HomeMy WebLinkAboutR-1997-131 Englewood Avenue BridgeRESOLUTION NO. R - 97 -1 31
A RESOLUTION authorizing and directing the City Manager of the City of
Yakima to execute a Local Agency Agreement with the
Washington State Department of Transportation for the
removal of the Englewood Avenue bridge over the
Powerhouse Canal.
WHEREAS, the City of Yakima, and the Department of
Transportation for the State of Washington, through the Hazard Elimination
Program, desire to remove the Englewood Bridge located over the recently
piped Powerhouse Canal, said bridge having been determined to be a traffic
safety hazard in its present condition, and;
WHEREAS, the City Council deems it to be in the best interest of the
City of Yakima to execute the prospectus and enter into said agreement, for the
purpose of funding the aforementioned bridge removal and to construct in its
place a new paved roadway, now, therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager of the City of Yakima is hereby authorized and
directed to execute a Local Agency Agreement with the Washington State
Department of Transportation for the removal of the existing bridge on
Englewood Avenue crossing the Powerhouse Canal for the purpose mentioned
above, a copy of which agreement is attached hereto and by reference made a
part hereof.
ADOPTED BY THE CITY COUNCIL this ott day of October,
1997
ATTEST:
;mac
City Clerk
2 -- October 16, 1997
,62
7n14'
n Buchanan, Mayor
Alo, AGENCYI
Washington State
0% Department of Transportation
Local Agency Agreement
Agency CITY OF YAKIMA
Address 129 North 2nd Street
Yakima, WA 98901
Project Mo. 1 SlFi-I--TAq(p
Agreement No. LA 382 5
For Headquarters WSDOT use only.
The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2)
the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102 and A-128, (4) the policies and procedures
promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and
Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to
proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein
on line s, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not
reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name Englewood Bridge Removal Length 80 L.F.
Termini
Description of Work
This proposal is to remove the railings and bridge, place fill material to require
grade and construct a two lane, aggregate base/asphalt surfaced roadway to replace
the bridged roadway.
Type of Work
A
Estimate of Funding
(1)
EstimatedTotal
Project Funds
(2)
Estimated
Agency Funds
(3)
Estimated
Federal Funds
PE a. Agency work
b. Other
$ 10,800
200
$ 1,080
2 0
$ 9,720
1 8 0
c. State services
d. Total PE cost estimate (a+b+c)
$ 11,000
$ 1,100
$ 9,900
Right of Way e. Agency work
f. Other
g. State services
h. Total R/W cost estimate (e+f+g)
o
0
0
....$ 6.5..,..6.1..0
$ 65,610
Construction i. Contract
j. Other
...$ 72.., 900
$ 72,900
....$........7..,.29.0
$ 7,290
k. Other
1. Other
m. Total contract costs (i+j+k+i)
n. Agency
o. Other
7,100
1,000
7 1 0
1 0 0
6.ConstructionEngineering a`~
............
900
p. State forces
q. Total construction engineering (n+o+p)
r. Total construction cost Estimate (m+q)
8, 1 0 0
8 1 0
. 7,290
$ 81,000
$ 8,100
$ 72,900
s. Total cost estimate of the project (d+h+r)
$ 92 , 000
$ 9,200
$ 82,800
*Federal participation in construction engineering (q) is limited to 15 percent of the total contract costs (line m, column 3). 76)The federal aid participation rate in this project will be determined by the Federal Government. The parties expect that it will be
percent; however, it is understood that the rate may vary. The Local Agency agrees that this agreement is entered into without relying upon any
representation by the state made outside of this contract, or contained herein, as to what the federal participation rate will be. It further agrees
that it will not condition any future actions with respect to the project covered by this agreement upon past, current, or future representations as
to the federal participation rate. The dollar amount of federal participation cannot exceed the amount shown in line s, column 3. All costs not
reimbursed by the Federal Government shall be the responsibility of the Local Agency.
DOT Form 140-039
Revised 8/95
1
Co struction a,' eth d of Financing
(check method selected)
State Ad and Award
❑ Method A — Advance Payment Agency share of total construction cost (based on contract award)
O Method 13 — Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of
$ at $ per month for months
Local Force orLocal Ad and Award
O Method C —Agency cost incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the
federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action
on October 21 1997_, Resolution/ alrkkAtilfeNo. R-97--131 / Contract No. 97-102
Agency Off'iCia1
CITY MANAGER
ATTEST: r''�,(%i.� �.
„e0-6,_e_A..1-,--
Provisi s
L Scope of Work
The Agency shall provide all the work, labor, materials, and
services necessary to perform the project which is described and set
forth in detail in the "Project Description" and "Type of Work."
When the State acts for and on behalf of the Agency, the State
shall be deemed an agent of the Agency and shall perform the services
described and indicated in "Type of Work" on the face of this
agreement, in accordance with plans and specifications as proposed by
the Agency and approved by the State and the Federal Highway
Administration.
When the State acts for the Agency but is not subject to the right
of control by the Agency, the State shall have the right to perform the
work subject to the ordinary procedures of the State and Federal
Highway Administration.
ii. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal
Government by the administration of this project. The Agency agrees
that the State shall have the full authority to carry out this
administration. The State shall review, process, and approve
docurnents required for federal aid reimbursement in accordance with
federal requirements. If the State advertises and awards the contract,
the State will further act for the Agency in all matters concerning the
project as requested by the Agency. If the Local Agency advertises and
awards the project, the State shall review the work to ensure
conformity with the approved plans and specifications.
W. Project Administration
Certain types of work and services shall be provided by the State
on this project as requested by the Agency and described in the Type
of Work above. In addition, the State will furnish qualified personnel
for the supervision and inspection of the work in progress. On Local
Agency advertised and awarded projects, the supervision and
inspection shall be limited to ensuring all work is in conformance with
approved plans, specifications, and federal aid requirements. The
salary of such engineer or other supervisor and all other salaries and
costs incurred by State forces upon the project will be considered a cost
thereof. All costs related to this project incurred by employees of the
State in the customary manner on highway payrolls and vouchers shall
be charged as costs of the project.
W. Availability of Records
All project records in support of all costs incurred and actual
expenditures kept by the Agency are to be maintained in accordance
with procedures prescribed by the Division of Municipal Corporations
of the State Auditor's Office, the U.S. Department of Transportation,
and the Washington State Department of TransporiFation. The records
shall be open to inspection by the State and Federal Government at all
reasonable times and shall be retained and made available for such
inspection for a period of not less than three years from the final
DOT Form 140-039
Revised 8/95
2
Washington State Department of Trans]. ortation
Date Executed
payment of any federal aid funds to the Agency. Copies of said
records shall be furnished to the State and/or Federal Government
upon request.
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs
on any classification of work on this project until authorized in
writing by the State for each classification. The classifications of work
for projects are:
1. Preliminary engineering up to and including approval.
2. Preparation of plans, specifications, and estimates.
3. Right of way acquisition.
4. Project construction.
In the event that right of way acquisition, or actual construction
of the road, for which preliminary engineering is undertaken is not
started by the closing of the tenth fiscal year following the fiscal year
in which the agreement is executed, the Agency will repay to the State
the sum or sums of federal funds paid to the Agency under the terms
of this agreement (see Section VIII).
The Agency agrees that all stages of construction necessary to
provide the initially planned complete facility within the limits of this
project will conform to at least the minimum values set by approved
statewide design standards applicable to this class of highways, even
though such additional work is financed without federal aid
participation.
The Agency agrees that on federal aid highway construction
projects, the current federal aid regulations which apply to liquidated
damages relative to the basis of federal participation in the project
cost shall be applicable in the event the contractor fails to complete
the contract within the contract time.
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and
engineering costs and other expenses of the State, is to be paid by the
Agency and by the Federal Government. Federal funding shall be in
accord with the Intermodal Surface Transportation Efficiency Act
1991, Title 23, United States Code, as amended, and Office of
Management and Budget circulars A-102 and A-128. The State shall
not be ultimately responsible for any of the costs of the project. The
Agency shall be ultimately responsible for all costs associated with the
project which are not reimbursed by the Federal Government.
Nothing in this agreement shall be construed as a promise by the State
as to the amount or nature of federal participation in this project.
1. Preliminary Engineering, Right ofWay Acquisition, and
AuditCosts
The Agency will pay for Agency incurred costs on the project.
Following such payments, vouchers shall be submitted to the State in
the format prescribed by the State, in quadruplicate, not more than
one per month. The State will reimburse the Agency up to the
amount shown on the face of this agreement for those costs eligible for
federal participation to the extent that such costs are directly attribut-
able and properly allocable to this project. Expenditures by the Local
Agency for the establishment, maintenance, general administration,
supervision, and other overhead shall not be eligible for federal
participation.
The State will pay for State incurred costs on the project.
Following payment, the State shall bill the Federal Government for
reimbursement of those costs eligible for federal participation to the
extent that such costs are attributable and properly allocable to this
project. The State shall bill the Agency for that portion of State costs
which were not reimbursed by the Federal Government (see
Section VIE).
2. ProjectConstructionCosts
Project construction financing will be accomplished by one
of the three methods as indicated in this agreement.
Method A — The Agency will place with the State, within (20)
days after the execution of the construction contract, an advance in the
amount of the Agency's share of the total construction cost based on
the contract award. The State will notify the Agency of the exact
amount to be deposited with the State. The State will pay all costs
incurred under the contract upon presentation of progress billings
from the contractor. Following such payments, the State will submit a
billing to the Federal Government for the federal aid participation
share of the cost. When the project is substantially completed and final
actual costs of the project can be determined, the State will present the
Agency with a final billing showing the amount due the State or the
amount due the Agency. This billing will be cleared by either a
payment from the Agency to the State or by a refund from the State to
the Agency.
Method B — The Agency's share of the total construction cost as
shown on the face of this agreement shall be withheld from its monthly
fuel tax allotments. The face of this agreement establishes the months
in which the withholding shall take place and the exact amount to be
withheld each month. The extent of withholding will be confirmed by
tetter from the State at the time of contract award. Upon receipt of
progress billings from the contractor, the State will submit such
billings to the Federal Government for payment of its participating
portion of such billings.
Method C — The Agency may submit vouchers to the State in the
format prescribed by the State, in quadruplicate, not more than once
per month for those costs eligible for Federal participation to the extent
that such costs are directly attributable and properly allocable to this
project. Expenditures by the Local Agency for the establishment,
maintenance, general administration, supervision, and other overhead
shall not be eligible for Federal participation.
The State shall reimburse the Agency for the Federal share of
eligible project costs up to the amount shown on the face of this
agreement. At the time of audit, the Agency will provide
documentation of all costs incurred on the project.
The State shall bill the Agency for all costs incurred by the State
relative to the project. The State shall also bill the Agency for the
federal funds paid by the State to the Agency for project costs which
are subsequently determined to be ineligible for federal participation
(see Section VIII).
VH. Audit of Federal Aid Project
The Agency, if services of a consultant are required, shall be
responsible for audit of the consultant's records to determine eligible
federal aid costs on the project. The report of said audit shall be in the
Agency's files and made available to the State and the Federal
Government.
An audit shall be conducted by the WSDOT Internal Audit
Office in accordance with generally accepted governmental auditing
standards as issued by the United States General Accounting Office by
the Comptroller General of the United States; WSDOT Directive
D27-50, Consultant Authorization, Selection, and Agreement
Administration; memoranda of understanding between WSDOT and
FHWA; and Office of Management and Budget Circular A-128.
If upon audit it is found that overpayment or participation of
federal money in ineligible items of cost has occurred, the Agency shall
reimburse the State for the amount of such overpayment or excess
participation (see Section VIII).
VIII. Payment of Billing
The Agency agrees that if payment or arrangement for payment
of any of the State's billing relative to the project (e.g., State force work,
project cancellation, overpayment, cost ineligible for federal
DOT Form 140-039
Revised 9/95
3
participation, etc.) is not made to the State within 45 days after the
Agency has been billed, the State shall effect reimbursement of the
total sum due from the regular monthly fuel tax allotments to the
Agency from the Mot4r Vehicle Fund. No additional Federal project
funding will be approved until full payment is received unless
otherwise directed by the Assistant Secretary for TransAid.
IX. Traffic Control, Signing, Marking, and Roadway
Maintenance
The Agency will not permit any changes to be made in the
provisions for parking regulations and traffic control on this project
without prior approval of the State and Federal Highway
Administration. The Agency will not install or permit to be installed
any signs, signals, or markings not in conformance with the standards
approved by the Federal Highway Administration and MUTCD. The
Agency will, at its own expense, maintain the improvement covered
by this agreement.
X. Indemnity
The Agency shall hold the Federal Government and the State
harmless from and shall process and defend at its own expense all
claims, demands,.or suits, whether at law or equity brought against
the Agency, State, or Federal Government, arising from the Agency's
execution, performance, or failure to perform any of the provisions of
this agreement, or of any other agreement or contract connected with
this agreement, or arising by reason of the participation of the State or
Federal Government in the project, PROVIDED, nothing herein shall
require the Agency to reimburse the State or the Federal Government
for damages arising out of bodily injury to persons or damage to
property caused by or resulting from the sole negligence of the
Federal Government or the State.
No liability shall attach to the State or Federal Government
except as expressly provided herein.
Xi. Nondiscrimination Provision
The Agency hereby agrees that it will incorporate or cause to be
incorporated into any contract for construction work, or modification
thereof, as defined in the rules and regulations of the Secretary of
Labor at 41 CFR Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Government or borrowed on the
credit of the Federal Government pursuant to a grant, contract, loan,
insurance, or guarantee or understanding pursuant to any federal
program involving such grant, contract, loan, insurance, or guarantee,
the following equal opportunity clause:
"DURING THE PERFORMANCE•OF THIS CONTRACT, THE
CONTRACTOR AGREES AS FOLLOWS:"
(a) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure
that applicants are employed and that employees are treated during
employment without regard to their race, color, religion, sex, or
national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment
or recruitment advertising; layoffs or termination; rates of pay or
other forms of compensation, and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the Agency setting forth the provisions of this
nondiscrimination clause.
(b) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor,•state that all
qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
(c) The contractor will send to each labor union or
representative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice to be provided
by the Agency advising the said labor union or workers'
representative of the contractor's commitments under this Section
11-2 and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(d) The contractor will comply with all provisions of Executive
Order 11246 of September 24,1965, and of the rules, regulations, and
relevant orders of the Secretary of Labor.
(e) The contractor will furnish all information and reports
required by Executive Order 11246 of September 24, 1965, and by the
rules and regulations and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and
accounts by the Federal Highway Administration and the Secretary of
Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
(f) In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations or orders, this contract may be canceled, terminated, or
s uspended in whole or in part and the contractor may be declared
ineligible for further government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24; 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(g) The contractor willinclude the provisions of this Section 11-2
in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor.
The contractor will take such action with respect to any subcontract or
purchase order as the Agency, Washington State Department of
Transportation, or Federal Highway Administration may direct as a
rneans of enforcing such provisions including sanctions for
noncompliance: Provided, however, that in the event a contractor
becomes involved in, or is threatened with, litigation with a
subcontractor, he may request the United States to enter into such
litigation to protect the interests of the United States.
The Agency further agrees that it will be bound by the above
equal opportunity dause with respect to its own employment practices
when it participates in federally assisted construction work: Provided,
that if the applicant so participating; is a State or Local Government, the
above equal opportunity clause is not applicable to any agency,
instrumentality, or subdivision of such government which does not
participate in work on or under the contract.
The Agency also agrees:
(1) To assist and cooperate actively with the State in obtaining
the compliance of contractors and subcontractors with the equal
,opportunity clause and rules, regulations, and relevant orders of the
:Secretary of Labor.
(2) To furnish the State such information as it may require for the
supervision of such compliance and that it will otherwise assist the
State in the discharge of its primary responsibility for securing
compliance.
(3) To refrain from entering into any contract or contract
modification subject to Executive Order, 11246 of September 24, 1965,
with a contractor debarred from, or who has not demonstrated
eligibility for, government contracts and federally assisted construction
contracts pursuant to the Executive Order.
(4) To carry out such sanctions and penalties for violation of the
equal opportunity clause as maybe imposed upon contractors and
subcontractors by the State, Federal Highway Administration, or the
Secretary of Labor pursuant to Part If, subpart D of the Executive
Order.
In addition, the Agency agrees that if it fails or refuses to comply
with these undertakings, the State may take any or all of the following
actions:
(a) Cancel, terminate, or suspend this agreement in whole or in
part;
(b) Refrain from extending any further assistance to the Agency
under the program with respect to which the failure or refusal occurred
until satisfactory assurance of future compliance has.been received •
from the Agency; and
(c) Refer the case to the Department of Justice for appropriate
legal proceedings.
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages
provisions of 23 CFR Part 630, Subpart 305, as supplemented, relative
DOT Form 140-039
Revised 8195
to the amount of Federal participation in the project cost, shall be
applicable in the event the contractor fails to complete the contract
within the contract time. Failure to include liquidated damages
provision will not relieve the Agency from reduction of federal
participation in accordance with this paragraph.
XIII. Termination for Public Convenience
The Secretary of the Washington State Department of
Transportation may terminate the contract in whole, or from time to
time in part, whenever.
(1) The requisite federal funding becomes unavailable through
failure of appropriation or otherwise.
(2) The contractor is prevented from proceeding with the work
as a direct result of an Executive Order of the President with respect to
the prosecution of war or in the interest of national defense, or an
Executive Order of the President or Governor of the State with respect
to the preservation of energy resources.
(3) The contractor is prevented from proceeding with the work
by reason of a preliminary, special, or permanent restraining order of a
court of competent jurisdiction where the issuance of such order is
primarily caused by the acts or omissions of persons or agencies other
than the contractor.
(4) The Secretary determines that such termination is in the best
interests of the State.
XIV. Venue for Claim and/or Causes of Action
For the convenience of the parties to this contract, it is agreed
that any claims and/or causes of action which the Local Agency has
against the State of Washington, growing out of this contract or the
project with which it is concerned, shall be brought only in the
Superior Court for Thurston County.
XV. Certification Regarding the Restrictions of the Use
of Federal Funds for Lobbying
The approving authority certifies, to the best of his or her •
knowledge and belief, that
(1) No federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of any federal
agency, a member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in -connection with the
awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative
agreement,
(2) If any funds other than federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any federal agency, a member of
Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and
submit the Standard Form -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all subawards at
all tiers (including subgrants, and contracts and subcontracts under
grants, subgrants, loans, and cooperative agreements) which exceed
$100,000, and that all such subredpients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification as a prerequisite for making or entering
into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Additional Provisions
4
4
ViWashington State
Department of Transportation
Sid Morrison
Secretary of Transportation
Fred French
Engineering/Utility Director
City of Yakima
129 N. Second Street
Yakima, WA 98901-2632
Dear Mr. French:
Transportation Building
P 0 Box 47300
Olympia, WA 98504-7300
September 6, 1996
HES Group II Selections
We have selected the following Group II safety project for funding through the
Hazard Elimination Program.
Project
Englewood Avenue 582,800.00
Funding of this project will be in the following stages.
Stage 1: Funding of PE (implementation of design) upon receipt of:
a. Project prospectus, covering the entire project (reflecting latest cost
estimate) and completed in accordance with Local Agency Guidelines.
b. Municipal Agreement showing PE amounts only.
Maximum Federal Participation
Stage 2: Construction funding after completion of PS&E and upon receipt of:
a. R/W Certification
b. Municipal Agreement supplemented to reflect the entire cost of the
project.
c. Environmental documentation.
To obligate funding for this project, please submit the item indicated in Stage 1 to
your Regional TransAid Engineer. Project expenditures are not eligible for
reimbursement until after we provide notice that funds are obligated.
The projects are included in the statewide safety bucket in the STIP and they will not
require a STIP amendment.
September 6, 1996
Page 2
Should you have any questions on how to pursue this project, please contact Regional
TransAid Engineer.
Sincerely,
G/14k
DENNIS B. INGHAM
Assistant Secretary
TransAid Service Center.
DBI:ch
cc: Bill Linse, S. Central Region
.ter•
15 Washington State
Department of Transportation
Sid Morrison
Secretary of Transportation
November 17, 1997
CITY OF YAKIMA
129 NORTH 2ND ST
YAKIMA WA 98901
Subject: Agreement No.: LA -3825
Project Title: Engelwood Bridge Removal
Location/Information: LA -3825/ at PP&L Canal
Work Order: TA -0717
ko /94L
Transportation Building
P 0. Box 47300
Olympia, WA 085047300
RECEIVED
9V 2 01997
FINANCE DEPT
Washington State Department of Transportation (WSDOT) Accounting Services has received the
executed agreement for the above project. We would like to take this opportunity to outline some
of the terms of the agreement and provide you with a contact for billing questions should they
arise.
Billing Address: Please verify that the address shown above is the correct billing address. If
you have any special reference numbers needed on the billing invoices please contact us so we
can provide the detail you need.
Contact: Carol C Owen at (360) 705-7503 is your contact person for billings.
Questions relating to the project status should be referred to the Region TransAid Office.
Continue to work with the Region TransAid Engineer for supplements that may be needed for the
agreement.
Method of Financing:
• . State Ad and Award: WSDOT will bill the Federal Highway Administration (FHWA) for
the federal share of the project costs. The local agency will be billed the remaining costs.
• Local Ad and Award: The local agency is responsible for billing WSDOT for the federal
share of the local agency costs. For state costs of the project, WSDOT will bill FHWA for
the federal share and bill the local agency for the remaining costs.
Current Month Billings: You will receive a billing each month there is activity on your portion
of the project or for your share of the state force charges for the month. It is our policy to
accumulate a minimum of $30 of charges before issuing a billing. Billings are mailed around the
18th of the month and are due by the date shown on the billing invoice. You will receive an
information sheet detailing how to read the invoices with your first billing.
Local Agency Responsibility:
• Match: The local agency is responsible for the difference between the project costs and the
federal share.
• Payments: The local agency is responsible for paying invoices by the due date, regardless of
when they receive reimbursement from other fund sources.
• Non -Participating Costs: The local agency is responsible for those costs not eligible for
reimbursement by FHWA.
• Excess CE: The local agency is responsible for construction engineering (CE) costs in
excess of 15% of the participating construction costs.
• Cost Overruns: All costs not reimbursed by the Federal Government shall be the
responsibility of the local agency.
Administrative Review: Upon completion of the project, a 90 -day letter will be issued. All
requests for reimbursement and affidavits of wages paid (if applicable) MUST be submitted by
the expiration date contained in the 90 -day letter. At that time, a final accounting will be
prepared. Until you receive the Administrative Review letter, the agreement is not closed.
You may receive letters regarding the substantial, physical or contract completion of the project,
but these do not constitute an Administrative Review. Some agreements may be closed prior to
the completion of the entire project. Others require the entire project be complete before closure
of the agreement. if your portion of the project has been completed and you feel you are due an
Administrative Review, please contact the Region TransAid Engineer.
This informational letter does not change any terms of the signed agreement. If there is any
conflict, the signed agreement takes precedence.
We look forward to serving you through the completion of the work covered by this agreement.
Sincerely,
Lee Crump
Billings/Receivables Manager
cc: Bill Linse, Region TransAid Engineer
Dick Krous
Linda Raber, Region Accountant
Agreement File LA -3825
WWashington State
V Department of Transportation
Local Agency Environmental
Classification Summary
,vironmentatufassificaiidnw,,v:.,,,
NEPA
0 class 1 - Environvental Impact Statement (EIS)
Class 11 - Categorically Excluded (CE)
O Projects Not Requiring Documentation for FHWA
Approval (LAG 24.22(a))
Qi Projects Requiring Documentation Without
Further FHWA Approval (LAG 24.22(b))
O Projects Requiring Documentation and FHWA
Approval (Documented CE) (LAG 24.22(c))
0 Class IU - Environmental Assessment (EA)
0 Supplemental EIS (SE1S)
'' .. . .
SEPA
ER Categorically exempt per WAC 197-11-800
O Determination of Non -Significance (DNS)
O Environmental Impact Statement (EIS)
O Other Actions: 0 Adoption
0 Addendum
DOT Form 140-100 EF
1197
Page 1 of 4
Ptht 2 Prm&ai3d 4pprovaIs Requwd
Date Revised
Revision Number
Summary Type
Preliminary
10
Final
Date Created
Federal Aid Project Number
STPH
Route
4652
( )
Local Agency Project Number
Agency
CITY OF YAKIMA
Federal Program
20.204
Title
P20.205
J20.206 20.209 ElOther
Project Title
Englewood Bridge Removal
Begin
MP
End
MP
Miles
Township 13 North
Range 18 East, W.M.
KM
KP
KP
County
Yakima
Water Resource Inventory Area (WRIA) No. & Name
39 Lower Yakima
Within Puget
ElYes
in
Sound Basin?
No
,vironmentatufassificaiidnw,,v:.,,,
NEPA
0 class 1 - Environvental Impact Statement (EIS)
Class 11 - Categorically Excluded (CE)
O Projects Not Requiring Documentation for FHWA
Approval (LAG 24.22(a))
Qi Projects Requiring Documentation Without
Further FHWA Approval (LAG 24.22(b))
O Projects Requiring Documentation and FHWA
Approval (Documented CE) (LAG 24.22(c))
0 Class IU - Environmental Assessment (EA)
0 Supplemental EIS (SE1S)
'' .. . .
SEPA
ER Categorically exempt per WAC 197-11-800
O Determination of Non -Significance (DNS)
O Environmental Impact Statement (EIS)
O Other Actions: 0 Adoption
0 Addendum
DOT Form 140-100 EF
1197
Page 1 of 4
Ptht 2 Prm&ai3d 4pprovaIs Requwd
Yes
No Permit or Approval
Yes
No Permit or Approval
Corps of Engineers 0 Sec. 10 El Sec. 404
El Nationwide Type
El
ElEj
El
0
0
Z1 Shoreline Permit
State Waste Discharge Permit
El Individual Permit No.
s Temp. Modification of Water Quality Standards
Ei-d Coast Guard
[21 Coastal Zone Management Certification
n Critical Area Ordinance (CAO) Permit
)J Flood Plain Development Permit
E2 Forest Practice Act Permit
[21 Hydraulic Project Approval
{:3 Local Building or Site Development Permits
a Section 4(f)/6(f): Wildlife Refuges, Recreation
Areas, Historic Properties
Water Rights Permit
ig
E Water Quality Certification - Sec. 401
Issued by
M Tribal Permit(s), (If any)
III
El Local Clearing and Grading
0
IC Nati. Historic Preservation Act - Section 106
IC Other Permits, including GMA (List):
151, (NPDES) Municipal Stormwater Discharge
Vi National Pollutant Discharge Elimination System
(NPDES) Baseline General for Construction
0 Stormwater Site Plan
Temp. Erosion Sediment Control Plan (TESC)
,vironmentatufassificaiidnw,,v:.,,,
NEPA
0 class 1 - Environvental Impact Statement (EIS)
Class 11 - Categorically Excluded (CE)
O Projects Not Requiring Documentation for FHWA
Approval (LAG 24.22(a))
Qi Projects Requiring Documentation Without
Further FHWA Approval (LAG 24.22(b))
O Projects Requiring Documentation and FHWA
Approval (Documented CE) (LAG 24.22(c))
0 Class IU - Environmental Assessment (EA)
0 Supplemental EIS (SE1S)
'' .. . .
SEPA
ER Categorically exempt per WAC 197-11-800
O Determination of Non -Significance (DNS)
O Environmental Impact Statement (EIS)
O Other Actions: 0 Adoption
0 Addendum
DOT Form 140-100 EF
1197
Page 1 of 4
riWonii en.
nsL:tiera tto
Will the project involve work in or affect any of the following? Identify proposed mitigation.
Attach additional pages or supplemental information of necessary.
1. Air Quality Identify any anticipated air quality issues.
Is the project included in Metropolitan Transportation Plan?
Is the project located in an Air Quality Non -Attainment Area (for carbon monoxide, ozone, or PM10)?
Is the project exempt from Air Quality conformity requirements? Yes k] No
I] Yes ❑ No
Yes ®No
2. Critical/Sensitive Areas Identify any known Critical or Sensitive Areas as designated by local
Growth Management Act ordinances.
a. Aquifer Recharge Area, Wellhead Protection Area, or Sole Source Aquifer.
N/A
b. Geologically Hazardous Area
N/A
c. Habitat. List known species:
(1) Threatened/Endangered Species or Priority Habitat or Species. Indicate state or federal listing.
N/A
(2) General fish and wildlife habitat
N/A
d. Wetlands. Estimate impacted categories and acreage:
(1) Are wetlands present? ❑ Yes [t No
(2) Estimated area impacted: N/A Acres
3. Cultural Resources/Historic Structures
N/A
Identify any historic or archaeological resources.
4. Flood Plains or Ways
Is the project located in a 100 -year flood plain?
If yes, is the project located in a 100 -year floodway?
Will the project impact a 100 -year flood plain?
❑ Yes ®No
❑ Yes fl No
Ell Yes ®No
DOT Form 140-100 EF
1/97
Page 2 of 4
:.h...i..
..; .,::.. ., .
o. t 1�:.o:risi:d`esti:oi,��;��Coriruecl;:.:'<:
viv..e ;
5.
Hazardous and Problem Waste Identify potential sources and type.
Is the project likely to involve site clean-up? (1 Yes ] No t
6.
Noise Identify potential sensitive receptors or previous mitigation commitments.CONS1'RUCTION NOISE
Project is located in a generally residential area. There is an elementary
school nearby, a retirement apartment facility along the south side of Englewood
Avenue across from the bridge site, and there is a church just west of the site.
The noise generated will be during the day time between 8:00 a m and 5.08 p m_
7.
Parks, Recreation Areas, Wildlife Refuges, Historic Properties, or Scenic Rivers/Byways,
4(f)/6(f) Lands. Identify.
N/A
8.
Resource Lands Identify areas of impact
a. Agricultural
N/A
b. Forest/Timber
N/A
c. Mineral
N/A
9.
Rivers, Streams (Continuous, Intermittent), or Tidal Waters
a. Identify by name, proximity to project and Washington Stream Catalog Number.
Fisheries WA Stream No. Ecology 305b Report No. N/A
b. Identify stream crossing structures by type.
N/A
DOT Form 140.100 EF
1/97
Page 3 of 4
Part 4- EnvironmentalConsiderations-Continued '''":"'" "'C'','v •,: v. ,: :
,
10. Tribal Lands Identify.
N/A
11. Visual Quality
Will the project impact roadside classification or visual aspects? DYes No
The project will remove a dangerous obsolete bridge. The roadway will be
enhanced both aesthetically and functionally.
12. Water Quality/Storm Water
Is the project likely to increase runoff or affect water quality?
Will the project include water quality/quantity treatment for the
Will the project include water quality/quantity treatment for existing
Has a NPDES municipal general permit been issued for this
After the bridge is =raved a nag section of tc\o
place. This roaciAay will have a 8' shoulder cn
will 1.-e directed -to roadside borrcw ditches.
E Yes X No
new pavement? Ea Yes No
pavement? 7 Yes IPA No
WRIA? Yes X No
lare p1\7ed roadAay will be ccnstructed in its
each side with L 12' -travel lanss. Drainage
13. Previous Environmental Commitments
Have provious environmental commitments been made in the project area? Yes INo
Identify
•
14. Long-Term Maintenance Commitments
Are long-term maintenance commitments necessary for this project? Q Yes 7 No
Identify
, Normal and routine roadway maintenance by the City of Yakima
Street Division.
Part 5' Approval Signature
Local 7..i.ro 'ng Authority Date
97
-e,
Regional TransAid Engineer Date
/ Asst. Secretary - TransAid
Federal Highway Administration Cate
Completed By <------
4./.1:-el .4. /ea s e_
Telephone S-7.5=-6 / 32 Fax 5?& - 6, 3O .s
DOT Form 140-100 EF
1/97
Page 4 of 4
MISCELLANEOUS SYSTEM REQUEST FOR PAYMENT
Agency: Yakima
129 North 2nd Street
Yakima, WA 98901
AGENCY BILLING IDENTIFICATION LA -3825
(For agency use only)
Federal Aid No.: P-STPH-TA96(237)
Section: Englewood Br. Removal
Agreement No: LA -3825
PROGRESS BILL NO: 01 DATE:
LAST VOUCHER PAID
FINAL PROGRESS BILL? PE YES / NO
RIGHT OF WAY YES / NO
CONSTRUCTION YES / NO
(000) (00) (0) (1) (2) (3) (4) (5) (6) (7)
Project Completion Status
PE
Right of Way
Construction
(8) (9)
* 1 Total - !Total 1 Total 1 Total 1 Total 1 Total 1 Fed. 1 Amount 1 Amount 1 Total 1 Amount I Remaining
TYPE OF WORK 1 Expenditures 'Expenditures 1 Expenditures 1 Eligible 1 Eligible 1 Eligible 1 % 1 Claimed This I Claimed 1 Claimed I Authorized 1 Federal
1 This Period 'Prior 1 To Date 1 This Period I Prior Period 1 To Date I 1 Period 'Prior Periods 1 •To Date I Per Agreement ' Funds
1 1 1 1 1 Col 1+ Col 2 1 Col 1* Col 4 1 1 Col 5+ Col 6 1 'Col 8- Col 7
+ + + + + + + +
P. E. TA -0717 1 I I I I I I I I I I
a. Agency Work 1 I $0.00 1 1 1 $0.00 ' 1 90.00%1 ' $000 ' ' $9,720.00
1 1 + + + + + +
b. 1 1 $0.00 1 1 I $0.00 1 I
1.
1 $0.00 1 1 $0.00
+ + + + ++ + + +
Total PE 1 1 $0.00 1 1 1 $0.00 I I 1 I$0.00 1 1 $9,720.00 1
***** ********* ** ***********,r*,r*******,r*+.*****,r*,r*****,r+,t,r***** **,r**,r,t**+***,r********* ***+*,t****,r* *******+**,r***********,r+* ***,r,t* ** *** ***+*,t* ** **+******,t****,t,t* *+****,r****** ***+,t***,r**** ** ***,t+**,t**,t,r********+*****,r****,r,r,t*
R.W.
e. Agency Work
f.
1
$0.00 1
$0.00 1
1 1 I 1 1 I
$0.00
+ + + + 4-
I
I I $0.00 I I 1 1
+ + + + + +
$0.00 1
$0.00 1
Total RW 1 1 $0.00 1 1 1 $0.00 1 I 1 1 $0.00 1 1
***************************************+**************+****************+****************+***************+***************+***************+*******+***************+**************+***************+***************+**************
CONSTRUCTION VIIIIIIIIIA 1 1 1 1 1 1 1 1 1 1 1
i. Contract 1 1 $0.00 I 1 1 $0.00 1 1 90.00%I 1 $0.00 1 1 $65,610.00
+ + + + + + + + + +
j I I $0.00 i I I $0.00 I I I 1 $0.00 1 1 $0.00
+ + + + + +
k. 1 1 $0.00 1 I I $0.00 I 1 1 I $0.00 1 1 $0.00
+ + + + + + + + + + +
1. I 1 $0.00 I 1 I $0.00 I I 1 1 $0.00 ' 1 $0.00
+ + + + + + + + +
Total Contract Work 1 1 $0.00 1 1 1 $0.00 1 1 1 1 $0.00 1 1 $65,610.00
n. Agency Construction Engin. 1 1 $0.00 1 ' 1 $0.00 1 1 90.00%1 1 $0.00 1 ' $6,390.00
+ + + + + + + + + +
o. 1 I $0.00 I I 1 $0.00 I 1 1 I $0.00 1 1 $0.00
+ + + + + + + + + + +
++++++++++++++
Total Const. Engineering 1 I $0.00 1 I 1 $0.00 1 1 1 1 $0.00 1 1 $6,390.00
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Total Construction 1 1 $0.00 1 I1 $0.00 1 1 1 $0.00 1 1 $72,000.00
***********************************************************************+**************** I *************** I *************** I *************** I ******* I *************** I ************** I *************** 1 *************** **************
TOTAL PROJECT 1 1 $0.00 11 1 1 1 1 $0.00 1 I I 1 $0.00 1 I $81,720.00
I certify that in accordance with the laws of the State of Washington and under the conditions of approval for the project identified above, actual costs claimed have been incurred and are eligible for the purposes
specified; also, that no other claims have been presented to or payments made by the State of Washington for those costs claimed herein for reimbursement.
ADMINISTRATION OVERHEAD IS NOT ELIGIBLE FOR FEDERAL -AID REIMBURSEMENT
_ Signee
Title Date Approved by Regional TransAid Engineer Date
(RTE Return Original and 1 copy to TransAid Service Center)
Return Original South Central Region TransAid, P.O. Box 12560, Yakima, WA 98909-2560
One Copy - Retain in your Files
Form PPC2 Revised 04/03/91
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of October 21, 1997
Englewood Avenue Bridge Removal
Dept. of Community and Economic Development,
Engineering Division
CONTACT PERSON/TELEPHONE: Fred French, City Engineer / 575-6096
SUMMARY EXPLANATION:
The attached letter from the Washington State Department of Transportation, dated December 8,1995,
approves $186,000 in Federal Safety Funds and requires $56,000 in local matching funds to remove the
narrow bridge over the powerhouse canal at Englewood Avenue. The project is currently budgeted for
1998.
The attached project prospectus and Local Agency Agreement are required to accept the funding and
continue the project.
Resolution XX Ordinance Agreement XX Other (Specify) Letter
Funding Source
Arterial Street, (142) (Budgeted in 1998)
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt the attached resolution authorizing the city
manager and city clerk to sign local agency agreement for the
removal of the Englewood Avenue Bridge.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. Resolution No. R-97-131
October 16, 1997