HomeMy WebLinkAboutR-2003-095 Washington State Department of Transportation (WDOT) Agreement (re: dust abatement / landscaping @ Visitor InformationRESOLUTION NO. R-2003- 95
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute an agreement with the Washington State Department of
Transportation (WSDOT) for a $5,000 grant for permanent dust
abatement in the form of landscaping at the City of Yakima Visitor
Information Center.
WHEREAS, the City of Yakima has provided dust abatement in the form of
landscaping at the Visitor Information Center Project site; and
WHEREAS, the City has maintained a strong partnership with the Washington
State Department of Transportation during the course of this project; and
WHEREAS, the City and WSDOT have determined that a mutual benefit to the
transportation system in the vicinity of the I-82/EastYakima Avenue interchange will be
obtained by the completion of this project; and
WHEREAS, WSWDOT is willing to provide $5,000 in reimbursement to the City for
said landscaping in accordance with the attached agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to enter into the attached agreement with the Washington Sate Department of
Transportation in order to receive said $5,000 reimbursement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
execute the attached and incorporated agreement with the Washington State Department
of Transportation for a $5,000 grant for permanent dust abatement in the form of
landscaping at the City of Yakima Visitor Information Center.
ADOPTED BY THE CITY COUNCIL this 24th day of June, 2003.
ATTEST:
Karen Roberts, City Clerk
2 -- June 18, 2003
Place, Mayor
Agreement No.:
Organization:
Address:
Section
Description:
Description of
work:
STATE PARTICIPATING AGREEMENT
Work By Local Agency, Lump Sum
GCA 3580 SR and MP: I-82,
MP 33.00
City of Yakima Control Section 3918
129 North 2nd Street Fed. Tax I.D. Number
Yakima, WA 98901
I -82/E. Yakima Ave Cost $5,000
interchange. vic.
The City will install landscaping at the City of Yakima Visitor and Information
Center for peiiiianent dust abatement.
THIS AGREEMENT, made and entered into this day of , 20 , between the
STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of
Transportation, hereinafter called the "STATE", and the ORGANIZATION as noted above hereinafter
called the "CITY".
'WHEREAS, the CITY as lead agency will administer a project which will install landscaping at the City
of Yakima Visitor and Information Center as described on Exhibit "B" attached hereto, and by this
reference made a part of this agreement.
WHEREAS, the STATE has determined that a mutual benefit to the STATE's transportation system in
the vicinity of I-82/East Yakima Avenue interchange will be obtained by the completion of the project,
which is to allow for permanent dust abatement.
WHEREAS, the STATE has previously committed to contributing to the project and now wishes to
formalize the commitment by means of an agreement.
NOW THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions,
convenants, and performances contained herein, or attached and incorporated and made a part hereof, IT
IS MUTUALLY AGREED AS FOLLOWS:
The STATE, in consideration of the faithful perfoimance of the work to be performed and/or
administered by the CITY, agrees to contribute the lump sum amount of five thousand dollars
($5,000.00), towards the landscaping work to be accomplished for this project.
The CITY agrees to submit a one time payment request to the STATE with documentation showing that
at least $5,000.00 of the landscaping work has been completed. The STATE cannot make payment any
later than June 30, 2003. If for any reason the final bill cannot be submitted within that period, the CITY
will be need to obtain the STATE's approval in the form of a supplemental agreement.
Upon completion of the work outlined herein, and subject to final acceptance by the STATE, all future
operation and maintenance shall be in accordance with each parties jurisdictional responsibilities.
Page 1
During the development of the project and for a period not less than 3 years from the date of the final
payment to the CITY, the records and accounts pertaining to the work, 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.
No liability shall attach to the STATE or CITY by reason of entering into this AGREEMENT except as
expressly provided herein.
CITY shall indemnify and hold the STATE and its agents, employees and/or officers harmless from and
shall process and defend at its own expense any and all claims, demands, suits at law or equity, actions,
penalties, losses, damages, or costs, of whatsoever kind or nature, brought against the STATE, its agents,
employees and officers arising out of, in connection with, or incident to the execution of this
AGREEMENT. Provided, however, that if such claims are caused by or result from the concurrent
negligence of (a) CITY and (b) the STATE, its agents, employees, and/or officers, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of CITY, and provided
further, that nothing herein shall require CITY to hold harmless or defend the STATE, its agents,
employees and/or officers from any claims arising from the sole negligence of the STATE, its agents,
employees, and/or officers. This indemnification shall survive the termination of this agreement.
In the event that any party deems it necessary to institute legal action or proceedings to enforce any right
of obligation under this agreement, the parties hereto agree that any such action or proceedings shall be
brought in a court of competent jurisdiction situated in Thurston County, Washington.
IN WITNESS WHEREOF, the parties hereto agree to these conditions as of the day and year first above
written.
CITY OF YAKIMA
rsa
By:
a
Title: c' f3
Date: / —/o 3
APPRO D AS TO FORM:
By:
Date:
/ 03
CITY T. s a o03 - lQ (o
RESOLUTION NO: ' a00 3 — 5
STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
By:
Title:
Date:
APPROVED AS TO FORM:
By:
, iv ai4
Assist t Attorney General
Date:
Page 2
GCA 3580
EXHIBIT "A"
By this reference and attachment made part of this AGREEMENT:
- . Visitor Information Center_ :F :: _ =•_
S.I.E.D. Project
Total
Garden area
Install exterior access doors
$3,800
Trellis structure/Fence
$14,500
Planters
$8,500
Lawn/plants/trees
$8,000
Irrigation system
$8,700
Pole light fixtures
$9,800
Site Development Parking lot Area
Grading
$3,500
Asphalt paving
$16,500
Curb and gutter
$10,605
Sidewalk
$4,800
Striping/ADA signage
$800
Parking lot lighting
$8,000
Commercial approach
$3,500
Stormwater pond
$1,500
Signage
$6,500
Utlity connections
$1,200
Sales tax
$8,706
Engineering
$13,700
Total Project
$132,611
Sheet 1 of 1 sheet
GCA 3580
EXHIBIT "B"
SPECIFICATIONS AND SPECIAL PROVISIONS
The work proposed under this Agreement contemplates the installation of landscaping at the
City of Yakima Visitors and Information Center adjacent to I-82 in the vicinity of the East
Yakima Avenue interchange. This project is of regional significance. The installation of
landscaping will aid in permanent dust abatement adjacent to I-82.
Work to be performed by the State
None.
Work to be performed by the City
The City will install landscaping around the City of Yakima Visitors and Information
Center.
�e_
.
Sheet 1 of 1 sheet
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
-( -
For Meeting of June 24, 2003
ITEM TITLE: Resolution approving agreement with Washington State
Department of Transportation for $5,000 grant for Yakima Visitor
Center landscaping.
SUBMITTED BY: ilpartment. of Community and Economic Development -
Engineering Division
CONTACT PERSON/TELEPHONE: William R. Cook, CED Department Director, 575-6227
SUMMARY EXPLANATION:
Attached is a resolution authorizing a $5,000 grant agreement with the Washington State
Department of Transportation (WSDOT) for landscaping at the Yakima Visitor
Information Center. This grant is for reimbursement to the City of Yakima for $5,000
worth of permanent dust abatement in the form of landscaping on the property adjacent to
the new Visitor Information Center. Without this grant from the WSDOT, in conjunction
with the recent award of a Strategic Investment in Economic Development (SIED) Loan,
the area immediately south of the Visitor Information Center would have otherwise been a
gravel -covered, undeveloped eyesore and a maintenance headache for dust and weeds.
There will be no additional cost to the City. The grant is for $5,000 in reimbursable
expenses as long as the reimbursement request is received by the State post-haste and paid
by the State by the end of June 2003. All paperwork is inline for immediate submittal to
the State.
Resolution X Ordinance Contract X Other (Specify) Agreement
Funding Source: Washington State Dept. of Transportation (WSDOT) Grant
APPROVED FOR SUBMITTAL:
/°...4at /1/47
City Manager
STAFF RECOMMENDATION: Approve resolution authorizing grant agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-95