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HomeMy WebLinkAbout11/04/2024 07.E. Resolution authorizing Interagency Agreement with Washington State Department of Transportation for Field Survey Collection O F`} '� i4 =+ ',t'1,`'k`OAA`l VD . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.E. For Meeting of: November 4, 2024 ITEM TITLE: Resolution authorizing Interagency Agreement with Washington State Department of Transportation for Field Survey Collection SUBMITTED BY: Bill Preston, Acting City Engineer SUMMARY EXPLANATION: The City of Yakima desires to enter into Interagency Agreement GCC 1057 with the Washington State Department of Transportation (WSDOT). The agreement is non-financial and provides an exchange of services between the parties. DOT will provide cadastral roadway monument coordinates within the City of Yakima. The City of Yakima will provide Database and GIS Development services. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution WSDOT ILA GCC 1057 31 RESOLUTION NO. R-2024- A RESOLUTION authorizing Agreement GCC 1057 with the Washington State Department of Transportation for Field Survey Collection WHEREAS, the City of Yakima (CITY) desires to enter into Interagency Agreement GCC 1057 with the Washington State Department of Transportation (DOT) for field survey collection; and WHEREAS, pursuant to chapter 39.34 RCW the City and the DOT mutually agree to a non-financial agreement for an exchange of services between the parties; and WHEREAS, the City agrees to provide DOT with Database and GIS Development; and WHEREAS, the DOT agrees to provide the CITY with coordinates and meta data of cadastral roadway monuments within the City of Yakima; and WHEREAS, the City Council finds that it is in the best interests of the City and its residents to enter into this non-financial Interagency Agreement GCC 1057 with the Washington State Department of Transportation; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is authorized and directed to sign the non-financial Interagency Agreement GCC 1057 between the Washington State Department of Transportation and the City of Yakima, attached hereto and incorporated herein by reference. ADOPTED BY THE CITY COUNCIL this 4th day of November, 2024. Patricia Byers, Mayor ATTEST: Rosalinda Ibarra, City Clerk 32 Agreement GCC 1057 Between Washington State Department of Transportation and the City of Yakima This Agreement is entered into between the State of Washington, Department of Transportation, hereinafter called the "WSDOT," and the City of Yakima, hereinafter called the "City." RECITALS 1. The City has requested and WSDOT has agreed to perform the Work described below. 2. WSDOT has requested and the City has agreed to perform the Work described below. Now therefore, pursuant to chapter 39.34 RCW the above recitals that are incorporated herein as if fully set forth below, and in consideration of the terms, conditions, covenants, and performances contained herein, it is mutually agreed as follows: 1.0 STATEMENT OF WORK WORK PROVIDED BY WSDOT WSDOT will provide the City with survey quality coordinates and meta data of cadastral roadway monuments within the City of Yakima starting at the City center, prioritizing locations which are experiencing an increase in commercial or residential development. Field Survey Collection: • Collect location (X,Y,Z) roadway monuments placed or identified to be Professional Land Survey System (PLSS), General Land Office (GLO), Cadastral or Professional Land Surveyor. • Record reference points (RP), take pictures of monument & RP. • Document the physical nature and appearance of monument and RP. • Monuments determined to be lost or obliterated will not be restored. • Monuments determined to require significant traffic control for collection may be excluded. Specific Deliverables: • Survey quality collection (0.07' horizontal x 0.15' vertical) • Datum US Survey foot—Washington State Plane South, NAD83(11), Geiod 12b. • Associated compliant Metadata; photos, field notes and ASCII formatted data points. • Meta data; Control point ID, Short Description, Location, Point Description, Northing, Easting, Latitude, Longitude, Ortho height, Ellipsoid height, Convergence Angle, Scale factor WORK PROVIDED BY THE CITY The City will assist WSDOT with GIS updates, modifications and provide technical expertise with their Survey Request and Status webpage. The City shall provide traffic control, as requested by WSDOT, for its field team to safely perform the Work. WSDOT will bundle traffic control needs together and provide the City with 10 days written notice. Agreement GCC 1057 Page 1 of 5 33 Database & GIS Development: Survey Request page review, council, and training for development of page refresh and overhaul. Side by side training and as needed technical assistance. Resources and training using ARC-GIS online and Experience Builder. 2.0 PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence as of the date this Agreement is fully executed by the Parties, and be completed on June 30, 2025, unless terminated sooner as provided in this Agreement, or extended through a properly executed amendment. 3.0 COST ESTIMATE This is a non-financial Agreement. In no event shall either Party seek compensation for work performed under this Agreement except for the provisions in Section 5.4 Termination. The Work identified below is intended to be an equal exchange of services between the Parties. The Work performed by each Party is estimated to total approximately $50,000, and is based on the employee's hourly rate and estimated time to complete the task. Due to the fact that each party shall contribute equal amounts of Wok under this Agreement, no assessment for indirect costs shall be made against either party. WSDOT WORK Collect monument Approx.500 points 90 hours Collect RP Approx.1500 points 190 hours Develop into ASCII formatted data set with photos&supplemental data 3 documents 30 hours CITY WORK GIS Training—Senior Level Staff 100 hours GISTraining—Junior Level Staff 100 hours 4.0 AGREEMENT CONTACT INFORMATION WSDOT Contact City Contact Kevin Carlascio, PLS Robert Washabaugh, PE Survey and R/W Manager Supervising Traffic Engineer 2809 Rudkin Road 129 N 2nd Street Union Gap, WA 98903-1648 Yakima, WA 98901 (509) 573-7583 (509) 576-6601 Kevin.Carlascio@wsdot.wa.gov robert.washabaugh@vakimawa.gov 5.0 GENERAL PROVISIONS 5.1 AMENDMENT This Agreement may be amended or modified only by the mutual agreement of the Parties. Such amendments or modifications shall not be binding unless they are in executed in advance and in writing and signed by persons authorized to bind each of the Parties. Agreement GCC 1057 Page 2 of 5 34 5.2 ASSURANCES The Parties agree that all activities engaged in pursuant to this Agreement shall be in accordance with all applicable federal, State and local laws, rules, and regulations as they currently exist or as amended. 5.3 INTERPRETATION This Agreement shall be interpreted in accordance with the laws of the state of Washington. The titles to paragraphs and sections of this Agreement are for convenience only and shall have no effect on the construction or interpretation of any part hereof. 5.4 TERMINATION WSDOT or the City may terminate this Agreement with a 60 (sixty) day written notice served on the other party at the address listed above. 5.4.1 If this Agreement is terminated prior to the fulfillment of the terms stated herein, both parties agree to reimburse the other party for the actual direct and related indirect expenses and costs it has incurred for the Work up to the date of termination, as well as the costs of non-cancelable obligations. The amounts owed shall be offset by the work performed by each party pursuant to Section 3.1. 5.4.2 Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 5.5 WAIVER A failure by a Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in writing signed by an authorized representative of the waiving party and attached to the original Agreement. 5.6 INDEPENDENT CAPACITY The employees or agents of each Party who are engaged in the performance of this Agreement shall continue to be employees or agents of that Party and shall not be considered for any purpose to be employees or agents of the other Party. 5.7 INDEMNIFICATION Each Party to this Agreement will protect, defend, indemnify, and save harmless the other Party, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and property), arising out of, or in any way resulting from, each Party's, or their agents', officials' or employees' negligent acts or omissions with respect to the provisions of this Agreement. Neither Party will be required to indemnify, defend, or save harmless the other Party if the claim, suit, or action for injuries, death, or damages (both to persons and property) is caused by the sole negligence of the other Party or their agents, officials or employees. Where such claims, suits, or actions result from the concurrent negligence of the Parties, their agents, officials or employees, and/or involve those actions covered by RCW 4.24.115, the defense and indemnity provisions provided herein will be valid and enforceable only to the extent of the negligence of the indemnifying Party, its agents, officials or employees. Agreement GCC 1057 Page 3 of 5 35 The Parties agree that their obligations under this section extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of their officers, officials, employees or agents. For this purpose only, the Parties, by mutual negotiation, hereby waive, with respect to each other only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. This indemnification and waiver will survive the termination of this Agreement. 5.8 SEVERABILITY If any term or condition of this Agreement is held invalid, such invalidity shall not affect the validity of the other terms or conditions of this Agreement. 5.9 DISPUTES In the event that a dispute arises under this Agreement, it shall be resolved as follows: WSDOT and the City shall each appoint a member to a Dispute Board, these two members shall select a third board member not affiliated with either Party. The three- member board shall conduct a dispute resolution hearing that shall be informal and unrecorded. The Parties shall equally share in the cost of the third Dispute Board member; however, each Party shall be responsible for its own costs and fees. An attempt at such dispute resolution in compliance with aforesaid process shall be a prerequisite to the filing of any litigation concerning the dispute. 5.10 VENUE In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties agree that any such action or proceedings shall be brought in the superior court situated in Thurston County, Washington unless filing in another county is required under any provision of the Revised Code of Washington. Further, the Parties agree that each shall be responsible for its own attorneys' fees and costs. 5.11 AUDITS/RECORDS All Project records for the Work in support of all costs incurred shall be maintained for a period of six (6) years. Each Party shall have full access to and right to examine said records, during normal business hours and as often as it deems necessary. The Parties agree that the Work performed herein is subject to audit by either or both Parties and/or their designated representatives, and/or state of Washington and/or the federal government. In the event of litigation or claim arising from the performance of this Agreement, the Parties agree to maintain the records and accounts until such litigation, appeal or claims are finally resolved. This section shall survive the termination of this Agreement. 5.12 WORKING DAYS Working days for this Agreement are defined as Monday through Friday, excluding Washington State holidays per RCW 1.16.050. 5.13 ALL WRITINGS CONTAINED HEREIN This Agreement contains all of the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind the Parties. Agreement GCC 1057 Page 4 of 5 36 5.14 COUNTERPARTS AND ELECTRONIC SIGNATURE This Agreement may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate shall be deemed an original copy of this Agreement signed by each Party, for all purposes. Electronic signatures or signatures transmitted via email in a "PDF" may be used in place of original signatures on this Agreement. Each Party intends to be bound by its electronic or"PDF" signature on this Agreement and is aware that the other Parties are relying on its electronic or "PDF" signature. 5.15 ASSIGNMENT OF AGREEMENT No assignment or transfer of this Agreement in any manner whatsoever shall be valid, nor vest any rights hereby granted, until WSDOT consents thereto in advance and in writing, and the assignee accepts all terms of this Agreement. 5.16 WARRANTY WSDOT warrants that the work performed, and deliverables provided under this Agreement shall conform to the relevant recognized standards and procedures of WAC 332-130-060, 332-130-080, 332-130-100. WSDOT shall not be liable for secondary, incidental, or consequential damages of any nature resulting from any work properly performed under this Agreement. The City warrants that the work performed will adhere to WSDOT's GIS policy's and scheme requirements. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date signed last below. City of Yakima Washington State Department of Transportation By: By: Printed: Printed: W. Brian White, P.E. Title: Title: Regional Administrator Date: Date: Approved as to Form for Washington State Department of Transportation By: Printed: Guy M. Bowman Title: Assistant Attorney General Date: Agreement GCC 1057 Page 5 of 5 37