HomeMy WebLinkAboutR-1997-152 Electric Railroad PreservationRESOLUTION NO. R-97- 152
A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to
execute an agreement finalizing funding through Surface Transportation
Program Enhancement, STP(E), funds for Y.V.T. Electric Railroad
Preservation.
WHEREAS, the City of Yakima desires to preserve America's last remaining turn -of -
the -century interurban electric railroad; and
WHEREAS, the City of Yakima wishes to retain Y.V.T. Electric Railroad as an
operating museum; and
WHEREAS, the City of Yakima also wishes for this Railroad to be retained as it is on
the National Register of Historic Places: and
WHEREAS, the Y.I.L.A. Board has previously requested and been authorized by City
Council to spend matching monies from the Trolley Fund to preserve the railroad.
WHEREAS, the City Council has determined that it is in the best interest of the City to
pursue the funds available to preserve this Railroad, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to executethe
attached Federal Aid Prospectus and Local Agency Agreement.
ADOPTED BY THE CITY COUNCIL this 18th day of November , 1997.
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4'1X1,1 ` 2--s-sm®-;0/
John Puccinelli, Mayor Pro Tem
ATTEST:
YAKIMA VALLEY
CONFERENCE OF GOVERNMENTS
6 South 2nd Street, Suite 605
Yakima, Washington 98901
509-573-4372 • FAX 575-7749
509-574-1550 • FAX 574-1551
June 3, 1996
Glenn Valenzuela, Director
Department of Community and Economic Development
City of Yakima
129 North 2nd Street
Yakima, Washington 98901
RE: City of Yakima YVT Electric Railroad Preservation
Transportation Enhancement Application
Dear Mr. Valenzuela:
Please consider this letter formal notification of the fact that the City of Yakima's
Transportation Enhancement project involving completion of the YVT Electric Railroad
Preservation has been funded by the statewide Enhancement Advisory Committee.
A total. of $161,633 in FY97 Transportation Enhancement funds has been dedicated to your
project.
The City should soon receive a letter from the WSDOT TransAid office in Olympia detailing
the steps you need to follow to complete the Enhancement process.
If you have any questions concerning the Enhancement process, please call Len Pavelka
574-1550.
LDW:LP:jp
Sincerely,
Lon D. Wyrick
Executive Director
MEMBER JURISDICTIONS
Grandview • Granger • Harrah • Mabton • Moxee • Naches • Selah
Sunnyside • Tieton • Toppenish • Union Gap • Wapato • Yakima • Yakima County • ZiIlah
TITLE: COMPLETION OF HISTORIC YVT RAIL ROAn
APPLICANT: City of Yakima
PROJECT DESCRIPTION:
DRPCPI�VATKIN
z..V si i7i'9 i G1
Restore the main power substation of an operating interurban railroad which is
listed on the National Register of Historic Places.
Develop and enhance the building and surrounding grounds as an operating rail-
way museum.
Enhance the YVT railroad's community cultural, educational, and tourism appeal.
NEED:
- Preserve the last intact example of a turn -of -the -century electric interurban railroad.
- Enhance the quality of the railroad as an operating museum and tourist attraction.
- Provide proper protection for irreplaceable museum archives and artifacts.
REGIONAL%LOCAL SUPPORT:
- City of Yakima
- Yakima Interurban Lines Association
Yakima Valley Visitors & Convention Bureau
Washington State Historic Preservation Officer
Washington State Office of Archaeology & Historic Preservation
Washington Trust for Historic Preservation
COST:
Enhancement Funds: $161,633 75%
Local Agency Match: $54,726 25%
Total: $216,359 100%
4111111i..
*271 Washington State
Department of Transportation
Prefix
Route
Federal Aid
Project Number
STPE
1485
Local Agency
Project Number
1793
Agency
CITY OF YAKIMA
Local Agency Federal
Aid Project Prospectus
Date
Federal Employer
Tax ID Number
91-6001293
Federal Program Title
C] 20.204 IN 20.205 0 20.206 C] 20.209 D Other
Project Title
YVT ELECTRIC RAILROAD PRESERVATION
Project Termini From
N/A
To
N/A
From: To:
N/A
Length of Project
N/A
Award Type
II Local 0 Local Forces 0 State D Railroad
Federal Agency
FHWA 0 Others
Congressional District
City Number
1 485
County Number
39
County Name
Ya i ma
4
Legislative Districts
14
Urban Area Number
5
WSDOT Region
Ct
Rnvith Pnra
11 TMA / MPO / RTPO
YVCOG
P.E.
Fundrng
•
IFOOtOffl:.04..,#)
. • ... •.•,
''(Nearest D6flar)
...
•
...":
-Fgr.c0t1t-
• ,A
*tab,
20,729
2,798
17,931
86.5%
2/98
R/W
0
0
0
Const
185,562
25,051
160,511
86.5°
2/9R
Total
206,291
27,849
178,442
,0000-0C't
Roadway Width
ftto-
aci i
ii$titiglYesign4n45pi-ootitCoh ,
N/A
Number of Lanes
N/A
See Attached:
Description of Proposec
DINew Construction D 3-R [I] 2-R
Roadway Width
N/A
Number of Lanes
N /A
See Attached:
Local Agency Contact Person
Fred French, P.E.
Title
Mailina,Address
129 North 2nd Street
City Engineer09-7-096
City
Yakima
Phone
State
WA
Zip Code
98901
Design Approval
(CA Agencies Only)
By
Approving Authority
Title CITY ENGINEER Date 98
DOT Form 140-101 EF
Revised 1/97
Page 1 of 3
LOCAL AGENCY FEDERAL AID PROJECT PROSPECTUS (Cont.)
FEDERAL AID PROJECT NO. STPE-1485 (
LOCAL AGENCY PROJECT NO. 1793
CITY OF YAKIMA
DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition):
Yakima Valley Transportation Company is a 6 -mile electric railroad connecting
Yakima with Selah. The track, rolling stock, overhead wire system, and buildings
are all original and in an advanced state of deterioration. The 1910 vintage
substation building houses YVT power generating equipment as well as its
historical archives and museum displays. The YVT bridge crossing the Naches
River is essential to maintaining an "Interurban" connection to Selah.
DESCRIPTION OF PROPOSED WORK:
Restoration of substation building, including new roof, repair walls and windows,
provide heating and air conditioning, and build a public restroom. Also, pave the
parking lot, provide fencing, sidewalks, landscaping, and security lighting.
Correct pier scour problem identified in latest WSDOT bridge report.
Agency
CITY OF YAKIMA
Project Title
YVT ELECTRIC RAILROAD PRESE
Date
RVATION
Oen
Year
Property
Damage
Accidents
Injury Accidents
Number of
Accidents
Fatal Accidents
Number of
Injuries
Number of
Accidents
Number of
Fatalities
Total Number
of Accidents
N /A
`otal Ni0.ripotO bei
tab'Ieto''L
"enfs-Aftr.b`u.
. Wt
Preliminary Engineering Will Be Performed By
CITY OF YAKIMA
Others
0/0
Agency
100 %
Construction Will Be Performed By
Contract
Contract
100
Agency
ra`eaitai
assfcatort-:
® Final ❑ Preliminary
❑ Class I - Environmental Impact Statement (EIS)
D Project Involves NEPA/SEPA Section 404
Interagency Agreement
D Class III - Environmental Assessment (EA)
❑ Project Involves NEPA/SEPA Section 404
Interagency Agreement
® Class II - Categorically Excluded (CE)
® Projects Not Requiring Documentation for FHWA
Approval (23CFR 771.117(c))
❑ Projects Requiring Documentation Without
Further FHWA Approval (FHWANVSDOT MOU
dated 2/90)
❑ Projects that Require Documentation and FHWA
Approval (Documented CE)
Environmental Considerations
DOT Form 140-101 EF
Revised 1/97
Page 2 of 3
Description
Through Route
Crossroad
Federal
Functional
Classification■
_ MIPrincipal Arterial
_Urban • Minor Arterial
■ Collector
II Principal Arterial
_
Urban • Minor Arterial
• Collector
Major Collector
n Rural • Minor Collector
■ Access Street/Road
• Major Collector
ri Rural • Minor Collector
• Access Street/Road
Terrain
■ Flat ■ Roll E Mountain
• Flat ■ Roll ■ Mountain
Posted Speed
Design Speed
Existing ADT
Design Year ADT
N/A
N/A
Design Year
Design Hourly Volume (DHV)
Oen
Year
Property
Damage
Accidents
Injury Accidents
Number of
Accidents
Fatal Accidents
Number of
Injuries
Number of
Accidents
Number of
Fatalities
Total Number
of Accidents
N /A
`otal Ni0.ripotO bei
tab'Ieto''L
"enfs-Aftr.b`u.
. Wt
Preliminary Engineering Will Be Performed By
CITY OF YAKIMA
Others
0/0
Agency
100 %
Construction Will Be Performed By
Contract
Contract
100
Agency
ra`eaitai
assfcatort-:
® Final ❑ Preliminary
❑ Class I - Environmental Impact Statement (EIS)
D Project Involves NEPA/SEPA Section 404
Interagency Agreement
D Class III - Environmental Assessment (EA)
❑ Project Involves NEPA/SEPA Section 404
Interagency Agreement
® Class II - Categorically Excluded (CE)
® Projects Not Requiring Documentation for FHWA
Approval (23CFR 771.117(c))
❑ Projects Requiring Documentation Without
Further FHWA Approval (FHWANVSDOT MOU
dated 2/90)
❑ Projects that Require Documentation and FHWA
Approval (Documented CE)
Environmental Considerations
DOT Form 140-101 EF
Revised 1/97
Page 2 of 3
Agency
CITY OF YAKIMA
Project Tine
YVT ELECTRIC RAILROAD PRESERVAT
Date
1ON
j] No Right of Way Required
*All construction required by the
contract can be accomplished
within the existing right of way.
❑ Right of Way Required
❑ No Relocation ❑ Relocation Required
Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project
NONE
FAA involvement
Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ❑ Yes ❑ No
Remarks
NONE
This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee,
and is not inconsistent with the agency's comprehensive plan for community development.
Date
DOT Form 140-101 EF
Revised 1/97
CITY OF YAKIMA
ATTEST:
Richard A. Zais,- City Manager
f
Page 3 of 3
City Clerk
CITY CONTRACT N0:
RE:44.0110N 140:
% Washington State
�Department of Transportation
Agency CITY OF YAKIMA
Local Agency Agreement
Address129 North 2nd Street
Yakima, Washington 98901
Project No. �� _ ( 4B (coq)
391 1
Agreement No. __._._..___—________ __ ....._—.
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
YVT ELECTRIC RAILROAD PRESERVATION N/A
Name Length
Termini N/A
Description of Work
Restoration of substation building, including new roof, repair
walls and windows, provide heating and air conditioning, and
build a public restroom. Also, pave the parking lot, provide
fencing, sidewalks, landscaping, and security lighting. Correct
pier scour problem identified in latest WSDOT bridge report.
Type of Work
Estimate of Funding
(1)
EstimatedTotal
ProjectFunds
(2)
Estimated
AgencyFunds
(3)
Estimated
Federal Funds
PE a. Agency work
b. Other Preliminary Study
20,229
29 500
500
2,731
29,500
6 7
,...........1„7...,.4.9..8
0
433
c. State services
d. Total PE cost estimate (a+b+c)
50,229
32,298
17,93 1
Right of Way e. Agency work
f. Other
g. State services
h. Total R/W cost estimate (e+f+g)
Construction i. Contract
j. Other
1 6 1, 949
161,949
21,863
21,863
140,086
140,086
k. Other
1. Other
m. Total contract costs (i+j+k+i)
ConstructionEngineering
n. Agency
o. Other
23,113 1 1 3
500
3 1 2 0
r
6 8
1 9 9 9 3
t
432
p. State forces
q. Total construction engineering (n+o+p)
r. Total construction cost Estimate (m+q)
23,613
3,188
20,425
185,562
25,051
160,511
s. Total cost estimate of the project (d+h+r)
235,791
57,349
178,442
*Federal participation in construction engineering (q) is limited to 15 percent of the total contract costs (line m, column3).
The federal aid participation rate in this project will be determined by the Federal Government. The parties expect that it will be 86.5
percent; however, it is understood that the rate may vary. The Local Agency agrees that this agreement is entered into without relying upon any
representation by the state made outside of this contract, or contained herein, as to what the federal participation rate will be. It further agrees
that it will not condition any future actions with respect to the project covered by this agreement upon past, current, or future representations as
to the federal participation rate. The dollar amount of federal participation cannot exceed the amount shown in line s, column 3. All costs not
reimbursed by the Federal Government shall be the responsibility of the Local Agency.
DOT Form 140-039
Revised 8/95
Construction Method of Financing
(check method selected)
State Ad and Award
0 Method A — Advance Payment — Agency share of total construction cost (based on contract award)
0 Method B — 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 or Local Ad and Award
J 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
,19 97 ,Resolution/Ordinance-Nu.`- R-97No. 97-114
on November 18th
December 16th, 19'.Y�;";e "-solution R-97-156
A enc Official = ^+ Washington State Department of Transport �t'pi n
g y
By
r�o
Richard A. Zai
ATTEST:
Provisions City Clerk
1. Scope of Work Ut h
The Agency shall provide all ie twiT;or�ic,`iabor, terials,
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.
11. Delegations of Authority
The State is willing to fulfill the responsibilities to the Federal
Government by the administration of this project. The Agency agrees
that the State shall have the full authority to carry out this
administration. The State shall review, process, and approve
documents required for federal aid reimbursement in accordance with
federal requirements. If the State advertises and awards the contract,
the State will further act for the Agency in all matters concerning the
project as requested by the Agency. If the Local Agency advertises and
awards the project, the State shall review the work to ensure
conformity with the approved plans and specifications.
111. 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.
CITY CONTRACT too:
r «
auager
l
.
U2
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 Transportation. The records
shall be open to inspection by the State and Federal Government at all
reasonable times and shall be retained and made available for such
inspection for a period of not less than three years from the final
DOT Form 140.039
Revised 8/95
2
By
Assistant Secretary or ransAid
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 Provasiosa$
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.
V1. Payment and Partial Reimbursement
The total cost of the project, including all review and
engineering costs and other expenses of the State, is to be paid by the
Agency and by the Federal Government. Federal funding shall be in
accord with the Intermodal Surface Transportation Efficiency Act
1991, Title 23, United States Code, as amended, and Office of
Management and Budget circulars A-102 and A-128. The State shall
not be ultimately responsible for any of the costs of the project. The
Agency shall be ultimately responsible for all costs associated with the
project which are not reimbursed by the Federal Government.
Nothing in this agreement shall be construed as a promise by the State
as to the amount or nature of federal participation in this project.
1. Preliminary Engineering,Right of Way Acquisition, and
Audit Costs
The Agency will pay for Agency incurred costs on the project.
Following such payments, vouchers shall be submitted to the State in
the format prescribed by the State, in quadruplicate, not more than
one per month. The State will reimburse the Agency up to the
amount shown on the face of this agreement for those costs eligible for
federal participation to the extent that such costs are directly attribut-
able and properly allocable to this project. Expenditures by the Local
Agency for the establishment, maintenance, general administration,
supervision, and other overhead shall not be eligible for federal
participation.
The State will pay for State incurred costs on the project.
Following payment, the State shall bill the Federal Government for
reimbursement of those costs eligible for federal participation to the
extent that such costs are attributable and properly allocable to this
project. The State shall bill the Agency for that portion of State costs
which were not reimbursed by the Federal Government (see
Section VIII).
2. ProjectConstruction Costs
Project construction financing will be accomplished by one
of the three methods as indicated in this agreement.
Method A — The Agency will place with the State, within (20)
days after the execution of the construction contract, an advance in the
amount of the Agency's share of the total construction cost based on
the contract award. The State will notify the Agency of the exact
amount to be deposited with the State. The State will pay all costs
incurred under the contract upon presentation of progress billings
from the contractor. Following such payments, the State will submit a
billing to the Federal Government for the federal aid participation
share of the cost. When the project is substantially completed and final
actual costs of the project can be determined, the State will present the
Agency with a final billing showing the amount due the State or the
amount due the Agency. This billing will be cleared by either a
payment from the Agency to the State or by a refund from the State to
the Agency
Method B — The Agency's share of the total construction cost as
shown on the face of this agreement shall be withheld from its monthly
fuel tax allotments. The face of this agreement establishes the months
in which the withholding shall take place and the exact amount to be
withheld each month. The extent of withholding will be confirmed by
letter from the State at the time of contract award. Upon receipt of
progress billings from the contractor, the State will submit such
billings to the Federal Government for payment of its participating
portion of such billings.
Method C — The Agency may submit vouchers to the State in the
format prescribed by the State, in quadruplicate, not more than once
per month for those costs eligible for Federal participation to the extent
that such costs are directly attributable and properly allocable to this
project. Expenditures by the Local Agency for the establishment,
maintenance, general administration, supervision, and other overhead
shall not be eligible for Federal participation.
The State shall reimburse the Agency for the Federal share of
eligible project costs up to the amount shown on the face of this
agreement. At the time of audit, the Agency will provide
documentation of all costs incurred on the project.
The State shall bill the Agency for all costs incurred by the State
relative to the project. The State shall also bill the Agency for the
federal funds paid by the State to the Agency for project costs which
are subsequently determined to be ineligible for federal participation
(see Section VIII).
VII. Audit of Federal Aid Project
The Agency, if services of a consultant are required, shall be
responsible for audit of the consultant's records to determine eligible
federal aid costs on the project. The report of said audit shall be in the
Agency's files and made available to the State and the Federal
Government.
An audit shall be conducted by the WSDOT Internal Audit
Office in accordance with generally accepted governmental auditing
standards as issued by the United States General Accounting Office by
the Comptroller General of the United States; WSDOT Directive
D27-50, Consultant Authorization, Selection, and Agreement
Administration, memoranda of understanding between WSDOT and
FHWA; and Office of Management and Budget Circular A-128.
If upon audit it is found that overpayment or participation of
federal money in ineligible items of cost has occurred, the Agency shall
reimburse the State for the amount of such overpayment or excess
participation (see Section VIII).
VIII. Payment of Billing
The Agency agrees that if payment or arrangement for payment
of any of the State's billing relative to the project (e.g., State force work,
project cancellation, overpayment, cost ineligible for federal
DOT Form 140-039
Revised 8/95
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 Motor 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,
suspended in whole or in part and the contractor may be declared
ineligible for further government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
y be imposed andref:lee:lies invoked prosided i., Executive Order
11246 of September 24,1.965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(g) The contractor will include the provisions of this Section 11-2
in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor.
The contractor will take such action with respect to any subcontract or
purchase order as the Agency, Washington State Department of
Transportation, or Federal Highway Adrninistration may direct as a
means of enforcing such provisions including sanctions for
noncornpliancie Provided, however, that in the event a contractor
becomes involved in, or is threatened with, litigation with a
subl:oli t,it illi, iiia may request the United States to enter irl10 such
litigation to protect the interests of the United States.
The Agency further agrees that it will be bound by the above '
equal opportunity clause with respect to its own employment practices
when it participates in federally assisted construction work: Provided,
that if the applicant so participating is a State or Local Government, the
above equal opportunity clause is not applicable to any agency,
instrumentality, or subdivision of such government which does not
participate in work on or under the contract.
The Agency also agrees:
(1) To assist and cooperate actively with the State in obtaining
the compliance of contractors and subcontractors with the equal
opportunity clause and rules, regulations, and relevant orders of the
Secretary of Labor
(2) To furnish the State such information as it may require for the
supervision of such compliance and that it will otherwise assist the
State in the discharge of its primary responsibility for securing
compliance.
(3) To refrain from entering into any contract or contract
modification subject to Executive Order, 11246 of September 24, 1965,
with a contractor debarred from, or who has not demonstrated
eligibility for, government contracts and federally assisted construction
contracts pursuant to the Executive Order
(4) To carry out such sanctions and penalties for violation of the
equal opportunity clause as may be imposed upon contractors and
subcontractors by the State, Federal Highway Administration, or the
Secretary of Labor pursuant to Part fl; subpart D of the Executive
Order
In addition, the Agency agrees that if it tails 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.
X99. Liquidated Damages
The Agency hereby agrees that the liquidated damages
provisions of 23 CFR Part 630, Subpart 305, as supplemented, relative
Acgallonal Pro
DOT Form 140-039
Revised 8/95
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
XIIL Termination inationa for Public Convenience
The Secretary of the Washington State Department of
Transportation may terminate the contract in whole, or from time to
limP in part, whenever'
(I) 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.
X V, VOMIS foff Claims and/or Causes of Action
For the convenience of the parties to this contract, it is agreed
that any claims and/or causes of action which the Local Agency has
against the State of Washington, growing out of this contract or the
project with which it is concerned, shall be brought only in the
Superior Court for Thurston County
XV., Certification Regarding the Restrictions of the Use
of Federal Fssrids 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
.,g
grants, subgrants, loans, and cooperative agreements) which exceed
$100,000, and that all such subrecipients 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.
clarion
V7:1
Washington State
V// Department of Transportation
Sid Morrison
Secretary of Transportation
April 2, 1998
CITY OF YAKIMA
129 N 2ND ST
YAKIMA WA 98901-2632
Subject: Agreement No.: LA -3911
Project Title: YVT Electric Railroad Preservation
Location/Information: LA -3911
Work Order: TA -0811
Transportation Building
P 0 Box 47300
Olympia, WA 98504-7300
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.
FRG
APR 06 1q9=
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,
-.::)-,.Q---C.I.C1:1----)"--k._.--,--ee
Lee Crump
Billings/Receivables Manager
cc: Bill Linse, Region TransAid Engineer
Linda Raber, Region Accountant
Agreement File LA -3911
Washington State
�, Department of Transportation
Sid Morrison
Secretary of Transportation
Mr. Fred French
City Engineer
City of Yakima
129 N 2nd St.
Yakima, WA 98901-2632
Dear Mr. French:
Transportation Building
P 0 Box 47300
Olympia, WA 98504-7300
April 3, 1998
City of Yakima
YVT Electric R/R Preservation
STPE-1485(009)
FUND AUTHORIZATION
We have received FHWA fund authorization, effective March 31, 1998, for this
project as follows:
PHASE TOTAL FEDERAL SHARE
Preliminary Engineering $20,729 $17,931
Construction $185,562 $160,511
Enclosed for your information and file is a fully executed copy of Local Agency
Agreement LA -3911 between the state and your agency.
Please refer to the Minimum Standards for Design and Construction of Transportation
Enhancement Projects. The FHWA has approved the administration of enhancement
projects utilizing state codes and laws in lieu of federal project development
requirements.
WTG:cls
DLK
Enclosure
cc: Bill Linse, South Central Region
Sincerely,
(14,At4
WAYNE T. GRUEN, P
Deputy Assistant Secretary
TransAid
77,
Apr', 06 19v,
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of 11/18/97
ITEM TITLE: Resolution authorizing execution of agreements for STP(E) funding
for Y.V.T. Electric Railroad Preservation.
SUBMITTED BY: Dept. of Community and Economic Development
CONTACT PERSON/TELEPHONE: Glenn Valenzuela / 575-6227
SUMMARY EXPLANATION:
Background:
The City applied for and received approval of $161,633 in Surface Transportation Program
Enhancement, STP(E), funds for restoration of the YVT Substation building including new
roof, repair of walls and windows, providing heating, air conditioning and a public restroom.
Also to pave the parking lot, provide fencing, sidewalks, landscaping and security lighting.
The City's match amount is $54,726. Of this amount, $29,500 has already been expended in
conjunction with other recent YVT Restoration and Preservation projects, but is allowed as a
demonstration of the financial commitment in this program.
The attached Resolution is authorization for the City Manager to enter into agreement with
funding authorities to accept funding and to commit matching funds.
Resolution X Ordinance Contract Other (Specify): Formal notification of funding
Funding Source: Trolley Fund
APPROVED FOR SUBMITTAL:.
amity Manager
STAFF RECOMMENDATION:
Pass attached Resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-97-152
� Washington State
Department of Transportation
Sad Morrison
Secretary of Transportation
Mr. Fred French
City Engineer
129 N 2nd St.
Yakima, WA 98901-2632
Dear Mr. French:
Transportation Building
P 0 Box 47300
Olympia, WA 98504-7300
October 2, 1998
City of Yakima
YVT Railroad Preservation
STPE-1485(009)
Enclosed for your information and file is a copy of Supplement Number 1 to Local
Agency Agreement LA -3911 for the subject project between the state and your local
agency.
This supplement transfers funds within the CN phase per your request.
Sincerely,
KATHLEEN B. DAVIS
Funds Management Director
TransAid
KBD:bj
DLK
Enclosure
cc: Roger Arms, South Central Region
R ;C V
A11111..
� Washington State
�!/ Department of Transportation
Local Agency Agreement Supplement
Supplement Number 1
Agency
CITY OF YAKIMA
;Federal Aid ProjectNumber
STPE-1485 (009)
Date
08-27-98
Agreement Number
LA 3911
The Local Agency of CITY OF YAKIMA
and executed on 03-20-98
effect except as expressly modified by this su
The changes to the agreement are described
Project Description
Name YVT ELECTRIC RAILROAD
desires to supplement the agreement entered into
as identified above. All provisions in the basic agreement remain in
pplement.
as follows:
PRESERVATION
Termini N/A
Length
N/A
Description of Work
Restoration of substation building, including new roof, repair walls and windows, provide heating and air-conditioning, and
build a public restroom. Also, pave the parking lot, provide fencing,"sidewalks, landscaping, and security lighting. Correct
pier scour problem identified in latest WSDOT bridge report.
Reason for Supplement
Change a portion of "construction under contract" to work done by "agency forces'. Agency forces will complete the bridge
pier scour correction.
Type of Work
Estimate of Funding. •
(1)
Previous
AgreementlSuppl.
A(3)
Supplement
Estimated Total
Project Funds
(4)
Estimated Agency!I
Funds.
(D)
Estimated
Federal Funds
Pt a. Agency Work
20.,22-9
20,229
2,731 1
17,498
b. Other .
29,500
29,500
29,500 +
0
c. State Services
500
500
67
433 •
d. Total PECost Estimate (a-�b+c)
50,229
50,229
32,298 j
17,931
Right of Way
e. Agency Work
•0
t. Other
0
g. State Services -
0
•
h. Total R/W Cost Estimate (e+f+g)
0 j
Construction
I. Contract
161,949
(20,000)
141., 949
19,163
122,786
J. otherAgency Work
0
20,000
20,000
2,700 j
17,300
k. Other
0
I. Other
0
m. Total Cantract Costs (i+j+k+I)
161,949
161,94?)
21,86-3
740,086
Construction Eng,neenng
n. Agency Work
23,113
23,113
3,120
19,993
o. Other
0
0
0
0
p, tate orces
500
500
68
432
q. Total Construction Engineering (n+o+p)
-Construction
23,613 1
23,613
3,188 *
20,425
r. Total Cost Estimate (m+q) 1
185,562
185,562
25,051 1
160,511
s. Total Project Cost Estimate (d+h+r)
235,791 0 235,791
57,349 .
178,442
*Federal participation in Constrcution Engineering (line q)1s:limited to 1-5% of the Total Contract Costs (line m, column 5).
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.
AGENCY OF ICI L ti, WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
By
Lrlcat Agency
Title RICHARD A. ZAIS, CI
DOT Form 140-041 EF Date:
Revised 10197
By
Date
Assistant ecce - or�rli31 Z) 7/
i
UP 3 0 1998
Date Exeated