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HomeMy WebLinkAboutR-2011-082 Streetscape Improvements Agreement with Yakima County RESOLUTION NO. R- 2011 -82 A RESOLUTION Authorizing the City Manager to execute an Interlocal Agreement with Yakima County for Street Improvements. WHEREAS, Yakima County owns five parcels of property comprising the County Courthouse campus located between 1st and 2 Streets, and Martin Luther King Jr. Boulevard and "A" Street in the City with Assessor's parcel numbers 191319 - 22439,22440,22484,22443,and 22444; and WHEREAS, the County and City entered into an Interlocal Agreement on September 29, 2009 providing for the construction of street improvements along 2 and "A" Streets, including cement concrete sidewalks, trees, pedestrian lighting and irrigation that reflects the City's streetscape theme for the downtown area; and WHEREAS, the County is undertaking a similar construction project known as the County Courthouse Envelope Renovation which will impact the existing sidewalk and street improvements along Martin Luther King Boulevard and First Street; and WHEREAS, in addition to the Courthouse renovation the County also intends to reconfigure the existing County Courthouse parking lot along "A" and 2nd Streets; and WHEREAS, the County desires to provide street improvements along Martin Luther King Boulevard, First Street, and a portion of A Street which will enhance the Courthouse campus and result in the extension of the City downtown streetscape theme for the entire block surrounding the Courthouse; and WHEREAS, the City Council has been asked to consider entering an agreement with the County, attached hereto and incorporated herein by this reference, wherein the City would compensate the County for a portion of the cost of street improvements and provide minor design and inspection assistance for the construction thereof; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize the street improvements that will provide direct benefits to the community, including the use and enjoyment of the area by the general public, by participating in the streetscape improvements with the County, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached Interlocal Agreement with Yakima County that describes the terms and conditions of the City's agreement to participate with the County in the streetscape improvements surrounding the Yakima County Courthouse campus. ADOPTED BY THE CITY COUNCIL this 17 day of May, 2011. * � % '//G r Micah Cawl , Mayor ATTEST: City Cler 1 t ol, - aoil -s•l ozokiim CITY OF YAKIMA AND YAKIMA COUNTY INTERLOCAL AGREEMENT FOR STREET IMPROVEMENTS THIS AGREEMENT is entered into between Yakima County, Washington (hereinafter "County ") through its Public Services Department, whose address is 128 North 2 Street, 4 t11 Floor Courthouse, Yakima, Washington, 98901, and the City of Yakima (hereinafter "City "), whose address is 129 North 2 Street, Yakima, Washington 98901, pursuant to RCW 39.34. WHEREAS, the County owns five parcels of property comprising the courthouse campus located between First and Second Street, and Martin Luther King Boulevard and A Street in the City with Assessor's parcel numbers 191319- 22439,22440,22484,22443,and 22444; and, WHEREAS, the County and City entered an Interlocal Agreement on September 29, 2009 providing for the construction of street improvements along 2 and A Streets, including cement concrete sidewalks, trees, pedestrian lighting and irrigation that matches the City's streetscape theme for the downtown area; and, WHEREAS, the County is undertaking a construction project known as the County Courthouse Envelope Renovation which will impact the existing sidewalk and street improvements along Martin Luther King Boulevard and First Street; and WHEREAS, the County also intends to reconfigure the existing County Courthouse parking lot along A and Second Streets; and WHEREAS, the County desires to provide street improvements along Martin Luther King Boulevard, First Street, and part of A Street which will enhance the courthouse campus and result in the extension of the City streetscape theme for the downtown area around the entire block; and WHEREAS, the Yakima City Council approved the City's participation in the street improvements at its meeting on , 2011; and WHEREAS, the City would compensate the County for the cost of street improvements and provide minor design and inspection assistance; and WHEREAS, the street improvements will provide direct benefits to the community including the use and enjoyment of the area by the general public; NOW, THEREFORE, it is hereby agreed as follows: 1 of 5 1. Purpose. The purpose of this Agreement is to define the scope of services contracted between the City and the County, set forth the compensation paid for such services and enumerate other related provisions that contribute to the mutual benefit of the parties to this Agreement. 2. Duration of Agreement. This Agreement shall become effective on the date of execution by the City and the County and shall continue for a term of seven years unless terminated by either party in accordance with Section 11 of this Agreement. 3. Obligations of the Parties. A. The County will: 1) design plans and administer construction contract that will provide street improvements for the Courthouse along Martin Luther King Boulevard, First Street, and A Street including cement concrete sidewalk, trees, pedestrian lighting and irrigation that matches the City's streetscape theme for the downtown area; and 2) provide surveying, material testing and inspection services for the construction project. 3) loan the City up to $268,000 at no interest, for the City's share of the costs for construction and inspection of the Courthouse Sidewalk Improvement Project Et. al. as bid by the County. (approximately 590 1.f. @ $454.00/1.f.) 4) Provide the City a monthly statement of progress payments made to the Contractor for the City's portion of the project. B. The City will: 1) reimburse the County for the loaned amount in five equal annual installments. The first installment shall be payable on or before April 30, 2013, the second installment shall be payable on or before April 30, 2014, the third installment shall be payable on or before April 30, 2015, the fourth installment shall be payable on or before April 30, 2016 and the fifth installment shall be payable on or before April 30, 2017. The City Council has approved, and provided authority to the City Manager to execute, this Agreement for an amount of City participation up to the loan amount of $268,000. If, after a bid is accepted by the parties hereto and the project is completed, the City's portion of construction and inspection costs exceed the loaned amount of $268,000 by an amount up to but not to exceed ten percent(10 %)of 2 of 5 the original $268,000 loaned value, the City agrees to repay that amount as well, with that excess amount being subject to the same loan terms and repayment conditions as applied to the original $268,000 loan value described herein; and 2) provide minor design and inspection assistance in the development of the street improvements. 4. Administration. This Agreement shall be administered by the County's Public Services Director and the City's Engineer. 5. No Third Party Rights. This Agreement is entered into for the sole benefit of the City and the County. It shall confer no benefits or rights, direct or indirect, on any third parties. No person or entity other than the City and the County may rely upon or enforce any provision of this Agreement. 6. Indemnification and Hold Harmless. A. Each party hereto agrees to be responsible and assume liability in the performance of this Agreement for its own wrongful and /or negligent acts or omissions and those of its officers, agents, or employees to the fullest extent allowed by law. B. No party shall be required to indemnify, defend or save harmless the other party if the claim, suit or action for injuries, death or damages is caused by the sole negligence of the other party. For such claims, suits or actions resulting from concurrent negligence of the parties the indemnity provisions provided herein shall be valid and enforceable only to the extent of the party's own negligence. Each of the parties agrees that its obligations under this sub - paragraph extends to any harm, demand and /or cause of action brought by, on behalf of, any of its employees or agents. For this purpose, each party, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW, only to the extent necessary to indemnify the other party. C. The provisions of this Section shall survive the termination or expiration of this Agreement. D. Nothing contained in this Section or this Agreement shall create a liability or a right of indemnification in any third party. 7. Interaction. This Agreement contains all of the terms and conditions agreed on by the parties. No other understandings, oral 3 of 5 or otherwise, regarding the subject matter of this Agreement, are deemed to exist or to bind either of the parties. 8. Modifications. The parties may modify this Agreement but no proposed changes or modifications shall have validity or become :binding on either party unless such changes or modifications are in writing and executed by both parties. 9. Severability. A) If a court of competent jurisdiction holds any party, term or provision of this Agreement illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held invalid. B) If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 10. Waiver. The waiver by either party of any term or condition of this Agreement shall not operate in any way as a waiver of any other condition, obligation or term or prevent either party from enforcing such provision. 11. Termination. The parties may terminate this Agreement, with or without cause, by written notice from either party to the other party thirty (30) days in advance of the termination. In the event of termination, the amount of compensation shall be for services rendered through the termination date. 12. Survival. Any provision of this Agreement which imposes an obligation after expiration or termination of this Agreement shall survive the expiration or termination and shall bind the parties. 13. Notices. Unless otherwise stated herein, all notices and demands are required in written form and sent to the parties at their addresses as follows: TO: CITY 0 YAKIMA City Manager City of Yakima 129 North Second Street Yakima, WA 98901 TO: YAKIMA COUNTY 4 of 5 Vern M. Redifer, PE Public Services Director 128 N . - 2 1 1 d Street Yakima, WA 98901 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 15. Compliance with Law. All parties to this Agreement shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement. 16. Filing. Copies of this Agreement shall be filed with the Yakima County Auditor, pursuant to RCW 39.34.040, and with the City Clerk of Yakima. CITY OF YAKIMA BOARD OF YAKIMA COUNTY COMMISSIONERS / R.A. City Manager / _��- -• in :ouchey, Chairman Date Signed / ,et P i Mq ,�� J. /Rand Elliott, Commissioner ATTEST. i . (� - =11� _ __; Michael D. Leita, Commissioner Deborah Kloster Constituting the Board of County Commissioners • for Yakima County, Washington City Contract No.: / / o?D ,S/ Resolution No.: /e Q — o? 0�� g'v? Date Signe APPROV TO FORM: AAVAit rry -ustin, Chief Civil Deputy Of Y. :k' a County, Washington 5 of 5 olilltmo � 03;'x fie � = At est : J.riera L. Girard __ :o= Clerk of the Board �+- . � ;moo'• •���� Mandy Burkett BOCC 345 -2011 'i, • • • • •,d'� -,\`� Deputy Clerk of the Board June 14,2011 * // 'oiri linos 6 of 5 YAKIMA COUNTY SIDEWALK ESTIMATE 4/13/2011 Approx. Total Item Item No. Description Quantity I Unit I Unit Price I Amount PREPARATION 1 MOBILIZATION 1 L.S. 15,000 15,000 2 CLEARING AND GRUBBING 1 L.S. 10,000 10,000 3 REMOVING BITUMINOUS PAVEMENT 50 S.Y. 10 500 4 REMOVING CEMENT CONC. SIDEWALK 1,300 S.Y. 20 26,000 5 REMOVING CEMENT CONC. CURB 250 L.F. 6 1,500 • SURFACING 6 CRUSHED SURFACING TOP COURSE 150 I TON I 30 I 4,500 HOT MIX ASPHALT 7 HMA CL 1/2 IN. PG 64 - 28 10 I TON I 300 I 3,000 IRRIGATION AND WATER DISTRIBUTION 8 IRRIGATION SYSTEM 1 I L.S. I 15,000 I 15,000 EROSION CONTROL AND PLANTING 9 PSIPE SCARLET SENTINEL MAPLE 10 EACH 500 5,000 10 PSIPE CHANTICLEER FLOWERING PEAR 10 EACH 500 5,000 11 TREE GRATE 20 EACH 2,000 40,000 12 PRECAST CONCRETE PLANTER 48 IN. DIAM. 8 EACH 1,500 12,000 13 TRASH RECEPTACLE 3 EACH 1,200 4,000 14 ROOT BARRIER 300 L.F. 10 3,000 TRAFFIC 15 EXTRUDED CURB 250 L.F. 25 6,500 16 PERMANENT SIGNING 1 L.S. 3,000 3,000 17 PEDESTRIAN LIGHTING SYSTEM 1 L.S. 90,000 90,000 18 TREE LIGHTING SYSTEM 1 L.S. 27,000 27,000 19 PROJECT TEMPORARY TRAFFIC CONTROL 1 L.S. 25,000 25,000 OTHER ITEMS 20 CEMENT CONC. SIDEWALK 1,350 S.Y. 35 47,000 21 CEMENT CONC. SIDEWALK RAMP 4 EACH 1,000 4,000 I 22 CEMENT CONC. DRIVEWAY ENTRANCE 300 S.Y. 45 14,000 23 SIGNPOST SOCKET 20 EACH 100 2,000 24 CONCRETE UNIT PAVERS 125 S.F. 80 10,000 25 MINOR CHANGES EST. F.A. 15,000 15,000 26 BID CONTINGENCY AT 10% Est. Est 38,800 38,800 ESTIMATE AMOUNT 5426,800 Total County City Share Street Segment Length Share y Martin Luther King Blvd. 350 350 0 1st Street 430 0 430 A Street 160 0 160 Total Length 940 350 590 Percentages 100% 37% 63% Total Cost Share $426,800 $158,915 $267,885 • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT I � Item No. For Meeting of June 7, 2011 ITEM TITLE: Consideration of a Resolution authorizing the City Manager to execute an Interlocal Agreement with Yakima County for streetscape improvements SUBMITTED BY: Joan Davenport, Acting Community and Economic Development Director Chris Waarvick, Public Works Director Doug Mayo, PE, City Engineer CONTACT PERSON/TELEPHONE: Doug Mayo, PE, City Engineer (576 -6678) SUMMARY EXPLANATION: Yakima County Public Services Director Vern Redifer presented the Council Intergovernmental Committee with information about the pending remodel of the Yakima County Courthouse. Included in the County project is a need to rebuild the sidewalk along Martin Luther King, Jr., Blvd. Yakima County suggested that although it is not necessary for the building remodel, the City may want to financially participate in the improvement of sidewalks, pedestrian lighting and streetscape features along two frontages: East "A" Street near First Street and North First Street between "A" Street and Martin Luther King, Jr., Blvd. (160 linear feet total). The estimate for this portion of improvements is $267,885. Discussions in the Council Economic Development Committee lead to consideration of options proposing to fund this portion of the project from REET funds. This includes starting the payback in 2013 and carrying a five -year payback with zero interest. Annual payments would be approximately $53,600. The Intergovernmental Committee endorsed the recommendation of the Economic Development Committee to move this item to the full Council. Resolution X Ordinance Contract Other (Specify) Funding Source HOME APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve attached Resolution BOARD /COMMISSION RECOMMENDATION: Council Economic Development and Intergovernmental Committees recommend participation in the streetscape improvement as described in the Morals /Davenport memo dated May 3, 2011. COUNCIL ACTION: III 11 IEMORAND UM TO: Honorable Mayor Cawley and Members of the City Council Dick Zais, City Manager FROM: Michael Morales, Acting Assistant City Manager Joan Davenport, Acting Director of Community & Economic Dev. DATE: May 3, 2011 SUBJ: Recommendation from City Council Economic Development Committee and Intergovernmental Committee regarding Yakima County Request to Participate in Streetscape Improvement In February of 2011, Yakima County Public Services Director Vern Redifer presented the City Intergovernmental Committee with an information item that the County will soon begin a major remodel of the Courthouse to include various security, energy and safety components. Included in this County project is the need to rebuild the sidewalk along Martin Luther King Jr. Boulevard. The County requested consideration by the City participation in the improvement of the adjacent sidewalk located on North 1 Street. possible Although not necessary for the Courthouse remodel project, the County suggested that this may be a good time to improve the North 1st Street sidewalk. The cost estimate for the City contribution to improve the sidewalk and related streetscape features (such as street lighting, trees, etc) on North 1s Street between "A" Street and MLK Jr. Blvd; and approximately 160 linear feet of "A" Street is estimated at $267,885. This project was presented to the City Economic Development Committee on April 12, 2011 including a.financial memorandum and background data on REET1, REET2 and Gas Tax Revenues (see attached) to consider potential funding options. The Economic Development Committee recommended the City support the project, and negotiate a five -year payback process. City Manager Zais was directed to present this recommendation to the Intergovernmental Committee to work out details. On April 12, 2011 the City Intergovernmental Committee reviewed the recommendation of fhe Economic Development Committee. The recommendation included a 5 -year repayment option of the $267,885, beginning in 2013 with zero interest. The City contribution is expected to come from REET funds and will be a continuation of the repayment project the City is currently paying for the North 2 Street sidewalk project. Annual payments will be approximately $53,600. The City Intergovernmental Committee endorsed the recommendation and additional details of this project and moved to forward this proposal to the full City Council. • Yakima City Council and' Yakima'Cqunty Comr iissioners Intergovernmental Committee Meeting Tuesday, April 12, 2011 Yakima City Council present: Chair Rick Ensey, Kathy Coffey, Dave Ettl County Commissioners present: Mike Leita City staff: Dick Zais, Michael Morales, Jeff Cutter, Joan Davenport, Scott Schafer County staff: Terry Austin, Vern Redifer, Steven Erickson, Terry Keenhan Update on Ahtanum & Wide Hollow Comprehensive Flood Hazard Management Plan (CFHMP) Process: Terry Keenhan explained that the CFHMP is a concern to the city because of expansion into floodplain areas. The Wide Hollow plan is currently under review. He expects to see the Ahtanum plan in about six months. He reported some of the details and potential solutions included in the plan, including the potential to re -route streams. He expects a 90 -day appeal process to begin at the end of April for the Wide Hollow plan. The timeline following the appeal is for communities to adopt the plan within six months with the plan becoming final twelve months after adoption. Keenhan noted that the Flood Control District's role is to look for project funding. He pointed out several new "tools" in the plan that will help with a variety of planning issues. The City Council will be asked to adopt the plan sometime within the next several months. Interlocal Agreement: Commissioner Leita reminded that there are just a couple of issues to be resolved to complete the ILA. Dick Zais said city and county staffs need a little more time with it and then will put it back in the hands of the Committee. County Streetscape: Zais reported that the solution forwarded from the Council Economic Development Committee for consideration by the Intergovernmental Committee was to participate in the project with a five year, zero interest loan with payback beginning in 2013. Zais said he had spoken to Leita earlier and Leita thought it would work but he needs to confirm with the BOCC. Councilmember Coffey asked about plans for a new loading zone and if the City would be compensated for the parking spaces. Vern Redifer said the plan does not include additional spaces; just moving the existing MLK loading zone farther east. Also, the latest estimate from the County would charge the City an additional $27,000 for the parking to be gained on North First Street. The current estimate for the City is $267,900 and $159,000 for the County. The term will be five years at zero interest with a payback beginning in 2013. The Councilmembers moved to forward the project to the full Council with a recommendation to approve. East — West Connector / 1 -82 Access: Redifer reported that staff met with DOT 'and has come up with what he regards as achievable alternatives. The next step will be for the engineers and planners to create a preferred alternative for discussion with the Federal Highway Administration (FHWA). He estimates the plan will be ready to go to FHWA by the end of the year. He complimented Don Whitehouse and his staff at DOT on their work. Interlocal Agreement on Stormwater: Yakima County proposed an extension of the stormwater ILA that is set to . expire in February 2012. The extension will be in place until the stormwater permit is issued, at which time a new ILA will be drafted. The stormwater permit process has been delayed for at least six months. The matter will go to the full Council on April 19. 0 4 -Party Agreement: . Jeff reported that all willing parties have executed the 4 -Party Tolling Agreement. A meeting will be organized within the next few weeks to initiate the process of updating the 4 -Party Agreement. Discussion regarding Intergovernmental Committee Sub - committees: Leita led a discussion regarding the potential formation of sub - committees to consider some of the items on the IG Committee work program, including DIDs, airport issues, the East — West Corridor, the 4 -Party Agreement and possibly other matters. Work on the ILA on GMA would stay with the main Committee. He suggested that the IG Committee would oversee the sub - committees to which Al other electeds and staff could be assigned. Councilmembers will discuss the proposal with the full Council on April 19. Leita would like to discuss the candidates for the sub - committees at the April 26 IG meeting. He anticipates that work on the ILA on GMA will be complete by the end of 2011, and the Committee could then focus on incentive corridors, infrastructure, economic development and so on. The next meeting of the Intergovernmental Committee will be April 26. • Approved by: , Rick Ensey, Chair Date • A. • Yakima City Council Committee Meeting Minutes 411) Council Economic Develo ment Committee p C Wednesday, April 6, 2011 2:30 p.m. Council Members Maureen Adkison, David Edler, Bill Lover Staff: Dick Zais, Michael Morales, Chris Waarvick, Joan Davenport, Greg Copeland, Cynthia Martinez, Cindy Epperson, Tara Lewis, Scott Schafer, David Schneider, Max Linden, Pete Hobbs, Maria Mayhue, Guests: Rich Austin, Luz Gutierrez, Jamie Stickel, Jamie Lee Stickel - Hot Shots request for approval of small banner replacement: The banner design has not been completed. Rich Austin will report back to the Committee when the design is ready. Request for License Agreement — Smoke Out Choke Out: Joan Davenport reported that the organizers of the Smoke Out Choke. Out event have requested a license agreement. The Committee gave approval to take the agreement to the full Council when it is complete. WWTP Industrial Waste Bio- Reactor: Scott Schafer and David Schneider explained their research regarding the potential installation of a bio- reactor at the WWTP. The new process would allow more efficient treatment of food waste and other industrial waste; increasing capacity at the plant and reducing energy requirements and costs. Extension of an industrial waste line is also expected to attract business. The estimated timeline for the project would extend the line in phases and install the reactor in 2013. Restoring capacity in this manner would allow the plant to defer more expensive and less efficient expansion projects. The Committee took no action but is looking forward to progress updates. Automated Parking Infraction System: Chris Waarvick reported on an opportunity to replace the city's parking infraction management system with a new, more efficient digital management system. Cost to replace the system is estimated at $15,000, including $5,000 in one time expenses and approximately $10,000 in annual costs. The Finance Department reported that the Parking Fund has sufficient resources to cover the initial cost. Waarvick suggested raising the parking fees perhaps even on a temporary basis could help cover the cost of the upgrade. Lover expressed a concern that high fees could keep people away from the downtown. Jamie Stickel of the Committee for Downtown Yakima (CDY) said the goal is not to raise revenue by writing tickets but to encourage turn over. Councilmember Edler moved to forward both a sole source procurement action and an increase of the fee for parking citations (to $25.00) to the full Council. The motion was unanimously approved. On Street Parking Citation Authority: The concept was brought to the Committee to discuss a memo from .Senior Assistant City Attorney Cynthia Martinez regarding privatization of on- street parking enforcement in the downtown area. Waarvick said the 0 matter has . gone through significant discussion at CDY and . with the Parking Commission but is not yet ready for action by the Council. Stickel said turn over and 1 availability of parking in the downtown area is crucial to the success of the downtown revitalization. Martinez characterized the privatization as a gray area since the RCW is silent on the matter. She said she imagines the privatization would be very limited in scope, such as contracting out the ticketing for "over the time limit" parking. Councilmember Edler said he asked for the matter to come to this Committee because of a request from CDY and he agreed it seems to be related to economic development. Waarvick said the next step would be to use the data to create a plan. Councilmember Adkison asked to have the plan come back to the Committee when it is ready for review. Capital funding options for County sidewalks: Dick Zais reviewed a memorandum and REET 1, REET 2 and gas tax spreadsheets in regard to funding options for the _ proposed Courthouse block sidewalk project. The Committee supported the project and recommended that a plan be negotiated for a five -year payback starting in 2013. Zais will work through the details with the Intergovernmental Committee. Mill District update: Michael Morales reported that seven firms were invited to submit a statement of qualifications for infrastructure design. A pre - submittal conference was held at the end of March. -4 • The next meeting of the Council Economic Development Committee will be Wednesday, May 4, 2011. Maureen Adkison, Chair Date • 4. 0 .