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HomeMy WebLinkAboutR-2008-109 16th Avenue and Hathaway Street CrossingRESOLUTION NO. R-2008-109 A RESOLUTION concerning the City Council's approval of an Interlocal Agreement between the City and the Washington Department of General Administration establishing the parties' terms and agreements supporting the General Administration's financial assistance to complete a street crosswalk project in the vicinity of 16th Avenue and Hathaway within the City to provide a safe pedestrian crossing associated with the Washington Department of Social and Health Services building that the Department of General Administration owns, as well as to generally provide for the health, safety and wellbeing of the citizens of Yakima. WHEREAS, the City of Yakima (City) and the Washington Department of General Administration (GA) (hereafter "the parties") desire to improve the pedestrian crossing situation in the vicinity of 16th Avenue and Hathaway in the City of Yakima, adjacent to the Yakima DSHS Building, owned by GA; and WHEREAS, the City has experience with the design and construction of crosswalks and lights as planned for this project; and WHEREAS, GA and the City are each independently authorized by law to conduct such activity; and WHEREAS, RCW 39.34.080 authorizes a public agency to contract with another public agency to perform any governmental service, activity, or undertaking which each public agency is authorized to perform, provided that such contract shall be authorized by the governing body of each party to the contract; and WHEREAS, RCW 39.34.010 permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities, including an agency of state government, on a basis of mutual advantage; and WHEREAS, it is of mutual advantage to the City and GA to enter into this Agreement to provide a safe crossing as a health and safety measure for clients and staff of the Yakima DSHS office at 16th Avenue and Hathaway, as well as the citizens of Yakima generally; and WHEREAS, it is necessary for GA and the City to enter into the attached and incorporated Interlocal Agreement that sets forth the terms, conditions, and requirements for completing the Project, 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 Interlocal Agreement between the City of Yakima and the Washington Department of General Administration, providing for the cooperative construction of a pedestrian crosswalk in the vicinity of 16th Avenue and Hathaway within the City of Yakima, Washington. ADOPTED BY THE CITY COUNCIL this 1st day of J -008. '5i_//// avid Edler, Mayor ATTEST: City Clerk (jc)res/City-GA Interlocal Agreement For DSHS Crosswalk 1 • / / CONSTRUCT, TRAFFIC STOP, BAR AT ATYPICAL DISTANCE OF.12',FROMCROSSWALK(/ . SAW CUT EXISTING CURB; GUTTER -AND / ,/ / SIDEWALK TO'LIMITS SHOWPLACE NEW ADA/' RAMP W/ APPROVED TRUNCATED' DOMES PER' CRY,OF,YAKIMA STANDARD SPECIFICATIONS/ INSTALL NEW PEDESTRIAN SIGNAL' POLE PER Th l :I INSTALL'NEWPEDESTRIAN SIGNAL POLE PER.' SPECIFICATIONS / , , / / , .SAW CUT EXISTING'CURB; GUT- R'AND SIDEWALK/ ,TO.LIMITS SHOWN. PLACE -NEW ADARAMPS W% / APPROVED TRUNCATED DOMES PER CITY,OF, YAKIMA , 'STANDARD SPECIFICATIONS. B7(ISINTING' ; / / / / / TRUNCATED DOMES AND RAMPS ARE -TO BE// ,RECONSTRUCTED PER'CITY OF,YAKIMA STANDARDS./ CONSTRUCT,TRAFFID STOP BAR TYPICAL DISTANCE OF 12' FROM CROSSWALK. • / DATE REVISION BY City Of Engineering Division / Hathaviiay%/;Stree 2008 Pedestrian Crossings 16th Avenue & Hathaway Street DSHS. Location City of Yakima Project No. 2236 Project Eng: D.FOrd 3 4 Holz. Scale Vert. Scale NONE R ZOOK--/o7 --Interlocal Agreement No. FD08-013 Department of General Administration INTERLOCAL AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF GENERAL ADMINISTRATION AND THE CITY OF YAKIMA F..i� �n Ju!. 14 2008 GENERAL t-tUMINISTRATION DIVISION of FACILITIES 44 THIS AGREEMENT is made and entered into th•is J �� day ofl4444e, 2008, by and between the Washington State Department of General Administration (GA) and the City of Yakima, a Washington municipal corporation (City). WHEREAS, the parties desire to improve the pedestrian crossing at 16th Avenue and Hathaway in the City of Yakima, adjacent to the Yakima DSHS Building, owned by GA; and WHEREAS, the City has experience with the design and construction of crosswalks and lights as planned for this project; and and WHEREAS, GA and the City are each independently authorized by law to conduct such activity; WHEREAS, RCW 39.34.080 authorizes a public agency to contract with another public agency to perform any governmental service, activity, or undertaking which each public agency is authorized to perform, provided that such contract shall be authorized by the governing body of each party to the contract; and WHEREAS, RCW 39.34.010 permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities, including an agency of state government, on a basis of mutual advantage; and WHEREAS, it is of mutual advantage to the City and GA to enter into this Agreement to provide a safe crossing as a health and safety measure for clients and staff of the Yakima DSHS office at 16th Avenue and Hathaway, as well as the citizens of Yakima generally; and WHEREAS, it is necessary for GA and the City to enter into an agreement setting forth the terms, conditions, and requirements for completing the Project. NOW, THEREFORE, in consideration for the terms and conditions contained herein and in the documents incorporated herein, the parties agree as follows: STATEMENT OF WORK 1. The City will assist the GA in conducting the design and construction for pedestrian crossing improvements to 16th Avenue in the vicinity of Hathaway Street in Yakima, Washington, in accord with the Scope of Work attached hereto and incorporated herein by this reference as Exhibit A. COMPENSATION 2. City will charge GA for its portion of the services described above at its actual costs, said costs not to exceed One Hundred Twenty Thousand Dollars ($120,000.00) without further authorization from Page 1 of 5 June 23, 2008 • Interlocal Agreement No. FD08-013 Department of General Administration GA. The City shall be responsible for all costs of completing the project scope of work in excess of $120,000.00. PAYMENT PROCEDURE 3. The City shall submit an invoice upon completion of the project to GA. Payment shall be made by warrant or account transfer by GA to the City within thirty (30) days of GA's receipt of the invoice, or as soon thereafter as provided by GA's normal payment practices. INDEPENDENT CAPACITY 4. The officials, employees or agents of each party who are engaged in the performance of this Agreement shall continue to be officials, employees or agents of that party and shall not be considered for any purpose to be officials, employees or agents of the other party. LEGAL RELATIONS 5. Neither party shall be liable for damage or claims which arise from or relate to the performance or non-performance of this Agreement by any other party. Each party shall be responsible only for the negligent acts and omissions of its own officers, employees, and agents, and no party shall be considered the agent of the other. ASSIGNMENT 6. GA understands that the City will contract for services to be provided under this agreement and amendments thereto. However, neither party shall assign or convey the interests or obligations of each party under this Agreement without the specific written consent of the other party. There are no third -party beneficiaries of this agreement. DISPUTES 7. It is expected that any conflicts arising out of the implementation of this Agreement will be resolved at the staff level. In the event that issues cannot be resolved by staff in a timely fashion, the parties agree to elevate the dispute through equivalent management levels of each party, and if necessary to the agency director and City Manager. In the event that a dispute cannot be resolved in the manner described above, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, contract terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. AMENDMENT 8. This Agreement shall be amended only by written mutual consent of the parties. Amendments to this agreement may be initiated by any of the parties and shall become final after agreement by all parties and appropriate signatories are attached. Page 2 of 5 June 23, 2008 Interlocal Agreement No. FD08-013 Department of General Administration TERMINATION 9. This agreement is effective from the date when both parties have signed and shall remain in effect until modified by written mutual consent or terminated. Either party may terminate this Agreement upon thirty (30) days written notification to the other party. If this Agreement is so terminated, GA shall be responsible to the City for performance rendered or costs incurred or contracted for in accordance with the terms of this Agreement prior to the effective date of termination, including the cost of any work contracted for by the City or the cost to the City to terminate the contract for said work. This agreement shall automatically terminate upon completion of the project and final payment being received by the City, or no later than June 30, 2009. CONTRACT MANAGEMENT 10. The contract administrators shall be the persons listed below. The contract administrator for each party shall be responsible for and shall be the contact person for all notices and communications regarding the performance of this Agreement. Washington State Department of General Administration Facilities Division, Property Management Group Sherry Edwards, Asset Manager (360) 902-7382 sedward(c-ga.wa.gov City of Yakima Department of Public Works 2301 Fruitvale Blvd. Yakima, WA 98902 (509) 575-6005 cwaarvick@ci.vakima.wa.us GOVERNANCE 11. This Agreement is entered into and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: • Applicable state and federal constitutions, statutes and rules; • Statement of work; and • Any other provisions of the Agreement, including materials incorporated by reference. WAIVER 12. A failure by either 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 party and attached to the original Agreement. Page 3 of 5 June 23, 2008 • Interlocal Agreement No. FD08-013 Department of General Administration SEVERABILITY 13. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of the Agreement, and to this end the provisions of this Agreement are declared to be severable. ALL WRITINGS CONTAINED HEREIN 14. This Agreement contains all 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 any of the parties hereto. ADDITIONAL PROVISIONS 15. This Agreement does not create any separate legal entity, create any joint organization, establish any common budget, nor authorize the joint acquisition of any personal or real property. DATED this day of JLJ/U 2008, CITY OF YAIIMA CITY CONTRAC f NO- RESOLUTION O p- 72 RESOLUTION NO �"9&D/J -I0� ATTEST: City Clerk DEPART STRATION Patrick Buker, •,, ista i t MP for Facilities Divisio APPROVED AS TO FORM: Johnna Skyles Craig, Attorney General Page 4 of 5 June 23, 2008 Interlocal Agreement No. FD08-013 Department of General Administration EXHIBIT A Scope of Work This scope of work for this project is to construct a pedestrian crossing signal on 16th Avenue, approximately 100 feet north of Hathaway as detailed in the attached plan. Work will include constructing sidewalk ramps that meet the requirements of the Americans with Disabilities Act, placing a crosswalk stripe and stop bars on the existing roadway and installing a pedestrian crossing signal system. The pedestrian crossing signal system to be installed is called a High Intensity Activated CrossWalK (HAWK) Beacon. The HAWK Beacon functions a little differently than a normal crosswalk, in that the light beacons remain dark for motorists until activated by the pedestrian push button. After activation, the yellow light beacon will flash for a few seconds to attract motorist's attention, followed by a steady yellow for a few seconds, followed by two solid red beacons requiring the motorists to stop. At this time, the pedestrian will receive a walk indication. Advantages to this type of system are that less electricity is used (no electricity used when black) and it is better at attracting motorist's attention. Design of this project should be completed in early July, after which time the project will be advertised. The total project cost is estimated at $250,000, with $130,000 of the funding coming from the City of Yakima's 2008 bond for Capital Improvement Projects. Page 5 of 5 June 23, 2008 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 2-I For Meeting Of July 1, 2008 ITEM TITLE: Consideration of Resolution authorizing execution of an interlocal agreement between the City of Yakima and the Washington Department of General Administration for financial assistance for a street crosswalk project in the vicinity of 16th Avenue and Hathaway SUBMITTED BY: Brett Sheffield, Chief Engineer Jeff Cutter, Acting City Attorney CONTACT PERSON/TELEPHONE: Jeff Cutter, 575-6030 SUMMARY EXPLANATION: The City has determined that a crosswalk is necessary to provide for the safety and well-being of citizens crossing 16th Avenue in the vicinity of Hathaway, particularly those accessing the Washington Department of Social and Health Services building owned by the Washington Department of •General Administration (GA). The GA has agreed to provide funding support for this $250,000.00 crosswalk construction project in an amount not to exceed $120,000.00. In order for GA to make these funds available, an Interlocal Agreement is necessary between the City and GA. The attached Resolution. and Interlocal Agreement provide the necessary terms and conditions to support GA's contribution toward this necessary City project. Resolution X Ordinance Contract Other(Specify)Interlocal Agree. Contract X Mail to (name and address): Phone: Funding Source City of Yakima 2008 Capital Improvement Projects bond / Washington Department of General Administration APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Approve resolution and authorize execution of Interlocal Agreement BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Complete the Crosswalk project. COUNCIL ACTION: