HomeMy WebLinkAboutR-1991-D6033 Department of Transportation / Fair Avenue / I-82RESOLUTION NO. P 0 3
A RESOLUTION authorizing and directing the City Manager and City
Clerk of the City of Yakima to execute an agreement with the
State of Washington, Department of Transportation for partial
reimbursement of costs for improvements to the Fair Avenue
and I-82/Yakima Avenue Interchange area.
WHEREAS, the city contemplates improvements to the Fair
Avenue and I-82/Yakima Avenue Interchange area and partial
reimbursement for the cost of such improvement may be
forthcoming from the Federal Aid Urban Systems Funds as
administered by the State of Washington, Department of
Transportation, on the execution by the city of the attached
agreement document, and
WHEREAS, the City Council deems it to be in the best interests
of the city that the attached agreement document be executed by the
city, accordingly, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are
hereby authorized and directed to execute an agreement with the
State of Washington, Department of Transportation, for the purpose
mentioned above, a copy of which agreement is attached hereto and
by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this f7 day
of , 1991.
ATTEST:
Mayor
City Clerk
MOW
'+Illashingen Sire Dsprtrrwt d TeunapertaAbet
W.B.D.O.T. USE ONLY
AGENCY NAME a BILLING ADDRESS
City of Yakima
Engineering Division
129 No. 2nd Street
Yakima, WA 98901
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
CITY/COUNTY AGREEMENT
FEDERAL AD PROJECT NUMBER
M — 4628
14 - 4611
AGREEMENT NUMBER
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 Circular A-102, (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 p., column (3)
without written authority by the State, subject to the approval of the Federal Highway Administrator. All project costs not
reimbursed by the Federal Government shall be the responsibility of the Local Agency.
PROJECT DESCRIPTION
Name Fair Avenue and I-82/Yakima Ave. Area Interchange
Length 1.7±
Termini East Nob Hill Boulevard to North 8th Street
Description of Work
Preliminary design including
environmental review.
TYPE OF WORK
ESTIMATE OF FUNDING
(1)
Estimated Total
Project Funds
(2)
Estimated
Agency Funds
(3)
Estimated
Federal Funds
P.E. a. Agency Work
b. State Services
c. Other
d. Total Prelim. Eng.
Right -of -Way e. Agency
f. State Services
g. Other
h. Total R / W Cost
Construction 1 Contract
Engineering j.
% 1
Cost Estimate
Work
Estimate
j. Agency Force
k. State Force....
Cost Estimate
ESTIMATE OF THE
486.587
—0—
—0—
486,587
,82, 087,
—0—
—0—
82,087
4.Q4.45.0..
—0—
-Q-
404.500
D.t.
WOAP AMOUNT
AUTH. CODE
1 Audit
m. Other
n. Other
o. Total Construction
p. PROJECT OST
486,587
82,087
404,500
W. S.D.O. T. USE ONLY
Work Order Accounting Plan
w.a. 1 OW.
1 c.s.
FfIWA
Appy. We
WOAP
Na
A.
MY
D.t.
WOAP AMOUNT
AUTH. CODE
The Federal -aid participation rate in this project wilt be determined by the Federal Government. The parties expect that it win be 83.13%
however. it is understood that the rate may vary. The Local Agency agrees that this agreement is entered 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 p., column (3). All costs not reimbursed by the Federal Government shall be
the responsibility of the Local Agency.
DOT
FORM 140.030
REVISED 8/83 OX A.144
CONSTRUCTION METHOD OF FINANCING
STATE AD & AWARD
METHOD A Advance Payment - Agency Share of Total Construction Cost (Based on Contract Award) ( )
METHOD B Withhold From Gas Tax the Agency's Share of Total Construction Cost pine o., col. 2)
in the amount of at S per month for - months ( )
LOCAL FORCE OR LOCAL AD & AWARD
METHOD C - Agency Cost Incurred with Partial Reimbursement ( )
(Check Method Sleeted)
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 , 19 , Resolution/Ordinance No.
AGENCY OFFICIAL
By.
aacava sxliblefelbeiN3 Zity Manager
By:
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
State AM, Engineer
PROVISIONS
I SCOPE OF WORK
The Agency shall provide all the work, labor, materials and services
necessary to perform the project which is described and set forth in detail
in the "Project Description" and "Type of Work."
When the State acts for and on behalf of the Agency, the State shall
be deemed an agent of the Agency and shall perform the services
described and indicated in "Type of Work" on the face of this agreement, in
accordance with plans and specifications as proposed by the Agency and
approved by the State and Federal Highway Administration.
When the State acts for the Agency but not subject to the right of
control by the Agency, the State shall have the right 10 perform the work
subject to the ordinary procedures of the State and Federal Highway
Administration.
11 DELEGATION OF AUTHORITY
The State is acting 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 end 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 insure conformity with the approved plans and specifications.
III PROJECT ADMINISTRATION
Certain types of work and services shall be provided by the State on
this project as requested by the Agency and described in the "Type of
Work" above. In addition, the State will furnish qualified personnel for the
supervision and inspection of the work in progress. On local agency
advertised and awarded projects, the supervision and inspection shall be
limited to ensuring all work is in conformance with approved plans,
specifications and Federal -aid requirements. The salary of such engineer
or other supervisor and all other salaries and costs incurred by State forces
upon the project will be considered a cost thereof. All costs related to this
project incurred by employees of the State in the customary manner on
highway payrolls and vouchers shall be charged as costs of the project.
IV AVAILABILITY OF RECORDS
All project records in support of all costs incurred and actual
expenditures kept by the Agency, are to be maintained in accordance with
procedures prescribed by the Division of Municipal Corporations of the
State Auditor's Office, the U.S Department of Transportation and
Washington Department of Transportation. The records shall be open to
inspection by the State and Federal Government at all reasonable times
and shall be retained and made available for such inspection for a period of
not less than three years from the final payment of any Federal -aid funds to
the Agency Copies of said records shall be furnished to the State and/or
Federal Government upon request.
Date Executed
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 for, or actual construction of
the road for which Preliminary Engineering is undertaken is not started °
the closing of the fifth fiscal year following the fiscal year in which -
agreement is executed, the Agency will repay to the State the sum or as
of Federal funds paid to the Agency under the terms of this agreement.
(See Section VIII.)
The Agency agrees that alt 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
AASHTO 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 REIIMBURSEMENT
The total coat 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 Surface
Transportation Assistance Act 1978, Title 23, United States Code, as
amended. end Office of Management and Budget Circular A-102. The State
shall not be ultimately responsible for any of the coats 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 tor 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 attributable and properly allocabl
this project. Expenditures by the Local Agency for the establishm,
maintenance, general administration, supervision, and other overhead shat/
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 directly 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 VW.)
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 twenty (20) days
after the execution of the construction contract an advance in the
amount of the Agency's share of the total construction cost based on
the contract award. The State will notify the Agency of the exact
amount to be deposited with the State. The State will pay alt 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 shalt be withheld from its monthly fuel tax
allotments. The face of this agreement establishes the months in
which the withholding shall take place and the exact amount to be
withheld each month. The extent of withholding will be confirmed by
letter from the State at the time of contract award. Upon receipt of
progress billings from the contractor, the State will submit such
billings to the Federal Government for payment of its participating
portion of such billings.
METHOD "C":
The Agency may submit vouchers to the State in the format
prescribed by the State. in quadruplicate, not more than once per
month for those costs eligible for Federal participation to the extent
that such costs are directly attributable and properly allocable to this
project. Expenditures by the Local Agency for the establishment,
maintenance, general administration, supervision, and other overhead
shall not be eligible for Federal participation.
The State will reimburse the Agency for the Federal share of
eligible project costs up to the amount shown on the face of this
agreement. At the time of audit, the Agency will provide documentation
of all costs incurred on the project.
The State shall bill the Agency for all costs incurred by the State
relative to the project. The State shall also bill the Agency for the Federal
funds paid by the State to the Agency for project costs which are
subsequently determined to be ineligible for Federal participation (See
Section VIII).
VII AUDIT OF FEDERAL AID PROJECT
The Agency, if services of a Consultant are required. shall be
responsible for audit of the Consultant's records to determine eligible
Federal -aid costs on the project. The report of said audit shall be in the
Agency's files and made available to the State and the Federal Govern-
ment.
An audit shall be conducted in accordance with Office of Management
and Budget Circular A-102. Attachment P.
If upon audit it is found that an 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 VII.)
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
cancelation, overpayment, cost ineligible for Federal participation. etc.) is
not made to the State within 45 days after the Agency has been billed, the
State shall effect reimbursement of the total sum due from the regular
monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No
additional Federal project funding will be approved until full payment is
DOT 140-090 01/e1833 OX A-144
received unless otherwise directed by the State Aid Engineer.
IX TRAFFIC CONTROL, SIGNING, MARKING, l ROADWAY MAIN-
TENANCE
The Agency will not permit any changes to be mad* in the provisions
for parking regulations and traffic control on this project without prior
approval of the State and Federal Highway Administration. The Agency will
not install or permit to be installed any signs. signals or markings not in
conformance with the standards approved by the Federal Highway
Administration and MUTCD. The Agency will, at Its own expense, maintain
the improvement covered by this agreement.
X INDEMNITY
The Agency shall hold the Federal Government and the State harmless
from and shall process and defend at its own expense, all claims, demands.
or suits whether at law or equity brought against the Agency, State or
Federal Government, arising from the Agency's execution, performance, or
failure to perform any of the provisions of this agreement, or of any other
agreement or contract connected with this agreement, or arising by reason
of the participation of the State or Federal Government in the project.
PROVIDED. nothing herein shall require the Agency to reimburse the State
or the Federal Government for damages arising out of bodily injury to
persons or damage to property caused by or resulting from the sole
negligence of the Federal Government or the State.
No liability shall attach to the State or Federal Government except as
expressly provided herein.
XI NONDISCRIMINATION PROVISION
The Agency hereby agrees that it will incorporate or cause to be
incorporated into any contract for construction work, or modification
thereof, as defined in the rules and regulations of the Secretary of Labor at
41 CFR Chapter 60, which is paid for in whole or In part with funds obtained
from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan, insurance or guarantee or
undertaken 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 employ-
ment, notices to be provided by the Agency setting forth the provisions of
this nondiscrimination clause.
(b) The contractor will, in all solicitations or advertisements for
employees placed by,or on behalf of the contractor, state that all qualified
applicants will receive consideration for employment without regard to race,
color, religion, sex or national origin.
(c) The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the Agency advising
the said labor union or workers' representative of the contractor's
commitments under thii 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
11248 of September 24, 1965 and of the rules, regulations and relevant
orders of the Secretary of Labor.
(e) The contractor wilt furnish all information and reports required by
Executive Order 11248 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.
(1) 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 con-
tracts 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 m
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. WA Dept. 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
aider 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 It, subpart D of the Executive Order
In addition, the Agency agrees that Hit 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 assistanc:e to the Agency under
DOT 140-039 (R/6/83) OX A•144
the program with respect to which the failure or refusal ocourted 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 provisit.
of 23 CFR Part 630, Subpart C and Volume 6, Chapter 3, Section 1 of the
Federal -aid Highway Program Manual, as supplemented, relative to the
amount of Federal participation in the project cost, shall be applicable in
the event the contractor fails to complete the contract within the contract
time. Failure to include liquidated damages provision wilt not relieve the
Agency from reduction of Federal participation in accordance with this par-
agraph.
XIII TERMINATION FOR PUBLIC CONVENIENCE
The Secretary, Washington State Department of Transportation may
terminate the contract in whole, or tom time to time m 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 resuf 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;
or
(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 sndior 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 Thurr
County
ADDITIONAL PROVISIONS
YAKIMA AVE. / I-82 / FAIR AVE.
FINANCING ANALYSIS
TOTAL PROJECT: $13,401,693
AIQMA
OUNTY
RIVATE
RANSIT
UNCOMMITTED
STREET DIVISION
M.V. EXCISE
$50,000
41.7%
TIB
CITY
WSDOT
YAKIMA COUNTY
PRIVATE
TRANSIT
$9,381,185 70.0%
1,691,689 12.6%
924,717 6.9%
603,076 4.5%
600,000 4.5%
201,026 1.5%
CITY PORTION: $1,691,689
NET BOND REVENUE
FAUS
1/2 CENT
UNCOMMITTED
$1,176,000
198,779
257,489
59,421
PROJECTED
20 YEAR ANNUAL
BOND REPAYMENT:
@ $120,000 PER YEAR
69.5%
11.8%
15.2%
3.5%
•
Washington State Department of Trac eartatlon
W.S.D.O.T. USE ONLY
AGENCY NAME & BILLING ADDRESS
CITY OF YAKIMA
129 N. 2nd St.
YAKIMA, WA 98901
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
CITY/COUNTY AGREEMENT
FEDERAL AID PROJECT NUMBER
STPus - -4(01( (co' l
AGREEMENT NUMBER
LA 2407
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 Fed-
eral -aid Project Agreement entered into between the State and Federal Government, relative to the above project, the Wash-
ington 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., col-
umn (3) without written authority by the State, subject to the approval of the Federal Highway Administrator. All project costs
not reimbursed by the Federal Government shall be the responsibility of the Local Agency.
PROJECT DESCRIPTION
Name FAIR AVENUE STAGE 1 IMPROVEMENT
Termini SPRUCE STREET TO PACIFIC AVENUE
Length 0.72 MILES
Description of Work This initial stage will involve one lane per directional
flow with a two-way left turn lane; curb, gutter & sidewalk on the west
side and a temporary extrr.ded curb on the east side; pavement markings;
storm drainage facilities; direction lane widening for bicyclists; and
utility adjustments.
TYPE OF WORK
ESTIMATE OF FUNDING
(1)
ESTIMATED TOTAL
PROJECT FUNDS
(2)
ESTIMATED AGENCY
FUNDS
(3)
ESTIMATED
FEDERAL FUNDS
P.E. a. Agency Work
b. Other Consultant
0
,,,12,3,,,5,QQ,,,
1, 500
0
1.46..7..1..
202
0
x,0.6..,.$7...
1,298
c. State Services
d. Total PE Cost Estimate (a+b+c)
125,000
16,875
108,125
Right -of -Way e. Agency Work
f. Other
g. State Services
h. Total R/W Cost Estimate (e+f+g)
0
0
0
Construction i. Contract
j. Other
k. Other
I. Other
m. Total Contract Costs (i+j+k+I)
Construction Engineering
n. Agency
o. 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)
*Federal participation in Construction Engineering (q) is limited to 15% 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 aD•7 %,
however, it is understood that the rate may vary. The Local Agency agrees that this agreement is entered 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.
ttnT 140-(ris (Rev 101921 - F
CONSTRUCTION METHOD OF FINANCING (Check Method Selected)
STATE AD & AWARD
METHOD A Advance Payment - Agency Share of Total Construction Cost (Based on Contract Award) ( )
METHOD B Withhold From Gas Tax the Agency's Share of Total Construction Cost (line r., col. 2)
in the amount of $ at $ per month for months ( )
LOCAL FORCE OR LOCAL AD & AWARD
METHOD C Agency Cost Incurred with Partial Reimbursement ( X )
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condi-
tion to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions set forth below.
Adopted by official action on December 17 , 19 91 , Resolution/ No. D-6033 .
AGENCY OFFICIAL
BY:
'1;1:e `L+)1"f'1 t'tie 1. 3 11+'Y i3Vt.
City Manager
Attest: KLth-e
City Clerk
BY:
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
/Assistant secretary for Loral Programs
FEB 2 8 1994
PROVISIONS
1 SCOPE OF WORK
The Agency shad 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 Federal Highway Administration.
When the State acts for the Agency but not subject to the right of con-
trol by the Agency, the State shall have the right to perform the work subject
to the ordinary procedures of the State and Federal Highway Administra
tion.
11 DELEGATION OF AUTHORITY
The State is acting to fulfill the responsibilities to the Federal Govern-
ment 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 reim-
bursement in accordance with Federal requirements. If the State adver-
tises 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 insure conformity with the approved plans and specifications.
1I1 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 adver-
tised 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 super-
visor and all other salaries and costs incurred by State forces upon the
project will be considered a cost thereof. All costs related to this project
incurred by employees of the State in the customary manner on highway
payrolls and vouchers shall be charged as costs of the project.
IV AVAILABILITY OF RECORDS
All project records in support of all costs incurred and actual expendi-
tures kept by the Agency, are to be maintained in accordance with proce-
dures prescribed by the Division of Municipal Corporations of the State
Auditor's Office, the U.S. Department of Transportation and Washington
Department of Transportation. The records shall be open to inspection try
the State and Federal Government at all reasonable times and shall be
retained and made available for such inspection for a period of not less
than three years from the final payment of any Federal -aid funds to the
Agency. Copies of said records shall be fumished to the State and/or Fed-
eral Government upon request.
Date Executed
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 for, or actual construction of
the road for which Preliminary Engineering is undertaken is not started by
the closing of the fifth fiscal year following the fiscal year in which the agree-
ment is executed, the Agency will repay to the State the sum or surns 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 pro-
vide the initially planned complete facility, within the limits of this project, will
conform to at least the minimum values set by approved AASHTO 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 rel-
ative to the basis of Federal participation in the project cost shall be appli-
cable 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 Surface
Transportation Assistance Act 1978, 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 associ-
ated with the project which are not reimbursed by the Federal Govemment.
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. Follow-
ing 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 attributable and properly allocable to this
project. Expenditures by the Local Agency for the establishment, mainte-
nance, 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
Pre directly attributable and property allocable to this project. The State
shall bi< the Agency for that portion of State costs which were not reim-
bursed by the Federal Government. (See S n 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 twenty (20) days
after the execution of the construction contract an advance in the
amount of the Agency's share of the total construction cost based on
the contract award. The State wit 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 wit be cleared by
either a payment from the Agency to the State or by a refund from the
State to the Agency.
METHOD "B":
The Agency's share of the total construction cost as shown on
the face of this agreement shall be withheld from its monthly fuel tax
allotments. The face of this agreement establishes the months in
which the withholding shall take place and the exact amount to be
withheld each month. The extent of withholding will be confirmed by
letter from the State at the time of contract award. Upon receipt of
progress billings from the contractor, the State will submit such billings
to the Federal Government for payment of its participating portion of
such billings.
METHOD "C":
The Agency may submit vouchers to the State in the format pre-
scribed by the State, in quadruplicate, not more than once per month
for those costs eligible for Federal participation to the extent that such
costs are directly attributable and properly allocable to this project.
Expenditures by the Local Agency for the establishment, mainte-
nance, general administration, supervision, and other overhead shall
not be eligible for Federal participation.
The State will reimburse the Agency for the Federal share of eli-
gible project costs up to the amount shown on the face of this agree-
ment. 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 rela-
tive 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 respon-
sible 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 Autho-
rization, Selection, and Agreement Administration; memoranda of under-
standing between WSDOT and FHWA; and Office of Management and
Budget Circular A-128.
If upon audit it is found that an overpayment, or participation of Fed-
eral money in ineligible items of cost, has occurred, the Agency shall reim-
burse 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
cancelation, overpayment, cost ineligible for Federal participation, etc.) is
not made to the State within 45 days after the Agency has been billed, the
State shall effect reimbursement of the total sum due from the regular
monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No
DOT 140-039 (Rev_ 10/92) - F
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, & 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 con-
formance with the standards approved by the Federal Highway Administra-
tion 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 harm-
less 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, perfor-
mance, 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 Govemment for damages arising out of bodily
injury to persons or damage to property caused by or resulting from the
sole negligence of the Federal Government or the State.
No liability shall attach to the State or Federal Government except as
expressly provided herein.
XI NONDISCRIMINATION PROVISION
The Agency hereby agrees that it will incorporate or cause to be incor-
porated 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 Govern-
ment pursuant to a grant, contract, loan, insurance or guarantee or under-
taken 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 CONTRAC-
TOR AGREES AS FOLLOWS:"
(a) The contractor will not discriminate against any employee or appli-
cant 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, demo-
tion or transfer; recruitment or recruitment advertising; layoffs or termina-
tion; 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 nondiscrimi-
nation 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 con-
tract or understanding, a notice to be provided by the Agency advising the
said labor union or workers' representative of the contractor's commit-
ments under this section 11-2 and shall post copies of the notice in conspic-
uous 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 regu-
lations 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 nondiscrim-
ination 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 Govem-
ment 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, reg-
ulation 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 Exec-
utive 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,
WA Dept. of Transportation or Federal Highway Administration may direct
as a means of enforcing such provisions including sanctions for noncom-
pliance. 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 govemment, the above equal
opportunity clause is not applicable to any agency, instrumentality or sub-
division 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 subcontrac-
tors 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 sat-
isfactory 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 C and Volume 6, Chapter 3, Section 1 of the
Federal -aid Highway Program Manual, as supplemented, relative to the
amount of Federal participation in the project cost, shall be applicable in the
event the contractor fails to complete the contract within the contract time.
Failure to include liquidated damages provision will not relieve the Agency
from reduction of Federal participation in accordance with this paragraph.
XIII TERMINATION FOR PUBLIC CONVENIENCE
The Secretary, 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 pros-
ecution of war or in the interest of national defense; or an Executive Order
of the President or Govemor of the State with respect to the preservation
of energy resources;
(3) The contractor is prevented from proceeding with the work by rea-
son 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;
or
(4) The Secretary determines that such termination is in the best inter-
ests 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.
ADDITIONAL PROVISIONS
Washington State
lra5711 Department of Transportation
Sid Morrison
Secretary of Transoortat,o^
March 9, 1994
Mr. Dennis Covell
Engineering/Utilities Director
129 North Second Street
Yakima, WA 98901
co tat c Buildtng
6o': -17300
!mora. WA 98504-7300
City of Yakima
Fair Avenue - Stacie 1
STPUS-4611(001)
FUND AUTHORIZATION
Dear Mr. Covell:
We have received FHWA fund authorization, effective March 1, 1994, for this
project as follows:
PHASE
Preliminary Engineering
TOTAL
$125,000
FEDERAL SHARE
$108,125
In addition, categorical exclusion determination has been approved.
Enclosed for your information and file is a fully executed copy of City/County
Agreement LA -2407 between the state and your agency. Also enclosed is a
pre-printed Progress Bill form for the referenced project. Please forward this
form to the person handling billings.
Federal funds for this project are limited by your regional STP project selection
agency to $108,125. All costs beyond those in the latest executed agreement
are the sole responsibility of your agency.
Upon receipt of a supplement to the City/County Agreement which includes
construction funds, the construction phase of this project will be considered for
funding.
You may proceed with the administration of this project in accordance with your
WSDOT approved Certification Acceptance agreement.
WTG:ch
Enclosure
cc: Bill Linse, Dist. 5
TIB
Sincerely,
WAYNE T. GRUEN, PE
Deputy Assistant Secretary
Local Programs
�y _ % C\ \ \\c
I .GENC /
CITY OF YAKIMA
DATE
7/07/92
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
CITY/COUNTY AGREEMENT
SUPPLEMENT NO. 1
FEDERAL AID PROJECT NUMBER
STPF-9939(004)
AGREEMENT NUMBER
LA -1570
The City/ of YAK I MA
executed on 3/11/92
except as expressly modified by this supplement.
The changes to the agreement are described as follows:
desires to supplement the agreement entered into and
as identified above. All provisions in the basic agreement remain in effect
Name
PROJECT DESCRIPTION
I-82/YAKIMA AVENUE AREA INTERCHANGE & FAIR AVENUE
Termini
Description of Work EAST NOB HILL BLVD. TO EAST CHESTNUT AVENUE (FAIR AVENUE)
SOUTH 6TH STREET TO SOUTH 18TH STREET (YAKIMA AVENUE)
Length 2.3+
Reason for Supplement ADJUST P.E. FUNDING TO ALLOW FOR STATE SERVICES.
TYPE OF WORK
ESTIMATE OF FUNDING
(1)
PREVIOUS AGREEMENT/
SUPPLEMENT
(2)
SUPPLEMENT
(3)
ESTIMATED TOTAL
PROJECT FUNDS
(4)
ESTIMATED
AGENCY FUNDS
(5)
ESTIMATED
FEDERAL FUNDS
P.E. a. Agency Work
484 659
- 333 .
484326
6,524
41,802
b. Other
4374 928
-2,667
4354 261 .
58,761
376,500
c. State Services
0
+3,000
3,000
405
2,595
486,587
0
486,587
65,690
420,897
d. Total PE Cost Estimate (a+b+c)
Right -of -Way
e. Agency Work
.
f. Other
.
g. State Services
h. Total R/W Cost Estimate (e+f+g)
Construction
i. Contract
j. Other
_
.
.
k. Other
I. Other
m. Total Contract Costs (i+j+k+I)
.
Construction Engineering
n. Agency
o. 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)
* 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 policies and procedures, and as a condition to
payment of the Federal funds obligated, it accepts and will comply with the applicable provisions.
ByICTAL ,2 --•,‘%‘DEPARTMENT OF TRANSPORTATION
CITY MANAGER
ATTEST:
a .
DOT 140-041
Revised 12r90
CITY CLERK
CONTRACT NO. 91-121
By.
AssstanI Secretary for Local Programa
Date Executed
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting 12/17/91
ITEM TITLE: Yakima Avenue/I-82 Interchange Area & Fair Avenue Project Financing
Status Report & Obligation of FAUS Funds
SUBMITTED BY: Department of Engineering & Utilities — Engineering Divisi n
CONTACT PERSON/TELEPHONE: Dennis E. Covell, Director / 575-6313 6.C.
SUMMARY EXPLANATION:
In April, 1991, Council approved the issuance of a Councilmatic General Obligation Bond issue
for $1,200,000 to fund most of the $1,691,689 City local match to the $9.4 million dollar grant
from the Transportation Improvement Board for the above referenced project. This did not
include Transit's local share cost of $201,026. The April Council action deferred action on the
remaining $500,000. On October 22, 1991, Council appropriated $37,489 in 1/20 gas tax
monies for the City share of project activities in 1991. The 1992 budget obligates another
$220,000 in 1/20 gas tax funds as part of the City local match money. The accompanying
WDOT/City agreement allocates $198,779 in available FAUS funds to this project as part of the
City local match money. The cumulative effect of these various pieces of the City local match will
leave an unobligated City local match of $59,421. Staff anticipates that when the Federal
Transportation Bill funding trickles down to the local level, new FAUS funds will be available to
fund the remaining $59,421 in the City local match money. The analysis of the total project
funding at this time is as follows:
CONTINUED ON REVERSE
X Resolution Ordinance Contract Minutes Plan/Map
Notification List X Other (Specify) WDOT/City Agreement
APPROVED FOR SUBMITTAL: �; cc,�
City Manager
STAFF RECOMMENDATION: Approve the accompanying resolution authorizing the City
Manager to execute the WDOT/City agreement on behalf of the City of Yakima
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Legal/BD
Agenda RR /i-82
a\) 0-3