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HomeMy WebLinkAboutR-2006-064 Washington State Department of Transportation Enhancement Grants & Agreements (re: William O. Douglas Heritage Trail &RESOLUTION NO. R-2006-64 A RESOLUTION accepting two transportation enhancement grants from the Washington State Department of Transportation (for the William O. Douglas Heritage Trail and for Yakima Valley Transportation Company preservation) and authorizing and directing the City Manager to execute agreements with the Washington State Department of Transportation regarding acceptance and utilization of those grants. WHEREAS, the Washington State Department of Transportation (WSDOT) has awarded the City of Yakima two transportation enhancement grants in support . of the William O. Douglas Heritage Trail and for restoration of the historic Yakima Valley Transportation trolley barn and Naches River trolley bridge; and WHEREAS, WSDOT requires that successful applicants for its grants execute a Local Agency Agreement and a Local Agency Federal Aid Project Prospectus concerning acceptance and utilization of grant funds; and WHEREAS, the City deems these agreements and receipt of the grants to be in the best interest of the City of Yakima, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City of Yakima hereby accepts two transportation enhancement grants awarded by the Washington State Department of Transportation for the William O. Douglas Heritage Trail and for preservation of the historic Yakima Valley Transportation trolley barn and Naches River trolley bridge. With respect to each grant, the City Manager is hereby authorized and directed to execute a Local Agency Agreement and a Local Agency Federal Aid Project Prospectus, in substantially the same form as the attached and incorporated documents, and to take all necessary and prudent actions to accomplish the purposes of these transportation enhancement grants. ADOPTED BY THE CITY COUNCIL this 18th day of April, 2006. ATTEST: Karen S. Roberts, City Clerk David Edler, Mayor KtUEIVED MAR 2 9 2006 Washington State CITY LEGAL DEPT. Department of Transportation Douglas B. MacDonald Secretary of Transportation March 8, 2006 Mr. K. Wendell Adams, P.E. City Engineer City of Yakima 129 North Second Street Yakima, WA 98901-2637 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY. 1-800-833-6388 www wsdot.wa.gov Re: Transportation Enhancement Program Dear Mr. Adams: We are pleased to advise you that the Secretary of Transportation has approved the following project for funding through the Federal Transportation Enhancement Program: Heritage Trails, William 0. Douglas, Cowlitz & Upper Nisqually Trails $449,890 Federal -aid funding for this project will be limited to the above amount. The federal share is 100 percent and requires no matching funds. To obligate funding for this project, submit your agreement/prospectus and any other items to your Regional Local Programs Engineer. Projects utilizing federal funds must be included in your current Transportation Improvement Program (TIP). Unless significant environmental issues are evident, the project will be included in the statewide enhancement bucket in the STIP and an amendment will not be necessary. Project expenditures are not eligible for reimbursement until after we provide notice that funds are obligated. Please be reminded that one of the selection criteria was to be able to obligate this project by March 1, 2007. We urge you to proceed in obligating funds for this project at the earliest possible date. This program does require quarterly progress reports. These reports must be submitted until your project is complete and the agreement closed. The reports are due by the end of the following months: February, May, August, and November. Please submit your completed report form by email to Stephanie Tax at taxs@wsdot.wa.gov. Should you have any questions on how to pursue this project, please contact Roger Arms, your Regional Local Programs Engineer at (509) 577-1780. Sincerely, C Kathleen B. Davis Director Highways & Local Programs cc: Roger Arms, South Central Region Local Programs Engineer Page Scott, Yakima Valley Conference of Governments RtUtIVE0 MAR 2 9 MG Washington State CITY LEGAL DEPT Department of Transportation Douglas B. MacDonald Secretary of Transportation March 8, 2006 Mr. K. Wendell Adams, P.E. City Engineer City of Yakima 129 N. Second Street Yakima, WA 98901-2637 Transportation Building 310 Maple Park Avenue S.E. P O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY 1-800-833-6388 www.wsdot.wa.gov Re: Transportation Enhancement Program Dear Mr. Adams: We are pleased to advise you that the Secretary of Transportation has approved the following project for funding through the Federal Transportation Enhancement Program: Yakima Valley Transportation Company Preservation $495,592 Federal -aid funding for this project will be limited to the above amount. The federal share is 100 percent and requires no matching funds. To obligate funding for this project, submit your agreement/prospectus and any other items to your Regional Local Programs Engineer. Projects utilizing federal funds must be included in your current Transportation Improvement Program (TIP). Unless significant environmental issues are evident, the project will be included in the statewide enhancement bucket in the STIP and an amendment will not be necessary. Project expenditures are not eligible for reimbursement until after we provide notice that funds are obligated. Please be reminded that one of the selection criteria was to be able to obligate this project by March 1, 2007. We urge you to proceed in obligating funds for this project at the earliest possible date. This program does require quarterly progress reports. These reports must be submitted until your project is complete and the agreement closed. The reports are due by the end of the following months: February, May, August, and November. Please submit your completed report form by email to Stephanie Tax at taxs@wsdot.wa.gov. Should you have any questions on how to pursue this project, please contact Roger Arms, your Regional Local Programs Engineer at (509) 577-1780. S'ncerely, 21--;_.01;1 Kathleen . Davis Director Highways & Local Programs cc: Roger Arms, South Central Region Local Programs Engineer Page Scott, Yakima Valley Conference of Governments BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /0 For Meeting Of: September 16, 2003 ITEM TITLE: Consideration of a resolution authorizing execution of option to purchase trolley barn from Central Washington Comprehensive Mental Health Jr SUBMITTED BY: I William Cook, Director of Community and Economic Development CONTACT: William Cook, 575-6113 SUMMARY EXPLANATION: In November 1985, the Union Pacific Railroad donated the Yakima Interurban Electnc Railway system to the City of Yakima, comprised of miles of track, overhead electric wire, historic rolling stock and numerous items of equipment. However, the Trolley Car Barn was retained by Union Pacific and leased to Yakima Interurban Lines Association. In the early 1990's, Central Washington Comprehensive Mental Health bought the Trolley Car Barn from Union Pacific to save this historic property. In 2001, the City leased this property from Central Washington Comprehensive Mental Health to house our historic electric railroad system. The Yakima Valley Trolley is the last intact and continuously operating interurban trolley system in the United States. In addition the property has received the following significant designations: • Washington State Register of Historic Places • American Public Works Association's National Historic Public Works Award for 1990 • Designated one of the Ten Most Endangered Historic Sites in the state by the Washington Trust for Historic Preservation • Washington State Historic Preservation Officer's Histonc Site of the Year Award for 1992 By this resolution the City of Yakima will secure a 5 -year purchase option for the land and buildings currently owned by Central Washington Comprehensive Mental Health. The cost of Continued on the next page: Resolution X Ordinance Contract Other: Funding Source: Approval for Submittal: �� J City Manager STAFF RECOMMENDATION: Staff recommends approval BOARD RECOMMENDATION: . COUNCIL ACTION: the option is a one time $500 with an established sale price of $205,000 if the City exercises the option within the next five years. Funding to exercise this option and secure this property has not yet been identified, however, the opportunity to apply for and secure state or federal grants to acquire and renovate this property is significantly improved by our ability to show control of the property in the form of a purchase option. It is understood that approval of this option today is just the beginning of a significant community effort to bring this important historical site under public ownership and protection, and to restore the trolley barn and museum to its original working condition. Approval of this resolution will begin an effort that will hopefully reward our community many times over. The potential economic development impact this restored tourism, and historical preservation attraction will bring to our community is significant. RESOLUTION NO. R-2003- 12 4 A RESOLUTION authorizing the City Manager to execute a Memorandum of Understanding with Central Washington Comprehensive Mental Health regarding the trolley barn property. WHEREAS, the Yakima Electric Railway system is historically unique because it is the only continuously operated interurban electric railroad system in the United States, and WHEREAS, the trolley barn property has been leased by the City and is an integral part of the operation of its historic Electric Railway system, and WHEREAS, the trolley barn property is owned by Central Washington Comprehensive Mental Health, and WHEREAS, Comprehensive Mental Health desires to develop property that it owns adjacent to the trolley barn property, and WHEREAS, the City wishes to retain long-term use of the trolley barn and Electric Railway system through purchase of the property, and WHEREAS, the City Council of the City of Yakima deems it to be in the best interests of the City of Yakima that the City ultimately purchase the trolley barn property to preserve the efficient operation of its historical trolley system, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute with Central Washington Community Mental Health a Memorandum of Understanding, in substantially the same form as attached, preserving its long-term use of the trolley barn as an integral part of the historic Electric Railway system. ADOPTED BY THE CITY COUNCIL this /i2 day of September, 2003. S/ MARY PLACE Mary Place, Mayor ATTEST: Is/ KAREN S. ROBERTS, CMC City Clerk C:\Documents and Settings\kroberts\Local Settings\Temporary Internet Files\OLK2\Trolley Barn resolution re purchase and sale agreement.doc FFY 2004-2006 Yakima Valley RTPO Transportation Enhancement Funding Project Application Form This application is available at the YVCOG website www. yvcoq.orq part 1. Project Summary Project Title: Yakima Valley Transportation Company Preservation Project Project Description: The project scope of work includes: 1) acquisition of the historic Yakima Valley Transportation Company Trolley Repair Barn and Substation; 2) masonry work on the Trolley Repair Barn; 3) installation of fire alarms and security system for the two buildings; and 4) restoration of segments of the six -mile trolley line and overhead wire system. Project Location: (attach 8x10 vicinity map) Southwest corner of Pine Street and 3rd Avenue near downtown Yakima, up 6th Avenue, across the Naches River Bridge and north to the city of Selah. Contact Name/Title: Bill Cook, Director, Community and Economic Development Dept Applicant Agency: City of Yakima Phone Number: (509) 575-6113 Email Address: bcook@ci.yakima.wa.us ATTACHMENTS (check items (CA) or photos attached) sponsor form [Required if Applicant is not a CA agency] ►� Vicinity Map (8.5"x11") [Required] ❑ Certification Acceptance ►/ Cross-section, drawing [optional] ►/ Letters of support [optional] Type of Project or Program: (Check all that apply) ►1 Provision of facilities for pedestrians and bicycles ❑ Provision of safety and educational activities for pedestrians and bicyclists ® Acquisition of scenic easements and scenic or historic sites [1 Scenic or historic highway programs (including the provision of tourist and welcome center facilities) ❑ Landscaping and other scenic beautification ►1 Historic preservation ' Rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals) ❑ Preservation of abandoned railway corridors, including the conversion and use thereof for pedestrian or bicycle trails [1 Control and removal of outdoor advertising [l Archaeological planning and research [1 Environmental mitigation to address water pollution due to highway runoff or reduce vehicle -caused wildlife mortality while maintaining habitat connectivity Il Establishment of transportation museums 1 2 Part 2. Project Costs and Funding Project Financial Summary Total Project Cost: I $495,592 Note: There is no funding match required. Projects may request 100% Enhancement grant funding. Total Enhancement Grant Request: $495,592 Project Cost by Element (In whole dollars, below): Project Phase (e.g. planning, preliminary engineering/design, property acquisition, construction, program implementation) Estimated date (month/year) Enhancement funds requested Non -Enhancement commitments (if any) Property acquisition 04/01/2006 $ 205,000 $ Construction docs/ project management 08/01/2006 $ 16,000 $ Masonry repairs 06/01/2007 $ 60,000 $ Fire devices/security system 05/01/2006 $ 10,000 $ Track engineering/ design/ project management 06/01/2006 $ 18,600 Track repair/ lighting/ construction (phase 1) 08/01/2006 $ 186,292 Total Project Cost (Sum of all costs identified above):1$ 495,592 Non -Enhancement commitments (if applicable — please include funding commitment letters as attachments) Is any of this in-kind contribution? Local Commitment From Project Applicant $ ❑ Yes❑ No From Project Partner(s) $ ❑ Yes 1 n No Total Non -Enhancement funding $ 2 PART 3. Project Narrative Please address each of the following Regional Enhancement Prioritization Criteria with a brief narrative response. 1. Describe how the project supports the intent of the federal TEA 21 Enhancement Program. This project combines several aspects that will significantly add to the historic transportation experience and alternative transportation choices available in Yakima. The historic Trolley Repair Barn (1910) and Substation (1911) serve as the key operational components of a historic electric railway. The buildings, along with the trolley line, overhead wire system, trolley signals, and the Naches River Bridge (ca. 1895) make up the rare linear Yakima Valley Transportation Company (YVTC) National Register Historic District. The YVTC is the only ca. 1910, continuously operating interurban electric railroad in the United States. The City of Yakima is taking a proactive approach to preserving the Trolley Repair Barn and Substation by obtaining a purchase option for the properties at 3rd Avenue and Pine Street and by making needed repairs to stabilize the Trolley Repair Barn. The Substation is in good condition. The City has a purchase option on the properties that expires on October 1, 2006. Having a right to purchase at an established purchase price ($205,000) presents an excellent opportunity for the City to proceed with its plans. The City already owns the trolley track system and associated rights-of-way. Long-term plans for the Trolley Repair Barn include rehabilitation. The City has identified masonry repairs as an early priority as the stone and brick walls are cracked and deteriorated. The Yakima Electric Railway Museum is currently housed in the building. The proposed installation of fire and smoke alarm devices in both buildings and a security system in the Substation are necessary for the safety of the properties. The Trolley Repair Barn has a security system. An assessment of the condition of the two buildings was conducted in 1994. The report documented the conditions, made recommendations for treatment, and provided cost estimates. The City of Yakima uses the report as its guiding document for the phased rehabilitation of the buildings. Previously received ISTEA funds were used to install a new roof on the Trolley Repair Barn. The acquisition and improvement of the Trolley Repair Barn and Substation will place these properties in public ownership and help enable the system to remain operational into the foreseeable future. Failure to act now on the purchase of these buildings may result in their Toss forever. Loss of these two buildings would remove the key components that allow the system to be operational. The electric railway system has retained its historic character over the years but is in need of restoration so that it can continue to operate on a regular and permanent basis, providing a valuable transportation and historic link between downtown Yakima and the City of Selah to the north. Everything in the system is still in use today for the same purpose for which it was built. The system is the only intact, continuously operating, interurban electric railway in the United States. Portions of the track and overhead wire system have been repaired or replaced over the years but the majority of the line is in need of restoration. Previous ISTEA funds were used to rehabilitate a small portion of the track along 6th Avenue near the BNSF crossing, repair and replace thousands of feet of overhead electrical wire, and repair support poles through Selah Gap. The Trolley Repair Barn and Substation serve as the beginning of the William O. Douglas Trail, which is a 75 -mile long recreational pathway from downtown Yakima to Mount Rainier National Park. Traveling along 6th Avenue, the trolley line leads to the Yakima Greenway, a ten -mile system of paved recreational pathway for pedestrians and bicyclists that runs along the Naches and Yakima Rivers. 3 The project will strengthen the local economy through regional investment in local labor and the support and stimulation of the tourist industry through heritage tourism. The project will improve the local and regional quality of life through the rehabilitation of historic buildings and trolley tracks. Buildings, sites, and objects of historic and cultural significance add greatly to the quality of life in all communities because they are grounded in heritage and a sense of place. The YVTC is a unique resource in the region, the state, and the entire nation. 2. Describe how the project is regional in nature (i.e. enhancement benefiting multiple jurisdictions). Since the Yakima Valley Transportation Company Historic District is unique to the region and state, residents and visitors from many different jurisdictions come to Yakima for the experience of visiting an intact Trolley Repair Barn and Substation and riding the historic trolleys. The trolley line crosses into the City of Selah and provides a connection to the William 0. Douglas Trail which goes beyond the urban growth boundaries of the City of Yakima, traverses Yakima County, and reaches portions of Lewis and Pierce Counties, ending in Mount Rainier National Park. Cultural gains for the region stem from the continued use of an historic electric railway system. In operation since 1907, the Yakima Valley Transportation Company is the last original ca. 1910 continuously operating, electric interurban railway of a once extensive regional system. Aesthetic experiences arise through both natural and man-made attractions along the regional transportation corridor. Due to the age of the current system, repairs are needed to the Trolley Repair Barn and Substation and along the trolley track line. Restored, National Register listed electric rail cars will transport riders through Yakima's historic downtown, passing by early and mid 1900s era residences, and the regionally significant, agriculture -related light industrial areas at the outskirts of town, before crossing the historic ca. 1895 Naches River Bridge and arriving in the neighboring city of Selah. Environmental benefits for the region emerge from the re -unification and expansion of a regional transportation system that unites the low -impacts of electric transportation with pedestrian mobility. The railway connection will enhance public use of the Naches River and direct bicycle access for city residents to the existing ten miles of paved Yakima Greenway trail along the Yakima and Naches Rivers. 3. Describe the extent to which the project relates to the Regional Transportation Plan goals and policies (available online at www.vvcoq.orq/trans/enhance/RTPexcerpts.pdf). Demonstrate how the project is compatible with Growth Management plans and policies, or other planning documents and policies. Describe the project's public involvement process. The project supports the Regional Transportation Plan goals and policies by addressing the important issues of safety, connectivity, choice, and economic vitality. The project involves the acquisition of the critical electric railway support facilities (Trolley Repair Barn and Substation) and proposes needed masonry repairs to the Trolley Repair Barn. The facilities are absolutely essential to the operation of the trolley line as the trolley cars are stored and maintained in the Trolley Repair Barn, and the Substation provides specialized Direct Current to power the trolleys and also serves as a museum. A fully functioning electric railway adds another transportation choice, connects communities and other modes of transportation, increases economic vitality by supporting heritage tourism, and provides a safe and environmentally sensitive form of transport. Public support and involvement has been a critical factor in the community's efforts to preserve and restore the historic YVTC Trolley system. The subject of the preservation of the trolley track 4 system, Trolley Repair Barn, and Substation has been presented at public meetings for the last several years. Railroad enthusiasts, historians, and the heritage community all support the City's efforts to preserve the Yakima Valley Transportation Company. In 1999, the people of Yakima loaned one of the historic trolley cars to Issaquah for one year to help reestablish trolley service in their community. Earlier this year (2005), the City Council approved emergency funding for repair of the trolley tracks at Yakima Avenue. The City Council also approved of plans to enter into an Option to Purchase agreement and proceed with plans to buy the Trolley Repair Barn and Substation. All of these actions took place in public meetings where members of the community had the opportunity to comment. 4. Demonstrations of local and/or regional support or partnerships. • Non -partner letters: The following attached non -partner letters demonstrate local and general public written policy -driven and existing program support: a. Washington Trust for Historic Preservation, September 14, 2005. b. Yakima Greenway Foundation, September 23, 2005. c. Department of Archaeology and Historic Preservation, September 20, 2005. • Plans/policy documents: The following attached plans and policy documents demonstrate local, regional and state government policy -driven, and existing plan and program support: a. Transportation Plan (February 1998). Prepared for the City of Yakima by Earth Tech. pp. 1-2, 1-3, 6-5. b. The Washington State Historic Preservation Plan (2004). Prepared for the State of Washington Department of Community and Economic Development, Office of Archaeology and Historic Preservation, by Betsy Czark & Associates and Groupsmith. c. Restoration Study of the Yakima Valley Transportation Company. (1994). Prepared for the City of Yakima Interurban Lines Association by Tonkin/Hoyne Architects & Planners. (pp. 3, 4, 5) • Partnerships: The following attached partner letter demonstrates local and general public written, policy -driven and existing program commitment: -Yakima Valley Trolleys, September 22, 2005. For the last several years, Yakima Valley Trolleys has worked closely with the City of Yakima to maintain and operate the trolley line, trolley cars, and the Yakima Electric Railway Museum in the Substation. YVT will continue in this important role. 5. Describe how the project is intermodal or is accessible to multiple modes of transportation. The Trolley Repair Barn, Substation, and trolley track system are integral components of a historic electric passenger rail service. The Yakima Valley Transportation Company is an electric interurban railroad company built between 1907 and 1913, before automobiles became 5 popular. Multiple stops service both the downtown area and residential neighborhoods. As a functional component of the intermodal transportation system, its rights-of-way may again be used as a regular form of mass transit, while maintaining its historical integrity. The system is accessible from existing public bus routes in Yakima, existing bikeways, pedestrian paths, recreation areas and proposed boating activities along the Neches River. 6. Describe how the project fills a gap in an alternative mode transportation corridor or completes a project. The project fills a gap by moving towards restoration of a historic electric passenger rail system. Use of the electric rail system, formerly a backbone of efficient interurban mobility, declined with the ascension of the automobile. Restoration plans have been ongoing since completion of the Restoration Study of the Yakima Valley Transportation Company in 1994. The project integrates the restoration of electric interurban transportation between Yakima and Selah with access to the Yakima Greenway, providing an important link between the past and present. 7. Describe the project's other unique characteristics or additional aspects that should be considered such as ... Is the project utilizing state of the art technology or design? Does it include any ADA features? What are some of the project's innovative aspects? What is the public benefit? Is there any urgency? The project is unique because Yakima's system is the only continuously operating electric interurban railway system ca. 1910 in the United States; and because the historic Trolley Repair Barn and Substation are available for public ownership, restoration and expanded use. State of the art methods include the use of clean, efficient, non -emission producing, low noise and vibration electric railway transportation. This technology is similar to the electric rail lines in San Francisco, Portland, and Tacoma. Yakima is the only Washington State city east of the Cascades to employ this system, which is only recently being reintroduced to Seattle. The full level of ADA features will be considered in later phases of the rehabilitation of the Trolley Repair Barn; the Substation already meets ADA accessibility requirements. The current scope of work is mainly masonry and wall repair. Public benefit for the greater metropolitan Yakima area extends to trail and bikeway users throughout the area, and includes the potential for users traveling via the electric railway into downtown Yakima for shopping, work, or recreation purposes. Urgency to complete the project is paramount because of a current advantageous opportunity to purchase the critical support facilities (Trolley Repair Barn and Substation). The Trolley Repair Barn is in need of rehabilitation due to its age and condition. This historic property is currently owned by an expanding private health organization that is not in the business of operating or maintaining historic buildings. If the City of Yakima does not take this opportunity to purchase the buildings, then the Trolley Repair Barn and Substation may become endangered historic properties. Without the two buildings, the trolley system could not operate. 8. Describe the plan for maintaining the project once completed. The Trolley Repair Barn, Substation, and trolley track system will continue to be maintained by the City of Yakima with the assistance of Yakima Valley Trolleys. Capital improvements and the budgeting and performance of routine maintenance will be managed by the City's Department of Community and Economic Development. 6 PART 4. Applicant Signature Project Verification and Endorsement Costs identified above represent the best available estimates to accomplish the work described herein. Local commitments identified above are available and will be applied to the project if it receives the requested Enhancement grant. 1 realize that the use of federal funds for this project entails administrative and project compliance requirements over which Yakima Valley RTPO has no control, and for which this agency or organization will be responsible. This project has the full endorsement of the governing body/leadership of this agency or organization. Name and 65o6� Title Ccr.k. ►etctroN �. dt' fi��...w• Eeo• Dia , of Designated Representative Si Date 7 fq 1' I11.\ i CWI,11t \IT) h(-0 \Mill' tiEVELOP11,,,,VT \ 11,rd: 'f r,11,1 'Nfrue )akima $1, wjetrazopt 9100./ rh;',111 300 575-61/j • 1 y PP) r ,575,6 fk; it!Puon k Director October 31, 2006 Transportation Enhancement Program WSDOT Highways & Local Programs 310 Maple Park Ave. SE Olympia, WA 98504-7390 Re: Transportation Enhancement Grant Application for: Connecting Washington through Heritage Trails: Telling the Stories of the William 0. Dada/as, Cowlitz and Upper Nisouaily Trails Dear Transportation Enhancement Committee: The City cf Yakima, as applicant agency. along with our partners. the Cowlitz Tribe and Pierce County Parks and Recreation, wish to submit the enclosed Transportation Enhancement Grant Application for your consideration. We are seeking funding for a project that would connect Eastern Washington to Western Washington through a multi -modal recreational system (via heritage trails) thal reccgmzes the state's cultural hentage, diverse natural landscape, and scenic beauty. We are enclosing two copies o the application with this letter. Additional letters of support wiU be submitted in a separate transmittal within the next two weeks. Please feel free to calf you desire additional information or have arty questions. Thank you for your consideration. Very truly yours. WiIIani Cook bgectdr Transportation Enhancement Report Am. P P ,� wi,stic��}sem st,ie V Di partrrr*nt o! Trartxperrtabors Agency Name and Project Title City of Yakima; Connecting Washington Through Heritage Trails: Telling the Stories of the William O. Douglas, Cowlitz and Upper Nisqually Trails Project Description The project connects Eastem Washington to Western Washington through the Wiliam O. Douglas Trail, Cowlitz Trail, Mount Rainier National Park, and the Upper Nisqually Heritage Trail to create a multi- modal recreational system that recognizes the state's cultural heritage, averse natural landscape, and scenic beauty. Combined, the trails tell the story of the significant role of historic paths in our state's cultural heritage and how these trails have linkages that are important to this day. Contractor Project not yet awarded. Recent Progress N/A — The project has not started yet. Schedule and Scope changes (Explain why the project has advanced or delayed since the last update.) No State funds will be utilized forthis project. Environmental Impacts 1 Compliance N/A— Environmental review not required. Federal fund Impacts Federal funds are included in this project for research and interpretation of the trails, trailhead signs, restoration of the Naches River Bridge, and right-of-way acquisition for the Wiliam O. Douglas Trail. Project Milestones Scheduled Attained Milestone Outlook Environmental Documents Approved M/Y M/Y N/A — Environmental review not required. RW Complete 3/06 3/07 Acquisition of rights-of-way for William O. Douglas Trail. Contract Advertised 3/06 M/Y For bridge restoration contractor. No subcontractors needed for trail interpretation work. Contract Awarded 5/06 MW 30-60 days from award of grant. Groundbreaking 6/06 M/Y 6/06 for start of bridge restoration. Begin trail history research immediately upon signing of contract. Open to Traffic 9/06 M/Y 9/06 for end of bridge restoration. Trail interpretation to be completed one year from contract date. Project Cost Summary: Preliminary Engineering (bridge restoration) Construction (bridge restoration) Right -Of -Way (WOD Trail) WOD Trail Interpretation Cowlitz Trail Interpretation Nisqually Trail Interpretation Total Project Cost Total Grant Request: $499,890 Dollars in millions $0.06 m $0.13 m $0.15 m $0.05 m $0.05 m $0.05 m $0.49 m Percent of total 13% 27 % 30 % 10% 10% 10% 100 % 5-07 Cash Flow (expenditures billed to WSDOT): Date Planned Revised 8105 $ 11/05 $ 2/06 $ 5/06 $ 50,000 8/06 $ 180.000 11/06 $ 179.650 2/07 $ 60.240 5/07 $ 30.000 6/07 $ Total 05-07 $ 499,890 Carryover of 05-07 $ Total 07-09 $ GRAND TOTAL $499,890 Actual Agency Contact Information: Bill Cook, Director, City of Yakima Dept of Community and Economic Development, 129 N. 2"d St., 2"d FI., Yakima, WA 98901, (509) 575-6113, bcook@ci.yakima.wa.us Project Title: Connecting Washington through Heritage Trails: Telling the Stories of the William O. Douglas, Cowlitz and Upper Nisqually Trails Contact Name/Title: Applicant Agency: Address: Phone Number Email: Applicant Partners: Bill Cook, Director, Community and Economic Development Department City of Yakima 129 North Second St., 2"d Floor, Yakima, WA 98901 509.575.6113 bcook@ci.yakima.wa.us Cowlitz Tribe and Pierce County Parks and Recreation Describe the proposed project and its relationship to the surface transportation system. The project connects Eastern Washington to Western Washington through the William O. Douglas Trail, Cowlitz Trail, Mount Rainier National Park, and the Upper Nisqually Heritage Trail to create a multi -modal recreational system that recognizes the state's cultural heritage, diverse natural landscape, and scenic beauty. Combined, the trails tell the story of the significant role of historic paths in our state's cultural heritage and how these historic trails have linkages that are important to this day. The project spans the jurisdiction of three RTPOs and consists of components in each RTPO (Yakima Valley Conference of Govemments, Southwest Washington RTPO, and Puget Sound Regional Council). The project is related to surface transportation through its connection with a National Register listed electric railway and a system of recreational paths that provide a broad experience and appreciation of the state's natural and cultural resources. William O. Douglas Trail The William O. Douglas Trail (W.O.D. Trail) is a 75 -mile recreational pathway which courses through the City of Yakima, traverses Yakima County, and reaches portions of Lewis and Pierce Counties, connecting to Mount Rainier National Park. It is named after influential Supreme Court Justice William O. Douglas, perhaps the most famous person to grow up in Yakima and who was the longest serving Justice in United States history. Stricken with polio as a boy and in a weakened physical state, William O. Douglas frequently walked along the trail to strengthen his legs. As the most prolific author in the history of the Supreme Court, Douglas wrote several books about the historical, cultural, and natural features of Washington State. This trail interprets numerous historic and natural sites that Douglas visited and wrote about. The W.O.D. Trail connects Douglas's boyhood home site to the Wilderness Area that bears his name by Act of Congress. Because of the Cascade Mountain rain -shadow effect coupled with rapid changes in elevation and precipitation along the 75 -mile trail route, the Trail passes through twelve different ecosystems from steppe to forest to alpine zones, and contains some of the greatest biological diversity found in the U.S. over a comparable distance. 1 The Trail will be open to all forms of muscle -powered users, including pedestrian, bicycle, equestrian, snowshoeing, and skiing. The trail system connects valley bottom to Cascade crest—the Cities of Elbe and Yakima to Mount Rainier National Park. The Mountain figures prominently in the state's history and natural environment, serves as an icon of the region, and connects Eastem Washington to Western Washington. Naches River Bridge Restoration - The William 0. Douglas Trail begins in downtown Yakima at the historic Trolley Repair Bam. The trail follows the trolley line up 6th Avenue to the Naches River Bridge. The bridge is listed as part of the Yakima Valley Transportation Company National Register Historic District, which consists of the Trolley Barn, Substation, trolley track system, and the Naches River Bridge. Constructed ca. 1895, the bridge was purchased by the Yakima Valley Transportation Company (YVT) from the Union Pacific Railroad Company. YVT dismantled the structure and brought it to Yakima from Nebraska. In 1912, YVT installed the Naches River Bridge for the trolleys. The bridge is an important part of the Yakima Transportation Company Electric Railway because it makes access possible across the river for the trolley travel north to the City of Selah. The bridge is located at a place historically used by Native Americans and early pioneers to ford the river at the gateway to the Yakima Valley. Douglas hiked across the bridge many times on his way to climb the 500 foot hill just beyond the bridge to the northwest. Today, high school and middle school students traverse the bridge on school field trips to study history, science, and literature. The Naches River Bridge is integral to the whole experience of using the William O. Douglas Trail. The bridge is in need of restoration and must be cleaned and repainted. Over many decades, layers of rust and soot have settled on the bridge, thus compromising the condition of the structure. An existing condition and feasibility report for the Naches River Bridge was prepared for the City of Yakima in September of 2005. The report recommended repairs to the bridge and cited paint failure on the truss and stringer beams. Keeping the bridge from further rusting is a priority to ensure long-term use of the historic structure. The project proposes to use Transportation Enhancement Funds to restore the bridge. This portion of the project is ready to proceed if funding is available through this application. Right -of -Way Access to Trail - Currently, ninety percent of the William O. Douglas Trail exists and is open to public use as publicly owned trail or as non-profit owned trail. Those portions that are in private ownership are located in the City of Yakima or Yakima County. The City of Yakima proposes that Enhancement funds be used fill in trail gaps by acquiring additional right-of-way adjacent to existing roads and historic routes or adjacent to private parcel boundary lines. Additional right-of-way adjacent to nineteen private parcels will allow the William O. Douglas Trail to be fully accessible to the public as a continuous 75 -mile pathway. Opportunities for Interpretation of Cultural Sites – The William O. Douglas Trail offers many ways to interpret the significant cultural heritage sites as related to Douglas himself and other individuals, communities, events, and Native American history. Trail users can leam about our heritage through interpretive projects such as trailhead signs, information kiosks, brochures, and a website. The project proposes to use Transportation Enhancement Funds to perform comprehensive historic research, gather information and develop interpretive materials for the William O. Douglas Trail. 2 Cowlitz Trail As the William 0. Douglas Trail route heads northwest it merges with the Cowlitz Trail for a number of miles, and then leaves Yakima County and enters into the northeast comer of Lewis County. It is here that the trail user can choose to continue on the William 0. Douglas Trail up to Mount Rainier National Park in Pierce County, or take another route onto the Cowlitz Trail. Historically, the Cowlitz Trail was the primary cross - Cascade travel route for the Yakama and Upper Cowlitz (Taidnapam) peoples. The trail followed the Cowlitz River to a fork where one branch went north to Naches Pass and another to Cowlitz Pass. Indian trails provided a necessary form of transportation for many tribes in the region, enabling trading of food and goods and movement between areas from season to season. The project proposes to use Transportation Enhancement Funds for researching and gathering information and interpretive materials to produce permanent signage for trail heads, printed maps, and educational brochures. The Cowlitz Tribe is an important partner in this project Tribal members have the expertise and knowledge to lead this portion of the project and significantly add to the interpretation of the state's native cultural heritage. Upper Nisqually Heritage Trail Pierce County Department of Parks and Recreation, in cooperation with an advisory committee consisting of community groups, agencies, and local business owners, has been leading efforts to plan for a multi -use trail between the towns of Elbe and Ashford in the Upper Nisqually Valley, east of Mount Rainier National Park. Ashford serves as a gateway community to the park. The proposed eight -mile Upper Nisqually Heritage Trail will be a non -motorized, multi -use, paved asphalt trail developed primarily within the existing historic Tacoma Eastern Railroad right-of-way owned by the City of Tacoma. The creation of the Upper Nisqually Heritage Trail provides opportunities to interpret the natural and cultural resources of the area. Topics for interpretation include industrial heritage (railroad, logging, and mining history), Native American culture and history, local folklore, wildlife observation and habitat, plant identification, and geological history (mountains and volcanoes). Pierce County Department of Parks and Recreation is an important partner in this project. The Upper Nisqually Heritage Trail Concept Plan (Fall 2005) developed by Pierce County Department of Parks and Recreation identifies as a future main goal providing opportunities for interpretation and education for the trail. This project proposes to use Transportation Enhancement Funds to research and develop interpretive materials for the Upper Nisqually Heritage Trail. 3 Describe how the proposed project addresses the activity criteria. The project meets four of the twelve activity criteria. Criterion One: Provision of facilities for pedestrians and bicycles. All three trails currently are or will be multi -modal networks, linking recreational paths for non -motorized users. The trails promote active living and a healthy lifestyle. Criterion Three: Acquisition of scenic easements and scenic or historic sites. The project's proposal to acquire rights-of-way access in the City of Yakima and Yakima County completes a missing link for the trail. Currently, all but about ten percent of the William O. Douglas trail exists in public ownership. This part of the project would fill small gaps in the 75 -mile trail to create a continuous route that would benefit the public as a whole. Criterion Six: Historic Preservation. The project ties together the history of the William O. Douglas, Cowlitz, and Upper Nisqually Trails to tell important stories of our culture, providing opportunities for heritage education and tourism. The proposal to restore the historic Naches River Bridge in Yakima assures that the bridge could continue to service the trolley line and be in good enough condition to accommodate a newly planned pedestrian/bicycle crossing on the bridge. The scope of work for cleaning and painting the bridge will conform to the Secretary of the Interior's Standards for Rehabilitation. Criterion Seven: Rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals). The proposal will rehabilitate the National Register listed Naches River Bridge, a historic transportation structure built ca. 1895. Describe how the proposed project improves the quality of life, and enhances the travel experience for people traveling by all modes. The project as a whole is about experiencing Washington's cultural heritage through travel. The forms of travel utilized to enjoy the William O. Douglas, Cowlitz, and Upper Nisqually Trails inherently promote and improve quality of life through exercise and the enjoyment of nature. The William O. Douglas Trail connects existing historic trail systems over 75 miles from the City of Yakima to Mount Rainier National Park and enhances the outdoor recreation experience. The project connects communities through the physical linkages of the trails—the William O. Douglas Trail connects to the Cowlitz Trail in Lewis County and to the Pacific Crest National Scenic Trail at Mount Rainier National Park. The Mountain divides the William O. Douglas Trail from the Upper Nisqually Heritage Trail, but a system of existing trails are found throughout the National Park, providing linkages between the two trails. All three trails promote a sense of community and tell many different stories in various points in our distant and not so distant history. 4 Project Phase Bridge restoration William O. Douglas Trail right-of-way acquisition William O. Douglas Trail Interpretive research, materials, trailhead signs Cowlitz Trail interpretive research, materials, trail - head signs Upper Nisqually Heritage Trail interpretive research, Materials Project Costs Estimated date Enhancement funds requested Summer 2006 $199,650 3/06 to 3/07 3/06 to 3/07 3/06 to 3/07 3/06 to 3/07 TOTAL $150,240 $ 50,000 $ 50,000 $ 50,000 $499,890 5 Pierce County Wi liana 0 oo.4ia8 wndarn Mount Rainier National Park Lewis County Yakima County CONNECTING WASHINGTON THROUGH HERITAGE TRAILS.' TELLING THE STORIES OF THE WILLIAM 0. DOUGLAS, COWLITZ, AND UPPER NISQUALLY TRAILS TRAIL VICINITY MAP MAP LEGEND 1. Proposed Upper Nisqually Trail Connection (see inset map -blue) 2. Proposed Cowlitz Pass Indian Trail and Historic Native American Trail Interpretive Corridor (blue) 3. Proposed Douglas Trail (blue) 4. Mount Rainier National Park (boundary in green) 5 William 0. Douglas Wilderness Area (boundary in brown) 6. USFS Boundary (shown in yellow at trail crossing) 7. Yakima (see inset maps) Note: County Boundaries indicated in gray Washington State Wit Department of Transportation Agency Address Local Agency Agreement CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Project No. Agreement No. For OSC 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, A-87 and A-133, (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 r, 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 Termini Length Description of Work Agency Official Washington State Department of Transportation By By Title Assistant Secretary for Highways and Local Programs Date Executed DOT Form 140-039 EF Revised 01/2004 1 Type of Work Estimate of Funding (1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated Federal Funds PE % a. Agency b. Other Federal Aid Participation Ratio for PE c. Other d. State e. Total PE Cost Estimate (a+b+c+d) Right of Way f. Agency g. Other Federal Aid Participation Ratio for RW h. Other i. State j. Total R/W Cost Estimate (f+g+h+i) Construction % k. Contract I. Other m. Other n. Other o Agency Federal Aid Participation Ratio for CN p State q. Total CN Cost Estimate (k+l+m+n+o+p) r. Total Project Cost Estimate (e+j+q) Agency Official Washington State Department of Transportation By By Title Assistant Secretary for Highways and Local Programs Date Executed DOT Form 140-039 EF Revised 01/2004 1 Construction Method of Financing (Check Method Selected) State Ad and Award ❑ Method A - Advance Payment - Agency Share of total construction cost (based on contract award) ❑ 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 ❑ 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 , Resolution/Ordinance No Provisions I. 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 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. III. 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. IV. 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 local government accounting procedures prescribed by the Washington 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 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: DOT Form 140-039 EF Revised 01/2004 2 1 Preliminary engineering. 2. Right of way acquisition. 3. Project construction. hi 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 IX). 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 accordance with the Transportation Equity Act for the 21st Century (TEA 21), as amended, and Office of Management and Budget circulars A-102, A-87 and A-133. 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. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall mimimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless an indirect cost plan has been approved by WSDOT 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 IX). 1. Project Construction 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 duplicate, 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 maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. 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 IX). VII. Audit of Federal Consultant Contracts 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 Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA, and Office of Management and Budget Circular A-133 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 LX). VIII. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal Office of Management and Budget (OMB) Circular A-133 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $500,000 or more in federal awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provisions of OMB Circular A-133 Upon conclusion of the A-133 audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. IX. 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 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 the Assistant Secretary for Highways and Local Programs. DOT Form 140-039 EF Revised 01/2004 3 X. 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. XI. 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. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 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 in 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 required contract provisions for Federal -Aid Contracts (FI1WA 1273), located in Chapter 44 of the Local Agency Guidelines. 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 II, 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 635, Subpart 127, as supplemented, relative 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. XIV. 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. DOT Form 140-039 EF Revised 01/2004 XV. Venue for 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 XVI. 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 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. Additional Provisions 4 1171 Washington State Department of Transportation Prefix Route Local Agency Federal Aid Project Prospectus Federal Aid Project Number Date r WS `Use Only/ Federal Employer Tax ID Number Local Agency Project Project Number Agency Federal Program Title • 20.205 ■ 20.209 0 Other Project Title Start Latitude N Start Longitude W End Longitude W End Latitude N Project Termini From To From: To Length of Project Award ■ Type Local • Local Forces ■ State ■ Railroad Federal ■ Agency FHWA • Others City Number County Number County Name WSDOT Region Congressional District Legislative Districts Urban Area Number TMA / MPO / RTPO Phase Total Estimated Cost (Nearest Hundred Dollar) Local Agency Funding (Nearest Hundred Dollar) Federal Funds (Nearest Hundred Dollar) Phase Start Date Month Year P E. R/W Const. Total Description of Existing Facility (Existing Design and Present Condition) Roadway Width Number of Lanes Description of Proposed Work ■ New Construction • 3-R • 2-R Roadway Width Number of Lanes Local Agency Contact Person Title Phone Mailing Address City State WA Zip Code By Project Prospectus Approval Approving Authority Title Date DOT Form 140-101 EF Revised 8/2005 Page 1 of 3 ■ Supersedes Pervious Editions■ Agency Project Title Property Damage Accidents Date Fatal Accidents Tof Accidents dNumber o of Aidenents Number of Accidents Geometric Design Data Number of Accidents Number of Fatalities Description Agency Through Route Crossroad Federal Functional Classification ❑ Urban ❑ Principal Arterial • Minor Arterial ■ Collector ❑ Urban • Principal Arterial iiiMinor Arterial ■ Collector • Major Collector ❑ Rural • Major Collector • Minor Collector ■ Access Street/Road ❑ Rural ■ Minor Collector • Access Street/Road Terrain • Flat ■ Roll • Mountain ■ Flat • Roll 1 Mountain Posted Speed Design Speed Existing ADT Design Year ADT Design Year Design Hourly Volume (DHV) Accident - 3 Year Experience Year Property Damage Accidents Injury Accidents Fatal Accidents Tof Accidents dNumber o of Aidenents Number of Accidents Number of Injuries Number of Accidents Number of Fatalities % Agency % Performance of Work Preliminary Engineering Will Be Performed By Others % Agency % Construction Will Be Performed By Contract % Agency % Environmental Classification ❑ Final 0 Preliminary ❑ Class I - Environmental Impact Statement (EIS) O Project Involves NEPA/SEPA Section 404 Interagency Agreement ❑ Class III - Environmental Assessment (EA) O Project Involves NEPA/SEPA Section 404 Interagency Agreement ❑ Class II - Categorically Excluded (CE) 0 Projects Requiring Documentation (Documented CE) Environmental Considerations DOT Form 140-101 EF Revised 8/2005 Page 2 of 3 Agency Project Title Date Right of Way ❑ 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 FAA Involvement Is any airport located within 3.2 kilometers (2 miles) of the proposed project? 0 Yes ❑ No Remarks 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. Agency By Date DOT Form 140-101 EF Revised 8/2005 Page 3 of 3 Mayor/Chairperson OFFICE OF THE CITY COUNCIL 129 North Second Street City Hall, Yakima, Washington 98901 Phone (509) 575-6050 • Fax (509) 576-6335 February 1, 2006 Mr. Don Whitehouse Regional Administrator WSDOT P.O. Box 12560 Yakima, WA 98909 RE: SR-12/40th Ave./Fruitvale — Pathway Interconnect Dear Mr. Whitehouse: Dave Edler, Mayor Neil McClure, Mayor Pro Ten Ron Bonlender Micah Cawley Norm Johnson Bill Lover Susan Whitman The City of Yakima, County of Yakima, Greenway Foundation, William O. Douglas Trail Foundation, and Cowiche Canyon Conservancy are working together to identify pedestrian/bicycle pathway interconnect options in the vicinity of SR-12/40th Ave./Fruitvale Boulevard. In particular, a safe pathway interconnect is desired in order to link the Greenway pathway at 40 /Fruitvale to the Powerhouse Road pathway and ultimately on to the Painted Rocks area and Cowiche Canyon Trail. This important pathway interconnect is also proposed to be an integral link in the 75 -mile William O. Douglas Trail that connects downtown Yakima to Mt. Rainier. My purpose in writing is to ask you whether WSDOT might consider allowing a portion of the unused SR -12 right-of-way to be used as' a public pathway interconnect immediately west of the 40th Ave./SR-12 ramp intersection. Specifically, a short portion of the ramp right-of-way just north of the Taco Bell restaurant could serve as an efficient connection for bicycles and pedestrians wishing to link up to the Powerhouse Road path and sidewalk system. Such a pathway south of the SR -12 exit ramp and north of the Taco Bell/Fred Meyer complex could divert pedestrians and bicycles away from the high traffic volumes and multiple turning movements in and around 40th Avenue, thereby improving safety and traffic flow. Is there a process under which WSDOT might consider such a use of, or easement across, the southerly portion of WSDOT ramp right-of-way? We would be happy to meet and discuss this possibility with you at a mutually convenient time. Thank you for your consideration in this matter. Sincerely, Micah Cawley Yakima City Councilman rrn FOR COUNCIL INFORMATION ov,YYakim IIa DATE: . i - t a 1999 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of April 18, 2006 ITEM TITLE: Resolutions authorizing: (A) Acceptance of transportation enhancement grants funding William O. Douglas Heritage Trail and restoration of Yakima Valley Transportation Company historic trolley barn and Naches River Bridge and authorizing execution of prospectus and local agency agreement for each grant; and (B) Joint City -County application for grant from Interagency Committee for Outdoor Recreation (IAC) for the Heritage Trails Program: Greenway, Cowiche Canyon, and William O. Douglas Pathway Connections. SUBMITTED BY: Raymond L. Paolella, City Attorney Bill Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: Raymond L. Paolella, City Attorney (575-6030) SUMMARY EXPLANATION: On March 8, 2006, the Washington State Department of Transportation (WSDOT) awarded the City two grants under its Transportation Enhancement Program. One grant approved $499,890 under the statewide significant grant category for the Heritage Trails Program, including the William O. Douglas, Cowlitz & Upper Nisqually trails. A second grant under the Yakima Valley Conference of Governments review process approved $495,592 for restoration of the City's historic trolley barn and Naches River trolley bridge (see attached grant documents). WSDOT requires successful applicants to complete a "Local Agency Federal Aid Project Prospectus" and a "Local Agency Agreement" for each grant, copies of which are attached. These transportation enhancement grants will enable the City to purchase and improve the historic Yakima Electric Railway Museum facilities located at 309 W. Pine St., make significant enhancements to this system, an adjacent city pathway, and connections between existing recreational pathway systems. Moreover, the William O. Douglas Trail Foundation, a non- profit organization, has received a separate $327,000 enhancement grant to enable pedestrian/bicycle use along North 6th Avenue and the Naches River Trolley Bridge. Significantly, these transportation enhancement grants can be used to satisfy the 50% match required for grants under the IAC's Washington Wildlife and Recreation Program (WWRP). These WWRP funds would help acquire right-of-way/land connections (and supply the "missing links") for the existing segments of publicly accessible pathways that now compose the route of the William O. Douglas Trail. Some of these connections are within the City limits and some are within Yakima County (see maps attached). The City Council has supported the County's prior funding request to Congress for the Cowiche Canyon Road/William O. Douglas Trail. It is anticipated that the City and County would make a joint application for approximately $730,000 in WWRP grant funds. Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source, APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolutions. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: A) Resolution adopted. RESOLUTION NO. R-2006-64 B) Resolution adopted. RESOLUTION NO. R-2006-65