HomeMy WebLinkAbout03/04/2008 10 Yakima Downtown Futures Initiative Phase 3, Contract for State Funding 4
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of: March 4, 2008
ITEM TITLE: A Resolution authorizing and directing the City Manager to execute
contract 08- 96105 -148, and all related documents between the City
of Yakima and the Washington State Department of Community,
Trade, and Economic Development regarding the receipt of
$987,500.00 in state funds for Phase 3 of the Yakima Downtown
Futures Initiative.
SUBMITTED BY: Bill Cook, Director CED
CONTACT: Michael Morales, 575 -3533
SUMMARY EXPLANATION:
The Washington State Legislature appropriated $1,000,000 in its Capital Budget, Local
and Community Projects Program in 2007 to pay for a portion of Phase 3 of the Yakima
Downtown Futures Initiative.
The funds are administered by the state Department of Community, Trade and
Economic Development (CTED), which will provide the appropriated funds, Tess its
contract management cost of $12,500,00.00, in accordance with the terms and
conditions of the attached agreement. The total amount of funds from CTED available
for the project is $987,500.00
Resolution X Ordinance _ Contract x Other:
Funding Source: Washington State Dept. of Community, Trade &
Economic Development
Approval for Submittal:
City Manager
STAFF RECOMMENDATION: Staff recommends approval of the contract.
BOARD RECOMMENDATION:
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COUNCIL ACTION:
RESOLUTION NO. R- 2008 -
A RESOLUTION authorizing and directing the City Manager to execute contract 08- 961.05-
148, and all related documents between the City of Yakima and the
Washington State Department of Community, Trade, and Economic
Development regarding the receipt of $987,500.00 in state funds for Phase
3 of the Yakima Downtown Futures Initiative.
WHEREAS, the Washington State Legislature in Laws of 2007, made an appropriation
to support the Local and Community Projects Program and directed the Washington State
Department of Community, Trade, and Economic Development ( "Department ") to administer
those funds; and
WHEREAS, the enabling legislation stipulated that $1,000,000.00 was thereby
appropriated for the Yakima Downtown Futures Initiative in Yakima, Washington; and
WHEREAS, the scope of work contemplated by the attached contract with the
Department involves improvements to Downtown Yakima such as new sidewalks, irrigation and
electrical infrastructure, trees, pedestrian lighting, planters, and other necessary improvements;
and
WHEREAS, the Department is willing to provide the appropriated funds, less its contract
® management cost of $12,500.00, in accordance with the terms and conditions of the attached
agreement; and
WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of
the City of Yakima to enter into 'the attached contract with the Department for the receipt of
state funds, now, therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated "State of Washington Department of Community, Trade, and Economic
Development Local and Community Projects Program Capital Contract Number 08- 96105 -148,
and all related documents, for the receipt of state funds for Phase 3 of the Yakima Downtown
Futures Initiative.
ADOPTED BY THE CITY COUNCIL this 4th day of March, 2008.
David Edier, Mayor
ATTEST:
• City Clerk
•
•
Washington State Department of Community, Trade, and Economic Development
Local Government Division
Community Development Programs Unit •
Capital Programs
ID CONTRACT FACE SHEET
1. GRANTEE NAME /ADDRESS: 2. CONTRACT NUMBER: 1 3. CONTRACT AMOUNT:
City of Yakima
129 North 2nd Street 08- 96105 -148 $987,500.00
Yakima, WA 98901
4. GRANTEE CONTACT PERSON, NAME/TITLE, PHONE: 5. CDBG STAFF CONTACT, NAME:
Michael Morales
(509) 575 -3533 Emily Hafford
6. DATE APPLICATION SUBMITTED: 7. CONTRACT START DATE: 8. CONTRACT END DATE:
N/A 6/30/2011
9. FUNDING AUTHORITY: • •
Washington State Department of Community, Trade and Economic Development (hereinafter
known as the "DEPARTMENT ")
10. STATE AND FEDERAL "BARS" CODE: 11. CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA):
N/A N/A
12. SERVICE AREA: 13. .COUNTIES: 14. NUMBER OF PAGES IN
(BY LEGISLATIVE DISTRICT): 14 CONTRACT DOCUMENT:
Yakima .
• 16
15: TIN: 16. SUBRECIPIENT OR PARTICIPATING ENTITIES:
91 6001293
17. PURPOSE FOR AWARDED FUNDS: . •
nds will be used for capital improvements related to the Yakima Downtown Futures Initiative Phase 3, located in downtown Yakima. Streetscape
provements will be made from 1st Street to 6th Street between "A" Street and Chestnut Avenue and will include sidewalks, street and pedestrian
fighting, benches, bike and pedestrian amenities, street planters, banners, ADA access, and new electrical and irrigation service. All improvements
will be done in the "Vivid" theme.
•
Design began in the Winter of 2007 -2008. Construction will begin in the Spring of 2008 and will be complete by November of 2008.
•
•
• The DEPARTMENT and CONTRACTOR acknowledge and accept the terms of this CONTRACT and attachments and have executed this
CONTRACT on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this CONTRACT are
governed by this CONTRACT and the following other documents incorporated by reference, where applicable: CONTRACT Terms and Conditions
including Attachment "A" Project Budget, Attachment "B" Certification of the Availability of Funds to Complete the Project, Attachment "C" Project
Scope of Work, Attachment "0" Certification of the Payment and Reporting of Prevailing Wages, Attachment "E" Certification of Intent to Enter the
Leadership in Energy and Environmental Design (LEED) Certification Process.
FOR THE DEPARTMENT: FOR THE GRANTEE:
.
Marijo Olson, Acting Assistant Director
Local Government Division Richard A. Zais, Jr. , City Manager
DATE: City of Yakima
i
•PPROVED AS TO FORM:
DATE:
&-X- C c...) 4
Assistant Attorney General +— •
STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT
LOCAL AND COMMUNITY PROJECTS PROGRAM
CAPITAL CONTRACT NUMBER 08- 96105 -148
THIS CONTRACT, entered into by and between the City of Yakima (a unit of local government
hereinafter referred to as the CONTRACTOR), and the Washington State Department of
Community, Trade and Economic Development (hereinafter referred to as the DEPARTMENT),
WITNESSES THAT:
WHEREAS, the DEPARTMENT has the statutory authority under RCW 43.330.050 (5)
to cooperate with and provide assistance to local governments, businesses, and
community -based organizations; and
WHEREAS, the DEPARTMENT is also given the responsibility to administer state funds
and programs which are assigned to the DEPARTMENT by the Governor or the
Washington State Legislature; and
WHEREAS, the Washington State Legislature has, in Laws of 2007, Chapter 520,
Section 1041, made an appropriation to support the Local and Community Projects
Program, and directed the DEPARTMENT to administer those funds; and
WHEREAS, the enabling legislation also stipulates that the CONTRACTOR is eligible to
receive funding for acquisition, construction, or rehabilitation (a venture hereinafter
referred to as the "Project ").
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises
hereinafter contained, the parties hereto agree as follows:
1. FUNDING
The funds awarded to the CONTRACTOR hereunder shall be a sum up to, but not to
exceed $987,500.00. The DEPARTMENT has retained the amount of $12,500.00 for
costs directly associated with managing the completion of this contract.
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411 2. SERVICE PROVISIONS
a) Funds awarded under this contract shall be used solely and specifically for capital
construction costs associated with the Yakima Downtown Futures Initiative Phase
3, as contemplated in Laws of 2007, Chapter 520, Section 1041.
b) The CONTRACTOR shall perform in accordance with the terms and conditions
of this contract and the following attachments which, by this reference, are made a
part of this contract:
ATTACHMENT A (Project Budget)
ATTACHMENT B (Certification of the Availability of Funds to Complete
the Project)
ATTACHMENT C (Project Scope of Work)
ATTACHMENT D (Certification of the Payment and Reporting of
Prevailing Wages)
ATTACHMENT E (Certification of Intent to Enter the Leadership in
Energy and Environmental Design Certification Process)
3. SPECIAL CONDITION(S)
None.
4. CONTRACT PERIOD
a) The effective date of this contract shall be the date of the last signature of the
contracting parties.
b) Unless terminated earlier pursuant to Section 9, 12, or 28, hereof, the termination
date shall be June 30, 2011.
5. CERTIFICATION OF FUNDS
a) The release of state funds under this contract is contingent upon the
CONTRACTOR certifying that it has expended or has access to funds from non -
state sources as set forth in ATTACHMENT B (CERTIFICATION OF THE
AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof. Such
non -state sources may consist of a combination of any of the following:
i) Eligible Project expenditures prior to the execution of this contract.
ii) Cash dedicated to the Project.
iii) Funds available through a letter of credit or other binding loan
commitment(s).
iv) Pledges from foundations or corporations.
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v) Pledges from individual donors. •
vi) The value of real property when acquired solely for the purposes of this
Project, as established and evidenced by a current market value appraisal
performed by a licensed, professional real estate appraiser, or a current
property tax statement. The DEPARTMENT will not consider appraisals
for prospective values of such property for the purposes of calculating the
amount of non -state matching fund credit.
vii) In -kind contributions, subject to the DEPARTMENT'S approval.
b) The CONTRACTOR shall maintain records sufficient to evidence that it has
access to or has expended funds from such non -state sources, and shall make such
records available for the DEPARTMENT'S review upon reasonable request.
6. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
The CONTRACTOR may be reimbursed, at the rate set forth elsewhere in this contract,
for Project expenditures in the following cost categories:
a) Real property, and costs directly associated with such purchase, when purchased
or acquired solely for the purposes of the Project;
b) Design, engineering, architectural, and planning; lannin ; 11111
c) Construction management and observation (from external sources only);
d) Construction costs including, but not limited to, the following:
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
Information technology infrastructure; and
Landscaping.
7. REIMBURSEMENT PROVISIONS
a) Payments to the CONTRACTOR shall be made on a reimbursement basis only.
For the purposes of this contract, reimbursement shall be construed to mean costs
incurred and paid, or costs incurred and payable within thirty (30) days.
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b) The DEPARTMENT shall reimburse the CONTRACTOR for one - hundred
percent (100 %) of eligible Project expenditures, up to the maximum payable
under this contract. When requesting reimbursement for costs incurred or
expenditures made, the CONTRACTOR shall submit to the DEPARTMENT a
• signed and completed Invoice Voucher (Form A -19), referencing the Project
activity performed, and any appropriate documentation. The voucher must be
certified by an official of the CONTRACTOR with authority to bind the
CONTRACTOR. The final voucher shall be submitted to the DEPARTMENT
within fifteen (15) days following the completion of work or other termination of
this contract.
c) Each request for payment must be accompanied by a Project Status Report, which
describes, in narrative form, the progress made on the Project since the last
invoice was submitted, as well as a report of Project status to date. The
DEPARTMENT will not release payment for any reimbursement request received
unless and until the Project Status Report is received.
•
d) After approving the Invoice Voucher and Project Status Report, the
DEPARTMENT shall promptly remit a warrant to the CONTRACTOR.
e) The CONTRACTOR shall not submit invoices more than once monthly.
8. EVALUATION IO AND MONITORING
a) The CONTRACTOR shall cooperate with and freely participate in any monitoring
or evaluation activities conducted by the DEPARTMENT that are pertinent to the
intent of this contract, including periodic site inspections.
b) The CONTRACTOR shall provide the DEPARTMENT with photographs, either
hard copy or electronically, which depict visually the progress made on the
Project. Such photographs shall be submitted to the DEPARTMENT at the
inception of the Project, upon 50 percent of completion, and upon completion, as
applicable.
c) The DEPARTMENT or the State Auditor and any of their representatives shall
have full access to and the right to examine during normal business hours and as
often as the DEPARTMENT or the State Auditor may deem necessary, all the
CONTRACTOR'S records with respect to all matters covered in this contract.
Such representatives shall be permitted to audit, examine, and make excerpts or
transcripts from such records and to make audits of all contracts, invoices,
materials, payrolls, and records of matters covered by this contract. Such rights
last for six (6) years from the date final payment is made hereunder.
•
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9. NONDISCRIMINATION PROVISION
a) During the performance of this contract, the CONTRACTOR shall abide by all
applicable federal and state nondiscrimination laws and regulations, including, but
not limited to Chapter 49.60 RCW (Washington's Law Against Discrimination)
and 42 U.S.C. 12101 et. seq. (the Americans With Disabilities Act [ADA]).
b) The CONTRACTOR shall make the Project facilities available to the public in a
manner that assures fair, equal, and non - discriminatory treatment to all persons
without regard to race, color, religion, sex, age, or national origin. No person
shall be refused service, be given discriminatory treatment, be denied any
privilege, use of facilities, or participation in activities on account of race, color,
religion, sex, or the presence of a sensory, mental, or physical handicap, or be
required to participate in any religious worship, exercise or instruction. The funds
provided under this contract shall not be used to fund religious worship, exercise,
or instruction.
c) In the event of the CONTRACTOR'S noncompliance or refusal to comply with
any nondiscrimination law, regulation, or policy, this contract may be rescinded,
canceled, or terminated in whole or in part, and the CONTRACTOR may be
declared ineligible for further contracts with the DEPARTMENT. The
CONTRACTOR shall, however, be given a reasonable time in which to remedy
any such noncompliance. Any dispute may be resolved in accordance with the
"Disputes" procedure set forth in Section 23 of this contract.
10. CONTRACT MODIFICATIONS
The DEPARTMENT and the CONTRACTOR may, from time to time, desire to make
changes to this contract. Any such changes that are mutually agreed upon by the
DEPARTMENT and the CONTRACTOR shall be incorporated herein by written
amendment. It is mutually agreed and understood that, except for the budget
modifications described in Section 11 of this contract, no alteration or variation of the
terms of this contract shall be valid unless made in writing and signed by the parties
hereto, and that any oral understanding or agreements not incorporated herein shall not be
binding.
11. MODIFICATIONS TO THE PROJECT BUDGET
a) Notwithstanding any other provision of this contract, the CONTRACTOR may, at
its discretion, make modifications not to exceed fifteen percent (15 %) of each line
item in the Project Budget (Attachment A), hereof.
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• b) The CONTRACTOR shall notify the DEPARTMENT in writing when making
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any budget modification or modifications that would exceed fifteen percent (15 %)
of any budget line item. Any such request shall require the written approval of the
DEPARTMENT, and any such modifications shall be made in writing and signed
by both parties, and attached to the Project Budget (Attachment A), hereof.
c) Nothing in this section shall be construed to permit an increase in the amount of
funds available for the Project, as set forth in Section 1 of this contract.
12. TERMINATION OF CONTRACT
a) If, through any cause, the CONTRACTOR shall fail to fulfill in a timely and
proper manner its obligations under this contract or if the CONTRACTOR shall
violate any of its covenants, agreements or stipulations of this contract, the
DEPARTMENT shall thereupon have the right to terminate this contract and
withhold the remaining allocation if such default or violation is not corrected
within twenty (20) days after the DEPARTMENT'S submitting written notice to
the CONTRACTOR describing such default or violation; Provided, that if more
than twenty (20) days are required to correct any such default or violation and the
CONTRACTOR has initiated appropriate corrective measures as reasonably
determined by the DEPARTMENT, the DEPARTMENT will not terminate this
CONTRACT for such default or violation.
b) Notwithstanding any provisions of this contract, either party may terminate this
contract by providing the other party with written notice of such termination,
specifying the effective date thereof, at least thirty (30) days prior to such date. -
c) In the event this contract is terminated, the CONTRACTOR shall be reimbursed
for eligible expenses incurred prior to the effective date of such termination and
not otherwise paid for by the DEPARTMENT, as the DEPARTMENT reasonably
determines.
d) In the event funds are not reappropriated for this Project in the 2009 - 2011
biennial budget, this contract shall terminate on June 30, 2009.
13. SPECIAL PROVISION
The DEPARTMENT'S failure to insist upon the strict performance of any provision of
this contract or to exercise any right based upon a breach thereof or the acceptance of any
performance during such breach, shall not constitute a waiver of any right under this
contract.
•
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14. HOLD HARMLESS
a) It is understood and agreed that this contract is solely for the benefit of the parties
hereto and gives no right to any other party. No joint venture or partnership is
formed as a result of this contract. Each party hereto agrees to be responsible and
assume liability for its own negligent acts or omissions, or those of its officers,
agents, or employees to the fullest extent required by law, and agrees to save,
indemnify, defend, and hold the other party harmless from any such liability. In
the case of negligence of more than one party, any damages allowed shall be
levied in proportion to the percentage of negligence attributable to each party, and
each party shall have the right to seek contribution from the other party in
proportion to the percentage of negligence attributable to the other party.
b) This indemnification clause shall also apply to any and all causes of action arising
out of the performance of work activities under this contract. Each contract for
services or activities utilizing funds provided in whole or in part by this contract
shall include a provision that the DEPARTMENT and the state of Washington are
not liable for damages or claims from damages arising from any subcontractor's
performance or activities under the terms of the contracts.
c) The CONTRACTOR shall defend, indemnify and save the DEPARTMENT, its
officers, and employees harmless, from and against any and all claims, including
reasonable attorney fees, made by the CONTRACTOR, its subcontractors, their
employees and subcontractors, and any other persons, relating to the payment or
reporting of prevailing wages under RCW 39.04 or RCW 39.12.
15. RECAPTURE PROVISION
In the event that the CONTRACTOR fails to expend state funds in accordance with state
law and /or the provisions of this contract, the DEPARTMENT reserves the right to
recapture state funds in an amount equivalent to the extent of noncompliance.
Repayment by the CONTRACTOR of state funds under this recapture provision shall
occur within thirty (30) days of demand. In the event that the DEPARTMENT is required
to institute proceedings to enforce this recapture provision, the DEPARTMENT shall be
entitled to its cost thereof, including reasonable attorney's fees.
16. OWNERSHIP OF PROJECT /CAPITAL FACILITIES
The DEPARTMENT makes no claim to any real property improved or constructed with
funds awarded under this contract and does not assert and will not acquire any ownership
interest in or title to the capital facilities and /or equipment constructed or purchased with
state funds under this contract. This provision does not extend to claims that the
DEPARTMENT may bring against the CONTRACTOR in recapturing funds expended in
violation of this contract.
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• 17. RELATIONSHIP BETWEEN THE PARTIES
The CONTRACTOR and its employees or agents performing under this contract are not
deemed to be employees of the DEPARTMENT nor agents of the DEPARTMENT in any
manner whatsoever, nor will they hold themselves out as nor claim to be officers or
employees of the DEPARTMENT or of the state of Washington hereof and will not make
any claim, demand, or application to or for any right or privilege applicable to an officer
or employee of the DEPARTMENT or of the state of Washington.
18. GOVERNING LAW AND VENUE
This contract shall be construed and enforced in accordance with, and the validity and
performance hereof shall be governed by, the laws of the state of Washington. Venue of
any action at law between the parties arising out of this contract shall be the superior
court of Thurston County, Washington.
19. SEVERABILITY
In the event any term or condition of this contract or application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other terms, conditions, or
applications of this contract that can be given effect without the invalid term, condition,
or application. To this end the terms and conditions of this contract are declared
severable.
20. REDUCTION IN FUNDS
In the event state funds appropriated for the work contemplated under this contract are
withdrawn, reduced, or limited in any way by the Governor or the Washington State
Legislature during the contract period, the parties hereto shall be bound by any such
revised funding limitations as implemented at the discretion of the DEPARTMENT, and
shall meet and renegotiate the contract accordingly.
21. ENTIRE AGREEMENT
This contract and all attachments hereto contain all the terms and conditions agreed upon
by the parties. No other understandings, oral or otherwise, regarding the subject matter of
this contract and attachments shall be deemed to exist or to bind any of the parties hereto.
22. SIGNAGE, MARKERS AND PUBLICATIONS
If, during the period covered by this contract, the CONTRACTOR displays or circulates
any communication, publication, or donor recognition identifying the financial
participants in the Project, any such communication or publication must identify "The
Taxpayers of Washington State" as a participant.
23. DISPUTES
Except as otherwise provided in this contract, when a bona fide dispute arises between
the parties and it cannot be resolved through discussion and negotiation, either party may
request a dispute hearing. The parties shall select a dispute resolution team to resolve the
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dispute. The dispute resolution team shall consist of a representative appointed by the
DEPARTMENT, a representative appointed by the CONTRACTOR, and a third party
mutually agreed upon by both parties. The dispute resolution team shall attempt, by
majority vote, to resolve the dispute. The parties agree that this dispute process shall
precede any action in a judicial or quasi-judicial setting.
24. PREVAILING WAGE LAW
The Project funded under this contract may be subject to state prevailing wage law
(Chapter 39.12 RCW). The CONTRACTOR is advised to consult the Industrial
Statistician at the Washington Department of Labor and Industries to determine whether
prevailing wages must be paid. The DEPARTMENT is not responsible for determining
whether prevailing wage applies to this Project or for any prevailing wage payments that
may be required by law.
25. CHANGE OF OWNERSHIP OR USE FOR CONTRACTOR -OWNED PROPERTY
a) The CONTRACTOR understands and agrees that any and all real property or
facilities owned by the CONTRACTOR that are acquired, constructed, or
otherwise improved by the CONTRACTOR using state funds under this contract
shall be held and used by the CONTRACTOR for the purpose or purposes stated
elsewhere in this contract for a period of at least ten (10) years from the date the
final payment is made hereunder.
b) This provision shall not be construed to prohibit the CONTRACTOR from selling
411
any property or properties described in this section; Provided, that any such sale
shall be subject to prior review and approval by the DEPARTMENT, and that all
proceeds from such sale shall be applied to the purchase price of a different
facility or facilities of equal or greater value than the original facility and that any
such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this contract.
c) In the event the CONTRACTOR is found to be out of compliance with this
section, the CONTRACTOR shall repay to the state general fund the principal
amount of the grant as stated in Section 1, hereof, plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most
closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 15 (Recapture
provision).
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• 26. CHANGE OF USE FOR LEASED PROPERTY
a) The CONTRACTOR understands and agrees that any facility leased by the
CONTRACTOR that is constructed, renovated, or otherwise improved using state
funds under this contract shall be used by the CONTRACTOR for the purpose or
purposes stated elsewhere in this contract for a period of at least ten (10) years
from the date the final payment is made hereunder.
b) In the event the CONTRACTOR is found to be out of compliance with this
section, the CONTRACTOR shall repay to the state general fund the principal
amount of the grant as stated in Section 1, hereof, plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most
closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 15 (Recapture
Provision).
27. HISTORICAL AND CULTURAL ARTIFACTS
In the event that historical or cultural artifacts are discovered at the Project site during
construction, the CONTRACTOR shall immediately stop construction and notify the
local historical preservation officer and the state historical preservation officer at the
Washington State Department of Archaeology and Historic Preservation.
28. REAPPROPRIATION
a) The parties hereto understand and agree that any state funds not expended by
June 30, 2009, will lapse on that date unless specifically reappropriated by the
Washington State Legislature. If funds are so reappropriated, the state's obligation
under the terms of this contract shall be contingent upon the terms of such
reappropriation.
b) In the event any funds awarded under this contract are reappropriated for use in a
future biennium, the DEPARTMENT reserves the right to assign a reasonable
share of any such reappropriation for administrative costs.
29. SURVIVAL
a) The terms and conditions contained in this contract that by their sense and context
are intended to survive the termination of this contract, including Sections 14
(Hold Harmless), 15 (Recapture Provision), 18 (Governing Law and Venue), 22
(Signage, Markers and Publications), 23 (Disputes), 25 (Change of Ownership or
Use for Contractor -Owned Property) and 26 (Change of Use for Leased Property),
shall so survive.
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30. ADMINISTRATION •
a) The CONTRACTOR'S representative shall be Michael Morales.
b) The DEPARTMENT'S representative shall be Daniel Aarthun.
IN WITNESS WHEREOF, the DEPARTMENT and the CONTRACTOR have executed this
contract as of the date and year written below.
Marijo Olson, Acting Assistant Director Richard A. Zais, Jr., City Manager
Local Government Division City of Yakima
Department of Community, Trade, and
Economic Development
Federal Tax ID #: 91- 6001293
•
Date: Date:
APPROVED AS TO FORM:
Assistant Attorney General
Date: / /a /U 8
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ATTACHMENT A
PROJECT BUDGET
Line Item Amount
Site Acquisition $0.00
Architecture & Engineering $150,000.00
Construction $1,037,500.00
Capitalized Equipment $0.00
Contingency $0.00
Other $0.00
Total Contracted Amount: $1,187,500.00
The CONTRACTOR, by its signature, certifies that the Project Budget set forth above has been
reviewed and approved by the CONTRACTOR'S governing body or board of directors, as
applicable, as of the date and year written below.
CONTRACTOR
TITLE
DATE
12
ATTACHMENT B
CERTIFICATION OF THE AVAILABILITY OF FUNDS
TO COMPLETE THE PROJECT
Non -State Funds Amount Total
Local funds from councilmanic bond (issued 2007) $200,000.00
Total Non -State Funds $200,000.00 $200,000.00
State Funds
2007 State Capital Budget $987,500.00 $987,500.00
Total Non -State and State Sources $1,187,500.00
CERTIFICATION
The CONTRACTOR, by its signature, certifies that project funding from sources other than
those provided by this contract and identified above has been reviewed and approved by the
CONTRACTOR'S governing body or board of directors, as applicable, and has either been
expended for eligible Project expenses, or is committed in writing and available and will remain
committed and available solely and specifically for carrying out the purposes . of this Project as
described in elsewhere in this contract, as of the date and year written below. The
CONTRACTOR shall maintain records sufficient to evidence that it has expended or has access
•
to the funds needed to complete the Project, and shall make such records available for the
DEPARTMENT'S review upon reasonable request.
CONTRACTOR
TITLE
DATE
13
• ATTACHMENT C
PROJECT SCOPE OF WORK
PROJECT SUMMARY
Funds will be used for capital improvements related to the Yakima Downtown Futures Initiative
Phase 3, located in downtown Yakima. Streetscape improvements will be made from 1st Street
to 6th Street between "A Street and Chestnut Avenue and will include sidewalks, street and
pedestrian lighting, benches, bike and pedestrian amenities, street planters, banners, ADA access,
and new electrical and irrigation service. All improvements will be done in the "Vivid" theme.
Design began in the Winter of 2007 -2008. Construction will begin in the Spring of 2008 and
will be complete by November of 2008.
The CONTRACTOR, by its signature, certifies that the declaration set forth above has been
reviewed and approved by the CONTRACTOR'S governing body as of the date and year written
below.
CONTRACTOR
TITLE
DATE
r
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ATTACHMENT D
CERTIFICATION OF THE PAYMENT AND REPORTING
OF PREVAILING WAGES
CERTIFICATION
The CONTRACTOR, by its signature, certifies that all contractors and subcontractors
performing work on the Project shall comply with prevailing wage laws set forth in Chapter
39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the
filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as
required by RCW 39.12.040. The CONTRACTOR shall maintain records sufficient to evidence
compliance with Chapter 39.12 RCW, and shall make such records available for the
DEPARTMENT'S review upon request.
The CONTRACTOR, by its signature, certifies that the declaration set forth above has been
reviewed and approved by the CONTRACTOR'S governing body as of the date and year written
below.
•
CONTRACTOR
TITLE
DATE
15
ATTACHMENT E
CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS
CERTIFICATION
The CONTRACTOR, by its signature, certifies that it will enter into the Leadership in Energy
and Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to
the Project funded by this contract. The CONTRACTOR shall, upon receipt of LEED
certification by the United States Green Building Council, provide documentation of such
certification to the DEPARTMENT.
The CONTRACTOR, by its signature, certifies that the declaration set forth above has been
reviewed and approved by the CONTRACTOR'S governing body or board of directors, as
applicable, as of the date and year written below.
CONTRACTOR ,�
TITLE , f U- 0
DATE
16