012, the City of Yakima applied for grant funding under the Washington State Department of Transportation's Regional Mobility Grant Program to expand and resurface the Firing Center Park & Ride to support parking for passengers using the Yakima -Ellensburg Commuter, carpooling, or using Yakima Transit's fixed -route Selah service; and, WHEREAS, the Washington State Department of Transportation (WSDOT) awarded funding on July 1, 2013 in the amount of $240,000; and, WHEREAS, the Washington State Department of Transportation will be completing the design and construction of the park & ride lot that they own jointly with Yakima County; and, WHEREAS, the 20% grant matching requirement in the amount of $60,400 will be provided by Yakima County and WSDOT through in-kind property donation; and, WHEREAS, administrative costs associated with the proposed project will be reimbursed to the City of Yakima in an amount not to exceed $10,000; and, WHEREAS, it is necessary for the City and the Washington State Department of Transportation to enter into an agreement setting forth the terms, conditions, and requirements for allocating this funding and completing the construction; THEREFORE, be it resolved by the City Council of the City of Yakima, the City Manager is hereby authorized to enter into Grant Agreement GCB1512 with WSDOT for grant funding for the expansion and resurfacing of the Firing Center Park & Ride Lot and Interlocal Agreement GCB1725 with WSDOT for the construction & resurfacing of the Firing Center Park & Ride Lot. ADOPTED BY THE CITY COUNCIL at a regular meeting this 17th day of June, 2014 ATTEST: �* 114 Sonya Cla - r ee, City Clerk i'' Os. \S C z ' 2•..y * i St A = glaw) Micah , Mayor State Capital Construction Grant Agreement WSDOT Regional Mobility Grant Program Washington State Department of Transportation Public Transportation Division ' 310 Maple Park Avenue SE PO Box 47387 Olympia, WA 98504-7387 WSDOT Contact: Mark Eldridge ,360-705-7273 Contractor: Yakima Transit 129 N 2' Street Yakima, WA 98901 Contact Person: Kevin Futrell 509-576-6422 or Ken Mehin 509-576-6415 Term of Project: From July 1, 2013 to July 1, 2017 ID #: SW000712202 Scope of Project: As set forth in Exhibit I, Project Scope, Schedule and Budget, and Attachment A to Exhibit I Project Title: Selah Firing Center Park and Ride Expansion Location: As set forth in Exhibit I Attachment A Proiect Costs: Total Project Cost $ 302,000 State Regional Mobility Grant'Funds $ 240,000 Minimum Matching Funds Required $ 60,400 Agreement Number: GCB1512 THIS AGREEMENT, entered into by the Washington State Department of Transportation, hereinafter "WSDOT," and the contractor identified above, hereinafter the "CONTRACTOR," individually the "PARTY" and collectively the "PARTIES," WITNESSETH THAT: WHEREAS, pursuant to RCW 47.66.030 the Regional Mobility Grant Program has been established to aid local governments in funding projects such as intercounty connectivity service, park and ride lots, rush hour transit service, and other capital projects that improve the connectivity and efficiency of the state's transportation system; WHEREAS, pursuant to RCW 47.66.040 WSDOT shall select projects based on a competitive process consistent with local, regional, and state transportation plans, local transit development plans and local comprehensive land use plans; WHEREAS, pursuant to chapter 44.48 RCW the Legislative Evaluation and Accountability Program (LEAP) Committee provides analysis and monitoring of state expenditures, budgets and related fiscal matters and consults with Legislative committees; WHEREAS, the State of Washington in its Sessions Laws of 2013, chapter 306, section 220(4) and (5), provides Regional Mobility funding through the multimodal transportation account and the regional mobility grant program account as identified in the budget through its 2013-2015 biennial appropriations to WSDOT; WHEREAS, WSDOT Public Transportation Division administers Regional Mobility Grant Program funds to provide assistance solely for transportation projects as identified in LEAP Transportation Document 2013-2 ALL PROJECTS as developed on April 23, 2013 Public Transportation V; NOW, THEREFORE, in consideration of the terms, conditions, performances, and mutual covenants herein set forth and the attached Exhibit I, "Project Scope, Schedule and Budget," IT IS MUTUALLY AGREED AS FOLLOWS: GCB1512 Page 1 of 13 Section 1 Purpose of Agreement The purpose of this AGREEMENT is for WSDOT to provide capital funding to the CONTRACTOR for the design, acquisition, construction and/or improvements of capital facilities and infrastructure to be used in the provision of transportation services to persons in the State of Washington, hereinafter referred to as the "Project." Reference to the "Project" shall include all such capital facilities, infrastructure and/or associated equipment designed, acquired, constructed, improved or installed under this AGREEMENT. Section 2 Scope of Project The CONTRACTOR agrees toperform the work and complete the Project described and detailed in Exhibit I, "Project Scope, Schedule and Budget" and in accordance with its Attachment A, "Project Application — Location and Description of Work" (hereinafter referred to as "Attachment A") , and in accordance with the terms and conditions of this AGREEMENT. By the preceding reference Exhibit I with its Attachment A is fully incorporated herein as if fully set out in this AGREEMENT. In the event any conflicting terms exist between Exhibit I, "Project Scope, Schedule and Budget" and Attachment A, Exhibit I, "Project Scope, Schedule and Budget" supersedes and shall prevail over Attachment A. Section 3 Term of Project The Project period of this AGREEMENT shall commence and terminate on the dates shown in the caption space header titled "Term of Project" regardless of the date of execution of this AGREEMENT, unless terminated as provided herein. The caption space header titled "Term of Project" and all caption space headers above are by this reference incorporated herein into the AGREEMENT as if fully set forth in the AGREEMENT. Section 4 State Review of Project WSDOT shall review the project identified in this AGREEMENT as Exhibit I, "Project Scope, Schedule and Budget" and Attachment A, at least semiannually to determine whether the Project is making satisfactory progress. If WSDOT has awarded funds, but the CONTRACTOR does not report satisfactory activity within one (1) year of the initial grant award, WSDOT shall review the Project to determine whether the grant should be terminated as provided in Section 33, Termination.. Section 5 Project Costs and Minimum Match Requirement The reimbursable costs of the Project shall not exceed the amount indicated for "State Regional Mobility Grant Funds" located within the caption space header titled "Project Costs." The CONTRACTOR agrees to expend eligible funds, together with other funds allocated for the Project, in an amount sufficient to complete the Project as detailed in Exhibit I, "Project Scope, Schedule and Budget" and Attachment A. The CONTRACTOR is required to provide a minimum match of funds for the Project as identified in the caption space header titled "Project Costs" in the amount indicated as "Minimum Matching Funds Required." Examples of eligible matching funds are listed in WSDOT's Guide to Managing Your Regional Mobility Grant, 2013 version, which can be found at www.wsdot.wa.gov/Transit/Grants/mobility.htm and any amendments thereto, which by this reference is fully incorporated herein as if fully set out in this AGREEMENT. If at any time the CONTRACTOR becomes aware that the cost which it expects to incur in the performance of this AGREEMENT will exceed or be less than the amount identified as "Total Project Cost" in the caption space header titled "Project Costs," the CONTRACTOR shall notify WSDOT in writing within thirty (30) calendar days of making that determination. Section 6 Inspection of the Project The CONTRACTOR shall inspect the Project pursuant to this AGREEMENT as required during construction and upon Project completion. Upon receipt and acceptance of the Project, the CONTRACTOR agrees that it has fully inspected the Project and accepts it as being in good condition and repair, and that the CONTRACTOR is satisfied with the Project and that the Project complies with all regulations, rules, and laws. GCB1512 Page 2of13 Section 7 Use of Park and Ride Facilities In order to be eligible to receive a Regional Mobility grant, a transit agency must establish a process for private transportation providers to apply for the use of park and ride facilities. Section 8 Miscellaneous Charges and Conditions The CONTRACTOR shall pay and be solely responsible for all storage charges, parking charges, late fees, and fines, as well as any fees and taxes, except applicable state sales or use tax, which may be imposed with respect to the Project by a duly constituted governmental authority as the result of the CONTRACTOR's use or intended use of the Project. All replacements, repairs, or substitutions of parts or Project Equipment shall be at the cost and expense of the CONTRACTOR. Section 9 Payment A. State funds shall be used to reimburse the CONTRACTOR for allowable expenses incurred in completing the Project described in Exhibit I, "Project Scope, Schedule and Budget" and Attachment A. Allowable Project expenses shall be determined by WSDOT as described in WSDOT's Guide to Managing Your Regional Mobility Grant, 2013 version, and any subsequent amendments thereto. In no event shall the total amount reimbursed by WSDOT hereunder exceed the "State Regional Mobility Grant Funds" identified in the caption space header titled "Project Costs." B. Payment will be made by WSDOT on a reimbursable basis for actual net Project costs incurred within the timeframe in the caption space titled "Term of Project" less any pre -payment discounts, rebates, late penalties and/or refunds. Such costs to be reimbursed shall be calculated as described in WSDOT's Guide to Managing Your Regional Mobility Grant, 2013 version, and any subsequent amendments thereto. The CONTRACTOR may submit to WSDOT requests for partial payment for eligible costs incurred no more than once per month and the CONTRACTOR shall submit to WSDOT an invoice or financial summary of the activity of the Project at least quarterly. Payment is subject to the submission to and approval by WSDOT of appropriate invoices, reports, and financial summaries. C. The CONTRACTOR shall submit an invoice by the 15th of July of every state fiscal year (July 1 through June 30) of the Term of Project. If the CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall provide an estimate of the charges to be billed so WSDOT may accrue the expenditures in the proper fiscal period. Any subsequent reimbursement request submitted will be limited to the amount accrued as set forth in this section. The CONTRACTOR's fmal payment request must be received by WSDOT by July 15 immediately following the final fiscal year of the Term of Project , within thirty (30) days of the completion of the Project, or within thirty (30) days of the termination of this AGREEMENT, whichever is sooner. Any payment request received after the 15th day after the end of the grant period will not be eligible for reimbursement. Section 10 Assignments, Subcontracts, and Leases A. Unless otherwise authorized in advance in writing by WSDOT, the CONTRACTOR shall not assign any completed Project facilities and/or infrastructure under this AGREEMENT, or execute any contract, amendment, or change order thereto pertaining to the Project or obligate itself in any manner with any third party with respect to its rights and responsibilities under this AGREEMENT or lease or lend the Project or any part thereof to be used by anyone not under the CONTRACTOR's direct supervision. B. The CONTRACTOR agrees to include Sections 11 through 23 of this AGREEMENT in each subcontract and in all contracts it enters into for the employment of any individuals, procurement of any materials, or the performance of any work to be accomplished under this AGREEMENT. The PARTIES further agree that those clauses shall not be modified, except to identify the subcontractor or other person or entity that will be subject to its provisions. In addition, the following provision shall be included in an advertisement or invitation to bid for any procurement by the CONTRACTOR under this AGREEMENT: Statement of Financial Assistance: "This AGREEMENT is subject to the appropriations of the State of Washington." GCB1512 Page 3 of 13 Section 11 Reports and Project Use A. The CONTRACTOR agrees that the Project shall be used for the provision of transportation services within the area indicated in Exhibit I Attachment A Section 4 for the Project's reporting period of project term plus four years after the project is complete, as set forth in WSDOT's Guide to Managing Your Regional Mobility Grant, 2013 version, and any subsequent amendments thereto.. The CONTRACTOR further agrees that it will not use or permit the use of the Project in a negligent manner or in violation of any law, or so as to avoid any insurance covering the same, or permit the Project to become subject to any lien, charge, or encumbrance. Should the CONTRACTOR unreasonably delay or fail to use the Project during the project term and reporting period, the CONTRACTOR agrees that it may be required to refund up to the entire amount of the "State Regional Mobility Grants Funds" expended on the Project. The CONTRACTOR shall immediately notify WSDOT when any Project facilities and/or infrastructure is withdrawn from Project use or when the Project or any part thereof is used in a manner substantially different from that identified in Exhibit I, "Project Scope, Schedule and Budget" and Attachment A. If the Project is permanently removed from transportation services, the CONTRACTOR agrees to immediately notify WSDOT of its intentions regarding the disposal of the Project or any part of the Project thereof. B. Reports. The CONTRACTOR shall submit quarterly reports to WSDOT for the Term of Project, regarding the progress of the Project and annual performance reports for four calendar years after the project is operationally complete, as prescribed in WSDOT's Guide to Managing Your Regional Mobility Grant, 2013 version, and any subsequent amendments thereto or as WSDOT may require, including, but not limited to, interim and annual reports. The CONTRACTOR shall keep satisfactory written records with regard to the use of Project and shall submit the following reports to, and in a form and at such times prescribed by WSDOT as set forth in WSDOT's Guide to Managing Your Regional Mobility Grant, 2013 version, and any subsequent amendments thereto: 1. An approved Performance Measurement Plan must be on file with WSDOT before submitting the first reimbursement request. 2.An Annual Performance Report that includes a summary of overall project performance and supporting data. 3. Reports describing the current usage of the Project and other data which WSDOT may request from the CONTRACTOR by memos, e-mails or telephone requests. 4. In the event any portion of the Project sustains disabling damage, the CONTRACTOR shall notify WSDOT immediately after the occasion of the damage, including the circumstances thereof. 5. The CONTRACTOR shall collect and submit to WSDOT, at such time as WSDOT may require, such fmancial statements, data, records, contracts, and other documents related to the Project as may be deemed necessary by WSDOT. C. Remedies for Misuse or Noncompliance. The CONTRACTOR shall not use the Project or any part thereof in a manner different from that described in Exhibit I, Project Scope, Schedule and Budget, and Attachment A, as set forth in Section 2 of the AGREEMENT. If WSDOT determines that the Project has been used in a manner different from Exhibit I, Project Scope, Schedule and Budget, and Attachment A, WSDOT may direct the CONTRACTOR to repay WSDOT the State funded share of the "Project Costs." WSDOT may also withhold payments should it determine that the CONTRACTOR has failed to comply with any provision of this AGREEMENT. Section 12 Maintenance of the Project The CONTRACTOR shall make all necessary repairs and reasonably maintain the Project to assure it remains in good and operational condition until the end of its useful life. The useful life of the constructed project will be determined by using the North American Industry Classification System (NAICS) code tables. All service, materials, and repairs in connection with the use and operation of the Project during its useful life shall be at the CONTRACTOR's expense. CONTRACTORS who are transit agencies must also have a Transit Asset Management Plan certified by WSDOT that details the transit agency's plan to maintain the Project. All other CONTRACTORS must submit a written Maintenance Plan to WSDOT for approval prior to the occupation and/or operations of the Project. The CONTRACTOR agrees, at a minimum, to maintain the Project and service or replace parts at intervals recommended in the manuals and/or instructions provided by the subcontractors and/or component manufacturers, or sooner if needed. The CONTRACTOR shall have the Project routinely inspected and make arrangements for any appropriate service and repair under the manufacturer's warranty. WSDOT shall not be liable for repairs. The CONTRACTOR shall retain records of all maintenance and parts replacement performed on the Project in accordance with Section 22, Audits, Inspection, and Retention of Records. The CONTRACTOR shall provide copies of such records to WSDOT, upon request. GCB1512 Page 4 of 13 Section 13 General Compliance Assurance The CONTRACTOR agrees to comply with all instructions as prescribed in WSDOT's Guide to Managing Your Regional Mobility Grant, 2013 version, and any amendments thereto. The CONTRACTOR agrees that, WSDOT and/or any authorized WSDOT representative, shall have not only the right to monitor the compliance of the CONTRACTOR with respect to the provisions of this AGREEMENT, but also have the right to seek judicial enforcement with regard to any matter arising under this AGREEMENT. It is understood by the CONTRACTOR that this assurance obligates the CONTRACTOR and any transferee of the CONTRACTOR, or said transferee's successor(s), for the term of this AGREEMENT." Section 14 Compliance with State Design Standards The CONTRACTOR agrees the Project design must comply with all Washington State Standard Specifications for Road, Bridge, and Municipal Construction (www.wsdot.wa.gov/Publications/Manuals/M41-10.htm); and any revisions thereto. Projects that wish to use design standards that differ from state standards must submit a request to WSDOT's Public Transportation Division and obtain documented approval before design work commences. Section 15 No Obligation by the State Government No contract between the CONTRACTOR and its subcontractors shall create any obligation or liability of WSDOT with regard to this AGREEMENT without WSDOT's specific written consent, notwithstanding its concurrence in, or approval of, the award of any contract or subcontract or the solicitations thereof and the CONTRACTOR hereby agrees to include this provision in all contracts it enters into for the design, acquisition, and construction of facilities and/or infrastructure related to the Project, or the performance of any work to be accomplished under this AGREEMENT. Section 16 Ethics A. Relationships with Employees and Officers of WSDOT. The CONTRACTOR shall not extend any loan, gratuity or gift of money in any form whatsoever to any employee or officer of WSDOT, nor shall the CONTRACTOR rent or purchase any Project equipment and materials from any employee or officer of WSDOT. B.. Employment of Former WSDOT Employees. The CONTRACTOR hereby warrants that it shall not engage on a full, part-time, or other basis during the period of this 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 written consent of WSDOT. Section 17 Compliance with Laws and Regulations The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations including but not limited to, those concerning employment, equal opportunity employment, nondiscrimination assurances, project record keeping necessary to evidence compliance with such federal and state laws and regulations, and retention of all such records. The CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW. Section 18 State and Local Law Except when a federal statute or regulation pre-empts state or, local law, no provision of this AGREEMENT shall require the CONTRACTOR to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of state or local law. Thus if any provision or compliance with any provision of this AGREEMENT violates state, or local law, or would require the CONTRACTOR to violate state or local law, the CONTRACTOR agrees to notify WSDOT immediately in writing. Should this occur, WSDOT and the CONTRACTOR agree to make appropriate arrangements to proceed with or, if necessary, expeditiously, terminate the Project. Section 19 Labor Provisions Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of the Project work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless GCB1512 Page 5 of 13 such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. CONTRACTOR will comply with Title 49 RCW, Labor Regulations. Section 20 Environmental Protections and Archeological Preservation The CONTRACTOR agrees to comply with all applicable requirements of chapter 43.2IC RCW "State Environmental Policy Act" (SEPA). The CONTRACTOR also agrees to comply with all applicable requirements of Executive Order 05-05, Archeological and Cultural Resources, for all capital construction projects or land acquisitions for the purpose of a capital construction project, not undergoing Section 106 review under the National Historic Preservation Act of 1966 (Section 106). Section 21 Accounting Records A. Project Accounts. The CONTRACTOR agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The CONTRACTOR agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible and available to WSDOT upon request, and, to the extent feasible, kept separate from documents not pertaining to the Project. B. Documentation of Project Costs and Program Income. The CONTRACTOR agrees to support all allowable costs charged to the Project, including any approved services contributed by the CONTRACTOR or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. The CONTRACTOR also agrees to maintain accurate records of all program income derived 'from implementing the Project. Section 22 Audits, Inspection, and Retention of Records A. Submission of Proceedings, Contracts, Agreements, and. Other Documents. During the term. of the Project and for six (6) years thereafter, the CONTRACTOR agrees to retain intact and to provide any data, documents, reports, records, contracts, and supporting materials relating to the Project as WSDOT may require. Project closeout does not alter• these recording and record-keeping requirements. Should an audit, enforcement, or litigation process be commenced, but not completed, during the aforementioned six (6) year period then the CONTRACTOR' s obligations hereunder shall be extended until the conclusion of that pending audit, enforcement, or litigation process. B. General Audit Requirements. The CONTRACTOR agrees to obtain any other audits required by WSDOT at CONTRACTOR's expense. Project closeout will not alter the CONTRACTOR's audit responsibilities. C. Inspection. The CONTRACTOR agrees to permit WSDOT, and the State Auditor, or their authorized representatives, to inspect all Project work materials, payrolls, maintenance records, and other data, and to audit the books, records, and accounts of the CONTRACTOR and its contractors pertaining to the Project. The CONTRACTOR agrees to require each third party to permit WSDOT, the State Auditor, or their duly authorized representatives, to inspect all work, materials, payrolls, maintenance records, and other data and records involving that third party contract, and to audit the books, records, and accounts involving that third party contract as it affects the Project. Section 23 Permitting The CONTRACTOR agrees to be solely responsible for all required Federal, State and/or local permitting as related to the Project. Section 24 Loss or Damage to the Project A. The CONTRACTOR, at its own expense, shall cover any loss, theft, damage, or destruction of the Project's facilities, associated equipment and/or infrastructure using either of the following methods: 1. The CONTRACTOR shall maintain property insurance for facilities, associated equipment and/or infrastructure adequate to cover the value of the Project; the CONTRACTOR shall supply a copy of the Certificate of Insurance specifying such coverage to WSDOT with the first request for reimbursement, and supply proof of renewal annually thereafter; or GCB1512 Page 6 of 13 2. The CONTRACTOR shall certify that it has self-insurance and provide a written certificate of self-insurance to WSDOT with the first request for reimbursement, and annually thereafter. The CONTRACTOR will cover from its own resources the costs of repairing or replacing any Project facilities, associated equipment and/or infrastructure, if it is stolen, damaged, or destroyed in any manner. B. If the damage to the Project does not result in a total loss, payments for damage shall be paid directly to the CONTRACTOR. The CONTRACTOR shall, within thirty (30) days, either: 1. Devote all of the insurance proceeds received to repair the Project and place it back in service, and the CONTRACTOR shall, at its own expense, pay any portion of the cost of repair which is not covered by insurance; or 2. In the event the CONTRACTOR certified to self- insurance, devote all funds necessary to repair the Project and place it back into service. C. If the Project is a total loss, either by theft or damage, the insurance proceeds or equivalent shall be paid directly to the CONTRACTOR and within fifteen (15) days the CONTRACTOR shall pay WSDOT its proportionate funded share of such proceeds received. The CONTRACTOR shall within sixty (60) days of loss, theft, or damage, notify WSDOT that it either: 1. Intends to replace the lost Project facilities, associated equipment and/or infrastructure; or 2. Does not intend to replace the lost Project facilities, associated equipment and/or infrastructure. D If the CONTRACTOR intends to replace the Project facilities, associated equipment and/or infrastructure then WSDOT will reimburse the CONTRACTOR upon receipt of an approved invoice, funds up to the amount WSDOT received in insurance proceeds. E. Coverage, if obtained or provided by the CONTRACTOR in compliance with this section, shall not be deemed as having relieved the CONTRACTOR of any liability in excess of such coverage as required by the limitation of liability section of this AGREEMENT, or otherwise. Section 25 Limitation of Liability A. The CONTRACTOR shall indemnify and hold WSDOT, its 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 CONTRACTOR's performance or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT, its agents, employees and officers arising out of, in connection with or incident to the negligent acts omissions of the CONTRACTOR, its agents, employees and officers. Provided, however, that nothing herein shall require the CONTRACTOR to indemnify and hold harmless or defend the WSDOT, its agents, employees or officers to the extent that claims are caused by the negligent acts or omissions of the WSDOT, its agents, employees or officers. The indemnification and hold harmless provision shall survive termination of this AGREEMENT. B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be employees of WSDOT. C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR's employees and/or subcontractors and solely for the purposes of this indemnification and defense, the CONTRACTOR specifically waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington. D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY. Section 26 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. Section 27 WSDOT Advice GCB1512 Page 7of13 The CONTRACTOR bears complete responsibility for the administration and success of the Project as it is defined by this AGREEMENT and any amendments thereto. If the CONTRACTOR solicits advice from WSDOT on problems that may arise, the offering of WSDOT advice shall not shift the responsibility of the CONTRACTOR for the correct administration and success of the Project, and WSDOT shall not be held liable for offering advice to the CONTRACTOR. Section 28 Forbearance by WSDOT Not 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 29 Lack of Waiver In no event shall any WSDOT payment of funds to the CONTRACTOR constitute or be construed as a waiver by WSDOT of any .CONTRACTOR breach, or default. Such payment shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default Section 30 Changed Conditions Affecting Performance The CONTRACTOR hereby agrees to immediately notify WSDOT of any change in conditions or law, or of any other event, which may affect its ability to perform the Project in accordance with the provisions of this AGREEMENT. Section 31 Agreement Modifications Either PARTY may request changes to this AGREEMENT. Any changes to the terms of this AGREEMENT must be mutually agreed upon and incorporated by written amendment to this AGREEMENT. Such amendments shall not be binding or valid unless signed by the persons authorized to bind each of the PARTIES. Section 32 Disputes A. Disputes. Disputes, arising in the performance of this AGREEMENT, which are not resolved by agreement of the PARTIES, shall be decided in writing by the WSDOT Public Transportation Division's Assistant Director or designee. This decision shall be final and conclusive unless within ten (10) days from the date of CONTRACTOR'S receipt of WSDOT's written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public Transportation Division or the Director's designee. The CONTRACTOR's appeal shall be decided in writing by the Director of the Public Transportation Division within thirty (30) days of receipt of the appeal by the Director of the Public Transportation Division or the Director's designee. The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the decision. B. Performance During Dispute. Unless otherwise directed by WSDOT, CONTRACTOR shall continue performance under this AGREEMENT while matters in dispute are being resolved. C. Claims for Damages. Should either PARTY to this AGREEMENT suffer injury or damage to person, property, or right because of any act or omission of the other PARTY or any of that PARTY's employees, agents or others for whose acts it is legally liable, a claim for damages therefore shall be made in writing to such other PARTY within thirty (30) days after the first observance of such injury or damage. D. 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 the WSDOT or CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under this AGREEMENT, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. Section 33 Termination A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate this AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the other PARTY. WSDOT and the CONTRACTOR shall agree upon the AGREEMENT termination provisions including but not limited to the settlement terms, conditions, and in the case of partial termination the portion GCB1512 Page 8 of 13 to be terminated. Written notification must set forth the reasons for such termination, the effective date, and in case of a partial termination the portion to be terminated. However if, in the case of partial termination, WSDOT determines that the remaining portion of the award will not accomplish the purposes for which the award was made, WSDOT may terminate the award in its entirety. PARTIES may terminate this AGREEMENT for convenience for reasons including, but not limited to, the following: 1. The requisite funding becomes unavailable through failure of appropriation or otherwise; 2. WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; 3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense; or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources; 4. The CONTRACTOR is prevented from proceeding with the Project by reason of a temporary preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the CONTRACTOR; or 5. The State Government or WSDOT determines that the purposes of the statute authorizing the Project would not be adequately served by the continuation of financial assistance for the Project. 6. In the case of termination for convenience under subsections A.1-5 above, WSDOT shall reimburse the CONTRACTOR for all costs payable under this AGREEMENT that the CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly submit its claim for reimbursement to WSDOT. If the CONTRACTOR has any property in its possession belonging to WSDOT, the CONTRACTOR will account for the same, and dispose of it in the manner WSDOT directs. B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in whole orin part, and all or any part of the financial assistance provided herein, at any time by written notice to the CONTRACTOR, if the CONTRACTOR materially breaches or fails to perform any of the requirements of this AGREEMENT, including: 1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which under the procedures of this AGREEMENT would have required the approval of WSDOT; 2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America laws, Washington state laws, or local governmental laws under which the CONTRACTOR operates; 3. Failure to perform the Project or any part thereof including, but not limited to: a) Failure to build the Project according to the design specifications and all building code required standards; b) Failure to remedy all defects in the performance of the Project and correct all faulty workmanship by the CONTRACTOR or its subcontractors in a timely manner; c) Failure to take any action which could affect the ability of the Project to perform its designated function or takes any action which could shorten its useful life for Project use or otherwise, or d) Failure to make reasonable and appropriate use of the Project real property, facilities, equipment and/or .infrastructure. 4. Fails to make reasonable progress on the Project or other violation of this AGREEMENT that endangers substantial performance of the Project; or 5. Fails to perform in the manner called for in this AGREEMENT, or fails, to comply with or, is in violation of, any provision of this AGREEMENT. WSDOT shall serve a notice of termination on the CONTRACTOR setting forth the manner in which the CONTRACTOR is in default hereunder. If it is later determined by WSDOT that the CONTRACTOR had an excusable reason for not performing, such as events which are not the fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood, WSDOT may: a) allow the CONTRACTOR to continue work after setting up a new delivery of performance schedule, or b) treat the termination as a termination for convenience. C. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If the CONTRACTOR fails to remedy to WSDOT's satisfaction the breach or default withinthe timeframe and under the conditions set forth in the notice of termination, WSDOT shall have the right to terminate this AGREEMENT without any further obligation to CONTRACTOR. Any such termination for default shall not in any way operate to preclude WSDOT from also pursuing all available remedies against CONTRACTOR and its sureties for said breach or default. GCB1512 Page 9 of 13 D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's remedies for any succeeding breach of that or of any other term, covenant, or condition of this AGREEMENT. Section 34 Venue and Process In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this 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 Subrogation A. Prior to Subrogation. WSDOT may require the CONTRACTOR to take such action as may be necessary or appropriate to preserve the CONTRACTOR's right to recover damages from any person or organization alleged to be legally responsible for injury to the Project or other property in which WSDOT has a financial interest. B. Subrogation. WSDOT may require the CONTRACTOR to assign to WSDOT all right of recovery against any person or organization for loss, to the extent of WSDOT's loss. Upon assignment, the CONTRACTOR shall execute, deliver, and do whatever else necessary to secure WSDOT's rights. The CONTRACTOR shall do nothing after any loss to prejudice the rights of WSDOT. C. Duties of the Contractor. If WSDOT has exercised its right of subrogation, the CONTRACTOR shall cooperate with WSDOT and, upon WSDOT's request, assist in the prosecution of suits and enforce any right against any person or organization who may be liable to WSDOT due to damage to the Project. The CONTRACTOR shall attend hearings and trials as requested by WSDOT, assist in securing and giving evidence as requested by WSDOT, and obtain the attendance of witnesses as requested by WSDOT. Section 36 Severability If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or any part thereof, which in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. Section 37 Counterparts This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned herein, and does hereby accept WSDOT's grant and agrees to all of the terms and conditions thereof. Section 38 Complete Agreement This document contains all covenants, stipulations, and provisions agreed upon by WSDOT. No agent or representative of WSDOT has authority to make, and WSDOT shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein or made by written amendment hereto. Section 39 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. Section 40 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. GCB1S12 Page 10 of 13 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year last written below. WASHINGTON STATE DEPAR I OF TRANSPORTATION 411 / / .411.�� ,/,L _ Lagerber_D irector Public Transportation Division Date: AP' ' OVED AS TO FORM By: Susan Cruise Assistant Attorney General Date: July 11, 2013 CONTRACTOR By: )4li : Al._.' wrutho l i a - d Repr . Title h1, $1 -„,,,1I Print Name: T ny O'Rourke Print Title City Manager Date: f l —1 Cr CITY CONTRAC r NO: 0°14 A RESOLUTION NO: GCB1512 Page 11 of 13 EXHIBIT I PROJECT SCOPE, SCHEDULE AND BUDGET Total Project Cost 302,000 2013-15 Biennium Grant Amount 240,000 Minimum match requirement 60,400 Project A Expansion of existing park and ride lot to accommodate 114 vehicles. See Attachment A, Regional Mobility Grant Project Application — Location and Description of Work for additional details. GCB1512 Page 12 of 13 Attachment A to Exhibit I Project Application Location and Description of Work GCB1512 Page 13 of 13 • u 1. Project Summary 2013-2015 Regional Mobility Grant Project Title Category 2 Yr 4 Yr Selah - Firing Center Park & Ride Lot Expansion CN OP EV Lead Agency Federal Tax ID # 91-6001292 City of Yakima - Yakima Transit Legislative Districts 13 Mailing address Grant request for 2013 - 2015 $240,000 2301 Frultvale blvd. Yakima, WA 98902 Grant request for 2015 - 2017 $0 Total grant request $240,000 EXPENDITURE PLAN Address to receive reimbursement checks 2013-2015 Biennium 129 N. 2nd Street, Yakima, WA 98901 Jul - Sep, 2013 $25,000 Oct - Dec, 2013 $20,000 Jan - Mar, 2014• $30,000 Apr - Jun, 2014 $85,000 Project Manager Jul.. Sep, 2014 $80,000 Troy Suing Oct - Dec, 2014 Phone no. Jan - Mar, 2015 509-577-1626 (off) or 509-952-2292 (c) Apr - Jun, 2015 Email SuingT©wsdot.wa.gov Total 2013 2015 Biennium $240,000 Grant Administrator 2015-2017 Biennium Kevin Futrell Jul - Sep, 2015 Phone no. Oct - Dec, 2015 509-576-6422 or 509-594-7270 (c) Jan - Mar, 2016 Email Apr - Jun, 2016 kfutrell@ci.yakima.wa.us Jul- Sep, 2016 Billing Contact Oct - Dec, 2016 Debbie Baldoz Jan - Mar, 2017 Phone no. Apr - Jun, 2017 509-576-6687 Email Total 2015-2017 Biennium $0 dbaidoz©ci yaklma wa us Total both grant request biennium's $240,000 Summarize the proposed grant project The project includes the expansion of an existing park and ride lot. The existing lot has the capacity for 40 vehicles. After the project is completed, the park and ride lot will have the capacity for 114 vehicles. WS DOT Approved Vehicle Trips Reduced (VT) WSDOT Approved Vehicle Miles Traveled Reduced (VMT) 28,600 In Year 1 1,297,468 In Year 1 38,480 In Year 4 1,652,735 In Year 4 I ..."110",. Washington State V//Department of Transportation Readiness to Proceed Checklist Design % complete 2. Readiness to Proceed 2013-2015 Regional Mobility Grants Q 10% Environmental permits applied for? Yes ❑ No approved? Yes ❑ No Building permits applied for? Yes ❑ No approved? Yes ❑ No Executive Order 05-05 compliance applied for? Yes ❑ No approved? Yes ❑ No Land /right-of-way % acquired 100% Construction % complete RFP (or IFB) published? Yes ❑ No Or — other agency procurement identified? Yes ❑ No Vendor selected? Yes C No 0% Additional Information The property that will be used for the site is partially owned by WSDOT and partially owned by Yakima County. The ' existing park & ride lot is all contained on Yakima County property. A preliminary site design has been completed. The project build out (design) has not been completed yet. U 1 • 3. Project Description (two pages) 2013-2015 Regional Mobility Grants Describe the problem this project is designed to solve in relation to both the local public transportation system and the broader regional transportation system. Include the location and the specific congested corridor or situation. Yakima Transit participates along with WSDOT and Central Washington University in funding the Yakima -Ellensburg Commuter, which is operated by HopeSource, a non-profit organization in Ellensburg, WA. The Commuter has almost completed the first year of operation and it has been a success to date. The service consists of 16 one-way trips between Yakima, WA and Ellensburg, WA. On the Yakima side, there are four stops, one of which is the park and ride lot that is being proposed for expansion. The majority of the passengers that board the commuter bus headed to Ellensburg park at this park and ride lot. Occasionally, the number of riders that board at this site exceed the number of parking stalls available for passengers to park in. With the permission of the neighboring property owner, passengers have been parking their vehicles on the neighbor's land and riding the commuter bus. This park and ride lot serves not only the passengers for the Yakima -Ellensburg Commuter but also individuals who carpool or vanpool from this site. Several of the people who park here carpool with someone else to construction sites or other sites not accessible by the Commuter. There is also a number of individuals who park at this site and carpool with coworkers into the Yakima Training Center about a mile to the east of the park and ride lot. The problem we are trying to resolve is the lack of parking availability at this busy park and ride lot. It is important for the success of the Yakima -Ellensburg Commuter to have additional parking spaces available for individuals commuting to Ellensburg. These individuals typically commute from the Lower Yakima Valley, Yakima, and .Selah. With the park & ride lot maxed out, there isn't any additional parking available for Individuals who would use the Commuter. Many people who would park here may not be willing to risk parking on private property in order to use the Commuter. The project is located Just outside of Selah, WA to the northeast at exit 26 off of Interstate 82. The cross streets are E Selah Road and Firing Center Road. Many of the Individuals plan to use the Yakima -Ellensburg Commuter to avoid winter weather driving, reduce costs for them driving alone, reduce the hassle of trying to coordinate trips with others traveling to Ellensburg, and to avoid having to drive. With this location being the last stop out of the Yakima area, passengers who believe they cannot park at the site due to capacity constraints will end up driving alone instead of using the commuter service or carpooling. Expanding this site is very important in order to continue to provide the Commuter service, because It will allow more people to park at the site. 3. Project Description (two pages) 2013-2015 Regional Mobility Grants Describe how the proposed grant project will address the above problem. The proposed project will expand the existing park and ride lot allowing more locations for people to park. Not only will it help with the Yakima -Ellensburg Commuter, but also for individuals who carpool and vanpool. • 4. Maps 2013-2015 Regional Mobility Grants • Please provide relevant addresses and cross streets. Firing Center Road and East Selah Road both located next to Interstate 82: Please include the following maps as a PDF attachment to the grant application. •• Regional location map • Engineering drawing or site map(s) • An aerial image of the project site(s) All applicants submitting a hard copy of the grant application must include hard copies of the maps. 5. Location of Identified Bottlenecks, Chokepoints, or Congested Corridors on the State Highway System 2013-2015 Regional Mobility Grants Locations of Identified Bottlenecks, Chokepoints or Congested Corridors on the State Highway System 2007-2026 Highway System Plan. The entire plan may be viewed at http://www.wsdot.wa.gov/planning/HSP.htm. This page is only a placeholder. There is nothing to fill out for Section 5. AWashington state V/ Department of Ilransportation 6. Impact on Congested Corridors 2013-2015 Regional Mobility Grants Identified Bottleneck or Chokepoint beginning / ending location: Yaidma, WA to Ellensburg, WA Level of Service The current level of service through the corridor is: B in many areas. Describe the congestion problems your proposal addresses. The explanation should relate the project to both the public transportation system and the broader regional transportation system and should clearly demonstrate the connection between the problem and your proposal. Although this isn't a congested corridor like many of the westside road systems, by expanding this park and ride lot a large number of cars will be removed from this stretch of 1-82. Commutes along this stretch are likely longer (roughly 27 miles) than commutes on the westside of the state where passengers may park at a Bellevue_P&R lot and ride to downtown Seattle (10 miles), Renton (10 miles), Lynnwood (20 miles), etc. As a result, by expanding this park & ride lot, on average, it will have a larger affect on reducing commute trips and single occupancy vehicle trips for a longer distance per parking stall than with a typical Seattle Metro park & ride lot stall. The 1-82 corridor Is used by a large number of commercial trucks transporting goods to other areas of the state and outside the state. The stretch between Yakima and Ellensburg consists of two lane traffic In each direction with many hills for these trucks to climb. Although the additional lane provides for passing, it can slow down other traffic, with fewer vehicles on the road, commercial trucks can pass with greater ease and allow goods and services to be delivered to their destination in a quicker time. Page 1 of 1 7. System Integration (two pages) 2013-2015 Regional Mobility Grants Describe the system integration problems your proposal addresses. For example, indicate how your proposal: • improves multimodal connections and service • establishes or improves connections between counties or urban centers • exemplifies coordination among jurisdictions and/or • improves the use of demand management strategies to leverage existing services and programs, including Growth and Transportation Efficiency Center programs • Limit your response to two pages The Yakima -Ellensburg Commuter is coordinated with Yakima Transit's fixed -route system that operates In Yakima, WA and Selah, WA and it is coordinated with Central Transit in Ellensburg, WA (operated by HopeSource). By expanding the project park and ride lot, passengers can ride the Commuter service and connect up with Central Transit in Ellensburg to make It to .their final destination. Throughout the day, riders can use Central Transit's services at no additional charge. Although indirectly related to the expansion of the park and ride lot, the success of the Yakima -Ellensburg Commuter means the service will continue to operate between Yakima and Ellensburg and provide needed public transportation for individuals who do not drive that need access to health services, life services, work and education in Yakima County. These same types of individuals need access to work, education, and other services in Ellensburg. The more trips that can be provided the more successful the service is, which in turn could lead to an expansion of the service in the form of more trips per day allowing a higher frequency and more flexibility to passengers. The service is operated between Yakima and Ellensburg (approximately 35 miles apart). There are connecting services between Yakima and Union Gap (Yakima Transit/Union Gap Transit), Seiah (Yakima Transit), and Lower Yakima Valley towns and cities (People for People's Community Connector Service). The Yakima -Ellensburg Commuter connects up to Central Transit allowing more mobility for individuals who use the commuter. The service also connects up with the Yakima Airport, which provides connecting services to Seattle. This project is in coordination with WSDOT (property owner & organization that will maintain the P&R site after construction), Yakima County (property owner), Yakima Transit (participates in funding the Yaklma-Ellensburg Commuter), HopeSource (operates the Yakima -Ellensburg Commuter), Central Washington University (participates in funding the Yakima -Ellensburg Commuter and funds Central Transit in Ellensburg), & YVCOG (Yakima County MPO/RTPO). Page 1 of 2 • v ) 8. Financial Plan Description 2013-2015 Regional Mobility Grants Describe the funds you are contributing to the project. (If applicable, attach documentation) Yakima Transit is not contributing any funds to the project. WSDOT owned property (right of way) will be used for the project. The existing park and ride site is owned by Yakima County and maintained by WSDOT. Additional Yakima County property will be used for the expansion. WSDOT will maintain the P&R site going forward. Describe the contributions of any financial partners on the project. Yakima County and WSDOT will be contributing property for the project. WSDOT will manage the project and maintain the property following the completion of the project. With the exception of the Regional Mobility Grant funds, is your proposed project fully funded? Yes ✓ No If, no explain how and when the project will be fully funded. The project will be fully funded with a combination of dedicated property and Regional Mobility Grant funding ' . Describe any undocumented financial contributions or other unique aspects of your financial plan. WSDOT will maintain the property following the completion of the project. Please describe how you plan to maintain funding for the service or facility after Regional Mobility Grant funding is exhausted. WSDOT will maintain the property following completion of the project. • Page 1 of 1 9. Financial Plan Table 2013-2015 Regional Mobility Grants 0 This table should represent all project costs. The information contained in this table will serve as the basis for any funding agreements with the State. _ Type of Work . Funding Sources and Amounts Total Project Funds Regional Mobility Grant Funds Other State Funds Local Funds Federal Funds Other Funds PE or Design $50,000_•.-..:.,:;': $50,009,;;;,;.1..-;;If;k,t2'':1.:':;!i',..,,..:,:.r.: : . Right of Way / Land $62,000 .,,,,,:::; rl.; ;'1'.. . •..462`,069`, '1.-:,..-,'.1.,-,i'-'. '1 .:1'''.1,2,..,,:',,;: Construction $190,000!.:$19(100D: '...;:',•••-: ;,, -',..j._-_ •,..',,,, .,,,-..,,,,'-; .,;,1'.1.•,;-;.;`,. ! ; ,,; J,,:,'!'",,' , :-„ • , Capital Equipment $0 ',! "'" ;;;I'), .' : , .1 ; ' ':,';;:;;;::::1.- • '.;-- :•'-',:t . ':-,--=':-..--.,: )`: ; : . Operations $0 Total Project Cost/Funding $302,000 $240,000 $62,000 $0 f $0 $0 % of RMG Contribution to Overall Project Cost % of Match Contribution to Overall Project Cost (Local, Federal and Other funds, not State 79.47% 20.53% Do you have confirmation from the other funding sources that you will receive the funding? Yes[] No 111 'Assuming you will receive Regional Mobility Grant funds, what percentage of the total project cost is still need to fully fund the project? $0 Comments • Total Project Costs $292;000 —50-2.1060 To complete 1 Incremental Coati appropriate d individual pro Project Lk Construction Expectancy (years) Poland Ride $240,000 12 Transit Center 12 Transit Lanes 20 Transit Signal Priority 10 Bus Slickers 10 Freeway Management 10 HOVLanes 20 Business and Transit Lanes 20 PuseagerAmenities 2 Bicycle/Pedestrian Facilities 15 Railroad Tack 30 Bus bulbs/Sidman 15 Total $240,000 Operation NewRoute 24 Blended Route 2-4 Increased Frequency 2.4 Promotion Activity 24 Total $0 Right of way• Land acquisition cost $62,000 too Leased Land (years) i Total$62,000 • Equipment Buses 12 Railcars 25 Total $0 10. Cost Effectiveness 2013-2015 Regional Mobility Grant section please include your projects total cost, and film the Ear amounts for each ofyour projects elements. The sun ofthe - elements must equal the total project cost. Ifyou project will create a new transit route, or extend anexisting route please provide your agencies cost per service hour. 'Incremental Cost (if any) to the agency to provide the service. For example, a project that proposes to purchase new buses with a net increase in service horns must include the cost of operating that service inthe cost estimate. 1) The cost ofti a buses and 2) cost ofthe additional service. 2 Please include the term ofthe lease in years, and include the number ofrenewal periods (if airy) to determine the total effecthe 11 ofthe lease. For example, a five year lease with four renewal periods would haw an effective life of20 years. 11. Executive Order 05-05 - Checklist 2013-2015 Regional Mobility Grants Executive Order 05-05 (EO 05-05) requires a review of all capital construction projects and land acquisitions for all capital construction projects that are not undergoing a Section 106 review wider the National Historic Preservation Act of 1966. Please provide the following information regarding your project and EO 05-05. Note: any information provided in this section will be used for administrative purposes only, and will not be scored competitively. If your project is selected for Regional Mobility funding, this information will help WSDOT expedite resolution of any requirements related to EO 05-05 compliance. Questions: 1) Does your project require excavation, or displacement of soil? Yes Q✓ No ❑ If the answer to Question #1, above, was "Yes," please answer the following: 2) To what maximum depth will this digging occur? (An approximate answer is acceptable here) Mainly just grading. No soil will be moved offsite. Depth would be 1-4ft. 3) How large an area will be excavated? (An approximate answer is acceptable here) 24,000sf 4) Please describe the area in which the digging will take place: is it on a paved thoroughfare, or right -of way, or is the project site on newly excavated land? All paving will be located in either Yakima County or WSDOT Right of Way • • 5) Is this project receiving federal funding? Yes ❑ No ❑✓ If the answer to Question #5, above, was "Yes," please answer the following: 6) Is a Federal Section 106 environmental review required? Yes ❑ No ❑ 7) Has the Section 106 review process been started, scheduled, or completed? Yes ❑ No ❑ 8) At what date was it: Started Completed Scheduled 9) If your project is not receiving federal finding, have you begun the process of requesting approval from the Department of Archeology and Historic Preservation (DAHP) for EO 05-05 compliance? Yes ❑ No [I 10) If you have started the EO 05-05 process, has DAHP provided any guidance on this, or a letter indicating approval for the project? If yes, please describe. Yes C No ❑ 12. Project Schedule 2013-2015.Regional Mobility Grants • Construction Projects For 2 -year projects, all of these milestones must occur before June 30, 2015. For 4 -year projects the following milestones must occur before June 30, 2015: • Design 90% complete • Complete environmental documentation • Set contract ad date • Set construction start date and project completion date 3' ,a { 'Nt.� .a` '{ _ sy✓ E7I ..a, a� f Es E Co tru ctio ; 'j `4t� ET !y k��� F C EE r" .�s-fi yyµi(dY stone are` ' E 5Y { #v" i X 33 '`Ti I 's3"#{ "� r+ A ..� h -> ones .£ L F {3 3 f o? -aa$ 3-c -.. (c.i a{ r•P,{ t o nneeds� e �,J .`9 1 £ �{ fo" e# � Y'Nt ' '' h � 1\ Design 10% complete 10/12 Design 30% complete 08/13 Design 60% complete 09/13 • Design 90% complete 01/14 Complete environmental documentation 02/14 Executive Order 05-05 compliance . 01/14 Obtain required permits 03/14 Land acquired/right of way certification 09/12 Utllies 09/12 Ad date 03/14 Bid date• 03/14 Award date 04/14 Construction start date 05/14 Construction 25% complete 06/14 Construction 50% complete 06/14 Construction 75% complete 06/14 Operationally complete 07/14 Performance Management Plan (PMP) approved by WSDOT 08/14 Fully complete 08/14 Site inspection visit by WSDOT 08/14 Page 1 of 2 • U r 12. Project Schedule 2013-2015 Regional Mobility Grants Equipment/Vehicle Project For 2 -year projects, all of these milestones must occur before June 30, 2015. For 4 -year projects the following milestones must occur before June 30, 2015: • Development/approval of final specifications • Place order • Set delivery date a�._� �£x3'¢¢r -a� uta : . 3 € Ex 13� �` 33 `F,S"'` �.�- .s•"k "a�4' T^4 3 43 3 I i estone.4�€ fiii a3 %� i...:' A �Ir� €5��'y. $'..E��� - 9€"5t ii'�=' £�3s RFP of IFB publish date a Contract award Set delivery date . First vehicle accepted First vehicle service start date All vehicles accepted All new vehicles in service Service inspection visit by WSDOT Performance Management Plan (PMP) approved by WSDOT Operating Projects For all operating projects the new service must start before October 1, 2014. 'a �k4aw' xs --,,vie,a &ii . 0 6 f €} 1 4 1 °l�rc�pato esfones;a e> I: ©Itl . z anv a Service plan completed Start date established Service start date Service inspection visit by WSDOT Performance Measuremetn Plan (PMP) approved by WSDOT Page 2 of 2 13. MPO/RTPO Verification 2013-2015 Regional Mobility Grants Attach correspondence (letter, memo or e-mail is sufficient) from the relevant Metropolitan Planning Organization (MPO)/Regional Transportation Planning Organization (RTPO) to verify the project is consistent with the regional transportation plan or policies, local transportation plans or policies and local transit plans or policies. Attached. • 0 14. Transit Agency Verification 2013-2015 Regional Mobility Grants If the proposed project will affect one or more transit agencies you must provide correspondence (letter, memo or e-mail is sufficient) to verify the project is consistent with their plans and policies. The proposed project is consistent with Yakima Transit (Yakima), Selah Transit (Salah), and HopeSource's Central Transit (Ellensburg). Yakima Transit is submitting this grant application. Selah and HopeSource providing transit services near or to this park and tide lot. 15. Greenhouse Gas Emission Reduction Policy Statement 2013-2015 Regional Mobility Grants 1. Has your agency adopted policies to reduce Greenhouse Gas Emissions? Yes ID No El 2. Please describe specific goals and objectives of your acencv's Greenhouse Gas Emission Reduction Policy, and describe what components it includes, and how it is implemented. Several of the City of Yakima's Greenhouse gas goals and objectives focus on transit, bikes, pathways, and commute kip reduction. One main component Is increasing availability of transit services. As it relates to this project, the Yakima -Ellensburg Commuter is one way that this component Is met. Another main component is reducing single -occupancy vehide use. As it relates to this project, the Yakima -Ellensburg Commuter is one way that this component is met. Another is by providing options for carpools and vanpools. a 3. RCW 70.235.070 requires project "consistency" with the state Greenhouse Gas emission limits, and Vehicle Mile Traveled reduction benchmarks found in RCW 47.01.440. Please describe how your proposed project is consistent with RCW 70.235.070. The project is, consistent with state Greenhouse Gas emission limits, and Vehicle Mile Traveled reduction benchmarks found in RCW 47.01.440, by providing opportunities through carpools, transit, and vanpools to reduce the number of single -occupancy vehicle trips taken. 4. Does the project contain any renewable energy equipment: e.g. solar or wind electrical generation? No. • 16. Application Signature 2013-2015 Regional Mobility Grants This application must be certified by someone authorized to sign contracts on behalf of your organization or delegated that authority, such as the board chairperson or chief executive officer. Applications submitted without the checkbox selected will be rejected by WSDOT and will not be considered for grant funding. I certify, to the best of my knowledge, that the information in this application is true and accurate and that this organization has the necessary fiscal, data collection, and managerial capability to implement and manage the project associated with this application. Applicant Agency City of Yakima - Yakima Transit Project Title Selah - Firing Center Park & Ride Lot Expansion Name and Title of Signatory Tony O'Rourke, City Manager Date 10/09/2012 l r ,', Fence .1.;1•:° Expansion 3 P&RArea 69.new .._ . prking a stalls striped 5.0 -Peed rW. Gas Stki Cie /Minimart 1 f• i i� .I; J 1p��1� ! �''7Ir C L f ;f 1 Existing` "� _ ' - - P&R Lot— }40 spaces / '� .. -unstriped/ ,......45-itstriped 4.0 O Parking Stalls a4'9' x 19' The Driveway is 24'.wide The final buildout will have 114 parking stalls. ''•.t RECEIVED JUN 23 2014 Public Transportation Office BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.E. For Meeting of: June 17, 2014 ITEM TITLE: Resolution authorizing a grant agreement with the Washington State Department of Transportation (WSDOT) to allow Yakima Transit to expand and resurface the Firing Center Park & Ride. SUBMITTED BY: Scott Schafer, Public Works Director, 576-6411 Alvie Maxey, Acting Transit Division Manager SUMMARY EXPLANATION: Due to continued success of the Yakima -Ellensburg Commuter Service, Yakima Transit applied for grant funding in 2012 to expand and resurface the Firing Center Park & Ride. The funds were awarded June 2013. The grant agreement in the amount of $240,000 required a 20% match and since the property is owned and controlled by WSDOT and Yakima County, their contribution of $60,400 in land will be used as matching funds for this grant. The total cost of the project is $302,000. The expansion of the Park & Ride lot will provide added parking for passengers using the Yakima -Ellensburg Commuter, carpooling, or using Yakima Transit's fixed -route bus system as it connects through the City of Selah. Because the property is owned by Yakima County and WSDOT and controlled & maintained by WSDOT, WSDOT will be contracted with to do the design and construction of the park & ride expansion and resurfacing. There is no cost to the City of Yakima for the proposed project. The City of Yakima will receive up to $10,000 for costs related to administering the grant. Grant Agreement GCB1512 is in the amount of $240,000 (see attached agreement). Interlocal Agreement GCB 1725 Design and Construction Lot Improvement in the amount, not to exceed, $230,000 (see attached agreement). Resolution: X Other (Specify): Contract: X Start Date: 7/01/2013 Ordinance: Contract Term: 240,000 End Date: 6/30/2015 Item Budgeted: Yes Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: Amount: WSDOT & Yakima County Property ($60,400) & WSDOT Grant ($240,000) Improve the Built Environment .A.T City Manager Staff respectfully requests City Council approve the resolution authorizing the City Manager to enter into Grant Agreement GCB 1512 & Interlocal Agreement GCB 1725 to expand the Firing Center Park & Ride Lot and resurface the existing P&R lot. ATTACHMENTS: Description D Resolution D WSDOT Grant Contract D WSDOT Construction Contract Upload Date 6/9/2014 6/9/2014 6/9/2014 Type Resolution Contract Contract