HomeMy WebLinkAboutR-2008-051 Sawmill Study SIED Grant; Supporting Investments in Economic DevelopmentRESOLUTION NO. R-2008-51
A RESOLUTION Authorizing the City Manager to execute and submit a grant application
with Yakima County for funding from the Yakima County Supporting
Investments in Economic Development (SIED) Fund for infrastructure
improvements necessary for the Sawmill Redevelopment Planning
Project.
WHEREAS, Yakima County has established the Supporting Investments in Economic
Diversification (SIED) fund to assist the growth of business in the County; and
WHEREAS, economic development is a priority for the City of Yakima, and the City
intends to approach economic development on an inclusive, comprehensive basis which
involves public, private and community-based efforts to achieve new investment and
redevelopment in the City; and
WHEREAS, the Sawmill properties owners will conduct a feasibility study/planning
project in the vicinity of the former Yakima Resources/Boise property; and
WHEREAS, the cost to conduct the planning project is estimated to be in excess of
$75,000; and
WHEREAS, funding through a grant of up to $25,000 may be available from Yakima
County through the SIED Fund for studies and planning for infrastructure improvements, with
the balance of the study being funded by the private landowner/developer; and
WHEREAS, the private landowner/developer has requested that the City submit a grant
application with Yakima County to fund the feasibility study/planning project from the SIED
Fund; and
WHEREAS, identifying the location and related cost of building public facilities near and
within the sawmill site is a critical first stop toward making investments in necessary public
infrastructure; and
WHEREAS, information generated from this planning study will support City grant
applications to local, state and federal funding programs; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
authorize submittal of a grant application with Yakima County for funding of said feasibility
study/planning project from the SIED Fund, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute and submit grant application
with Yakima County for funding from the Yakima County Supporting Investments in Economic
Development (SIED) Fund for feasibility study/planning project necessary for the feasibility
study/planning project. The City Manager is hereby designated as the official representative of
the City to act in connection with that funding application and is authorized to take such
additional actions as may be necessary and prudent to complete the project.
1
ADOPTED BY THE CITY COUNCIL this 18th day of March, 2008.
ATTEST•
10 btr-tez
City Clerk
avid Edler, ayor
YAKIMA COUNTY
and
CITY OF YAKIMA
(Sawmill Study)
I. PARTIES
—S I'
SIED CONTRACT Ns YC SS 08
RECEIVED
JUN 3 0 2008
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
This Supporting Investments in Economic Diversification (hereinafter referred to as
SIED) Contract is made by and between Yakima County (hereinafter referred to as the
County) whose address is 128 North Second Street, County Courthouse, Room 102,
Yakima, Washington 98901, and the City of Yakima (hereinafter referred to as the
City) whose address is 129 North Second Street, Yakima, Washington 98901-2613.
Notices between the parties shall be made where and as provided for on Page 8, Section
XXII, NOTICES.
II. TERM
This Contract takes effect upon execution hereof by the authorized representatives of
both parties and continues in effect until fully peroformed by both parties or until
terminated as provided for in Section VIII, SUSPENSION, TERMINATION, AND
CLOSEOUT.
III. PURPOSE
The purpose of this Contract is to provide for the study of certain infrastructure
improvements planned by the City in accordance with RCW 82.14.370, to serve the
former Boise Cascade mill site in Yakima (the Study). The subject of the Study is the
feasability, cost, and optimal configuration of links between and among "R" Street, Fair
Avenue, 8th Street, and 9th Street, andthe associated utilities, so as to best promote
future business use of the site.
IV. RECITALS
The Parties make this. Contract based .on and in recognition of certain relevant facts and
circumstances including:
A. Sales and use taxes are collected in and for the County. under authority of RCW
82.14.370 and Yakima County Code 3.10.010 for the purpose of financing public
facilities in the County, and the proceeds are deposited in the Yakima County
Infrastructure Fund (also referred to as SIED Fund), according to YCC 3.10.040.
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B. The City proposes to conduct the Study with a combination of City, private,
and County funds, including $25,000.00 from the SIED Fund, to be in
the form of a grant, and thereafter to share the results of the Study for the
County for the mutual benefit of the parties.
C. RCW 82.14.370 was adopted to serve the goals of promoting business in
rural distressed areas, providing family wage jobs and the development of
communities of excellence in such areas, and the parties expect the Project
to further these goals.
D. RCW 43.160 and 43.160.020 adopted and amended for related purposes
with those of RCW 82.14.370, define public facilities to include various
buildings, structures and works, such as those which are the subject of the
Study.
E. The County, under authority of RCW 36.01.085, and by agreement of
February 19, 1999, has engaged the Yakima County Development
Association, also known as New Vision, to provide administrative and
technical assistance in furtherance of the County's economic development.
F. The County has also created the SIED Board to review applications for
grants from the SIED Fund and make recommendations for SIED Fund
investments based on commitment of other funds, potential for resulting
job creation, and other factors.
G. New Vision has investigated the Study proposal and assisted in preparing
the pending application for SIED funds, and the SIED Board has reviewed
the application for SIED funds and has recommended approval.
H. The SIED Fund balance is sufficient to make the requested contribution to
the Study.
I. RCW 39.34 authorizes interlocal agreements whereby municipal
governments may jointly exercise the powers granted to each.
V. MUTUAL CONSIDERATION
A. COUNTY GRANT—The County shall grant Twenty -Five Thousand
Dollars and Zero Cents ($25,000.00) to the City for the Study described
herein. This grant shall be by County warrant drawn on the SIED
Fund by County warrant, payable to the City, upon the next Yakima
County Auditor's warrant issue.
B. OWNERSHIP AND USE—The City shall commission the Study and
thereafter shall promptly provide a copy of the written report thereof to the
County, so that both parties may use them for economic development
development planning purposes. .
VI. RECORDS, REPORTS AND AUDITS
The City agrees to maintain such records, make such reports and follow such
procedures as may be required by the County, pertaining to this Contract. All
records pertaining to this Contract and work undertaken hereunder shall be
retained by the City for a period of three years after final audit unless a longer
period is required to resolve audit findings or litigation. The County and other
authorized representatives of the State and Federal government shall have access
to any books, documents, papers, and records of the City which pertain to this
Contract or work undertaken hereunder for the purpose of making audit,
examination, excerpts, and transcriptions.
VII. RELATIONSHIP OF PARTIES AND AGENTS
A. The relationship of the. City to the County, with regard to construction of
the Project, shall be that of an independent contractor rendering
professional services. The City shall have no authority to execute contracts
or to make commitments on behalf of the County and nothing contained
herein shall be deemed to create the relationship of employer and employee
or principal and agent between the County and the City.
B. The City represents that it has or will secure at its own expense all
personnel, contractors, and/or subcontractors required in order to perform
work under this Contract. Such personnel shall not be employees of the
County. All such personnel, contractors, and/or subcontractors shall be
fully qualified and authorized/permitted under State and/or local law to
perform such services.
C. All services required hereunder will be performed by the City or under its
supervision and all personnel engaged in the work shall be fully qualified
and shall be authorized or permitted under State or local law to perform
such services.
VIII. SUSPENSION, TERMINATION, AND CLOSEOUT
If the City fails to comply with the terms and conditions of this Contract, the
County may pursue such remedies as are legally available, including, but not
limited to, the suspension or termination of this Contract in the manner specified
herein:
A. SUSPENSION—If the City fails to comply with terms and conditions of
this Contract, or whenever the City is unable to substantiate full
compliance with provisions of this Contract, the County may suspend this
Contract pending corrective action or investigation, effective not less than
seven days following written notification to the City or its authorized
representative. The suspension will remain in full force and effect until the
City has taken corrective action to the satisfaction of the County and is able
to substantiate its full compliance with the terms and conditions of this
Contract. No obligations incurred by the City or its authorized
representative during the period of suspension will be allowable under this
Contract, except:
1. Reasonable, proper, and otherwise allowable costs which the City
could not avoid during the period of suspension;
2. Otherwise allowable costs incurred during the period of
suspension, if upon investigation, the County is satisfied of the
City's compliance with the terms and conditions of this Contract
to the extent of the compensation claimed by the City.
B. TERMINATION FOR CAUSE—If the City fails to comply with the
terms and conditions of this Contract and any of the following conditions
exist:
1. The lack of compliance with the provisions of this Contract were
of such scope and nature that the County deems continuation of
this Contract to be substantially detrimental to the interests of the
County;
2. The City has failed to take satisfactory action as directed by the
County or its authorized representative within the time period
specified by same;
3. The City has failed within the time specified by the County or its
authorized representative to satisfactorily substantiate its
compliance with the terms and conditions of this Contract; then,
4. The County may terminate this Contract in whole or in part, and
thereupon shall notify the City of termination, the reasons therefore,
and the effective date, provided such effective date shall not be prior to
notification of the City. After this effective date, no charges incurred
under any terminated portions outlined in the application for funding
are allowable.
C. TERMINATION FOR OTHER GROUNDS—This Contract may also
be terminated in whole or in part by mutual consent and written agreement
setting forth the conditions of termination, including effective date and, in
case of termination in part, that portion to be terminated.
IX. COPYRIGHT RESTRICTION
No report, maps, or other documents produced in whole or in part under this
Contract shall be the subject of an application for copyright by or on behalf of
the City.
X. COMPLIANCE WITH LAWS
The County and the City shall comply with all applicable laws, ordinances, and
codes of the Federal, State and local governments with regard to the
performance of this Contract.
XI. TITLE VI OF THE CIVIL RIGHT ACT OF 1964.
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds
of race, color, creed, religion, sex, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving Federal financial assistance:
XII. SECTION 109—HOUSING AND COMMUNITY DEVELOPMENT ACT
OF 1974
No person in the United States shall on the grounds of race, color, creed,
religion, sex, or national origin be excluded from participation in, be denied
benefits of, or be subjected to discrimination under any program or activity
funded in whole or in part with funds made available under this title.
XIII. AGE DISCRIMINATION ACT OF 1975 (As Amended)
No person shall be excluded from participation, denied program benefits, or
subjected to discrimination on the basis of age under any program or activity
receiving Federal funding assistance. (42 U.S.C. 610 et. seq.)
XIV. SECTION 504 OF THE REHABILITATION ACT OF 1973 (As Amended)
No otherwise qualified individual shall, solely by reason of his or her handicap,
be excluded from participation (including employment), denied program
benefits, or subjected to discrimination under any program or activity receiving
Federal funds (29 U.S.C. 794).
XV. INTEREST OF MEMBERS OF THE COUNTY AND THE CITY
No member of the governing body of either party and no other officer, employee,
or agent of either party who exercises any functions or responsibilities in
connection with the planning or carrying out of the Project shall have any
personal financial interest, direct or indirect, in this Contract.
XVI. HOLD HARMLESS AND INDEMNITY
The City shall indemnify and hold harmless the County, its officers, agents, and
employees, from all liability, loss or damage, including costs of defense they
may suffer as a result of claims, demands, actions costs, or judgments which
result from the activities to be performed by the City, its agents, employees, or
subcontractors pursuant to this Contract.
XVII. PUBLIC LIABILITY
The City or its contractor(s) shall maintain for the duration of work under this
Contract, issued on an occurrence basis, comprehensive liability insurance with
a combined single limit of not less than one million dollars ($1,000,000) from a
company authorized to provide insurance in the State of Washington. Said
policies shall provide that the policy shall not be canceled or altered by any party
without written notice to Yakima County, delivered not less than thirty (30) days
prior to such cancellation or alteration. Applicant certifies that comprehensive
liability insurance with a combined single limit of not less than $1,000,000.00 is
in effect.
XVIII. ASSIGNABILITY
The City shall not assign any interest in this Contract and shall not transfer any
interest in this Contract (whether by assignment or novation) without prior
written consent of the County thereto, provided, however, that claims for money
by the City from the County under this Contract may be assigned to a bank, trust
company, or other financial institution without such approval. Written notice of
any such assignment or transfer shall be furnished promptly to the County by the
City.
XIX. NON -WAIVER
The failure of either party to insist upon 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.
XX. CONTRACT MODIFICATIONS
It is mutually agreed and understood that no modification or waiver of any
clause or condition of this Contract is binding upon either party unless such
modification or waiver is in writing and executed by the County and the City.
XXI. SEVERABILITY
If any portion of this Contract is changed per mutual contract or any portion is
held invalid, the remainder of this Contract shall remain in full force and effect.
XXII. NOTICES
Unless stated otherwise herein, all notices and demands shall be in writing and
sent or hand -delivered to the parties to their addresses as follows:
TO CITY:
TO COUNTY:
Bill Cook, Director
Community & Economic Development
City of Yakima
129 N Second Street
Yakima, WA 98901-2613
Steve Hill, Director
Yakima County Departments of
Community Services & Grant Management
128 North Second Street, Room 102
Yakima, WA 98901-2639
or to such other addresses as the parties may hereafter designate in writing.
Notices and/or demands shall be sent by registered or certified mail, postage
prepaid, or hand -delivered. Such notices shall be deemed effective when mailed
or hand -delivered at the addresses specified above.
XXIII. INTEGRATION
This Contract contains all terms and conditions agreed to by the County and the
City. There are no other oral or written agreements between the City and County
as to the subjects contained herein. No changes or additions to this Contract
shall be valid or binding upon either party unless such change or addition be in
writing and executed by both parties.
XXIV. GOVERNING LAW AND VENUE
All questions of the validity, construction, and application of this Contract shall
be governed by the laws of the State of Washington. Venue for any suit between
the parties arising out of this Contract shall be the Superior Court of Yakima
County, Washington.
XXV. FILING
Upon execution by the authorized representatives of the parties, a copy of this
Contract shall be promptly filed with the Yakima County Auditor pursuant to
RCW 39.34.040.
* * * * * * * * * * * * * * *
IN WITNESS WHEREOF, the County and the City have executed this Contract as of the
date and year last written below.
CITY OF YAKIMA
Richard A. Zais, Jr.,
Approved as to Form:
"f L� rnactp.GyC2
BOARD OF COUNTY COMMISSIONERS
ach:A
Ronald F. Gamache, Chairman
J.
Ray Paolella, City Attorney
CITY CONTRAC (NO: ';:r
RESOLUTION NO:
Attest:
Debbie Moore, City Clerk
Date
iyoe-
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SEAL z U
HMG 6
Elliott, Commissioner
Michael D. Leita, Commissioner
Approved as to Form:
John Sthffan, Deputy Prosecuting Attorney
CONTRACT AUTHORIZAT1. of
Attest: = q
Ti 64401<itrescl.*
DeputiA91rk (lah s
&LAC, -ALIAOLACJ
Christina S. Steiner, Clerk of the Board
VILLItOg
Date
,card
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Yakima County SIED Fund
Supporting Investments in
Economic Diversification
Application for Feasibility
or Planning Study Funds
Yakima County SIED Board
Supporting Investments In Economic Development Board
APPLICATION FOR FEASIBILITY STUDY/PLANNING PROJECT FUNDING
CERTIFICATION
Applicant: City of Yakima
Federal Tax Number: 91-6001293
Contact: Bili Cook
Title: Director of Community & Economic Development
Telephone: 509/575-6113
Fax: 509/576-6792
Email: bcook@ci.yakima.wa.us
Address: 129 North 2nd Street
Yakima, WA 98901
Indicate the minimum necessary total public project infrastructure costs.
Amount of SIED grant requested:
($25,000 Maximum per applicant per year)
Local match (minimum 20% of SIED request):
Other funding source(s):
TOTAL public project costs:
Project title: Sawmill Redevelo • ment Plannin
$ $25,000
$ $50;000+
Pro'ect
Resolution # authorizing application:
Declaration: I HEREBY CERTIFY THAT THE INFORMATION GIVEN IN THIS APPLICATION TO THE
SUPPORTING INVESTMENTS IN ECONOMIC DEVELOPMENT BOARD IS TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE AND BELIEF.
Signature of Responsible Official:
Print or Type Name and Title: Richard A. Zais, Jr., City Manager
Please Submit application to:
New Vision, P.O. Box 1387, Yakima, WA 98907-1387
(10 North Ninth Street Yakima, WA 98901)
Application for Funding Page 2 Yakima County SIED Program
Yakima County SIED Board
Supporting Investments In Economic Development Board
Oro improve the economic vitality of the Yakima County, SIED is authorized to make grants (and loans) to
Yakima County political subdivisions to conduct feasibility studies or planning projects that support tangible
or potential investments in public facilities.
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PROJECT DESCRIPTION
1. Describe the entire feasibility study or planning project, including the parts that you are not asking SIED to fund.
Specifically identify the public facilities (roads, water & wastewater lines, port facilities, buildings, etc.) being
evaluated as part of this project. (Note: public facilities being evaluated with SIED funds should be identified
in the applicant's capital facilities plan, or the County's Overall Economic Development Plan. These public
facilities must be clearly incorporated these plans as a condition of funding).
The City of Yakima wants to cooperatively work with the owners of the old sawmill in Yakima to
evaluate the location and costs of key public infrastructure needed to support redevelopment of this
200+ acre site at the edge of Interstate 82. In particular the City is interested in determining how "R"
street, Fair Avenue, 8th Street and 9th Street could be linked to promote access to this site. Water and
wastewater lines through the property will also be evaluated to determine how they can support site
specific future redevelopment options
In addition to scopong:out onfrastructure requirements, the,City also wants to contribute towards the
costs of completing a:market analysis-and.economic impact assessment surrounding future
development an this'area::Thos analysis will 'help determine the scope of necessary infrastructure
investments needed as,well as the benefits of extending or building these key, utilities.
Concurrentto these:planning activities, the saw mill ownership team,will be conducting a traffic study
srel m nar lans-surro_ unding. the cost and Io'cation� of a new interc ange ooffof nterstate g
9 p
and su art;future d f
82 to ser,�:e
13..; .... y.P.
pp evel,opm'ertt.
2. How will this project lead to investments in public facilities?
Identifying the location and related cost of building public facilities near and within the sawmill site is
a critical first step towards making investments in necessary public infrastructure. Information
generated from this planning study will support City grant applications to local, state and federal
funding programs.
3. List all funding sources for the feasibility/planning project and amount. Identify whether the amount has been
provided or is being requested. Provide the status and date the funds were approved or the date that funds
are expected to be approved:
SOURCE
SIED grant requested
Private land owner/developer
Total project costs
STATUS DATE AMOUNT
submitted March 2008 $ 25,000
committed March 2008 $ 50;000+
$ 75,000+
NOTE:
ALL REQUIRED FUNDING TO COMPLETE THE PROJECT MUST BE
SECURED WITHIN SIX MONTHS OFA SIED OFFER OF FINANCIAL AID.
Application for Funding
Page 3
Yakima County SIED Program
Yakima County SIED Board
Supporting Investments In Economic Development Board
4. Specifically, for what element(s) of the public project are SIED funds requested?
SIED funds would be used to identify the location and cost of key public infrastructure (roads, water,
sewer, etc.) needed to support redevelopment of the sawmill site. If additional funds are left after
completing this infrastructure analysis they would be used to support portions of the economic
impact/market feasibilitystud The sawmill owners u
nderstand thus SIED funding is limited and they
have agreed to cover the costs of e y f additional planning elements identified within this application.
5. Describe how the potential public facility project will enhance or encourage other development in the
immediate area (in addition to the direct investment in public facilities described in this application).
Improving access to this site, and enhancing water and sewer utilities could benefit other surrounding
land owners.
6. Identify the prospective location of the project. Please attach a map of the area indicating the proposed
project site.
Attached
7. What other jurisdictions, such as counties, cities, port districts, indian nations, or state/federal agencies are
involved in the planning, design, financing, construction or operation of this project?
Washington Department of Transportation Yakima County
Please explain how completion of the project is coordinated between other involved parties.
Regular contact will be made with the entities above once the project starts. Other public and private
parties will also be contacted and involved depending on specific discussions surrounding the
location and merits of making public facility investments in this area
B. EVALUATION OF FUNDING SOURCES AND FINANCIAL CAPACITY
Bi . Other public sources of funding for public economic development projects are listed below. Indicate which
public sources were investigated to fund this project, in addition to SIED. Indicate what the outcome was.
YES NO OUTCOME
FEDERAL:
Economic Development Administration _ _x_ _not timely
Rural Development _x_ _not eligible
Other:
STATE:
Community Development Block Grant _ _x_ not eligible
Public Works Trust Fund _x_ _not eligible
Department of Ecology _ _x_ _not eligible
CERB _ _x_ _not timely
Other x_
Application for Funding Page 4 Yakima County SIED Program
0B2. Explain why SIED funds are necessary and the outcome of the investigation of other fund sources:
Yakima County SIED Board
Supporting Investments In Economic Development Board
Other funding sources were evaluated but none of these programs can respond in a timely manner to
jumpstart this redevelopment discussion. Given the magnitude of this project, the City, New Vision and
the private mill ownership team will be looking at CERB planning funds for additional
planning/feasibility work that unfolds in the future. SIED funds may also be evaluated for these phase
two activities as well.
B3. Is this project on Yakima County's WA -CERT List? Yes No
If yes, this project ranks on the WA -CERT List
If no, explain why the project is not on the WA -CERT List
NOTE: The State has discontinued the WA -CERT process so this question no longer applies. The
project is listed on the County's official list of projects within the region's Comprehensive Economic
Developmetn Strategv
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B4. In the context of the local government's overall annual budget, explainthe need for SIED assistance. If the
applicant has budget reserves, please explain why these funds are not available for the project?
The City of Yakima does not have discretionary resources to complete this study. Yakima continues
to experience tight budget issues and must spend its resources on providing basic services (police,
fire, etc.).
B5. Identify funds (General Fund, Utility Fund, Property taxes, etc.) that could be available to repay loans made to
construct public facilities described in this application.
The City has not yet identified funding sources that could be used to repay loans for public facility
investments. Yakima hopes that this study helps illuminate funding options (including City resources)
that can be tapped for specific infrastructure investments.
C. PROJECT DESCRIPTION AND BUDGET
C1. Summarize the issues or opportunities facing your jurisdiction that necessitate a feasibility or planning study.
The sawmill site supported important economic activity for over 100 years. The mills' closure hit the
community hard and the City lost an important part of its tax base as a result. While it is painful to
lose a large historical employer, there is now an enormous opportunity to redevelop this site that
serves as an important and visual entrance to the entire region.
Completing this study is an essential first step towards redeveloping this area. The site is one of the
few Targe undeveloped tracts of land on an interstate freeway in Washington State.
Application for Funding Page 5 Yakima County SIED Program
Yakima County SIED Board
Supporting Investments In Economic Development Board
C2. Describe Project goals, desired outcomes and timelines using the table below (attach additional information
necessary):
Goals
Outcomes 1
Timelines
Identify capacity of existing water and sewer utilities
Determine whether new utility
investments are: needed to
support redevelopment
scenarios
April 2008
Identify capacity of existing roads and identify road
improvements necessary to support redevelopment
Preliminary location and cost
estimate prepared to support
redevelopment
May 2008
Conduct market analysis and economic impact assessment
surrounding redevelopment of site
Provide economic justification
for future public and private
investment in and near the
site
May 2008
Complete preliminary traffic analysis
Determine key access points
to site and the scope of road
improvements necessary
June 2008
Complete preliminary analysis surrounding the location and
cost of an interchange of Interstate 82
Cost estimates and locations
identified that support future
development
June 2008
C3. Identify project budget and match funds using the table below (Match can include in-kind contributions for u
to 50 percent of necessary match):
Category
Personnel/Benefits
SIED Funds
Matching Funds
Total Funds
Travel
Equipment/Supplies
Contractual
$25,000
Other
$50;000+
Administration
TOTAL
$75,000+
C3a. If you plan to use consultants or contractors to complete all or part of the project, please identify the firm or
type of firm you plan to hire for this project.
The City will hire a civil engineering firm to complete the utility and road planning portions of the
project. No specific firm has been identified or selected at this point.
Application for Funding Page 6 Yakima County SLED Program
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•C4. Describe plans to secure the total required funding for the public facility improvements. Is it secured or not,
and will capital facility funds be available in a timely manner (six months) upon completion of the proposed
feasibility or planning study?
Yakima County SIED Board
Supporting Investments In Economic Development Board
•
The City of Yakima and the private mill owners will develop strategies to secure funding for necessary
public improvements to the site based on the results of this planning study. Priorities for public
improvements will be established as a result of the study and public or private funds will be secured to
support specific redevelopment activities within or near the sawmill site.
C5. Describe job development expectations for the project in terms of the number of jobs created and/or retained,
anticipated wages, when jobs will be created (or retained), and opportunities the project may offer to our local
labor force and regional training providers.
Since the sawmill site is so large it is difficult to fully predict the variety of end uses that could occur
as a result of redevelopment activities. If the site can be redeveloped to support retail, commercial,
light industrial and/or residential activities, it could easily support over a 1000 new jobs. A significant
number of these new employment opportunities could be family wage jobs and it is likely that
redevelopment will trigger business investment that requires support from regional educational
institutions.
C6. How will businesses directly or indirectly benefit from the proposed project?
The site could serve as a magnet for a wide variety of businesses that want to put new facilities in
Yakima. Since the site is visible and accessible from the Interstate, it already has key water and sewer
systems in place, and it is mostly unencumbered by wetlands or environmental constraints, it is a very
attractive marketable site. Existing businesses in the Yakima region will benefit from having an
additional site option developed that could accommodate their expansion or relocation needs.
Application for Funding
Page 7 Yakima County SLED Program
,17
104
J -U -B ENGINEERS, Inc.
ENGINEERS • SURVEYORS • PLANNERS
J -U -B ENGINEERS, Inc. SF330 Code
PM Initials RHD
AGREEMENT FOR PROFESSIONAL SERVICES
J -U -B Project No.: 30 -
THIS AGREEMENT entered into this 111" day of April 2008, between City of Yakima, hereinafter referred to as the "CLIENT" and J -U -B
ENGINEERS, Inc., an Idaho Corporation of Boise, Idaho, hereinafter referred to as "J -U -B".
WITNESSETH:
WHEREAS the CLIENT intends to: apply for LIFT grant from the State of Washington hereinafter referred to as the "Project"; NOW,
THEREFORE, the CLIENT and J -U -B, in consideration of their mutual covenants herein, agree as set forth below:
MUTUAL RESPONSIBILITIES:
This Agreement is based upon a mutual obligation of good faith and fair dealing between the parties in its performance and enforcement.
Accordingly, the CLIENT and J -U -B, with a positive commitment to honesty and integrity, agree that each will assist in the other's performance; that each
will avoid hindering the other's performance; that each will work diligently to fulfill its obligations; and that each will cooperate in the common endeavor of
the Agreement.
CLIENT INFORMATION AND RESPONSIBILITIES
The CLIENT will provide to J -U -B all criteria and full information as to CLIENT's requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design
and construction standards, rules and laws which CLIENT or others will require to be included in the drawings and specifications upon which J -U -B can
rely for completeness and accuracy.
The CLIENT will furnish to J -U -B all data, documents, and other items in CLIENTs possession, or reasonably obtainable by CLIENT, including,
without limitation, borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and
equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements, surveys of record, property
descriptions; zoning, deed and other land use restrictions, rules and laws; and other special data or consultations, all of which J -U -B may use and rely
upon in performing Services under this Agreement.
The CLIENT shall designate a representative with authority to bind the CLIENT.
The CLIENT will obtain, arrange and pay for all advertisements for bids, permits and licenses required by local, state, province or federal
authorities, and all land, easement, rights -of -ways and access necessary for J -U -B's Services and Project construction.
In addition, the CLIENT will furnish to J -U -B: as per scope of services letter dated March 27, 2008.
PROJECT REPRESENTATIVES
The CLIENT and J -U -B hereby designate their authorized representatives to act on their behalf with respect to the services and responsibilities
under this Agreement. The following designated representatives are authorized to receive notices, transmit information and make decisions regarding
the Project on behalf of their respective parties, except as expressly limited herein. These representatives are not authorized to alter or modify the terms
and conditions of this Agreement.
For the CLIENT:
1. Name Bill Cook
Address 129 N. Second Street
Yakima, WA
98901
Special provisions or limitations:
Work telephone
Cell telephone
FAX telephone
E-mail address
(509) 575-6113
N/A
(509) 576-6792
bcook@ci.yakima.wa.us
For J -U -B:
1. Name Jeffrey R. Peters, P.E.
Address 2810 W. Clearwater Ave., Suite 201
Kennewick, WA
99336
Special provisions or limitations:
Work telephone
Cell telephone
FAX telephone
E-mail address
(509) 783-2144
N/A
(509) 736-0790
JPeters@jub.com
Page 1 of 4
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In the event any changes are made to the authorized representatives or other information listed above, the CLIENT and J -U -B agree to furnish.
each other timely, written notice of such changes.
SERVICES TO BE PERFORMED BY J -U -B ("Services")
J -U -B will as per scope of work letter dated March 27. 2008.
J -U -B assumes no responsibility to perform services not listed. Services which J -U -B performs at the request or acquiescence of the CLIENT
that are not listed are "Additional Services".
SCHEDULE OF SERVICES TO BE PERFORMED
J -U -B will perform said Services as follows: as per scope of work letter dated March 27, 2008.
This schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, character or size of the Project requested
by the CLIENT or for delays or other causes beyond J -U -B's control.
BASIS OF FEE
The CLIENT will pay J -U -B for their Services and reimbursable expenses as follows: -00) Litt Application Assistance - Lump Sum basis
$25,000.
The CLIENT will pay J -U -B for all Additional Services on a time and materials basis.
File Folder Title:
Remarks:
The Notice to Proceed, by the CLIENT, verbal or written, constitutes acceptance of this Agreement. THE TERMS AND
CONDITIONS, INCLUDING RISK ALLOCATION, ON THE ATTACHED SHEET, ARE PART OF THIS AGREEMENT. THE
CLIENT AGREES TO SAID TERMS AND CONDITIONS.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
CLIENT:
City of Yakima, Community & Economic Development Dept
NAME
129 N. Second Street
STREET
Yakima W 98901
BY (Signature)
Richard A. Zais, Jr., City Manager
NAME /TITLE
J -U -B:
2810 W. Clearwater Avenue, Suite 201
STREET
Kennewick, WA 99336
CITY /STATE / CODE is6(�%-��
BY (Si ature)
Richard H. Door, P.E., Project Manager
Page 2 o1 4
NAME / TITLE
REV: 11/8104
•4 • O.
J -U -B ENGINEERS, Inc.
TERMS AND CONDITIONS
GENERAL
J -U -B shall provide for the CLIENT professional Services as set forth herein. The Services will be performed in accordance with generally
accepted professional practices for the intended use of the Project. J -U -B MAKES NO OTHER WARRANTY EITHER EXPRESSED OR IMPLIED. The
CLIENT acknowledges and agrees that legal requirements governing the Project may be subject to various and possibly contradictory interpretations;
and, J -U -B will therefore use its reasonable professional efforts and judgment to interpret such requirements.
J -U -B shall not be responsible for acts or omissions of any party involved in the Project other than their own, including but not limited to failure
of a third party to follow J -U -B's recommendations; the means, methods, techniques, sequences or procedures of construction selected by CLIENT or
third parties; safety programs and precautions selected by third parties; compliance with laws, rules, regulations, ordinances, codes, orders or authority
by CLIENT and third parties; and any contact or action of the CLIENT or others with third parties. CLIENT therefore indemnifies and holds J -U -B
harmless from the actions and omissions of CLIENT and third parties involved in the Project.
J -U -B shall not be required to sign any documents, no matter by whom requested, that would result in J -U -B's having to certify, guarantee or
warrant the existence of conditions whose existence J -U -B cannot ascertain. The CLIENT also agrees not to make resolution of any dispute with J -U -B
or payment of any amount due to J -U -B in any way contingent upon J -U -B signing any such certification.
In soil investigation work and in determining subsurface conditions for the Project, the characteristics may vary greatly between successive test
points and sample intervals. J -U -B will coordinate this work in accordance with generally accepted practice of the professional Services being provided
and makes NO OTHER WARRANTIES EXPRESSED OR IMPLIED, or as to the professional advice furnished by others.
Resetting of survey and/or construction stakes shall constitute Additional Services.
CONSTRUCTION PHASE SERVICES
Unless otherwise agreed, J -U -B's Services under this Agreement will be considered to be complete and final upon completion of the Services
described herein. Unless otherwise agreed, it is understood and agreed that J -U -B's Services under this Agreement do not include Project observation,
review of the contractor's performance, or any other construction phase services, and the CLIENT assumes all responsibility for interpretation of the
documents associated with the Project and for construction observation or review, and indemnifies J -U -B from and waives any claims against J -U -B that
may be in any way connected thereto or arise therefrom.
It is further understood and agreed that J -U -B does not have control over, and neither the professional activities of J -U -B nor the presence of
J -U -B at the Project site shall give J -U -B control over contractor(s) work nor shall J -U -B have authority over or responsibility for the means, methods,
techniques, sequences or procedures of construction selected by contractor(s), for safety precautions and programs incident to the work of the
contractor(s) or for any failure of contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to contractor(s) furnishing
and performing their work or providing any health and safety precautions required by any regulatory agencies. Accordingly, J -U -B can neither guarantee
the performance of the construction contracts by contractor(s) nor assume responsibility of contactor(s) failure to furnish and perform their work in
accordance with the contract documents.
The CLIENT agrees that the general contractor shall be solely responsible for jobsite safety, and warrants that this intent shall be carried out in
the CLIENTs contract with the general contractor. The CLIENT also agrees that the CLIENT, J -U -B and J -U -B's subconsultants shall be indemnified by
the general contractor in the event of general contractor's failure to assure jobsite safety and shall be made additional insureds under the general
contractor's policies of general liability insurance.
OPINIONS OF COST
Since J -U -B has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s)' methods of
determining prices, or over competitive bidding or market conditions, J -U -B's opinions of probable total Project costs and construction, if any, are to be
made on the basis of J -U -B's experience and qualifications, and represent J -U -B's best judgment as an experienced and qualified professional engineer,
familiar with the construction industry; but J -U -B cannot and does not guarantee that proposals, bids or actual total project or construction costs will not
vary from opinions of probable cost prepared by J -U -B. If the CLIENT wishes greater assurance as to total project or construction costs, CLIENT shall
employ an independent cost estimator. J -U -B's services to modify the Project to bring the construction costs within any limitation established by the
CLIENT will be considered Additional Services and paid for as such by the CLIENT.
REUSE OF DOCUMENTS
All documents and magnetic media and other communication or information formats ("Documents"), prepared or furnished by J -U -B pursuant to
this Agreement are instruments of service with respect to the Project and shall remain the property of J -U -B whether or not the Project is completed.
Although CLIENT may make and retain copies of Documents for information and reference in connection with use on the Project by CLIENT, J -U -B shall
retain all common law, statutory and other reserved rights, including the copyright thereto, and the same shall not be reused without J -U -B's written
consent. Any reuse without written consent by J -U -B, or without verification or adoption by J -U -B for the specific purpose intended by the reuse, will be at
CLIENTS sole risk and without liability or legal exposure to J -U -B. The CLIENT shall indemnify and hold J -U -B harmless from any claims, damages,
losses and expenses arising out of or resulting from such reuse.
Copies of Documents that may be relied upon by CLIENT are limited to the printed copies (also know as hard copies) that are signed or sealed
by J -U -B. Files in electronic media format of text, data, graphics, or of other types that are furnished by J -U -B to CLIENT are only for convenience of
CLIENT. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk.
Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's
creator, the CLIENT agrees that it will perform acceptance tests or procedures within 60 days, after which the CLIENT shall be deemed to have accepted
the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by J -U -B. J -U -B shall not be responsible to maintain
documents stored in electronic media format after acceptance by CLIENT.
When transferring documents in electronic media format, J -U -B makes no representations as to long term compatibility, usability, or readability
of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by J -U -B at
the beginning of this Project.
TIMES OF PAYMENTS
J -U -B shall submit monthly statements for Services rendered and for expenses incurred, which statements are due on presentation. CLIENT
shall make prompt monthly payments. If CLIENT fails to make any payment in full within ten (10) days after receipt of J -U -B's statement, the amounts
due J -U -B will accrue interest at the rate of 1% per month from said tenth day. If the CLIENT fails to make payments when due or otherwise is in breach
of this Agreement, J -U -B may suspend performance of Services upon five (5) days notice to the CLIENT. J -U -B shall have no liability whatsoever to the
CLIENT for any costs or damages as a result of such suspension caused by any breach of the Agreement by the CLIENT. Upon cure of breach or
payment in full by the CLIENT within thirty (30) days of the date breach occurred or payment is due, J -U -B shall resume Services under the Agreement,
and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and
expense necessary for J -U -B to resume performance. If the CLIENT fails to make payment as provided herein within thirty (30) days after suspension of
Services, such failure shall constitute a material breach of this Agreement and shall be cause for termination of this Agreement by J -U -B.
Page 3 of 4
TERMINATION
The obligation to provide further Services under the Agreement may be terminated by either party upon thirty (30) days written notice in the
event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. If this Agreement is
terminated by either party, J -U -B will be paid for Services rendered and for expenses incurred to the date of such termination, plus an allowance for
demobilization costs as determined by J -U -B. Such demobilization costs shall be the cost and expense J -U -B incurs in withdrawing its labor and
resources from the Project, and obtaining and engaging in a new project with the labor and resources withdrawn from the Project.
RISK ALLOCATION
The CLIENT is aware of the risks, rewards, and benefits of the Project and J -U -B's total fee for services. The risks are hereby allocated such
that the CLIENT agrees that, to the fullest extent permitted by law, the total combined liability of J -U -B, its agents, employees; and insurers, to the
CLIENT, directly or through third parties for all injuries, claims, expenses, costs and fees, damages or claims of expenses arising out of this Agreement
from any cause, shall not exceed the amount of J -U -B's fees, as of the date of this Agreement. Such causes include, but are not limited to, J -U -B's
negligence, errors, omissions, strict liability, and breach of this Agreement. In no event shall J -U -B be liable for any incidental, indirect or consequential
damages.
The Client agrees that J -U -B is not responsible for damages arising directly or indirectly from any delays for causes beyond J -U -B's control. For
purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural
disasters; fires, riots, war or other emergencies or acts of God; failure of any government agency or other third party to act in a timely manner; failure of
performance by the CLIENT or the CLIENTs contractors or consultants; or discovery of any hazardous substance or differing site conditions. In addition,
if the delays resulting from any such causes increase the cost or time required by J -U -B to perform its services in an orderly and efficient manner, J -U -B
shall be entitled to an equitable adjustment in schedule and compensation.
HAZARDOUS WASTE AND ASBESTOS
The CLIENT agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold
harmless J -U -B, its officers, partners, employees and consultants (collectively, J -U -B) from and against any and all claims, suits, demands, liabilities,
losses, damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence,
handling, removal, abatement, or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on, about or adjacent to the
Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of
action, except for the sole negligence or. willful misconduct of J -U -B.
RIGHT OF ENTRY
. The CLIENT shall provide for J -U -B's right to enter the property owned by the CLIENT and others in order for J -U -B to fulfill the Services to be
Performed hereunder. The CLIENT understands that use of testing or other equipment may unavoidably cause some damage, the correction of which is
not part of this Agreement. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless J -U -B, it's officers, directors,
employees and subconsultants (collectively, J -U -B) against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs,
arising or allegedly arising from procedures associated with testing or investigative activities or connected in any way with the discovery of hazardous
materials or suspected hazardous materials on the property.
MEDIATION BEFORE LITIGATION
In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the
CLIENT and J -U -B agree that all disputes between them arising out of or relating to this Agreement or the Project, except for the payment of J -U -B's fees,
shall be submitted to nonbinding mediation as a condition precedent to litigation unless the parties mutually agree otherwise. The CLIENT further agrees
to include a similar mediation provision in all agreements with independent contractors and consultants on the Project, and also to include a similar
mediation provision in all agreements with their subcontractors, subconsultants, suppliers and fabricators on the Project, thereby providing for mediation
as the primary method for dispute resolution among the parties to all those agreements.
LEGAL FEES
In the event of any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute
concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and
expenses including attorney's fees as may be set by a court.
SURVIVAL
Notwithstanding completion or termination of this Agreement for any reason, all rights, duties and obligations of the parties to this Agreement
shall survive such completion or termination and remain in full force and effect until fulfilled.
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the CLIENT and J -U -B and supersedes all prior negotiations,
representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed, by both CLIENT and J -U -B.
SUCCESSORS AND ASSIGNS
CLIENT and J -U -B are hereby bound, and the partners, successors, executors, administrators and legal representatives of such other party, in
respect of all the covenants, agreements and obligations of this Agreement.
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against J -U -B.
J -U -B's services under this Agreement are being performed solely for the CLIENTs benefit, and no other party or entity shall have any claim against
J -U -B because of this Agreement or the performance or nonperformance of services hereunder. In the event of such third party claim, CLIENT agrees to
indemnify and hold J -U -B harmless from the same. The CLIENT and J -U -B agree to require a similar provision in all contracts with contractors,
subcontractors, subconsultants, vendors and other entities involved in the Project to carry out the intent of this provision.
CONTROLLING LAW, JURISDICTION, AND VENUE
This Agreement is to be governed by the law of the State of Idaho, principal place of business of J -U -B. Any action or proceeding arising from
or in connection with this Agreement shall subject to the exclusive jurisdiction of the State of Idaho. Venue shall be proper in Ada County.
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 11
For Meeting of: March 18, 2008
ITEM TITLE: Consideration of a resolution authorizing the City Manager to execute and
submit a $25,000 grant application and contract with the Yakima County
Supporting Investments in Economic Diversification (SIED) fund for the Sawmill
Redevelopment Planning Project.
SUBMITTED BY:
ook, Director of Community and Economic Development
CONTACT: Bill Cook, 575-6113
SUMMARY EXPLANATION:
The City of Yakima is working cooperatively with the owners of the old sawmill in Yakima to
evaluate the location and costs of key public infrastructure needed to support redevelopment
of this 200+ acres site along the 1-82 corridor.
Identifying the location and related cost of building public infrastructure to and through the
sawmill site is a critical first step toward development of the property. Information generated
from this planning study will support City grant applications to local, state and federal funding
programs.
With Council approval, the City will be eligible to apply for and accept SIED funds for the
project, in the amount of $25,000. The SIED program is a Yakima County funding source for
economic development that originates from a refund of County tax revenue from the State of
Washington. SIED is administered for the County by YCDA/New Vision, and the advisory
board is appointed by the County, with nominations from the cities.
Resolution X Ordinance _ Contract _ Other: Grant Application
Funding Source: Yakima County SIED Fund
Approval for Submittal:
City Mager
STAFF RECOMMENDATION: Staff recommends approval of the Resolution
BOARD/COMMITTEE/COMMISSION RECOMMENDATION: The Council Economic
Development Committee discussed the feasibility study/planning project at their meeting on
February 6. The Committee is in favor of pursuing a SIED grant for the project.
COUNCIL ACTION:
1
rJ-LI-B .2) AUTHORIZATION FOR ADDITIONAL SERVICES
J -U -B ENGINEERS, Inc.
DATE: July 22, 2008
CLIENT: City of Yakima PROJECT NO.: 30-08-022
PROJECT NAME: Yakima LIFT Application Assistance
TASK DESCRIPTION:
The following additional items of work on the project referenced above have been or will be
provided by J -U -B ENGINEERS, Inc. These additional services are a supplement to the scope
of services contained in J -U -B's existing Agreement for Engineering Services for the project
dated April 11, 2008.
Description of Additional Services: Attendance at additional meetings that were not anticipated.
Update the spreadsheet model to reflect changes recommended by CTED and correct Taxing
Rates provided by Dept of Revenue (DOR) Research and provide employee information for
land use types that were not provided by DOR/CTED or were inaccurate.
J -U -B ENGINEERS, Inc. was verbally authorized to proceed and provide these services by:
Michael Morales
Name
June 25, 2008
Date
J -U -B ENGINEERS, Inc. will provide these additional services as follows:
Additional Services Lump Sum Fee: $4,000
Previous Task Total (if applicable): $25,000
New Task Total: $29,000
F YAKIMA J -U -B ENGIN
Client or Representative Signature
Print or Type Name and Title
Date: 0 VU Y
By:
Date:
Print or Type Name and Title
'TI2z,oe
Please sign both (2) original authorizations. Retain one (1) and return the remaining to the office of the Engineer.
30-08-022/AAS