HomeMy WebLinkAboutR-2024-197 Resolution authorizing Interagency Agreement with Washington State Department of Transportation for Field Survey Collection RESOLUTION NO. R-2024-197
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.
P1 Patri . . 11*p
ca ers, Mayor
ATTEST:
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Rosalinda Ibarra, City Clerk ��`‘‘‘,„„„__-
Agreement GCC1057
Between
Washington State Department ofTransportation
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 ohopter3S.34 RCVVthe 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 OFORK
�ORK PROVIDED BY SDOT
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 (K.Y.Z) roadway monuments placed oridentified tobe
Professional Land Survey System (PLSS), General Land Office (GLO), Cadastral
orProfessional Land Surveyor.
• Record reference points (RP).take pictures ofmonument &RP.
• Document the physical nature and appearance ofmonument and RP.
• Monuments determined to be lost orobliterated will not berestored.
• Monuments determined to require significant traffic control for collection may be
excluded.
Specific Deliverables:
* Survey quality collection (].O7'horizontal xO.15'vertical)
• Ooturn UGGumeyfoot—VVaehingtonStatmP|eneSnuth. NAD83(11).Geimd
12b.
• Associated monnp|iantW1etadeta; phntoo, field notes and ASCII formatted data
points.
• Meta data; Control point ID, Short Description, Lormtion, Point Description,
Northin0, Easting, LaUtude, Longitude, Orthu height, Ellipsoid height,
Convergence Angle, Scale factor
WORK PROVIDED BfTHE CITY
The City will assist VVSOCO' with G|S umdatao, modifications and provide technical
expertise with their Survey Request and Status vvobpago.
The City shall provide traffic oontno|, as requested bvVVSOOT. for its field team to safely
perform the Work. WSDOT will bundle traffic control needs together and provide the City
with 1Udays written notice.
Database 8KGUS :
Survey Request page review, council, and training for developmentofpage refresh and
overhaul. Side bvside training and as needed technical assistance. Resources and
training using ARC-{]|8online and Experience Builder.
2.0 PERIOD OF PERFORMANCE
Subject tmits other provisions,the period mfperformance ofthis 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 aproperly executed amendment.
3.0 COST ESTIMATE
This is o 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 isestimated to total approximately $50.000.
and imbased onthe employee's hourly rate and estimated time bocomplete the task.
Due to the fact that each party shall contribute equal amounts of Wok under this
Agreement, noassessment for indirect costs shall bamade against either party.
WSDOT WORK
Estimated* of, Hours,
Collect monument
Collect RIP
Approx. 500 points
Develop into ASCII formatted data set with photos msupplemental data
CITY WORK
90 hours
Approx. 1500 points
3 documents
1eommm
ITask Detmus`�
Fsbmated#of Hours
GIS Training— Senior Level Staff
GIS Training— Junior Level Staff
4-0 AGREEMENT CONTACT INFORMATION
WSDOT Contact
Kevin Cor|aoc|m, PLS
Survey and R/VVManager
28O9RudkinRoad
Union Gap, VVAS8BO3-1848
(509)573-7583
Kevin. Carla scio(&_Wsdot,w.a. gov
100 hours
1ooxoum
City Contact
Robert VVaahabmugh.PE
Supervising Traffic Engineer
129N2"u Street
Yakima, VV&889D1
(509)576-6501
5.0 GENERAL PROVISIONS
5.1AMEND&NENT
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 {]CClO57 Page 2of 5
5'2 ASSURANCES
The Parties agree that all activities engaged inpursuant tothis Agreement shall bein
accordance with all applicable federal, State and local |axve, ru|es, and regulations as
they currently exist oraaamended.
5.3 INTERPRETATION
This Agreement shall be interpreted in aoomndonoe with the |avve of the state of
Washington. The titles to paragraphs and sections of this Agreement are for
convenience only and ahm|| have no effect on the construction or interpretation of any
part hereof.
5.4TERMINATION
WSOOTorthe City may terminate this Agreement with aOO(eixty)day written notice
served onthe other party atthe 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, oswell aathe costs ofnon-cancelable obligations. The amounts
owed shall be offset by the work performed by each party pursuant to Section
5.4.2 Any termination of this Agreement shall not prejudice any rights or
obligations accrued to the Parties prior to termination.
6.@WAIVER
A failure by a Party to exercise its rights under this Agreement shall not preclude that
Padx�omsubsequent exercise mfsuch rights and shall not constitute awaiver ofany
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.
5.6UNDEPENDENT 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 tobaemployees oragents ofthe other Party.
5.7UNC>EN8NIFICATUON
Each Party tothis Agreement will proteot, defend, indarnnifv, and save harmless the
other Party, its officena, nfficia|e, ennp|oyeea, and agents, while acting within the scope of
their employment ossuch, from any and all costs, claims, judgments,and/or awards of
damages /bothtopersons and propody).arising out of, mrinany vvmyresulting frorn.
each Pod�
''s. or their ogmntm', 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 ifthe claim, euit, oraction for injuries, death, or
damages /bothtopersons and prope�y\iecaused bythe sole negligence mfthe other
Pa�yortheir agents, officials or employees. Where such claims, suits, or actions result
from the concurrent negligence of the Porties, their ogenta, offioio|e or ennp|oyeae, and/or
involve those actions covered byRCVV4.24.115.the defense and indemnity provisions
provided herein will be valid and enforceable only to the extent of the negligence of the
indemnifying PadY, its agante, officials or employees.
/\grcornent(}CC 1057 Page 3of5
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 Partiea, by mutual negotiedion, hereby
vva)xa, with respect to each other only, any immunity that would otherwise be available
against such claims under the Industrial Insurance provisions ofTitle 51 RCVV.
This indemnification and waiver will survive the termination of this Agreement.
6.8 SEVERABULITY
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[WSPWTES
In the event that e 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 athird 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 inthe cost ofthe 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 hnecessary 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 reomndoforthmVVodxinoupportofaUoostainournedahmUbennmintainedforo
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 RCVV1.18.O5O.
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 bedeemed toexist ortobind the Parties.
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 WAG
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
nted:
Victoria Baker
Washington State
Department of Transportation
By:
= Printed:
W. Brian White, P.E.
Title:
City Manager
Date: movI c
CITY CONTRACT
Title:
Regional Administrator
Date:
Digitally signed by William Brian
White
Date: 2024.11.13 13:26:39 -0800'
Approved as to Form for Washington State
Department of Transportation
By:
Printed:
Gu M. Bowman
Title:
Assistant Attorney General
Date:
.;?
Agreement GCC 1057 Page 5 of 5
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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