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HomeMy WebLinkAboutR-2017-059 Project Review Reimbursable Agreement with WSDOT; East-West Corridor Post-Construction VideosA RESOLUTION RESOLUTION NO. R-2017-059 authorizing a Project Review Reimbursable Agreement, in an amount not to exceed $31,250, with the Washington State Department of Transportation (WSDOT) to have their Visual Engineering Resource Group create videos displaying what the East-West Corridor will look like after construction. WHEREAS, the Yakima City Council has established that redevelopment of the former Boise Cascade Mill (known as the Cascade Mill Redevelopment Project site) is an economic development priority; and WHEREAS, the City, Yakima County and WSDOT all have a part in this project and have been cooperatively working on it for the past several years, and WHEREAS, the City, County and WSDOT feel that a design visualization video displaying what the completed project will look like could provide answers, as well as, garner additional support for the project; and WHEREAS, the Visual Engineering Resource Group has developed many design visualizations for transportation projects throughout the State and has proven their ability to develop videos of exceptional quality; and WHEREAS, the Scope of Work and Budget included in this Project Review Reimbursable Agreement meets the needs and requirements of the City of Yakima for design visualization video(s) for this project, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:. The City Manager is hereby authorized to execute the Project Review Reimbursable Agreement with WSDOT attached hereto and incorporated herein by this reference not to exceed Thirty -One Thousand Two Hundred Fifty Dollars ($31,250) to provide the services as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 16th day of May, 2017. ATTEST: Sonya Claal Tee, City Cler 4111 Slashingtan State Deparbnent at han sporta ton Project Review Reimbursable Agreement Project Review Reimbursable Agreement Applicant or Local Agency City of Yakima Billing Address 129 N. 2nd Street Yakima, WA 98901 Region South Central Contact Email brett.sheffield@yakimawa.gov Agreement / Number `�5�6 �I Contact Name Brett Sheffield Contact Phone (509) 576-6797 Estimated Costs This estimate is based on the best available information to date and includes WSDOT's Indirect Cost Rate Surety $ Amount Not Applicable SR 82 MP 31.37 - 33.48 Project Name I-82/US 12 Interchange to Yakima Ave -Add lanes / Replace Bridges Detailed Description of Work by WSDOT Project Review 0 See Exhibit "A" and Exhibit "B" for Scope of work and Cost Estimate Inspection Other X (see description of work) This AGREEMENT is made and entered into by and between the Washington State Department of Transportation, hereinafter "WSDOT," and the above named "APPLICANT OR LOCAL AGENCY", hereinafter the "ENTITY," WHEREAS, the ENTITY has requested WSDOT to perform the above described work, and WSDOT is authorized and willing to perform the work, and WHEREAS, the ENTITY is responsible for the costs associated with the work, NOW THEREFORE, pursuant to the terms, conditions and performances contained herein and/or attached hereto, and by this reference made a part of this Agreement, it is mutually agreed between the Parties hereto as follows 1. GENERAL 1.1 The WSDOT agrees to perform the above described work requested by the ENTITY, using state labor, equipment and materials. 1.2 To secure payment of the potential costs incurred in the review process, WSDOT requests that a Surety Amount in the form of Bond, Assignment of Escrow, Certificate of Deposit, Irrevocable Letter of Credit, Check or Money Order in the amount listed above accompany the endorsed original copy of this Agreement. DOT Form 224-102 EF Revised 02/2013 Page 1 1.3 All WSDOT reviews, and/or inspections provided by WSDOT are solely for the benefit of WSDOT and not for the ENTITY or any other third party. 2. PAYMENT 2.1 The ENTITY, in consideration of the faithful performance of the work by WSDOT, agrees to reimburse WSDOT for the actual direct and related indirect costs associated with the work, including WSDOT's current administrative indirect cost rate. 2 2 The ENTITY agrees to make payment for the work by WSDOT within thirty (30) calendar days from the date of a state invoice. 2.3 The ENTITY agrees that if it fails to make payment within thirty (30) calendar days of the invoice, the WSDOT may charge interest in accordance with RCW 43.17.240 and may elect to send the outstanding invoice(s) to a WSDOT contracted collection agency resulting in the assessment of additional fees and/or penalties. 2 4 Upon payment of all WSDOT invoices by ENTITY, WSDOT will release rights of remaining Surety Amount. 3. INCREASE IN COST 3.1 The Parties agree that the estimated cost of the work may be exceeded by up to twenty-five (25) percent. In the event costs exceed the estimated costs by more than twenty-five (25) percent the Parties agree to modify the estimated cost of work by written amendment, signed by both Parties. 4. ASSIGNMENT 4.1 This Agreement, and any claim arising under this Agreement, shall not be assignable or delegable by either Party, either in whole or in part. 5. INDEMNIFICATION 5.1 The ENTITY shall defend, protect and hold harmless WSDOT, its officers, officials, employees, and/or agents from and against all claims, suits or actions arising from the negligent acts or omissions of ENTITY, its officers, officials, employees, assigns, contractors, sub -contractors, tenants, sub -tenants, licensees, invitees and/or agents while performing under the terms of this Agreement. This defense and indemnity obligation shall not include such claims, actions, costs, damages, or expenses which may be caused by the sole negligence of WSDOT, its officers, officials, employees, contractors, sub -contractors and/or agents, provided, however, that if the claims, suits or actions are caused by or result from the concurrent negligence of (a) WSDOT, its officers, officials, agents, contractors, sub -contractors or employees and (b) the ENTITY, its officers, officials, employees, assigns, contractors, sub -contractors, tenants, sub -tenants, licensees, invitees and/or agents, or involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the ENTITY or its officers, officials, employees, assigns, contractors, sub -contractors, tenants, sub -tenants, licensees, invitees and/or agents. ENTITY specifically assumes potential liability for the actions brought by ENTITY'S employees and solely for the purposes of this indemnification and defense, ENTITY specifically waives any immunity it may be afforded in connection with such claims under the State industrial insurance law, Title 51 RCW. ENTITY recognizes that this waiver was the subject of mutual negotiations This indemnification and waiver shall survive the termination of this Agreement. DOT Form 224-102 EF Revised 02/2013 Page 2 6. AMENDMENT 6.1 This Agreement may be amended by the mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties 7. TERMINATION 7.1 Either Party may terminate this Agreement, with or without cause, by providing written notice to the other of such termination and specifying the effective date thereof at least thirty (30) calendar days before the effective date of such termination. The ENTITY will reimburse WSDOT for all charges up to the date of termination. 8. DISPUTES 8.1 The Parties shall work collaboratively to resolve disputes and issues arising out of, or related to this Agreement. Disagreements shall be resolved promptly and at the lowest level of hierarchy. 8.2 In the event that a dispute arises under this Agreement which cannot be resolved by the parties as outlined in Section 8.1, the dispute will be settled in the following manner: Each Party will appoint a member to a dispute board The members so appointed will jointly appoint a third member to the dispute board who is not employed by or affiliated in any way with either Party. The dispute board will evaluate the facts, contract terms, and applicable statutes and rules and make a determination of the dispute. The determination of the dispute board will be final and binding on the Parties. Any costs associated with appointing the third member will be equally shared between the Parties Each Party shall be responsible for its own costs, including attorneys fees. 8.3 The Parties agree that any legal action to enforce any right or obligation under this Agreement may only be brought in Thurston County Superior Court. 9. TERM OF AGREEMENT 9 1 The term of the Agreement shall begin upon the date of execution and shall remain in effect until WSDOT has completed the above desribed work and the ENTITY has made full payment, whichever comes last, unless modified according to Section 6, "AMENDMENT," above. DOT Form 224-102 EF Revised 02/2013 Page 3 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date last signed by the PARTIES below. Signature Printed. Title Date ENTITY WASHINGTON STATE DEPARTMEAI-YOF T Signature ,V2�r��' Ly =zZ�� Printed' M CoORes G7-- V144-M#6-eiZ s// TIN. 91' 6.00/Q 93 OR Social Security Number CITY CONTRACT NO: 2 0/ 7 - 0 ,5 RESOLUTION NO: R-- of 7 — CS -9 DOT Form 224-102 EF Revised 02/2013 ATION Title. Date Todd V. Trepanier, P.E. Regional Administrator 5/ZZ/7 Page 4 BOISE CASCADE MILL PROJECT & TRANSPORTATION CORRIDOR EXHIBIT "A" SCOPE OF WORK AND SCHEDULE WORK TO BE PERFORMED BY VERG PHASE 1 1. Construct 3D Computer Model of the transportation corridor — as shown in attached print from HW Lochner. Note, the proposed 1-82 interchange design that will be modelled will be the design referenced in the WSDOT IJR. All other design aspects will be represented from the HW Lochner/HLA engineering design files The over-all 3D model will be immersive as possible by including city/county buildings, trees, etc that are close to the corridor alignment. Additionally, the Greenway pedestrian bridge will be 3D modeled in conjunction with the over-all corridor model 2. Produce Project Introduction Video. This video will intro the over-all transportation corridor and the resultant benefits following construction. It will also topically speak about other, related, chaptered videos and end with "stay tuned for more productions" to come Note, an official project name is needed. 3. Aerial Photography / Videography. As part of the above-mentioned productions, there will most likely be a need to obtain supportive aerial imagery that will be worked into the 3D design visualizations and video productions. PHASE 2 1 Produce additional work products based on additional scoping discussions between VERG and City. A written scope for these additional work products will be developed and agreed to prior to commencing the work. There are related stories to the building of the transportation corridor and those will be told through separate work products such as 2D renderings, chapter videos or animations. Additional videos that will act as "chapters" to the Introduction video Note, some of these productions can come from previously finished videos and / or from other partner productions. Here are recommended chaptered videos: a. Cultural history of the Boise Cascade Mill site — why it existed and what it brought to the community. b. Detailed review of the new east -west transportation corridor connecting Terrace Heights to the City, reducing stress on Yakima Ave., a RxR crossing and ultimately J Agreement Exhibit A — Scope of Work Page 2 of 2 making connections to Fruitvale Ave Here is where the 3D modeling of the design will be extensively used c. Environmental issues of the municipal landfill and what the city is doing about it so development of the Boise Cascade Mill site can move forward. d. Development/improvement of "H" St. and why it needs to occur. e. How the Greenway will be integrated into the new east -west transportation corridor. f. Developing the Boise Cascade Mill Site for commercial use and how it will integrate with the over-all city downtown revitalization WORK SCHEDULE BY VERG • Although the detail of the HLA/HW Lochner and WSDOT (182 Interchange) engineering design is unknown at this time, the construction of the 3D computer model of the transportation corridor and the production of the Introduction video will be done concurrently. Conservatively, at least 7 weeks will be needed. • The chaptered videos cover many different subjects with different details. Some of these productions will include interview -testimonies and other multi -faceted, detailed aspects. Conservatively, at least 6 weeks (+) per video will be needed • The aerial photography / videography will be accomplished in less than one day J Agreement Exhibit A — Scope of Work Page 2 of 2 BOISE CASCADE MILL PROJECT & TRANSPORTATION CORRIDOR EXHIBIT "B" COST ESTIMATE Cost Estimate Phase 1 — • For 3D computer model of corridor and production of Project Introduction video — $57/hr. (1 VERG modeler/videographer) x 8 hrs. x 5 days x 7 weeks = (conservatively) $15,000 00 $62/hr. (VERG manager) x 8 hrs. x 10 days = (conservatively) $5,000 00 • For Aerial Photography / Videography - ^'$1,000.00/hr. x 3 hours = $3,000.00 (3 hours are used for estimate; actual flight time could be less. Helicopter is from JR Helicopters in Yakima) VERG staff time included above Costs of Phase 1 will be split equally between WSDOT, City of Yakima and Yakima County except for WSDOT administrative overhead, which will be applied only to the costs for CITY and County. Cost Contingency of 25% for increased costs is included in the estimate. Phase 1 Cost Estimate Summary of City share of the cost: 3D Model Production: $6,667 Aerial Photography / Videography: $1,000 Increased cost Contingency (25%): $1,917 Total Cost Tess WSDOT Administrative Overhead $9,584 WSDOT Administrative Overhead (10.52%): $1,008 Total Cost to City Of Yakima: $10,592 Cost Estimate Phase 2 — • Additional work products including but not limited to 2D renderings, chapter videos, animations, etc. Each product has yet to be decided on, scoped and a script written, which will detail actual costs. For estimating purposes, videos will most likely range from $6,000.00 to $12,000 00 each. The number of additional products depends on the amount of funds provided by the City and County. For the purpose of this agreement, The City or County agrees to a total cost of $15,000 for each entity. EXHIBIT "B" Cost Estimate For these products, any work beyond the $15,000 will only be allowed through written and signed amendment to this agreement. Costs of Phase 2 will be split equally between City of Yakima and Yakima County WSDOT administrative overhead of 10.52% and Cost Contingency of 25% for increased costs are included in the estimate. Phase 2 Cost Estimate Summary of City share of the cost: Video Production: Increased cost Contingency (25%): Total Cost Tess WSDOT Administrative Overhead WSDOT Administrative Overhead (10 52%): Total Cost to City Of Yakima: $10,430 $2,607 $13,037 $1,371 $14,048 Agreement Total Cost Estimate Tess WSDOT Administrative Overhead: 522,621 Agreement Total Cost Estimate including WSDOT Administrative Overhead to billed to City of Yakima $25,000 EXHIBIT "B" Cost Estimate LOCHNER FINAL LAYOUT PLAN • EAST WEST CORRIDOR • BRAVO COMPANY BLVD. • I-82 MODIFICATIONS BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 6.1. For Meeting of: May 16, 2017 ITEM TITLE: Resolution authorizing a project review reimbursable agreement, in an amount not to exceed $31,250, with the Washington State Department of Transportation (WSDOT) to have their Visual Engineering Resource Group create videos displaying what the East-West Corridor will look like after construction SUBMITTED BY: Brett Sheffield, Chief Engineer, 576-6797 Scott Schafer, Director of Public Works SUMMARY EXPLANATION: The redevelopment of the Cascade Mill site is an economic development priority of the City Council. As the project is getting closer to construction, many people have questions regarding how access will be provided to the former Cascade Mill site. Since enough of the design has been completed to provide the necessary information needed to provide a design visualization, the City, Yakima County and WSDOT feel that it is a good time to do this work to show the modifications to the Yakima Avenue Interchange and the future East-West Corridor. The first video to be created will be a joint venture of WSDOT, the City and Yakima County that will cost each entity a maximum amount of $12,500. An additional maximum amount of $18,750 is being set aside by the City to develop additional videos (if needed) to explore the City's history with the site and the future north -south roadway access. The amount listed in the agreement is for $25,000; however, the contract allows for 25% more, if needed, and based upon the City's approval, therefore, the City's maximum amount authorized is $31,250. Funding from the Local Infrastructure Financing Tool (LIFT) will be used to pay for this work. The terms of the Project Review Reimbursable Agreement is attached for City Council review with Exhibit "A" and "B") Exhibit "A" of the Agreement describes the Scope of Work and Schedule in more detail. Exhibit "B" of the Agreement describes the Cost Estimate in more detail. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date D Resolution 5/5/2017 D VERG Project Review 5;5/2017 City Manager Type Cover Memo Cover Memo 2