HomeMy WebLinkAboutR-1996-046 Yakima Ave / I-82 Interchange Area / Fair Ave Project•
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A RESOLUTION
RESOLUTION NO. R-96 4 6
authorizing the execution of Supplement #3 to the
Agreement for Joint Construction of Improvement of Yakima
Avenue/I-82 Interchange Area and Fair Avenue Project with
the State Department of Transportation and Yakima County
WHEREAS, the City of Yakima, Yakima County, and the Department of
Transportation for the State of Washington desire to collectively construct
improvement for the Yakima Avenue/I-82 Interchange Area and Fair Avenue
Project valued at $18 95 million dollars, which are mutually beneficial to all
entities, and
WHEREAS, the City Council deems it to be in the best interest of the City
of Yakima to Supplement the aforementioned agreement removing the State
Department of Transportation from involvement in Stage 1C and revising
Attachment 1 reflecting the increased project funding from TIB with no increase
to the City of Yakima, Yakima County or the Developer, for the purpose of joint
cooperation for the construction of the aforementioned improvement, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA
The City Manager and the City Clerk are hereby authorized and directed
to execute Supplement #3 to Agreement for Joint Construction of Improvements
of Yakima Avenue/I-82 Interchange Area and Fair Avenue Project, a true copy of
which is attached hereto and incorporated herein
ADOPTED BY THE CITY COUNCIL this 411-12 day of April, 1996
ATTEST
�Gttclt-,..� �4 � c.�v►.�
CITY CLERK
Lynn Buchanan, Mayor
SUPPLEMENTAL AGREEMENT
AGREEMENT GC 9263 SUPPLEMENT #3
This agreement, made and entered into this Cnt‘" day of-.17/ue , 19 9G ,
between the State of Washington, Department of Transportation, acting through the Secretary
of the Department of Transportation, by virtue of Title 47 RCW, hereafter called the "STATE",
the City of Yakima, hereafter called the "CITY", and Yakima County, hereafter called the
"COUNTY".
WHEREAS, the parties hereto entered into Agreement GC 9263 on February 7, 1992,
which provided for the improvement to the SR 82/Yakima Avenue Interchange.
WHEREAS, the parties hereto entered into Supplement #1 of Agreement GC 9263 on
May 13, 1994 which provided for local funding increases to secure additional
TIB funding.
WHEREAS, the parties hereto entered into Supplement #2 of Agreement GC 9263 on
March 17, 1995 which provided for local funding increases to secure additional
TIB funding.
WHEREAS, it is deemed desirable to further supplement the agreement to reflect the in
kind contribution by the STATE to the local match fund to secure additional TIB
funds. This in kind contribution is money previously expended by the STATE on
the project, but not credited to the local match.
WHEREAS, the project is in the construction phase for Stage 1A and Stage 1 B, it is
desired that the construction administration and financial processes be clarified
for Stage 1C.
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:
1. The Local Share Cost Allocation, Attachment 1, in the original agreement and as
supplemented is hereby superseded and replaced by Attachment 1, Supplement #3
2. The total cost of the project as revised by Supplement #2 is revised from $17,754,950
to $18,950,395.00
3. The STATE shall be credited for the in kind contribution of $ 330,000.00 of STATE
funds expended on the project. With the in kind contribution the STATE share shall be
a maximum amount of $2,559,154.00.
4. The CITY shall advertise and award the phased construction contract for Stage 1C if
acceptable bids are received, and administer the construction contract.
Agreement GC 9263 Supplement #3 Page 1 of 2
5. The STATE has approval authority over all work within the STATE rights of way
and any work on the CITY street system which impacts the operation of the
STATE highway system.
6. All other terms and conditions of the original agreement shall remain in full force
and effect except as modified by this Supplemental Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
The City of Yakima, Yakima County, and Washington State Department of Transportation
have executed the Agreement and subsequent supplements for joint construction and
hereby execute Supplement #3 of said Agreement GC 9263.
Richard A. Zais, Jr.
City Manager
ATTEST:
City Clerk
Yakinia City Attorney
Approved as to Form:
mss._
Assistant Attorney General ATTEST:
n /A.I._ lb
CITY CONTRACT NO: ! - 3 / SyIv . Hinojosa
Cle . f the Board
State Design Engineer
Washington State Dept. of Transportation
Lea eig6..*
Yakima Coommission
Yakima County Commission
41.
1
Yakima County Commission
Agreement GC 9263
Supplement #3
Page 2 of 2
GC 9263 Supplement #3
ATTACHMENT 1: LOCAL SHARE COST ALLOCATION
TOTAL PROJECT COST (revised 7/95)
Agencies
Local Match
-A-
Percent of
Total
Local Match
Cost
with
Developer
Participation
-B-
Cash Cost
Participation
Percent of
Total
Local Match
Costs
without
Developer
Participation
-C-
Percent of
Total
Project Cost
with
Developer
Participation
1. City of Yakima
a) Engineering
Division
$2,494,278.00
35.97%
42.21%
13 14%
b) Transit Division
$201,026.00
2.90%
3 40%
1 06%
,,R, -:, ,.::,; , ,,,ip
:„ : ‘„ „,,,,,‘
2. Yakima County
$654,503.00
9.44%
11 08%
3.45%
,„'
3. District #5 of V1/ DOT**
$2;559,154.00
36 91%
43.31%
13.50%
6 ,,e- :;.. -- -„;i,:
,,.- ..,„,-, 7, 'N ,.
. -
, , ; ;
4 Local Developer*
$1,024,708.00
14 78%
0.00%
5.41%
$6,933,669.00
100.00%
100.00%
36.59%
Transportation
Improvement
Account (TIA)
$12,016,726 00
63.41%
%;,
TOTAL COST
ESTIMATE
$18,950,395.00
100.00%
**
***
Right -of -Way Dedication Value
$330,000 is an in kind contribution of STATE expenditures.
TIB No. 9E-180(001)-1,-2 and -3
Revenues
City of Yakima
Department of Finance and Budget
142 GATEWAY PROJECT
MAJOR STREET CONSTRUCTION
Estimated vs. Actual Revenues
As of February 29, 1996
Amended
Revenue
Estimate
Total
Estimated
Adjustments Revenue
Revenue
Received
To Date
Projected
Revenue
to Complete
Total
Projected
Revenue
City of Yakima Contributions
County STP - Billed by City
District 5 of WDOT - Billed by City
Half Cent Funds
Transit Division
Bond Proceeds
418,302
328,017
179,437
201,026
1,200,000
418,302
328,017
179,437
201,026
1,200,000
395,561
328,017
179,437
201,026
1,200,000
22,741 418,302
0 328,017
O 179,437
O 201,026
O 1,200,000
Total City Contributions - 12%
2,326,782
0 2,326,782 2,304,041 22,741 2,326,782
Transportation Improvement Board 10,466,153
(TIB)
887,447
663,126 12,016,726 6,883,456 5,133,270 12,016,726"
Total Revenue Accounted for
Through City System
12,792,935 1,550,573 14,343,508 9,187,497 5,156,011 14,343,508
State of Washington Contributions
City STP
County STP
District 5 of WDOT
District 5 of WDOT
473,746 473,746
236,201 236,201
675,555 1.225,582
330,000 2,231,137
0 473,746 473,746
0 236,201 236,201
1,920,244 310,893 2,231,137
Total Revenue Heid by State 1,385,502 1,555,582 2,941,084 1,920,244 1,020,840 2,941,084
Public Works Trust Fund Loan
Public Works Trust Fund Match
Sewer Utility
Water Utility
448,695 448,695
76,960 76,960
115,440 115,440
448,695
76,960
115,440
0 448,695
O 76,960
0 115,440
Total Public Works Trust Fund Proceeds 641,095 0 641,095
641,095
O 641,095
TOTAL PROJECT REVENUES 14,819.532 3,106,155 17,925,687 11,748,836 6,176,851 17,925,687
Right -Of -Way Value
E. G. Lukehart - Right -of -Way 1,190,363 -165,655 1.024,708 1,024,708 1.024,708
"Total Right -of -Way Value 1,190,363 -165,655 1,024,708 0 1,024,708 1,024,708
TOTAL ESTIMATED PROJECT RESOURCES
THROUGH SUPPLEMENT NO.3 16,009,895 2,940,500 18,950,395 11,748,836 7,201,559 18,950,395
STP -Surface Transportation Program
TIB -Transportation Improvement Board
WDOT-Washington State Department of Transportation
To access 5% Contingency ($323,555) ---City must need this resource to complete the project. City must have the
local match($182,000) on hand to match the contingency if it is utilize.
Interest Income is not applicable on this project since this is a reimbursable grant.
Right -of -Way soft money - Shown only for match
CS 3/1/96 8:57 AM
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /
For Meeting of 4/2/9F
ITEM TITLE: Supplement #3 - Local Share Agreement for Gatewa
SUBMITTED BY: Department of Community & Economic Develop
Engineering Division
roject
CONTACT PERSONITELEPHONE:
Glenn Valenzuela, Director/576-6613
Dennis E. Covell, Gateway Coordinator/576-6313
SUMMARY EXPLANATION:
In July of 1995 the Transportation Improvement Board authorized an increase in TIA FUNDS for
the Gateway Project. The increase of $663,126 was approved July 7, 1995 and was
supplemented with local increase funding by the Washington Department of Transportation as an
in kind contribution of $330,000. Allocated Public Work Trust Funds and City Water and Sewer
previously allocated local funds were also used as increased local match as they had not been
previously utilized to leverage TIB dollars.
The local match money agreement needs to be amended to reflect the new TIB money and local
match money for Phase 1 of the Gateway Project.
Supplemental #3 to the agreement provides for Stage 1C be advertised and awarded by the City
of Yakima and further that the City of Yakima shall administer the construction contract.
For Council information attached is the February financial analysis for the Gateway Project
revenues as previously presented to the City Council and County Commissioners on February 20,
1996 The financial analysis includes supplement #3 revenue increases.
Resolution X Ordinance Contract X
APPROVAL FOR SUBMITTAL:
"-opeN1.91.
Other (Specify)
(1) 02/20/96 Finance
Statement of
Revenues
2) Supplement #3
City Manager
4c/'i
STAFF RECOMMENDATION: Approve the resolution authorizing execution of Supplement #3 to
the local match money Agreement #GC -9263 by the City Manager.
SR 82 / YAKIMA AVENUE INTERCHANGE - GATEWAY PROJECT
AGREEMENT GC 9263 - SUPPLEMENT #2
This a reement, made and entered into this day of - la ""'�-"
19 £,
between the State of Washington, Department of Transportation, acting
b
through the Secretary of the Department of Transportation, by virtue of Title 47 RCW,
hereafter called the "STATE," the City of Yakima, hereafter called the "CITY," and
Yakima County, hereafter called the "COUNTY."
WHEREAS, the parties hereto entered into Agreement GC 9263 on February 7,
1992, which provided for the improvement to the SR 82/Yakima Avenue
Interchange and subsequently executed Supplement #1 on May 13, 1994,
and
WHEREAS, it is deemed desirable to further supplement the agreement to
reflect local match fund increases to secure additional TIB funds, and
WHEREAS, the project is approaching the construction phase, it is desired that
the construction administration and financial processes be clarified.
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:
1. The Agreement is hereby supplemented and the Local Share Cost Allocation,
Attachment 1, is hereby superseded and replaced by Attachment 1
Supplement #2.
Agreement GC 9263 Supplement #2 Page 1 of 3
2. The total cost of the project is increased from $15,368,800.00 to $17,754,950
as shown on Attachment #1 attached hereto and by this reference made a part
of this agreement.
3. The STATE shall advertise the phased construction contracts, and if acceptable
bids are received, award and administer the construction contracts.
4. On a monthly basis, the STATE shall bill the CITY the amount due in excess of
the STATE portion. Groups 1, 2 and 3 on the contract Summary of Quantities
shall be the STATE's responsibility. Groups 4 through 14 shall be the CITY's
and COUNTY's responsibilities. Each group shall have construction engineering
and administration overhead expenses attached thereto. The entire amount
expended on the PROJECT shall be forwarded to the CITY to facilitate the TIB
reimbursement process.
5. The contract item "Mobilization" and the construction engineering costs will be
determined by a proration of the mobilization and engineering costs of the entire
project to the construction costs of the work covered by this agreement.
6. The CITY shall bill the TIB and COUNTY for their respective shares within
fifteen (15) days of the receipt of the STATE's invoice.
7 The CITY shall collect all funds due and forward to the STATE in Olympia within
forty-five(45) days of the STATE's invoice.
8. All other terms and conditions of the original agreement shall remain in full force
and effect except as modified by this Supplemental Agreement.
Agreement GC 9263 Supplement #2 Page 2 of 3
IN WITNESS WHEREOF, the City of Yakima, Yakima County, and the Washington
State Department of Transportation hereby execute Supplement #2 of said Agreement
GC 9263 as of the day and year first above written.
Richard A. Zais, Jr.
City Manager
ATTEST:
00,t444'6City C� erF
.:tob"ec/(1 Aj A F`'/"
A
Yakima City Attorney
Approved as to Form:
Assistant Attorney eneral
CITY CONTRACT NO: (�-ac
Agreement GC 9263
•
Stat esign EngineerJ Washington State Dept. of
Transportation
Bettie Ingham, Chair
n
Yakima County Commission
/
/tet/ �I ,'
M. Le
/ames
aki -Pk ounty Commission
7 )
,AllielL__
Wi Ilam H. Flower
Yakima County Commission
ATTEST:
Syl i E. Hinojosa tz
Cler of the Board
Supplement #2 Page 3 of 3
Supplement #2
ATTACHMENT I: LOCAL SHARE COST ALLOCATION
TOTAL PROJECT COST (Revised 7/94)
Agencies
Local Match
--A--
Percent of
Total Local
Match Cost
with Developei
Participation
--B--
Cash Cost
Participation
Percent of
Total Local
Match Costs
without
Developer
Participation
—C --
Percent of Total
Project cost with
Developer
Participation
1. City of Yakima
a) Engineering Division
$1,836,041
29.96%
37.18%
10.34%
b) Transit Division
$218,168
3.56%`
4.42%
1.23%
2. Yakima County
$654,503
10.68%
13.26%
3.68%
3. District #5 of WDOT
$2,229,154
36.38%
45.14%
12.55%
4. Local Developer '
$1,190,363
19.42%
0.00%
6.70%
$6,128,229
100.00%
100.00%
34.50%
Transportation Improvement
Account (TIA)
$11,626,721
65.50%
_
Total Cost Estimate
$17,754,950
100.00%
* Estimated Right -of -Way Dedication
Value up to $1,190,363
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1 /
For Meeting Of Feb 14. 1995
ITEM TITLE: Revised Supplement #2, Local Share Agreement for Gateway Project
SUBMITTED BY: Department of Engineering & Utilities - Engine ring Division
CONTACT PERSON/TELEPHONE: Dennis E. Covell, Director EG.
576-6313
In July of this year the Transportation Improvement Board authorized an increase in TIA funds
for the Gateway Project. The increase of $1,160,568 was accomplished at no increase to
City, County or developer local match money. The increase in local match money was by
WDOT - South Central Region.
Supplement #2 was initially approved by the City of Yakima and Yakima County in late 1994
utilizing requested WDOT agreement language. The Attorney Generals Office review of
Supplement #2, when it was presented by WDOT for final approval, resulted in additional
language changes. The changes are:
• Reference the agreement cost increase from Supplement #1 not the original
agreement amount.
• Eliminate the requirement that part of the State local share money ($1,000,000) must
be spent by June 30, 1995.
Resolution _XOrdinance Contract Other (Specify) 1) Funding History
2) Supplement #2
Funding Source
APPROVED FOR SUBMITTAL:
V
Cky Manager
STAFF RECOMMENDATION: Approve the resolution authorizing execution of the revised
Supplement #2 to the local match money agreement #GC -0263 by the City Manager.
COUNCIL ACTION:
• Revise reference of a contract to phased construction contracts.
• The State will bill the City for local share funding due in excess of the
State portion rather than the state billing the City the entire amount of
State expenditures.
• Eliminated reference to a specific engineering and administrative
overhead factor charged in the monthly amount paid the State.
• The City will pay the monthly State invoice within 45 days rather than
30 days of billing date.
The changes reflect simplifying the money flow for construction. Payments as
discussed with WDOT - Headquarters and the Transportation improvement
Board (TIB) in December of 1994.
PHASE 1- FUNDING HISTORY
' In addition to this amount the City has seperately budgeted an additional $500,000 to upgrade
water and sewer utilities in the project area.
ORIGINAL
Jul -93
Jul -94
CITY OF YAKIMA
$1,691,689
$1,836,041
$1,836,041
12.62%
11.95%
10.34%
YAKIMA TRANSIT
$201,026
$218,168
$218,168
1.50%
1.42%
1.23%
YAKIMA COUNTY
$603,076
$654,503
$654,503
4.50%
4.26%
3.68%
WSDOT
$924,717
$1,003,572
$2,229,154
6.90%
6.53%
12.55%
TRAIL WAGONS
$600,000
$1,190,363
$1,190,363
4.48%
7.74%
6.70%
TOTAL LOCAL
$4,020,508
$4,902,647
$6,128,229
30%
31.90%
34.50%
TIA
$9,381,185
$10,466,153
$11,626,721
70%
68.10%
65.50%
GRAND TOTALS
$13,401,693
$15,368,800
$17,754,950
' In addition to this amount the City has seperately budgeted an additional $500,000 to upgrade
water and sewer utilities in the project area.
AMU.
,772; Washington State
-Iv Department of Transportation
Sid Morrison
Secretary of Transportation
Mr. Dennis E. Covell, P.E.
Department of Engineering and Utilities
129 North Second Street
Yakima, WA 98901
Dear Mr. Covell:
District 5
2809 Rudkin Road, Union Gap
P o Box 12560
Yakima, WA 98909-2560
(509) 575-2510
February 6,1995
SR 82, MP33, Agmt GC9263,Supp#2
Gateway Project Agreement
Supplement Number 2
Request Approval
The Department of Transportation has found it necessary to
modify the proposed Supplement #2. The attached documents
reflect the acceptable modifications and have been approved by
the Assistant Attorney General.
The main revision is in the billing process. Not having
administered a similar project has caused our accountants to
rethink their system and develop a trackable billing scheme.
The agreement now stipulates that the STATE is responsible for
Groups 1,2, and 3 of the contract plans SUMMARY OF QUANTITIES.
The CITY, and COUNTY are responsible for the remainder of the
project. This resulted in an increase to the STATE but
simplified accounting as desired.
Please review this proposed supplement and secure the
necessary signatures. When the signatures are obtained,
please return the three originals to this office for the final
execution. Note that the date on the front of the agreement
is to be filled in by the STATE when the final signature is
affixed.
Call me at 575-2526 if you need additional information.
DJ:attach
cc: Eilert Bjorge
Richard L. Larson. P.E.
Region Administ
by:Darryl
Region Uti ity E T'neer
FEB
�p'rl JEERI�.F
RESOLUTION NO. R-95 - 24
A RESOLUTION authorizing the execution of revised Supplement #2 to the
Agreement for Joint Construction of Improvement of Yakima
Avenue/I-82 Interchange Area and Fair Avenue Project with
the State Department of Transportation and Yakima County.
WHEREAS, the City of Yakima, Yakima County, and the Department of
Transportation for the State of Washington desire to collectively construct
improvement for the Yakima Avenue/I-82 Interchange Area and Fair Avenue
Project, which are mutually beneficial to all entities; and
WHEREAS, the City Council deems it to be in the best interest of the
City of Yakima to Supplement the aforementioned agreement with a revised
Attachment 2 reflecting the increased project funding from TIB with no increase
to the City of Yakima, Yakima County or the Developer, for the purpose of joint
cooperation for the construction of the aforementioned improvement, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager and the City Clerk are hereby authorized and directed
to execute the revised Supplement #2 to Agreement for Joint Construction of
Improvements of Yakima Avenue/I-82 Interchange Area and Fair Avenue
Project, a true copy of which is attached hereto and imcorporated herein.
ADOPTED BY THE CITY COUNCIL thisl4thday of February, 1995,
E`,/_,C,___,Zi_e.-7,J__/----
MAYOR
ATTEST:
SUPPLEMENTAL AGREEMENT
AGREEMENT GC 9263 SUPPLEMENT #2
This agreement, made and entered into this day of , 19 , between the
State of Washington, Department of Transportation, acting through the Secretary of the
Department of Transportation, by virtue of Title 47 RCW, hereafter called the "STATE",
the City of Yakima, hereafter called the "CITY" and Yakima County, hereafter called
the "COUNTY".
WHEREAS, the parties hereto entered into Agreement GC 9263 on February 7, 1992
which provided for the improvement to the SR 82/Yakima Avenue Interchange.
WHEREAS, it is deemed desirable to supplement the original agreement to reflect
local match fund increases to secure additional TIB funds.
WHEREAS, the project is approaching the construction phase, and it is desired
that the construction administration and financial processes be clarified.
WHEREAS, the STATE is committed to the expenditure of one million dollars on
the construction phase of this PROJECT by June 30, 1995.
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:
1. The Local Share Cost Allocation, Attachment 1, in the original agreement is
hereby superseded and replaced by Local Share Cost Allocation.
2. The total cost of the project as shown in paragraph 5, page 2, of the original
agreement is revised from $13,401,693.00 to $15,368,800.00.
3. The Project cost shown in paragraph 7, page 3, of the original agreement is
revised from $13,401,693.00 to $15,368,800.00.
4. The STATE shall advertise, award the contract if acceptable bids are received
and administer the construction contract.
5. The STATE shall make contract progress payments as the work is done in
accordance with the STATE "CAPS" contract payment system.
6. On a monthly basis, the STATE shall bill to the CITY the entire amount of STATE
expenditures on the PROJECT including engineering and administration overhead,
currently 9.22%.
7. The CITY shall bill the TIP, COUNTY, CITY and STATE for their respective shares
within fifteen (15) days of the STATE's invoice.
8. The PARTIES shall pay the CITY within thirty (30) days of the CITY'S invoice.
9. The CITY shall collect all funds due and forward to the STATE referencing this
AGREEMENT number GC -9263 with the payment.
10. The CITY shall adjust the initial billing shares to assure that the STATE is
billed one million dollars for the construction phase of the project by June 1,
1995, provided that contract expenses are greater than one million dollars to
that date.
11. All other terms and conditions of the original agreement shall remain in full
force and effect except as modified by this Supplement Agreement.
Signature Sheet - Supplement #Z
The City of Yakima, Yakaima County, and Washington Department of Transportation
have executed the Agreement for Joint Construction and hereby execute Supplement
#2 of said Agreement.
Richard A. Zais, Jr.
City Manager
ATTEST:
Dennis Jackson
State Design Engineer
Washington State Dept. of
Transportation
City Clerk Charles Klarich, Chairman
Yakima County Commission
Yakima City Attorney Bettie Ingham
Yakima County Commissioner
Approved as to Form:
Assistant Attorney General
CITY CONTRACT W0.
James M. Lewis
Yakima County Commissioner
ATTEST:
Sylvia E. Hinojosa
Clerk of the Board
Supplement #2
ATTACHMENT I: LOCAL SHARE COST ALLOCATION
TOTAL PROJECT COST (Revised 7/94)
Agencies
Local Match
--A--
Percent of
Total Local
Match Cost
with Developer
Participation
--B--
Cash Cost
Participation
Percent of
Total Local
Match Costs
without
Developer
Participation
--C--
Percent of Total
Project cost with
Developer
Participation
1. City of Yakima
a) Engineering Division
$1,836,041
29.96%
37.18%
10.34%
b) Transit Division
$218,168
3.56%
4.42%
1.23%
2. Yakima County
$654,503
10.68%
13.26%
3.68%
3. District #5 of WDOT
$2,229,154
36.38%
45.14%
12.55%
4. Local Developer *
$1,190,363
19.42%
0.00%
6.70%
$6,128,229
100.00%
100.00%
34.50%
Transportation Improvement
Account (TIA)
$11,626,721
65.50%
Total Cost Estimate
$17,754,950
100.00%
* Estimated Right -of -Way Dedication
Value up to $1,190,363
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1
For Meeting Of 11/1/94
ITEM TITLE: Supplement #2 - Local Share Agreement for Gateway Project
SUBMITTED BY: Department of Engineering & Utilities
CONTACT PERSON/TELEPHONE: Dennis E Covell, Director / EC
576-6313
In July of this year the Transportation Improvement Board authorized an increase in TIA funds
for the Gateway Project. The increase of $1,160,568 was accomplished at no increase to
City, County or developer local match money. The increase in local match money was by
WDOT-District #5.
The local match money agreement needs to be amended to reflect the new moneys for
Phase I of the Gateway Project.
For Council information the Phase I funding history chart is attached.
Resolution o OrdinanceContract X Other (Specify) 1) Funding History
2) Supplement #2
Funding Source 143 Fund - Transportation Improvement Fund
APPROVAL FOR SUBMITTAL: C i�
�y Manager
STAFF RECOMMENDATION: Approve the resolution authorizing execution of Supplement
#2 to the local match money Agreement #GC -9263 by the City Manager.
BOARD RECOMMENDATION:
COUNCIL ACTION: Resolution adopted, Res. No. R-94-142
RESOLUTION NO. R-94 -
A RESOLUTION authorizing the execution of Supplement #2 to the
Agreement for Joint Construction of Improvement of
Yakima Avenue/I-82 Interchange Area and Fair Avenue
Project with the State Department of Transportation and
Yakima County.
WHEREAS, the City of Yakima, Yakima County, and the Department
of Transportation for the State of Washington desire to collectively construct
improvement for the Yakima Avenue/I-82 Interchange Area and Fair
Avenue Project valued at $17.8 million dollars, which are mutually beneficial
to all entities; and
WHEREAS, the City Council deems it to be in the best interest of the
City of Yakima to Supplement the aforementioned agreement with a revised
Attachment 2 reflecting the increased project funding from TIB with no
increase to the City of Yakima, Yakima County or the Developer, for the
purpose of joint cooperation for the construction of the aforementioned
improvement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk are hereby authorized and
directed to execute Supplement #2 to Agreement for Joint Construction of
Improvements of Yakima Avenue/I-82 Interchange Area and Fair Avenue
Project, a true copy of which is attached hereto and incorporated herein.
ADOPTED BY THE CITY COUNCIL this day of November, 1994.
ATTEST:
/69---ete c
CITY CLERK
\/�C0
MAYOR
Supplement #1
ATTACHMENT I: LOCAL SHARE COST ALLOCATION
TOTAL PROJECT COST (Revised 7/93)
Agencies
Local Match
-- A --
Percent of
Total
Local
Match
Cost
with
Developer
Partici-
pation
— B--
Cash Cost
Partici-
pation
Percent of
Total Local
Match Costs
with out
Developer
Particip-
ation
-- C --
Percent of
of Total
Project Cost
with
Developer
Particip-
ation
1. City of Yakima
a) Engineering Division
b) Transit Division
$1,836,041
218,168
37.45%
4.45%
49.46%
5.88%
11.95%
1.42%
2. Yakima County
654,503
13.35%
17.63%
4.26%
3. District #5 of WDOT
1,003,572
20.47%
27.03%
6.53%
4. Local Developer *
1,190,363
24.28%
0.00%
7.74%
$4,902,647
100.0%
100.00%
31.90%
Transportation
Improvement Account
(TIA)
10,466,153
68.1%
Total Cost Estimate
$15,368,800
100%
Estimated Right -of -Way Dedication
Value up to $1,190,363
TD -10 DC.2
1 -- 12/13/93
Vgr>< tura Sheet - Supplement #1
The City of Yakima, Yakima County, and Washington Department of Transportation have
executed the Agreement for Joint Construction and hereby execute Supplement #1 of said
Agreement.
Richard A. Zais, Jr.
City Manager
ATTEST:
City Clerk
CITY CONTRACT NO.
Approved as to Form:
p
Dennis Jackson
State Design Engineer
Washington State Dept. of Transportation
Charles Klarich, Chairman
Yakima County Commission
Bettie Ingham
Yakima County Commissioner
Yakima City Attorney James M. Lewis
Yakima County Commissioner
Legal/BD
DEC/Gateway
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /V
For Meeting Of Dec. 21. 1993
Gateway Project Local Match Money Agreement - Supplement #1
Department of Engineering and Utilities
CONTACT PERSON/TELEPHONE:
SUMMARY EXPLANATION:
Dennis E. Covell, Director / 576-6313
ec
In July of this year, the Transportation Improvement Board (TIB) approved an additional $1,084,967 for the Gateway Project. This increase
raised the TIB funding from $9,381,186 to $10,466,153. The increased TIB funding required an increase in local match money participation of
$882,139. This increased the local match money from $3,020,508 to $4,902,647. The change in project funding requires a modification to
Attachment I of the Agreement for Joint Construction to reflect the increased funding. The agreement Supplement #1 requires endorsement
by the City of Yakima, Yakima County, and the Department of Transportation.
The increase funding comparison is reflected as follows:
Agency
Original Participation
Original % of Total
Project Cost
Revised Participation
Revised % of Total
Project Cost
1. City of Yakima
a. Engr. Div.
b. Transit Div.
$ 1,691,689
$ 201,026
12.62%
1.50%
$ 1,836,041
218,168
11.95%
1.42%
2. Yakima County
603,076
4.50%
654,503
4.26%
3. District #5 of WDOT
924,717
6.90%
1,003,572
6.53%
4. Local Developer'
600,000
4.48%
1,190,363
7.74%
SUB -TOTAL
$ 4,020,508
30.00%
$ 4,902,647
31.90%
5. TIB Account
9,381,185
70.00%
10,466,153
68.10%
::... :Cf ...::::.....::.:::..::.#t
:::::';;.::::::::::n::::::;:::::::::....
....„;;;::;::;p
:.....,..t., , o:::::::::::::::::::;::;:i;._c;;:;:::..:,,,,
*estimated Right -of -Way Dedication
The Department of Transportation requires sign -off of the Supplement before they sign -off. The Yakima County Commission is scheduled
for approval action in early January, 1994. It is scheduled that the Supplement will be turned over for final sign -off to the Department of
Transportation in January, 1994.
Resolution X Ordinance _ Contract X Other (Specify) Agreement Supplement #1
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve the accompanying resolution authorizing Supplement
#1 to the Agreement for Joint Construction of Improvements of the Yakima Gateway project.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution No. R-93-148
Legal/BD
DEC/Gateway
A RESOLUTION
RESOLUTION NO. R-93- 148
authorizing the execution of Supplement #1 to the Agreement for Joint
Construction of Improvement of Yakima Avenue/I-82 Interchange Area
and Fair Avenue Project with the State Department of Transportation and
Yakima County.
WHEREAS, the City of Yakima, Yakima County, and the Department of
Transportation for the State of Washington desire to collectively construct improvement for the
Yakima Avenue/I-82 Interchange Area and Fair Avenue Project valued at 13.4 million dollars,
which are mutually beneficial to all entities; and
WHEREAS, the City, as lead agency, has acquired an additional $1,084,976 in
Transportation Improvement Board funds to increase the finance of said project; and
WHEREAS, the City, Yakima County, and other sources agreed to contribute
additional local match monies to increase the project value to 15.37 million dollars; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
Supplement the aforementioned agreement with a revised Attachment 1 reflecting the increased
project funding to all entities for the purpose of joint cooperation for the construction of the
aforementioned improvement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager and the City Clerk are hereby authorized and directed to execute
Supplement #1 to Agreement for Joint Construction of Improvements of Yakima Avenue/I-82
Interchange Area and Fair Avenue Project, a true copy of which is attached hereto and
incorporated herein.
ADOPTED BY THE CITY COUNCIL this21st day of December, 1993.
MAYOR
ATTEST:
CITY CLERK
Legai/bd
Resolutions
RES DD
Agreement for Joint Construction of Improvements of
Yakima Avenue/I-82
Interchange Area and Fair Avenue
City of Yakima
Yakima County
Washington State Department of Transportation
This Agreement, made and executed this day of ,
1991 by and between the City of Yakima, (hereafter City), Yakima
County, (hereafter County),and Washington State Department of
Transportation, (hereafter Department), collectively hereinafter
referred to as the Parties and individually as Party.
WHEREAS, the City of Yakima has submitted to the Washington
State Transportation Improvement Board, (hereinafter referred to as
TIB) a project for improvement of the Yakima Avenue/Interstate-82
Interchange area and Fair Avenue, by widening roadways and creating
alignments which involve new structures, existing structure removal
or modification, installation of curbs, gutters, drainage facili-
ties, sidewalks, landscaping, relocation or installation of utili-
ties, installation of traffic signals, new roadway sections,
pathways, street lights, guard rail, all of which is hereinafter
called the Project; and
WHEREAS, TIB did select the Project for funding and it re-
quires a preliminary proposal prospectus from the City of Yakima to
obligate the State's Transportation Improvement Account, hereafter
referred to as (TIA), for program funds for up to 70% of the Pro-
ject costs; and
WHEREAS, the Washington State Legislature has enacted and the
Governor has signed a comprehensive transportation funding bill in
March, 1990, which includes funds for this TIA project; and
WHEREAS, securing of absolute commitment of TIA funds toward
the Project depends on expeditious completion of a predesign report
to the TIB; and
WHEREAS, this improvement lies within the boundaries of the
City of Yakima providing mutual benefit to the Parties, and re-
quires joint participation by the Parties; and
WHEREAS, the TIA Program requires local jurisdictions to fund
at least 30% of the total Project costs through a number of funding
options, including, but not limited to, state or federal funds
available to the Parties, developer contributions, local funds;
and
WHEREAS, RCW 39.34, the Interlocal Cooperation Act, provides
authority for the Parties to enter into this agreement; and
Page 1 of 5
(agr\fair)
WHEREAS, the Parties recognize the mutual benefits for
improving I-82 as a transportation corridor, and Fair Avenue by
enhancing access to the Fairgrounds and the Sundome; and
WHEREAS, the guidelines for the Transportation Improvement
Account Program, as revised, provide the rules and regulations for
the conduct of TIA funded projects, now, therefore,
In consideration for the mutual promises contained herein, the
said Parties hereby enter into an agreement as follows:
1. The City shall be the lead agency for the total Project,
including consultant selection, plan review, TIA funding
application, State Environmental Policy Act (SEPA), and
National Environmental Policy Act (NEPA) determination
and administration. Contract award, inspection and
contract administration shall be by the City or the
Department, depending on jurisdiction.
2. Overall policy oversight to the Project shall be provided
by a three member executive committee consisting of the
Department's District Assistant Project Development
Engineer, the City's Director of Engineering and Utili-
ties and the County's Assistant County Public Works
Director or their respective designees.
3. The City's staff shall coordinate the Project with staffs
of the respective Parties in all phases of the Project as
they relate to predesign, design, and construction of
improvements.
4. The Parties shall, without cost, issue all necessary
right-of-way and any other permits necessary within their
respective right-of-way and any other permits necessary
within their respective rights-of-way, for the approved
Project, provided, however, that nothing herein shall be
interpreted to relieve any of the Parties of its quasi-
judicial obligation in the issuance of such permits or in
the event that review is sought of the issuance of such
permit.
5. The Parties shall share the total cost of the Project
according to their relative allocations shown in the
preliminary cost estimate of the Project ---
$13,401,693.00 in Attachment 1, which is attached hereto
and incorporated herein. The approval of the Parties
shall be sought prior to the submittal to the TIB of the
Certification of Local Funds.
6. The Parties recognize the need to complete, as soon as
possible, a design report prior to a final obligation of
funds by the TIB, and jointly commit toward this effort,
according to the allocations shown in Attachment 1. The
costs in Attachment 1 are part of the overall Project
Page 2 of 5
(agr\fair)
cost and shall be credited to each Party's share of the
total Project cost.
7. The figure mentioned in Paragraph 5 herein is recognized
to be a very preliminary planning cost estimate. Any
Project costs above the $13,401,693.00 for the Project as
defined in the scope of work shall be apportioned and
paid by the City, County, and Department according to
the allocation found in Column C of percentages in At-
tachment 1. Any improvements or special conditions which
are identified by any parties and which are outside the
original scope of the Project, as defined by the approved
Project design report, will need to be evaluated care-
fully and the cost shall be paid by the benefitting Party
or Parties. Any costs above the $13,401,693.00 -- wheth-
er part of the original scope or not, must be approved by
the Parties, and apportioned according to the above
provisions.
8. Project costs are defined as all related Project costs,
including but not limited to, predesign, design, con-
struction, demolition, right of way acquisition, legal,
administration, consultant engineering, environmental
assessment, testing services and costs related to or
incident to TIA Program or department services.
9. Each Party shall be responsible for identifying in a
timely manner their respective needs, concerns, special
conditions, and other considerations to the City. The
City shall be responsible to ensure that the consultant
incorporates these comments into the pre -design and the
design of the Project. The City shall also be responsi-
ble for contacting the other utility service providers
early in the process so as to provide for advance plan-
ning and coordination.
10. Each Party shall pay invoices for their respective shares
within 30 days of receipt of invoices from the City.
Invoices shall be sent to:
DEPARTMENT:
Washington Department of Transportation -District #5
P.O. Box 12560
Yakima, Washington 98907
Attn: Linda Raber
CITY:
Dennis Covell
City of Yakima Director of Department of
Engineering & Utilities
City Hall
129 North 2nd Street
Yakima, Washington 98901
Page 3 of 5
(agr\fair)
COUNTY:
Dan Hesse
Yakima County Director of Public Works
Yakima County Courthouse
Yakima, Washington 98901
11. Design and construction contract documents and agreements
shall indemnity and hold harmless Parties to this agree-
ment.
12. Review and approval of the Consultant Agreement Design
Report and subsequent documents such as plans, special
provisions and estimates shall require review and approv-
al by both the Department and the Federal Highway Admin-
istration.
13. Assignment: None of the entities hereto shall have the
right to assign this agreement or any of its rights and
obligations hereunder, nor to terminate its obligations
hereunder otherwise without first securing the written
consent of all other entities.
14. Execution of Documents: Each Party agrees that it shall
execute any and all instruments, documents and resolu-
tions or ordinances necessary to give the effect of the
terms of this agreement.
15. Effective Date: The provisions of this agreement shall
become effective on the date written above and the
charges provided for herein commence on the effective
date unless other provisions have been made.,
16. Waiver: No Waiver by any Party or any term or condition
of this agreement shall be deemed or construed as a
waiver of any other term or condition nor shall a waiver
of any breach be deemed to constitute a waiver of any
subsequent breach whether the same or a different provi-
sions of this agreement.
17. Remedies: In addition to the remedies provided by law,
this contract shall be specifically enforceable by each
Party.
18. Termination: This agreement shall remain in effect until
the Project is completed and accepted in writing by the
Parties.
19. Indemnification: Until final acceptance and approval of
the Project, any cause, claim or liability arising from
or out of the Project and determined to be the joint
and/or mutual fault of the Parties, shall be borne by the
Parties on a percentage basis determined by a court of
competent jurisdiction or by agreement of the Parties.
Liability attributable to the sole fault of a Party shall
Page 4 of 5
(agr\fair)
be borne by that Party. After final acceptance of the
Project by the Parties, each Party shall hold harmless
and indemnify the other Parties from any cause of action,
arising from or out of design or construction of the
improvement located within the geographical jurisdiction
of each Party.
IN WITNESS WHEREOF, the Parties hereto have executed this
Agreement as of this day and year first above written.
Richard A. Zai , Jr.
City Manager
ATTEST:
City Clerk
APPRO
TO FORM:
Yak ma City Attorney
E. R. Burch
State Design Engineer
Washington State Department of
Transportation
Alex Deccio, Chairman
Yakima County Commissioner
Graham Tollefson
Yakima County Commissioner
Charles Klarich
Yakima County Prosecuting Yakima County Commissioner
Attorney
gi,,.p,iJ -bo2_3
thr CONTRACT tfP:
Page 5 of 5
(agr\fair)
ATTACHMENT I: LOCAL SHARE COST ALLOCATION
TOTAL PROJECT COST
—A—
Agencies
Local Match
Percent of
Total
Local
Match
Costs
—B—
Percent of
of Total
Project Cost
Ove
run Costs
Partici-
pation
Percent of
Total Local
Match Costs
1. City of Yakima
a) Engineering Division
b) Transit Division
$1,691,689
201,025
42.08%
5.00%
12.62%
1.50%
49.46%
5.88%
2. Yakima County
603,076
15.00%
4.50%
17.63%
3. District #5 of WDOT
924,717
23.00%
6.90%
27.03%
4. Local Developer *
_600,000
14.92%
4.48%
0.00%
$4,020,507
100.0%
30.00%
100.00%
Transportation
Improvement Account
(TIA)
9,381,185
70%
Total Cost Estimate
$13,401,693
100%
* Right -of -Way Dedication
Value up to $600,000
TD -10 DC2
1 - 10/8/91
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of 11/12/91
ITEM TITLE: Agreement for Local Match Money Participation for Yakima Avenue/I-82
Interchange Area & Fair Avenue
SUBMITTED BY: Department of Engineering & Utilities nn
CONTACT PERSON/TELEPHONE: Dennis E. Covell, P.E. .C..�;V.
Director of Engineering & Utilities / 575-6161
SUMMARY EXPLANATION: The Transportation Improvement Board requires a written
agreement between local match money participating agencies to confirm pledged local
funding. The accompanying agreement provides the confirmation by Yakima County, the
City of Yakima, and the Washington State Department of Transportation. The agreement
has been reviewed for content by Yakima County and the Department of Transportation and
reflects their input. An additional agreement confirming the private developer right-of-way
contribution is forthcoming.
X Resolution
Plan/Map
Notification List
Ordinance Contract Minutes
APPROVED FOR SUBMITTAL:
Other
ecify
\..
City Manager
STAFF RECOMMENDATION: Approve the attached resolution authorizing the City Manager
to execute the agreement on behalf of the City of Yakima.
COUNCIL ACTION:
T -DAILY -I 1
RESOLUTION NO.n F 0 2 3
A RESOLUTION authorizing the execution of an Agreement for
Joint Construction of Improvements of Yakima
Avenue/I-82 Interchange Area and Fair Avenue with
the State Department of Transportation and Yakima
County.
WHEREAS, the City, Yakima County, and the Department of
Transportation for the State of Washington desire to collec-
tively construct improvements for the Yakima Avenue/I-82
Interchange Area and Fair Avenue valued at 13.4 million dol-
lars, which are mutually beneficial to all entities; and
WHEREAS, the City as lead agency has applied to the State
Transportation Improvement Board for funds to partially fi-
nance such project; and
WHEREAS, the City, Yakima County, and other sources will
also contribute funds to finance such project; and
WHEREAS, the City Council deems it to be in the best
interest of the City of Yakima to enter into the aforemen-
tioned agreement with Yakima County and the State Department
of Transportation for the purpose of joint cooperation for the
construction of the aforementioned improvement, now, there-
fore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk are hereby authorized
and directed to execute an Agreement for Joint Construction of
Improvements of Yakima Avenue/I-82 Interchange Area and Fair
Avenue, a true copy of which is attached hereto and incorpo-
rated herein.
ADOPTED BY THE CITY COUNCIL this /2 day of /14v.7=4.— ,
1991.
ATTEST:
City Clerk
fres/fair.jv)
2t
Mayor