HomeMy WebLinkAboutR-1997-156 Agreement / Yakima Interurban Lines Association (YILA )/ YVT / Community & Econ. Dev / MuseumRESOLUTION NO. R-97-15 G
A RESOLUTION Authorizing the City Manager and the City Clerk to execute an agreement
finalizing funding through Surface Transportation Program Enhancement STP(E)
funds for YVT Electric Railroad Preservation, while re -obligating federal funds
and local match monies to address pier scour problems into this project.
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 YVT 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 YAIIMA:
The City Manager and City Clerk are hereby authorized anddirected to execute the attached
Federal Aid Prospectus and Local Agency Agreement.
ADOPTED BY THE CITY COUNCIL this RD day of , 1997.
Ari EST:
j
City Clerk
ynn Buchanan, Mayor
Washington State
Department of Transportation
Prefoc Route
Federal Aid
Project Number STPE
1485
Local Agency
Project Number
1793
Agency
CITY OF YAKIMA
Project Title
YVT Electric Railroad Preservation
ProjectTermW From ITo
-
N/A . N/A .
N/AFrom: To: I Length of Project Award Type
Federal Agency I
N /A ❑ Local Q Local Forces 0 State . 0 Railroad
City Number rounty Number County Name WSDOT Region
il FNWA ❑Others 1485 39 I Yakima I
South Central Congressional District Legislative DtstrDistrictsUrban Area Number
° + 14 5 YVCOG
.,�L atioi
loath
Local Agency Federal
Aid Project Prospectus
Date
Federal Employer
Tax ID Number
Federal Program The
0 20204 10 20.205 0 20206 0 20.209 0 Other
P.E
48,286
garest
32.,036
0
22,690
54,726
RNV
0
Const
168,073
Total
216,359
escri.ptiono
xi_s$n;
acli
xistinC
Roadway Width.
N/A
16,250
0
.145,383
• 161,633
esEignan Treses t'Conditio'n
Number of Lanes
N/A
ercent='
;Federal .:
33.7
86.5
11/97
11/97
t:
Yakima Valley Transportation Co. is'a 6 utile electric railroad connecting Yakima
with Selah.. The track, rolling stock, overhead wire system, and buildings are all
original and in ari advanced state of deterioration. The 1910 vintage substation
building houses YVT's power generating equipment as well as its historical archives
and museum displays.
escription; of Propose
Roadway Width N/A
3;] New Construction 0 3-R ❑ 2-R N/A
Restoration of substation building, including new roof, repair walls and windows,
provide heating and air conditioning, and build a public restrocm. Also, pave the
parking lot, provide fencing, sidewalks, landscaping, and security lighting.
Number of Lanes
Local Agency Contact Person
Fred French
Mailing Address
129 North .2nd Street
Design Approval
(CA Agencies Only)
DOT Form 140401 EF
Revised 1197
By
Phone
I
City Engineer (509) 575-609E State zip Code
WA 98901
1°4 Yakima
Title
Approving Authority
Page 1 of 3
Date
AgemryCITY OF YAKIMA
eornetnDe▪ sigr:
Description
Project Title
YVT Electric Railroad Preservation
Federal
Functional
Classification
❑ Urban
❑
Terrain
Rural
Through Route
❑ Principal Arterial
❑ Minor Arterial
D Collector
❑ Major Collector
.❑ Minor Collector
❑ Access Street/Road
0 Flat 0 Rod 0 Mountain
Posted Speed •
Design Speed
edsting ADT
Design Year ADT
Design Year
iiratigA
Crossroad
❑ Urban
0 Rural
Yfr-
❑ Principal Arterial
❑ Minor Arterial
D Collector
❑ Major collector
❑ Minor collector
❑ Access Street/Road
❑ Flat ❑ Rod ❑ Mountain
Design Hourly Volume (DHV)
7x..y.',6 sK�".> r114.5 -1M,
:' � ';�.'��'��K"'lf'i •.�' ea `�'�'jY '�"i
Saa �. • oar L ertenc� � `� ='a
de ift- 3 � .� ��i r., .ate .—�`
Injury Accidents
Fatal Accidents
•
Year
Property
Damage •
Accidents
Number of
Accidents
Number of
Injuries
Number of
Accidents
Number of
Fatalities
Total Number
of Accidents:
Weddell'
�,��!i:'�3��i, , 997riance o :, yc Tt�°.z his
Preliminary Engineering MI Be Performed By
CITY OF YAKIMA
ru. 15 eMalk af`.. Tirtfg t ez oposed mp 60TI n.. O
NI
Construction WM Be Performed By
Contract
' �aeR• :'�'Y k*'S%C.fi�•; yy yv� �±L4TfJ� y
vitonme t - Ctassin c on
❑ Final 0 Preliminary
❑ Crass I - Environmental Impact Statement (EIS)
❑ Project Involves NEPA/SEPA Becton 404
' Interagency Agreement
❑ Class III - Environmental Assessment (EA) •
❑ Project Involves NEPA/SEPA Section 404
Interagency Agreement
✓i
}
Contract
100 %
® Crass II - Categorically Excluded (CE)
❑ Projects Not Requiring Documentation for FHWA
Approval (23CFR 771.117(c))
❑ Projects Requiring Documentation Without
Further FHWA Approval (F1-IWA/WSDOT MOU
dated 2/90)
•
❑ Projects that Require Documentation and FHWA
Approval (Documented CE)
Environmental Considerations
DOT Form 140.101 EF
Reybed 1 7
Page2of3 •
Agency CITY OF. YAKIMA
Pr ect Trtie
YVT Electric Railroad Preservation
Date
® No Right of Way Required
• All construction required by the
contract can be accomplished
within the existing right of way.
❑Right of Way. Required
0 No Relocation
0 Relocation Required
1
Description of Utility Relocation or Adjustments and E>dsting Major Structures Involved in the Project
NONE
FM Involvement
Is any airport located within 3.2 kilometers (2 miles) of the proposed project?
0 Yes ® No
1
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 1197
Agency
By
Page 3 of 3
Mayor/Chairperson
•
•
Washington State
• �lift
® Department of Transportation
Agency
CITY OF.YAKIMA
Local Agency Agreement
Address 129 North 2nd Street
Yakima, Washington 98901
Project No.
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 responslbility of the Local Agency.
Project Description
Name YVT ELECTRIC RAILROAD PRESERVATION Length
N/A
Termini Citywide
Description of Work
Restoration of substation building, including new roof, repair walls
and windows, provide heating and air conditioning, andbuild a public
restroom. Also, pave the parking lot, provide fencing, sidewalks,
landscaping, and security lighting.
*Federal participation in construction engineering (q) is limited to 15 percent of the total contract costs (line in, column 3).
The federal aid participation rate in this project will be determined by the Federal Government. The parties expect that it will be
percent however, it is understood that the .rate .may vary. The Local Agency agrees that this agreement is entered into without relying upon any
representation by the state made outside of this contract, or contained herein, as to what the federal participation rate will be. It further agrees
that it will not condition any future actions with respect to the project covered by this agreement upon past, current, or future representations as
to the federal participation rate. The dollar amount of federal participation cannot exceed the amount shown in line s, column 3. All costs not
reimbursed by the Federal Government shall be the responsibility of the Local Agency.
DOT Form 1411039
wee al95
1
Estimate of Funding
Type of Work;
co
EstimatedTotal
ProjectFunds
m
Estimated
AgencyFunds
a
Estimated
FederalFunds
PE a. Agency work
b. Other
18..c. 286 _.»....._..
29 .t5 0 0
500
2 c_4 6 9 »_._....
_,_ 29/ 5.0 0 _.
• 67
15, 817._..._
_. 0
433
c. State services
d. Total PE cost estimate (a+b+c)
48,286 .
32,036
16 , 25 0
Right of Way e. Agency work
f. Other
g. State services
h. Total R/W cost estimate. (e+f+g)
Construction i. Contract 85%
j. Other
._X42•„ .6.2....--.-_
. _ ..
.----.19-,.2.84----
---------•
19 , 286
_...3.2.3.,.5.7.6._......
..»»._............._._..»...._-
12 3, 5 7 6
k. Other
L Other
.142 , 862
m. Total contract costs (i+j+k+1)
ConstructionEngineering
n. Agency
o. Other •
....»2.1.a.71.1._,........._..
500
.............a...3.a.6.............
6 8
.....»:»2.1..a3.15._.»_.
432
p, State forces
q. Total construction engineering (n+o+p)
r. Total construction cost Estimate (m+q)
25 211
3, 4 0 4
- 21,807
168 , 073
22, 690
145,383
s. Total cost estimate of the project (d+h+r)
.216 , 359
: 54,726
161,633
*Federal participation in construction engineering (q) is limited to 15 percent of the total contract costs (line in, column 3).
The federal aid participation rate in this project will be determined by the Federal Government. The parties expect that it will be
percent however, it is understood that the .rate .may vary. The Local Agency agrees that this agreement is entered into without relying upon any
representation by the state made outside of this contract, or contained herein, as to what the federal participation rate will be. It further agrees
that it will not condition any future actions with respect to the project covered by this agreement upon past, current, or future representations as
to the federal participation rate. The dollar amount of federal participation cannot exceed the amount shown in line s, column 3. All costs not
reimbursed by the Federal Government shall be the responsibility of the Local Agency.
DOT Form 1411039
wee al95
1
Construction Method of Financing
(dud merhodselected)
State Ad and Award
O Method A — Advance Payment — Agency share of total construction cost (based on contract award)
O Method B — Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of
S 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
con-- November 18 19 97 . Resolution/ioA}tDWo olio. 8-97-152 / Controct No. 97-114
Agency Official Washington State Department of Transportation
By BY
Provisions
1. 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
11. 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 hill 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. AU 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 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 F=1140.039
Revised E 95
Assistant Secretary for TrenSAid
Date Executed
payment of any federal aid funds to the Agency. Copies of said
records shall be furnished to the State and/or Federal Government
upon request.
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs
on any classification of work on this project until authorized in
writing by the State for each classification The classifications of work
for projects are:
1. Preliminary engineering up to and including approval.
2. Preparation of plans, specifications, and estimates.
3. Right of way acquisition
4. Project constriction:
In the event that right of way acquisition, or actual construction
• of the road, for which preliminary engineering is undertaken is not
started by the closing of the tenth fiscal year following the fiscal year
in which the agreement is executed, the Agency will repay to the State
the sum or sums of federal funds paid to the Agency under the terms
of this agreement (see Section VIII).
The Agency agrees that all stages of construction necessary to
provide the initially planned complete facility within the limits of this
project will conform to at least the minimum values set by approved
statewide design standards applicable to this class of highways, even
though such additional work is financed without federal aid
participation
The Agency agrees that on federal aid highway construction
projects, the current federal aid regulations which apply to liquidated
damages relative to the basis of federal participation in the project
cost shall be applicable in the event the contractor fails to complete
the contract within the contract time.
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and
engineering costs and other expenses of the State, is to be paid by the
Agency and by the Federal Government. Federal funding shall be in
accord with the Intermodal Surface Transportation Efficiency Act
1991, Title 23, United States Code, as amended, and Office of
Management and Budget circulars A-102 and A-125. 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 AcquisiHon, and
Audit Costs
The Agency will pay for Agency incurred ousts 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 ep to the
2
s
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)
O 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 November 18th 1997 ,Resolution/Ordinance/Va.— R-97-152/Contract No. 97-1 1 4
December 16th, 19• -µJ_.'' -solution R-97-156
Agency Official ,h�,l(�*� µ`t Washington State Department of Transporta9n
Provisions City Clerk
1. Scope of Work
MY CONTRACT No:
ager
The Agency shall provide arfie TIOTIl, t abo , s
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.
Il. 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.
Qi. Project Administration
Certain types of work and services shall be provided by the State
on this project as requested by the Agency and described in the Type
of Work above. In addition, the State will furnish qualified personnel
for the supervision and inspection of the work in progress. On Local
Agency advertised and awarded projects, the supervision and
inspection shall be limited to ensuring all work is in conformance with
approved plans, specifications, and federal aid requirements. The
salary of such engineer or other supervisor and all other salaries and
costs incurred by State forces upon the project will be considered a cost
thereof. All costs related to this project incurred by employees of the
State in the customary manner on highway payrolls and vouchers shall
be charged as costs of the project.
W. Availability of Records
All project records in support of all costs incurred and actual
expenditures kept by the Agency are to be maintained in accordance
with procedures prescribed by the Division of Municipal Corporations
of the State Auditor's Office, the U.S. Department of Transportation,
and the Washington State Department of 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 for ransAid
d
Date Executed
5 �— -
payment of any federal aid funds to the Agency. Copies of said
records shall be furnished to the State and/or Federal Government
upon request.
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs
on any classification of work on this project until authorized in
writing by the State for each classification. The classifications of work
for projects are:
1. Preliminary engineering up to and including approval.
2. Preparation of plans, specifications, and estimates.
3. Right of way acquisition.
4. Project construction.
In the event that right of way acquisition, or actual construction
of the road, for which preliminary engineering is undertaken is not
started by the closing of the tenth fiscal year following the fiscal year
in which the agreement is executed, the Agency will repay to the State
the sum or sums of federal funds paid to the Agency under the terms
of this agreement (see Section VIII).
The Agency agrees that all stages of construction necessary to
provide the initially planned complete facility within the limits of this
project will conform to at least the minimum values set by approved
statewide design standards applicable to this class of highways, even
though such additional work is financed without federal aid
partidpation.
The Agency agrees that on federal aid highway construction
projects, the current federal aid regulations which apply to liquidated
damages relative to the basis of federal participation in the project
cost shall be applicable in the event the contractor fails to complete
the contract within the contract time.
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and
engineering costs and other expenses of the State, is to be paid by the
Agency and by the Federal Government. Federal funding shall be in
accord with the Intermodal Surface Transportation Efficiency Act
1991, Title 23, United States Code, as amended, and Office of
Management and Budget circulars A-102 and A-128. The State shall
not be ultimately responsible for any of the costs of the project. The
Agency shall be ultimately responsible for all costs associated with the
project which are not reimbursed by the Federal Government.
Nothing in this agreement shall be construed as a promise by the State
as to the amount or nature of federal participation in this project.
1. Preliminary Engineering,RightofWayAcquisition,and
AuditCosts
The Agency will pay for Agency incurred costs on the project.
Following such payments, vouchers shall be submitted to the State in
the format prescribed by the State, in quadruplicate, not more than
one per month. The State will reimburse the Agency up to the
•
y
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
whidi were not reimbursed by the Federal Government (see
Section VIII).
2 ProjectConetructionCosta
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 contrail, 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 mad
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 frmt 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
fonnat 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 Load 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
naative 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 al85
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 tolhe
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 alt
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
XL 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 contrail or understanding, a notice to be provided
by the Agency advising the said labor union or workers'
representative of the contractor's commitments under this Section
11-2 and shall post copies of the notice in conspicuous places available
to employees and applicants for employment
(d) The contractor will comply with all provisions of Executive
Order 11246 of September 24,1965, and of the rules, regulations, and
relevant orders of the Secretary of Labor.
(e) The contractor will furnish all information and reports
required by Executive Order 11246 of September 24, 1965, and by the
rules and regulations and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and
accounts by the Federal Highway Administration and the Secretary of
Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders. •
(f) -In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations or orders, this contract may be canceled, terminated, or
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
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24,1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(g) The contractor 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 Administration may direct as a
means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that in the event a contractor
becomes involved in, oris threatened with, litigation with a
subcontractor, he may request the United States to enter into such
litigation to protect the interests of the United States.
The Agency further agrees that it will be bound by the above
equal opportunity 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.
XII. Liquidated Damages
The Agency hereby agrees that the liquidated damages
provisions of 23 CFR Part 630, Subpart 305, as supplemented, relative
DOT Form 140-039
Rev ged 8f95
to the amount of Federal participation in the project cost, shall be
applicable in the event the contractor fails to complete the contract
within the contract time. Failure to include liquidated damages
provision will not relieve the Agency from reduction of federal •
participation in accordance with this paragraph -
XIII. Termination for Public Convenience
The Secretary of the Washington State Department of
Transportation may terminate the contract in whole, or from time to
time in part, whenever.
(1) The requisite federal funding becomes unavailable through
failure of appropriation or otherwise.
(2) The contractor is prevented from proceeding with the work
as a direct result of an Executive Order of the President with respect to '
the prosecution of war or in the interest of national defense, or an
Executive Order of the President or Governor of the State with respect
to the preservation of energy resources.
(3) The contractor is prevented from proceeding with the work
by reason of a preliminary, special, or permanent restraining order of a
court of competent jurisdiction where the issuance of such order is
primarily caused by the acts or omissions of persons or agencies other
than the contractor.
(4) The Secretary determines that such termination is in the best
interests of the State.
XIV. Venue for 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 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, US. 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
RESOLUTION NO. R-95. 154
A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute
an agreement finalizing funding through the S.T.EP. program for YVT
Electric Railroad Restoration.
WHEREAS, the City of Yakima desires to restore America's last remaining turn -of -the -
century interurban electric railroad; and
WHEREAS, the City of Yakima wishes to retain YVT 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.LA. Board has previously requested and been authorized by City
Council to spend matching monies from the Trolley Capital 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 restore 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 execute the attached
Federal Aid Prospectus and Local Agency Agreement.
ritA-
ADOPTED BY THE CITY COUNCIL this day of , 1995.
S/ PATRICIA A. BERNDT
Mayor
ATTEST:
Is/ KAREN S. ROBERTS, CMC
City Clerk
V71Washington State
Department of Transportation
• Federal Akl
project Number*.
Federal Aid Project Prospectus
Pres
ROUE*
STPE
1485
Date
Local Agercy
Project Number
Agency
CITY OF YAKIMA
FederalProgramilie
0 202o4 10 20.205 0 202os
1 20209 •
Project The
YVT ELECTRIC R/R RESTORATION
Project Termini From .,To
N/A
N/A •
From: MP To: MP
N/A
Length of Project fig Mks
6 U Kilometers
Award
Type
Local 1 Lccal Fates 0 State 0 Ralroed
El
Federal Agency
Cly Number
1485
County Number
39
County Name
YAK IMA
DOT Reglan
SOM.! CENIRAL
C51 FHWA III Others
EIS CE EA
Co:egressions' Distill
- 4
Legislative Districts
14
Urban Area Number '
5
TMA 1 MPO / RTPO
YVCOG
Di igi II • III
P.E.
. 2,500
500
2,000
80.0
10/95
RNV
0
0
0
386,803
77,361
309,442
80.0
10/95
Total
, 389,303
77,861
311,442
rflei.CrijOtiOn Ed3tlfig Datign anti pretentcorid.itton
goacheay Width
N/A
Number of Lanes
N/A
Yakima Valley Transit is a six-rnile electric railroad connecting Yakima
and Selah. The track, rolling stock, overhead wire and buildings are all
original and in an advanced state of deterioration.
Diptl�flof I:100634d.
ONew Construction '0 3-R D.2 -R
RudimiyMidth
N/A
Nanbet of Lanes
N/A
Restore and replace deteriorating elements of the overhead electrical
contact system by removing and replacing support poles. Replace trolley
wire and associated support hardware, relocate feeder wire and repair
supporting structures.
LocWAgencyCOritaotPeram
Fred French
'Title
City Engineer
Phx*
(509)575-6096
•
1
MaiIirgAdirwm
129 No. 2nd Street.
Yakixre
WA
ZIP Cox*
98901
Location and Design Approval
(CA Agencies Only)
By
Approving Authority
Title bate
opy orm141040A
ftwWWIUM
Page 1 of 3
CITY OF YAKIMA
Pre 'Me p.te
YVT ELECTRIC R/R RESTORATION
Geometric Design Data
Description .
Through Route
Crossroad
Federal
Functional
Classification
Urban
Rural
❑ Princ pal Arterial
OfAnor Arterial
Collector
OMajor Codector
Winor Cc ector
0 Access Street/Road
Urban
Rural
O Principal Arterial
O Minor Arterial
O Collector
O Major Collector
O trsnor Collector
O Access Street/Road
Terrain
O Flat O Rol O Mountain
O Flat O Rol O Mountain
Posted Speed
Design Speed
Existing ADT
Design Year ADT
Design Year
Design Hourly Volume (DHV)
Accident- 3 Year.Ezper�ence
Year
Property
Damage
Accidents
Injury Accidents
Fatal Accidents
Number of
Accidents
Number of
Injuries
Number of
Accidents
Number of
Fatalities
Total Number
of Accidents
Total Number of Accidents Attributable to. Lack of having the Proposed improvement
Performance of Work ' 1
Preliminary Engineering Wilt Be Performed By
N/A
Others
Agency
96
Cortstructon Wfl Be Performed By
YILA (Yak. Interurban Lines Assoc.)
Contract
. 96
AflencY
100 %
Environmental Considerations
Catagorical Exclusion
E] Check if No RNV is Required - (DOT Form 262-060 and Endorsement mud be on foie with the CA Agency refer to Chapter 25 LAG manual)
Right of Way and Relocation
Water Area Involvement
None
DOT Fem+ 14O. aA
P.'. .E 911W
Page 2 of 3
•
Washington State
�® Department of Transportation
Local Agency Agreement
Agency CITY OF YAKIMA
Address 129 No. 2ndStreet
Yakima, WA 98901
Project No.
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, US. 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. AU project costs not
reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Naive YVT ELECTRIC R/R PRESERVATION Length
Termini City wide
Description of Work
Restore and replace deteriorating elements of the overhead electrical
contact system by removing and replacing support poles, replace trolley
wire and associated support hardware, relocate feeder wire and repair
supporting structures.
• Type -of Work
Estimate of Funding .
a)
Estimated Total
Project Funds
w
Estimated
Agency Funds
w
Estimated
Federal Funds
PE a. Agency work .
b. other
_..._........_ 2,000
_.......__...._._
500
-- ...... 400...._.
.._._..._.._......_..._.__...._
100
_..._ 1.r.& O
•
...._._._.-._.......
400
c. State services
d. • Total PE cost estimate (a+b+c)
2,500
500
• 2,000
Right of Way e. Agency work
L. Other
_.........._....____..__.__
...__......-_._...._-.... —.__
....._..__._..._._
-.... ---- -----
-------------
g. State services
.
h. Total R/W cost .estimate (e+f+g) .•
Construction i. Contract
i, ate YILA FORCES
..._._ ---------
385.303..___
- ... ......:..._.._ _ �_. __
__._......_. _ _ ___
385,303
.----.-..-
_...._.L.2.7.,O6-1___:_
_...__._---- _._._._.._
..__ . _.._ ... ___,_
77.061
__._:-308,.242._-
____._-.__._.._._.___.
_._—_.__-.___--.
30ft242
k. Other•Other
1-
m. Total contract costs G+j+k+D
uct
_Constrion Engineering •
n. Agency
o. Other
.
......__...._.].,DDD_......._
___.
500
___._...__200.__._
.._............803._:
400
p. State furors
q. Total construction engineering (n+o+p)
r. Total construction cost Estimate (m+q)
100
1► 500
300
1, 200
386,803
77,361
309,442
s. Total cost estimate of the project (d+h+r)
389. 303
77 RF,1
'a 1 1__dd�
, 'Federal participation in construction engineering Icy) is limited to 15 percent of the total contract costs (line m, column 3).
The federal aid participation rate in this project will be determined by the Federal Government The parties expect that it will be 80.0
percent; however, it is und
erstood.that the rate may vary. The Local Agency agrees that this agreement is entered into t+ithout 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
PeAsed11A4
Construction Method of Financing
(cid J ow( hod selected)
State Ad and Award
O Method A — Advance Payment - Agency share of total construction cost (based on contract award)
O Method B — Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of
S at S . per month for months
Local Force or Local Ad and Award
Q 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
Oft ,19 , Resolution/Ordinance No.
Agency Official
By
Provisions
1. 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 FederalHighway
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. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal
Government by the administration of the 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. AU 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 aU 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 US. 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 code available for such
inspection for a period of not less than three years from the final
DOT kern 140-039
Re,esed1 1/94
2
Washington State Department of Transportation
By
Assistant Secretary for TransAid
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. Compllance with Provisions
The Agency shall not incur any federal aid participation casts
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 shaU 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 aU 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, es 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
roject.Following payment, the State shall bill the Federal Government for
reimbursement of those crusts 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. 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 contrail 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 ib 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 casts 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 casts incurred on the project..
The State shall bill the Agency for all casts 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 V11D.
VII. Audit of Fodoral.Afd 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 -i28.
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).
Vill. Payment of Billing
The Agency agrees that if payment or arrangement fur payment
of any of the State's billing relative to the project (e.g.. State force work.
project cancellation over}ayment, cost ineligible for federal
DOT Form 140-039
Revved 11/94
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 Motoi Vehicle Fund. No additional Federal project
funding will be approved until full payment is received unless
otherwise directed by the Assistant Secretary for local Programs.
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 FederalHighway Administration and MUTCD. The
Agency will. at its own expense, maintain the improvement covered
by this agreement
X. Indomdty
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 win 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, ban,
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 dause. •
(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 contractors 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 Sci etary of Labor, or
pursuant thereto, and will permit access to his books, records, and
accounts by the Federal Highway Administration and the Secretary of
3
Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
(0 In the event of the•eontractor's noncompliance with the
nondiscrimination dauses of this contract or with any of such rules,
regulations or orders, this contract may be canceled, terminated, or
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 sudi other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24,1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(g) The contractor 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 Administration may direct as a
means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that in the event a contractor
becomes involved in, or is threatened with, litigation with a
subcontractor, he may request the United States to enter into such
litigation to protect the interests of the United States.
• The Agency further agrees that it will be bound by. the above
equal opportunity 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 dause 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 info 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 11, 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
(b) Refrain from extending any further assistance to the Agency
tender 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.
XII. Lloiridated Damages
The Agency hereby agrees that the liquidated damages
provisions of 23 CFR Part 630, Subpart 305, 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 contr
within the contract time. Failure to include liquidated damage
provision will not relieve the Agency from reduction of federal
participation in accordance with this paragraph.
XIII. Termination forPublic Convenience
The Secretary of the Washington State Department of
Transportation may terminate the contract in whole, or from time to
time 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 preservationof energy resources.
0) 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"agendes other
than the contractor.
(4) The Secretary determines that such termination is in the best
interests of the State.
XIV. Venus 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.
XV. Certification Regarding the Restrictions of the Use
of Federal Funds for Lobbying
The approving authority certifies, to the best of his or her
knowledge and belief, that:
(1) No federal appropriated funds have been paid or will b
paid, by or on behalf of the undersigned, to any person for inflia
or attempting to influence an officer or employer of any federal •
agency, a member of Congress, an offixr 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 office or employer 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
aU tiers (induding subgrants, and contracts and subcontracts under
grants, subgrants, loans, and cooperative agreements) which exceed
5100,000, and that all such subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fad upon which
reliance has 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, US. Code. Any
person who fabs to file the required oertif radon shall be subject to a
civil penalty of not less than 410,000 and not more than 5100,000 for
each such failure.
Additional Provisions
•
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. If?
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 fundina
Funding Source: Trolley Fund
APPROVED FOR SUBMITTAL: �� •�
ity Manager
STAFF RECOMMENDATION:
Pass attached Resolution..
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
RESOLUTION 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 Kis 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 execute the
attached Federal Aid Prospectus and Local Agency Agreement.
ADOPTED BY THE CITY COUNCIL this 18th day of November , 1997.
SI JOHN PUCCINELLI
John Puccinelli, Mayor Pro Tem
ATTEST:
/S/MELYNN SKOVALD
Acting. City Clerk
•
•
YAKIMA VALLEY
CONFERENCE : OF GOVERNMENTS
6 South 2nd Street. Suite 605
Yakima. Washington 98901 •
509-574-1550 • FAX 579-1551
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 1eter formal notification of the fact that the City of Yakima's
Transporation Enhancement project involving completion of the YVT Electric Railroad
Preservation has been funded by the statewide Enhancement Advisory Committee.
A total of S161,633 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,
2ek
Lon D. Wyrick
Executive Director
MEMBER JURISDICTIONS
Grandview • Granger • Harrah • Mabton • Moxee • Naches • Selah
_ _ .t__., . w•r ate • Yakima • Yakima County • Zillah
TITLE: COMPLETION OF HISTORIC YVT RAILROAD PRESERVATION
APPLICANT: City of Yakima
PROJECT DESCRIPTION:
- 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.
REGIONALILOCAL 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%
•
t
Washington State
Department of Transportation
Federal Aid TPE
ProjectNumber'
Local Agency
1793
Project Number .
Prefbc
S
Agency
CITY OF YAKIMA
Route
1485
Local Agency Federal
Aid Project Prospectus
•
iR
iFederat Employer
Tax ID Number
Federal Program The
0 20204 I) 20.205 0 20.206 0 20209 ❑
Project Title
YVT Electric Railroad Preservation
ITO
Project Termini From
To:
Federal Agency
]�] FHWA ❑ Others
Congressional District
N/A
Length of Project
N A
City Number
1485
4'.
N/A
Awaid Type
❑ Local R Lod Forces ❑ Site ❑ Railroad
WSDOT Region
South Central
County Number
39
Com Na
Yakima
Legislative Districts I Urban Area Number
14.. '5
P.E
RW
siimatud,Ccs
{NeaiesxPoiI&)`
48,286
0
Local A `-r.;;P
,iia
32,036
0
TMA/MPO/RTPO
YVCOG
Const 168,073
22,690
16,250
0.
145,383
33.7
Total 1 216,359
Description of Existing 'Faciiil
Roadway Width
N/A
54,726
161,633
86.5
•,' • oitiditon�E
Exisfmrgresign:-and��Pr.,sent�C. ,,,., ., „ .��,,,.�
Number of Lanes N/A
Yakima Valley Transportation Co. is. a 6 -mile electric railroad connecting Yakima
4th Selah. The track, rolling stock, overhead wire system, and buildings are all
riginal and in an advanced state of deterioration. The 1910 vintage substation
building houses YVT's power generating equipment as well as its historical archives
and museum displays.
'Description :o
Roadway Width
N/A
Number of Lanes
N/A
] New Construction ❑ 3-R ❑ 2-R
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.
Local Agency Contact Penson
Fred French
Mailing Address
129 North 2nd Street
Design Approval
(CA Agencies Only)
DOT Form 140.101 ff
Revised VP
By
Phone
(509) 575-609E
ITee
City Engineer
IC4 .Isaw Zips
Yakima WA 98901
Title
Ammirckomity
Date
Page 1 of 3
Agency
CITY OF YAKIMA
Project The
YVT Electric Railroad Preservation
Date
Fatal Accidents •
Number of
Accidents
•
11111111111111
11111.111111111111111111
�-•-r,ofigriden�s-� .� ����.:o�hauinrtfePra'edi
coYeIn
11111.1111111111
,. :,tee......_._
ri
t erfgcma ncelei t-ci,.�i ' . : e..
Pmfnunary Engineering Will Be Performed By
CITY OF YAKIMA
Construction Will Be Performed By
Contract
Centred
100%
: ant ai• C1asstficati.o
❑ Final 0 Preliminary
❑ Class 1- Environmental Impact Statement (EIS)
0 Project Involves NEPNSEPA Section 404
• Interagency Agreement
❑ Class III - Environmental Assessment (EP)
❑ Project Involves NEPNSEPA Section 404
Interagency Agreement
® Class D - Categorically Exuded (CE)
0 Projects Duet (Z3C R 771.117(c))7Doern for F'HWA
❑ Projects Requiring Documentation Without
Further FHWA Approval (FHWAJWSD07 MOU
dated V90)
0 Projects that Require Dociumenta5on and FHWA
Approval (Documented CE)
ErrAronmental Considerations
D07 Pone 144707 EF
w+t..e U87
Page 2of3 •
1
•
•
1Agency CITY OF YAKIMA
PraOct Title 'Dee
YIT Electric Railroad Preservation 1
® No Right of Way Required
• All construction required by the
contract can be accomplished
within the existing right of way.
❑ Right of Way Required
0 No Relocation
❑ Relocation Required
Description of Utility Relocation or Adustrnerts and Existing Major Structures involved in the Project
NONE
FAA Involvement Yes NO
Is any airport located within 32 kilometers (2 miles) of the proposed project? ❑
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 'tom iscAa, EF
noised VP
Agency
By.
CITY OF YAKIMA
Page 3of3
mrsortMetryrson
m.mu Washington State
-I; Department of Transportation
Agency CITY OF YAKIMA
Address 129 North 2nd Street
Local Agency Agreeme
Project No.
Agreement No.
Yakima, Washington 98901 . 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, US. Code Highways, (4.
the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102 and A-128, (4) the polices 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 responsib�ty of the Local Agecy.
Project Description ' N�A
YVT ELECTRIC RAILROAD PRESERVATION �th
Name
Termini
Citywide
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.
Estimate of Funding
Type of Work
PE a. Agency work
b. Other
c. State services
d. Total PE cost estimate (a+b+c)
EstimatedTotal
FrojectFunds
18/286
291500
500
Estimated
Agency Funds
48,286
21469
29,500
67.-
32,036
732,036
Estimated
FederalFunds
15/817
0
433
16,250
Right of Way e. Agency work
f. Other
g. State services
h. Total R/W cost estimate (e+f+g)
Construction i. Contract 85%
j. Other
k Other
L Other
m. Total contract oasts (i+j+k+1)
C,onstruetion ague Bring
n. Agency
o. Other
p. State forces
q. Total construction engineering (n+o+p)
r. Total construction cost Estimate (m+q)
�42�r862--------
---48.228b
142,862
__Z4,711
19,286`-
123 576
3.336 .
-500
25,211
68
3,404
168,073
22,690
s. Total cost estimate of the project (d+h+r)
216,359
54,726
432
21,807
145,38
161,63
'Federal particpation in construction engineering (q) is limited to 15 percent of the total contract costs (line m, column 3).
The federal aid participation rate in this project will be determined by the Federal Government The parties expect that it will be
percent; however, it is understood that the rate may vary. The Local Agency agrees that this agreement is entered into without relying upon any
representation by the state made outside of this contract, or contained herein, as to what the federalation rate will be. It further agrees as
that it will not condition any future actions with respect to the project covered bythis agreement upon , current, or future rep btoriss
to the federal participation rate. The dollar amount of federal pamapation cannot exceed the amount t i in line s, column 3. All costs not
reimbursed by the Federal Government shall be the responslbrlity of the Local Agency.
Construction Method of Financing
idem gums, )
State Ad and Award
O Method A — Advance Payment — Agency share of total construction cost (based on contract award)
O Method B — Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of
!i at S per month for months
Load Force orLocal Ad and Award
Method C — Agency cost incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and polities 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 .19 . Resolution/Ordinance No.
Washington State Department of Transportation
Agency Official
eY
Provisions
1. 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 end 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 proceduresof the State and edera1
Highway Administration.
ly
11. Delegation of Authority
The State is willing to fulfill the responsi h Are Federal
Government by the administration of this prof Agency gra
that the State shall have the full authority to carry
out
t thisadministration. The State shall review, process, 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. Protect Administration State
Certain types of work and services shall be providedby
the 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 =fortunes with
approved plans, specifications, and federal aid requirements. .
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 shall
• State in the customary manner on highway payrolls
be charged as costa of the project.
IV. Availability of Records
Ail project records in support of all costs incur ed and actual
eflcpenditures 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 US. Department of Transport
and the Washington State Department of Transports
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 hoot the final
DOT Fenn 140459
Awned leas
Assistant Secretary for TransAid
Date Executed
payment of any federal aid funds to the Agency. Copies of said
records shall be furnished to the State and/or Federal Government
upon request
V. : Compliance with Provisions
The Agency shall not incur any federal aid participation costs
on any classification of work on this project until authorized in
writing by the State for each classification. The classifications of work
for projects are
1. Preliminary engineering up to and including approval.
2. Preparation of plans, specifications, and estimates.
3. Right of way acquisition
4. Project construction.
In the event that right of way acquisition, or actual construction
of the road, for which preliminary engineering is undertaken is not
started by the dosing 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 dass 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 alt 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
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 coats of the project. The
Agency shall be ultimately responsible for alt costs associated with the
project which are not reimbursed by the Federal Government.
Nothing in this agreement shalt be construed as a promise by the State
as to the amount or nature of federal participation in this project
1. Preliminary Engineering, Right ofWay Acquisition, and
AuditCosb
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 taonth. The State will reimburse the Agency up to the
2
amount shown on the face of this agreement for those costs eligible for•
federal participation to the extent that such costs are directly attstbut-
able and properly allocable to this project. Expenditures by the Lod
Agency for the establishment, maintenance, general administration.
supervision, and other overhead shaU 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 cysts are attributable and properly allocable to this
project The State shall biU the Agency for that porton of State costs
which were not reimbursed by the Federal Government (see
Section Vin).
2. PrejectConatrueNonCosb •
will be accomplished one
Project construction financing P by
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 contrail, 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 a act
amount to be deposited with the State. The State will pay all costs
incurred under the contract upon presentation of progress billinp
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 corer 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 orient
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. State
The State shall bill the Agency for all costs incurred by the
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 aervices 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 the WSDOT Internal Audit
An audit shall be condtreied by
Office in accordance with generally accepted govarunental auditing
standards as issued by the United State General Accounting Office by
the Comptroller General of the United States; WSDOT Directive
D27-50, Consultant Authorization, Selection, and Agreernen
t
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 crass
participation (see Section VIII).
Viti. Payment of 'Ming
The Agency agrees that if payment or arrangement for payment
of any of the State's billing relative to the project (e.g., State (orae 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 refit of
total sum due from the regular monthly fuel tax allotments tithe
Agency from the Motor Vehicle Fund. No additional Federal p
funding will be approved until full payment Is received unless
ry
otherwise directed by the Assistant Secreta
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 mar not in cos formance with the standards
approved by the Federales sway Administration and MUTcD. The
Agency will, at ib own expense, maintain the improvement coveted
by thus 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 equityt ht against s
the Agency, State, or Federal Government, arising B
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 fromthe 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
incorporated into any contract for construction work or.modifir
•
thereof, as defined in the Hiles and regulations of the Secretary
Labor at 41 CFR Chapter 60, which is paid for in whole or in part ,
funds obtained from the Federal Government or borrowed on the
credit of the Federal Government pursuant to a grant, contract, bar.
insurance, or guarantee orunderstandingpursuant to any federal
such involving sucontract. loan, insurance, or guarantee.
the following equal opportunity nity clause:
'DURING THE PERFORMANCE OF THIS CONTRACT,THE
CONTRACTOR AGREES AS FOLLOWS:'
(a) The contractor will not disaiminate 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
employment without regard to their race, color, religion,
national origin. Such action shall include, but not be limited to, the
following employment: upgrading. demotion or transfer; recndtment
or rerniitment 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
nonduseimination clause.
(b) The contractor wnl, 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, coker, relig ions, sac or national origin
(c) The contractor will send to each labor union or
representative of workers with which he has a colledive BBQ
agreement or other contract or understanding,
a notice to be by the Agency advising the said labor union or workers'
representative of the contractor's commitmerds underdP Section
11-2 and shall post copies of the notice in
liable
to employees and applicants for employment. ed Executive
(d) The contractor will comply with all provisions
Order 11246 of September 24,1965, and of the nukes, regutati(rh1
relevant orders o the Secretary of labor. ■
(e) The contractor will furnish all information and
required by Executive Order 11246 of September 24, , a
rules and regulations and orders of the Secretary
of pursuant thereto, and will permit access to his books, records, and
accounts by the Federal Highway Administration and the Secretary of
DOT Form n
Revised toss
•
•
Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
(f) in.the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations or orders, this contract may be canceled, terminated, or
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
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24,1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(g) The contractor 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 Administration may direct as a
means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that in the event a contractor
becomes involved in, or is threatened with, litigation with a
• subcontractor, he may request the United States to enter into such
litigation to protect the interests of the United States.
The Agency further agrees that it will be bound by the above
equal opportunity 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, regulation, 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 contractors antion of d
equal opportunity clause as may be imposed upono
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.
XII. Liquidated Coinages
The Agency hereby agrees that the liquidated ��� relative
.provisions of 23 CFR Part 630, Subpart 305, as suPe
DOT Form 140.039
ReviseC B 5
to the amount of Federal participation in the project cost, shall be
applicable in the event the contractor fails to complete the contract
within the contract time. Failure to include liquidated damages
provision will not relieve the Agency from reduction of federal •
participation in accordance with this paragraph.
XIII. Termination for Public ConvenlefCS
The Secretary of the Washington State Department of
Transportation may terminate the contract in whole, or from time to
time in part, whenever.
(1) The requisite federal funding becomes unavailable through
failure of appropriation or otherwise.
(2) The contractor is prevented from proceeding with the work
as a direct result of an Executive Order of the President with respect to
the prosecution of war or in the interest of national defense, or an
Executive Order of the President or Governor of the State with respect
to the preservation of energy resources.
(3) The contractor is prevented from proceeding with the work
by reason of a preliminary, special, or permanent restraining order of a
court of competent jurisdiction where the issuance of such order is
primarily caused by the acts or omissions of persons or agencies other
than the contractor.
• (4) The Secretary determines that such termination is in the best
interests of the State.
XIV. Venue for 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 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 Foam -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 subrecipienta 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, US. 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 $100000 for
each such failure
Additional Provisions
4
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT 9Item No.
For Meeting Of 12/16/97
ITEM TITLE: Resolution authorizing execution of agreements for STP(E) funding
for YVT Electric Railroad Preservation.
SUBMITTED BY: Glenn Valenzuela, Director, Dept. of Community and Economic Develop
CONTACT PERSON/TELEPHONE: Robert Desgrosellier, Senior Engineer / 575-6228
SUMMARY EXPLANATION:
Background:
In 1995 the City applied for and received approval of $472,585 in combined Service in Transportation
Enhancement Project (S.T.E.P.) and Surface Transportation Program (Enhancement) S.T.P.(E) Funds
for YVT Electric Railroad Restoration and Preservation Projects. Resolution R-95-154 authorized the
City Manager to enter into agreements with funding authorities to accept funding and to commit
matching funds in the amount of $118,147.
In 1997 the City applied for and received approval of $161,633 in Surface Transportation Program
Enhancement S.T.P.(E.) funds for preservation of the YVT Substation (Car Barn) building and
improve the adjacent parking lot. Resolution R-97-152 authorized the City Manager to enter into
agreements with funding authorities to accept funding and to commit matching funds in the amount of
$54,726. Of this match amount, $29,500 has already has been expended in conjunction with other
recent YVT Restoration and Preservation projects, but is allowed as a demonstration of the City's
financial commitment in this program.
(continued)
Resolution X Ordinance _ Contract _ Other (Specify): R-95-154, R-97-152,
Local Agency Federal Aid Prospectus and Local Agency Agreement
Funding Source: Trolley Fund
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Pass attached Resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
ITEM TITLE: Resolution authorizing execution of agreements for STP(E) funding
for YVT Electric Railroad Preservation.
(continued)
Federal funding from the Restoration and Preservation projects, authorized by Resolution R-95-154,
has been allowed to be de -obligated from these projects. The Engineering Division has been working
with the WSDOT TransAid office who reviewed and concurred that the de -obligated funds from these
projects can be combined with the (Car Barn) Preservation project funding from Resolution R-97-152.
These re -obligated funds are allowed specifically to address pier scour problems on the YVT bridge
crossing the Naches River. Re -obligated federal funds are in theamount of $16,809 with a local match
of $2,623.
The attached Resolution is authorization for the City Manager to enter into agreement with funding
authorities to de -obligate funds from earlier projects and re -obligate funding to the new (Car Barn)
Preservation project while maintaining the current commitment of matching funds.
Washington State
Department of Transportation
[1(sicii
LOCAL AGENCY AGREEMENT
SUPPLEMENT /40. 1
Federal Aid Project NumberSTPE— 1 4 8 5 (008 )
The Local Agency of
and executed on - • -
effect except as expressly modified .y this supplement.
The changes to the agreement are described as follows:
PROJECT DESCRIPTION
YVT ELECTRIC R/R RESTORATION
YAKIMA
desires to supplement the agreement entered into
as identified above. All provisions in the basic agreement remain in
Name
Termini
Citywide
Description of Work
Same
Length
N/A
Reason for Supplement
Deobligate/shift funds to reflect actual project costs. A
portion of deobligated funds will go to STPE-1485 .(007)
-- -- --
ESTIMATE OF FUNDING
t 1 .' ..... (Z) 4 ESTIMATED
TYPE OF WORKESTIMATED TOTAL
ESTIMATED FEDERAL FUNDS
PREVIOUS AGREEMENT/ SUPPLEMENT PROJECT FUNDS AGENCY FUNDS
SUPPLEMENT
96D_
RE. a. Agency Work
b. Other ----
c. State Services
d. Total PE Cost Estimate a+b+c
Right -of -Way
e. Agency Work
f. Other -- --- -
g. State Services
h. Total RNV Cost Estimate (e+f+g)
Construction
I. Contract
Other YILA FORCES__
k. OtherI. Other ._. __.—_-----------
m. Total Contract Costs (i+j+k+I)
Construction Engineering
n. Agency
0. Other _. ----_-----
p. State Forces
q. Total Const. Engineering (n+o+p)
r. Total Const. Cost Estimate (m+q)
s. TOTAL COST ESTIMATE
OF THE PROJECT (d+h+r) 389,303 i 105,828)
t*__Federal articl atian in Construction Engineering (q) is limited to 15% of the Total Contract Costs. (ling
p P oiicies and procedun
The local agency further stipulates that pursuant o said Title comply gwith ulatlthe applicable provisions. O
ons and
payment Federal funds obligated, it -WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
,111
500
2 500
2,800
• 385,303
1,000
500
-- 1 , 500
386,803
0
2 8.1
$
169,30V_
53,-17.5__
116,128)
7500
Inn
0
7,500
108,628)
-53, 1.75.-----1-0-r635--
26 53 8
8t5_00_.
500
000
278,175
283,475
100
1S
55 635
3-,-840-.
4
17-2,80-0-
---42, 54�
—4_0_0 —411D —
* --
111
56L695 226_
__780
AGENCY
By:
Local A9
RICHARD A. ZAIS
ATTEST:
DOT Form 140-041
Revised 8195
By:
City Clerk CITY CONTRACT NO: ....11114±.._
RESOLUTION NO:
AM. Washington State
WE Department of Transportation
Av
LOCAL AGENCY AGREEMENT
SUPPLEMENT NO. 1
The Local Agency of
and executed on supplement.
Theeffect except as expressly modified by this
The changes to the agreement are described as follows:
PROJECT DESCRIPTION
YVT R/R TRACK, ET AL PRESERVATION
anuar
desires to supplement the agreement entered into
as identifiedabove. All provisions in the basic agreement remain in
Name
Termini Citywide
Description of Work
Length
N/A
S ame
Reason for Supplement
Increase funding to reflect actual project costs. Transfer
funds from STPE-1485 (008)
TYPE OF WORK
P.E. a. Agency Work
b. Other
c. State Services
d. Total PE Cost Estimate
Right -of -Way
e. Agency Work
f. Other
g. State Services
h. Total RMI Cost Estimate (e+f+g)
Construction
1. Contract
j. Other YILA FORCES
k. Other --.-_-- - ---
I. Other
m. Total Contract Costs (i+j+k+l)
Construction Engineering
n. Agency
o. Other ____---------
p. State Forces
q. Total Const. Engineering (n+o+p)
r. Total Const. Cost Estimate (m+q)
PREVIOUS(1) AGREEMENT/
SUPPLEMENT
ESTIMATE OF FUNDING
(4)
(2) . _ ... (3)
ESTIMATED TOTAL ESTIMATED
SUPPLEMENT PROJECT FUNDS AGENCY FUNDS
(5)
ESTIMATED
FEDERAL FUNDS
4,
4,960
a+b+c
.198,4 29
267,125
_
213,_7.0.0.-
267,125
281,625
2 900
56,325
s. TOTAL COST ESTIMATE
OF THE PROJECT (d+h+r) 201,429 86,396 287,825 57,5
* Federal participation in Construction Engineering (q) is limited to 15% of the Total Contract Costs. (line m, column 5)
The local agency further stipulates that pursuant to said Title 23, regulations and poli policies and ocedures, and as a condition to
pa ment of the Federal funds obligated, it accepts ,� will comply with the applicableprovisions.
WASHINGTON STATE
.' .0,1:14f, '
AG�' � ii._. DEPARTMENT OF TRANSPORTATION
BYIkaal Agency Offici=,'USEAL4
'4k ,I By: 1.�l�� - "P . (�
RICHARD A. Z A I S t Assistantoldecretary' for nsAid=
'l►M" �_.
213 700
.11_,.2.00__.1
225 300
230 260
ATTEST:
DOT Form 140-041
Revised 8/95
City Clerk
` f.1
Date Executed
cfTY coNTRACT No:
91:7 V49
RESOI UTIDN NO:
Washington State
r,/► Department of Transportation
Agency
Date
Local Agency Agreement Supplement
Supplement Number 1
Federal -Aid Project Number
CITY OF YAKIMA ! STPE-1485 (009)
08-27-98
The Local Agency of CITY OF YAKIMA
and executed on 03-20-98
effect except as expressly modified by this supplement.
;Agreement Number
LA 3911
desires to supplement the agreement entered into
as identified above. All provisions in the basic agreement remain in
The changes to the agreement are described as follows:
Project Description'
Name YVT ELECTRIC RAILROAD 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
Agreement/Suppl.
2U,229
cLr
Supplement
0-)-(4)�
Estimated Total
Project Funds
20,229
Estimated Agency!
Funds
2,•13'x1
t5l
Estimated
Federal Funds
17,498
et a. AgencyWb7rc
b.er
29,500
29,500
29,500
0
• c. State Services
500
500
67
433•
d. i ZitaRjE Cost Estimate (a+b-i-c)
50,229
50,229
32,298
17,931
Right of Way
e. Agency Work
.0
f. Other
• 0
g. State Services
0
0
h. Total RIW Gost Estimate (e+f+g)
v
Construction
I. Contract
161,949
0
(20, 000)
20,000
'141,949.
20,000
19,163
2,700 ;
122,786
17,300
j. Other Agency Work
k. Other
0
1. Other
0
m. Total Contract Costs 0+j+k+1)
161,949
161,949-
21,861
140, 086
Construction Engineering
i
n. Agency Work
23,113
23,113
3,120 j
19,993
o. Other
0
0
0
0
p. a e orces
500
500
68
432
q. Tdtal Construction Engineering (n+o+p)
23; 613
185,562
23,'613
185,562
3,188
25,051 1
20,425
160,511
r. Total Construction Cost Estimate (m+q)
s. Total Project Cost Estimate (d+h+r)
235,791
0
235 791
57,349 . •
178 , 442
e• era pa icipa on in ons. cu ion ngineenng ine q is:imi e. to ' o
o 't e ota on a os s ine m, co umn
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.
AGENC ICI L.
By
gefIcY
Title RICHARD? A. ZAIS, CI
DOT Foran 140.041 EF Date: •
Revised 10197
WASHINGTON STATE
DEPARTMENT OF TRANSPORT TION
By
Date
Assistant or4wlud/ %
8EP 3 0 1998
Date Exacted
MEMORANDUM
9/21/98
: Dick Zais, City Manager
rom: Bob Desgrosellier, Senior Engineer
Re: YVT Preservation, Project No. 1793
City Contract No. 97-121
Resolution No. R-97-156
RECEIVED
crry OF YAKIMA
SEP 21 0998
OFFICE OF CITY MANAGE
This Local Agency Agreement Supplement transfers costs previously identified as
"contract" construction to work accomplished by "agency forces." Verbal approval was
given to us by TransAid to purchase riprap and rent equipment for agency forces
(YILA) to place riprap at the Y.V.T. Naches River Bridge to address the funded pier
scouring.
The Washington State Department of Fish & Wildlife finalized the hydraulic permit on
August 28th and gave us until September 10th to complete our work in the river. Riprap
placement started Monday, August 31st and was completed that week.
Please sign both copies of the attached Local Agency Agreement, Supplement No. 1,
and return to me for submittal.
.n710eaea` of /07