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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. <-7,---r/)XX ._-� 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