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HomeMy WebLinkAboutR-1997-009 Agreement / Engineering and Construction / “R” Street / WA State Dept of TransportationRESOLUTION NO. R-97- 9 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute a Preliminary Engineering and Construction Agreement for "R" Street with the Washington State Department of Transportation. WHEREAS, the Washington State Department of Transportation ("DOT") proposes to construct certain improvements to "R" Street and North Second Street within the City of Yakima in order to allow better traffic flow and to relocate access along North First Street as part of the Yakima to Selah SR 82 Improvement Project; and WHEREAS, the City Engineer has agreed to oversee the engineering and construction of "R" Street in accordance with the attached Agreement; and WHEREAS, said improvements to "R" Street and North Second Street will be made at State expense, and the constructed street facilities will then become City property upon their completion, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated "Yakima 'R' Street Vicinity Preliminary Engineering Construction Agreement" with the Washington State Department of Transportation. ADOPTED BY THE CITY COUNCIL this 7th day of January, 1997. ATTEST: ) Actin • City%Clerk (11)/res/dot2.rp ci Lynn Buchanan, Mayor C11117 O YAK4ta.k LEGAL DEPARTMENT 424 East Yakima Avenve,Suite 100,Yaidna,WasI tm98901 009)5756030Ta,c609$75.6160 MEMORANDUM January 2, 1997 TO: Fred French, City Engineer FROM: Raymond L. Paolella, City Attorney SUBJ: Department of Transportation, Selah Project Attached are two City Council Resolutions for the Immediate Use and Possession Agreement and the Yakima "R" Street Vicinity Preliminary Engineering and Construction Agreement, both with the State Department of Transportation. As you know, the Possession and Use Agreement provides that the City of Yakima will immediately turn over control of the YVT railroad tracks to the State in exchange for their agreement to deed the City some replacement land and reconstruct the railroad tracks on the replacement land at some time in the near future. Please call me if you have any questions. RLP/lk Attachments (1k)mem/engineering/french.rp GCA -0604 "R" Street Construction Preliminary Engineering & Construction Agreement This Agreement is made and executed this 31" day of AptuARy , 1991 by and between the STATE OF WASHINGTON, Department of Transportation, acting through the Secretary of Transportation hereinafter called the STATE and the City of Yakima, hereinafter called the CITY. WHEREAS, the STATE has an upcoming project to improve access from the City of Yakima to the City of Selah titled "SR 82 to Selah", and WHEREAS, to allow better traffic flow, the STATE plans to relocate access along North First Street for certain properties east of North First Street requiring construction of "R" Street and North Second Street, and WHEREAS, the STATE has committed to provide domestic water and sanitary sewer services to the properties abutting the new streets as part of the compensation for the acquired right of way, and WHEREAS, the "R" Street and North Second Street facilities will become CITY property, and. WHEREAS, the STATE wishes the access to be relocated prior to the STATE's proposed contract to reduce construction conflicts, and WHEREAS, the CITY wishes to encourage economic development, enhance emergency services, and improve accessibility to recreation areas. NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: Page lof 5 Pages AGMT GCA0604 I GENERAL 1. The CITY, agrees to work with the STATE and a consultant hired by the STATE to modify the STATE prepared plans to the CITY's bidding format and administer the construction of the R Street extension and North Second Street. 2. The PROJECT shall include all work necessary to complete the streets from Station R 10+27 to R 16+60 and from Station BE 10+22 to BE 14+54 as shown on EXHIBIT "B" attached hereto and by this reference made a part of this agreement. The PROJECT shall include grading, drainage, surfacing, paving, installation of curbs, gutters, sidewalks, and street lights, and the relocation and/or installation of domestic water and sanitary sewer. 3. The CITY shall participate in the selection of the STATE's consultant. 4. Plans, specifications and cost estimates shall be prepared by the STATE's consultant from design data supplied by the STATE in accordance with the CITY's adopted standards. 5. The CITY will provide assistance to the STATE and their consultant in the preparation of the PROJECT plans. The CITY will thereafter advertise the resulting project for bid and assuming bids are received and a contract is awarded, administer the PROJECT. 6. The STATE shall approve the plans and specifications prior to the CITY advertising the project. 7. Prior to awarding the contract, the CITY will submit the bids and their recommendation for award to the STATE for approval. The STATE shall respond to the CITY within 14 days from their receipt of the bids and recommendation for award. 8. The STATE may, if it desires, furnish an inspector on the PROJECT. Any costs for such inspection will be borne solely by the STATE. All contact between said inspector and the CITY's contractor shall be through the CITY's representative Page 2of 5 Pages AGMT GCA0604 9. The CITY may include work in the CITY contract beyond that specified by this PROJECT at no cost to the STATE. Such additional work shall be grouped separately to ensure that it is readily identifiable in the contract bid documents. 10. Due to the STATE's acquisition commitment, the CITY shall not establish "Latecomers Fees" on the work included in this PROJECT. A subsequent charge for services would be in conflict with the acquisition agreement. IT PAYMENT The STATE, in consideration of the faithful performance of the work to be done y the CITY, agrees to reimburse the CITY for the actual direct and related indirect cost of the work. The STATE shall pay the total cost of the preliminary engineering and construction phases of the PROJECT in accordance with the cost estimate shown in EXHIBIT "A", attached hereto and by this reference made a part of this agreement. Partial payments shall be made by the STATE upon the request of the CITY, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of final audit, all required adjustments will be made and reflected in a final payment. The STATE shall make payment to the CITY within 30 days following receipt of a properly prepared invoice. If a late payment occurs, the CITY will be paid in accordance with RCW 39-76-020. During the progress of the construction and for a period not less than three (3) years from date of final payment to the CITY, the records and accounts pertaining to the construction of the project and accounting therefore are to be kept available for inspection and audit by the STATE and/or Federal Government and copies of all records, accounts, documents, or other data pertaining to the project will be furnished upon request. If any litigation, claim. or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim or audit finding has been resolved even though such litigation, claim, or audit continues past the 3 -year retention period. Page 3of 5 Pages AGMT GCA0604 HI EXTRA WORK In the event unforeseen conditions require an increase in the cost of 25 percent or more from that agreed to on Exhibit "A", this Agreement will be modified by a supplemental Agreement covering said increase. In the event it is determined that any change from the description of work contained in this Agreement is required, approval must be secured from the STATE prior to beginning of such work. Where the change is substantial, written approval must be secured. Reimbursement for increased work and/or a substantial change in the description of work shall be limited to the costs covered by a written modification, change order or extra work order approved by the STATE. IV PROPERTY RIGHTS The STATE shall provide the necessary rights-of-way for the construction of "R" street and North Second Street at no cost to the CITY. The STATE hereby grants and conveys to the CITY the right of entry upon all lands which the STATE has interest within or adjacent to the PROJECT for the purpose of constructing the PROJECT. The STATE agrees, upon satisfactory completion of the work involved and completion of a Turnback Agreement to transfer ownership of the completed facility with the ultimate CITY right-of-way to the CITY. The CITY agrees to accept the streets constructed under this agreement and grant the STATE a release and waiver of all future claims or demands of any nature resulting from the performance of the work under this agreement. Page 4of 5 Pages AGMT GCA0604 Upon completion of the PROJECT, all future operation and maintenance of the CITY' s facilities within the CITY's right-of-way shall be at the sole cost of the CITY and without expense of the STATE. V LEGAL RELATIONS No liability shall attach to the CITY or the STATE by reason of entering into this AGREEMENT except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. CITY OF YAKIMA B: ,\ Richard A. Zais, Jr. By: City Manager STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION Date: / Attest Acti g iity Clerk Yakima City Attorney STATE DESIGN ENGINEER By: cG As istant A orney CITY CONTRACT NO: 9 3 (R 7 Page 5of 5 Pages AGMT GCA0604 AGREEMENT GCA 0604 EXHIBIT "A" COST ESTIMATE YAKIMA "R" STREET VICINITY Description Amount Preparation/ Removal Items $2,791 Grading Items $53,410 Drainage Items $17,120 Sanitary Sewer Items $55,629 Surfacing Items - $25,440 Water Lines $54,654 Asphalt Concrete Pavement $73,741 Landscape/ Erosion Control $161 Traffic Items $34,933 Other Items $19,674 Construction Subtotal $337,553 Preliminary Engineering 8% $27,004 Construction Engineering 9% $29,165 Wa St Sales Tax 7.8% $26,329 Subtotal Add-ons Project Total Page 1 of 1 $82,498 $420,051 AGMT GCA0604 Exhibit "A" SEC BRIDGE 82/114N NOT INCLUDED IN PROJECT • END PROJECT SR 82 MP 31.31 LE 77+05.00 P.O.T. BRIDGE 12/350 NOT INCLUDED IN PROJECT 88100E 82/I18W-5 NOT INCLUDED IN PROJECT BRIDGE 82/1154 TO BE CONSTRUCTED THIS PROJECT BRIDGE 82/115N NOT INCLUDED IN PROJECT BRIDGE 82/1165 TO BE CONSTRUCTED THIS PROJECT BRIDGE 82/117S NOT.INCLU0E0 IN PROJECT 90 100 82 � LW LINE ART LINE BRIDGE 82/1145 TO BE WIDENED THIS PROJECT RIDG 8 / 14A TO BE CONSTRUCTED THIS PROJECT BRIDGE 82/1155 TO BE WIDENED THIS PROJECT BP3 LINE Agreement GCA 0604 Project Location BRIDGE 12/348 NOT INCLUDED IN PROJECT :RIDGE 12/3485 et, NOT INCLUDED J IN PROJECT A aR/ Cj'lI BRIDLE UY2 LINE OVER N. FIRST ST. TO SE CONSTRUCTED THIS PROJECT Cq DESIGNED BY B. SHEFFIELD REGION NO. STATE FED.AID PROJ.NO. 8/96 ENTERED BY C. BRADFORD 1 8/96 CHECKED BY 5. ROARK 8/96 PROJ. ENGR. E. BJORCE 10 WASH DIST. ADM. R.L. LARSON 308 NUMBER 96E040 DOT FORM 221-012 Revised 12/93 DATE DATE 1 REVISION BY CONTRACT NO. CITY OF YAK I MA NOTE: FOR COMPLETE LISTING OF EQUATIONS. SEE SHEET RI. 0 200 400 SCALE IN FEET GCA 0604 Exhibit "B" Sheet 1 of 3 PROGRAM DEVELOPMENT DIVISION Washington State Deportment of Transportation SR 82 AND SR 823 SR 82 TO SELAH VICINITY MAP II/21/96 11:400rojecrs4review0120855I2085vml.cgn ssUSERNAMEss V3 Si.r_r5 PLOT3 LEGEND 0 MODIFIED ASPHALT CONC. PAVEMENT CL. A 0 ASPHALT CONC. PAVEMENT CL. A 0 CRUSHED SURFACING BASE COURSE 0 CEMENT CONC. CURB & GUTTER © CEMENT CONC. SIDEWALK EMBANKMENT COMPACTION (TYP.) 5.5' 15' 7 7' 15' 5.5' a IrAl� =11=1-IMMI -1L= ILMI. l. �L� _ - I= L- _ _ - -1= _ 9�i _ �i = - b)1� iib el '="-r6 BVF,-- 0 20' 0 02' /FT. PROFILE GRADE & PIVOT POINT 0.02"/FT.� ©0.33' (TYP.) SHLD. SECTION XI 0.75' LTi' T I TYP.® R 16+50.00 TO R 16+60.00 ROADWAY SECTION X icTLLFR ice( 11il it 0.17" (TYP.) STA. TO STA. BE 10+22.00 BE 14+54.00 R 10+27.00 R 16+60.00 SHLD. SECTION X2 R 16+50.00 TO R 16+60.00 GCA 0604 Exhibit "B" Sheet2 of 3 RE°I°"'STATE N0. I FED.AID PROJ.NO. DESIGNED BY B. SHEFFIELDI ENTERED BY BRIAN BORLEY CHECKED BY STEVE ROARK PROD. ENGR. E. BJORGE 10 WASH DIST. ADM. R.L. LARSON .10e MOWER OOT FORM 221-012 Revised 12/93 DATE DATE I REVISION IBY °ORTRACT N0. PROGRAM DEVELOPMENT DIVISION 11/21/96 n:mprojecis012085rs1.dgn ssUSERNAMEss Washington State Department of Transportation SR 82 TO SELAH ROADWAY SECTIONS A N1 1805+61.67 P.O.T.= R 10+00.00 P.O.T. 0 52' 64` 1801+00 BE 14+54.00 P.O.T. BE 14+47.60. 50' • 50' 10' DRAINAGE EASEMENT BE 14+47.58 11111(EMNIIIIMMIF3E 14+38 Z r— Z FT7 641. N NI 1802+75 10' SLOPE EASEMENT HI 1804+55 48' N1 1805+07 40' BE 10+55 FILL FILL R LINE . t ILL 1 0 O Q Q FILLT FILL cn, Cr,i 48' N1 1806+IT 0 52' 0 DESIGNED BY B. SHEFFIELOI 'E°o ISTATEj rED.AID PROJ.NO. 48' 0 0 0 50 100 SCALE IN FEET OI 16+60.00 P.O.T. T 5 89'41'19"E ,r� .iLL Fill q9 W�\ M ,-. Et 0 N CUT —.— LA 0 0 LOD m i 0 GOV'T L0T4 SEC. 7 = Q Q c., T FILL FILL 0' 0 R 13+55.79 P.O.T.= 10+0 SE I/4 SE I/4 SEC. 12 .0. GCA 0604 Exhibit "B" Sheet 3 of 3 ENTERED BY BRIAN 80RLEY CHECKED BY STEVE ROARK i PROJ. ENGR. E. BJORGE 10 AWASH REGIONAL ADMR.L. LARSON I DATE DATE i REVISION BY 408 Hu0BER COwrR&CT M0. PROGRAM DEVELOPMENT DIVISION Washington State Department of Transportation SR 82 TO SELAH AT PLAN C5/0,/96 ^:moroiec'Sm1208500gn0120850n3.ogn SSLSERN.46SS SnE" Cr s, 's ,_v BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of January 7,1997 ITEM TITLE: Interagency Agreement for Construction of R Street et al. SUBMITTED BY: Department of Community and Economic Development Engineering Division CONTACT PERSON/TELEPHONE: Fred French, City Engineer / 575-6096 SUMMARY EXPLANATION: The Washingtort State Department of Transportation is asking the City of Yakima to construct, with state funds, new streets at R Street, between North First Street and Third Street; and Second Street from R Street north to a cul-de-sac, including all necessary water and sewer lines. The construction is required as part of the South Selah Interchange project and will provide new, replacement access to the existing Bekins and Safeway uses near the existing North First Street interchange. The new streets will also provide access to additional residential property east of Third Street. Additional property farther east, proposed to be developed as industrial in the near future will also utilize the new R Street as access.. The state is requesting the city construct the new streets because, 1. They need to have the new streets completed prior to starting the work on the interchange, 2. They believe the city can build the streets earlier and at a lower cost than the state and, 3. The streets will ultimately be relinquished to the city for permanent maintenance. Resolution X Ordinance Contract Other (Specify) Funding Source APPROVED FOR SUBMITTAL:�� City Manager STAFF RECOMMENDATION: Adopt the attached resolution authorizing the City Manager to sign the agreement with the Washington State Department of Transportation f 9F the construction of portions of R Street and Second Street. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. Resolution No. R-97-9