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10/16/2012 13 East-West Corridor Road Design and Development Supplemental Agreement with Yakima County , f,t, - . 4 r 1 k.;:,-) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 3 For Meeting of: October 16, 2012 ITEM TITLE: Resolution approving a Supplemental Interlocal Agreement between the City and Yakima County intended to apportion the costs of work previously agreed upon between the City and County in Contract Number 2011 -66, relating to road design and development for an East -West Corridor. SUBMITTED BY: Jeff Cutter, City Attorney CONTACT Jeff Cutter /575 -6030 PERSON /TELEPHONE: SUMMARY EXPLANATION: The City and Yakima County previously entered into an Interlocal Agreement identified as City Contract Number 2011 -66 for the joint planning and development of an arterial corridor known as the East -West Corridor. The Agreement provided that the allocation of costs for the work on the East -West Corridor between the City and County would be determined in a future supplemental agreement. The terms of the cost allocation between the City and the County have now been determined and are provided in the attached and incorporated Supplemental Interlocal Agreement. The City Council finds that it is in the best interest of the City and toward the furtherance of the project for the City to approve the attached Supplemental Interlocal Agreement for the purpose of defining the allocation of project costs. Resolution X Ordinance Other (specify) Contract: X Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Phone: Source: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download - C] Resolution- East -West Corridor Supplemental Interlocal Agreement 10 -2012 ❑ Yakima City & County Interlocal Funding Agreement Re East -West Corridor Cascade Mill District Redevelop Project RESOLUTION NO. R -2012- A RESOLUTION approving a Supplemental Inter local Agreement between the City and Yakima County intended to apportion the costs of work previously agreed upon between the City and County in Contract Number 2011 -66, relating to road design and development for an East -West Corridor. WHEREAS, the City and Yakima County previously entered into an Interlocal Agreement identified as City Contract Number 2011 -66 for the joint planning and development of an arterial corridor known as the East -West Corridor; and WHEREAS, the previous Agreement specified certain tasks related to the design and development process and the coordination of work with the Consultant Team hired to provide professional services on the City and County's behalf, to produce an Interchange Justification Report together with the first phase of the East - West Corridor from north first street to Butterfield Road; and WHEREAS, the Interlocal Agreement also provided that the allocation of costs for the work on the East -West Corridor between. the City and County would be determined in a future supplemental agreement; and WHEREAS, the terms of the cost allocation between the City and the County have been determined and are provided in the attached and incorporated Supplemental Interlocal Agreement; and WHEREAS, the City Council finds that it is in the best interest of the City and toward the furtherance of the project for the City to approve the attached Supplemental Interlocal Agreement for the purpose of defining the allocation of project costs; 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 Supplemental Interlocal Agreement providing for the allocation of costs for the East -West Corridor project between the City and the County as set forth therein. ADOPTED BY THE CITY COUNCIL this 16 day of October, 2012. ATTEST: Micah Cawley, Mayor City Clerk SUPPLEMENT #1 TO INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY AND THE CITY OF YAKIMA REGARDING THE DEVELOPMENT OF IMPROVEMENTS KNOWN AS THE EAST — WEST CORRIDOR / CASCADE MILL DISTRICT REDEVELOPMENT PROJECT This Supplemental Interlocal Agreement is entered into by and between Yakima County, hereinafter referred to as the "County" and the City of Yakima, hereinafter referred to as the "City" for the purpose of apportioning the Costs for the work agreed to in the Interlocal Agreement identified as City Contract #2011 -66 and County Contract #408 -2011. WHEREAS, the City and the County have entered into an Interlocal Agreement to jointly undertake planning and development of an arterial corridor known as the East -West Corridor and more specifically identifying that the County would negotiate with the Consultant Team lead by H.W. Lochner ( "Consultant ") for the work on the Interchange Justification Report and the first phase of the East -West Corridor; 1s Street to Butterfield Road; and, WHEREAS, said Interlocal Agreement identified that the apportionment of the Costs for the completion of the work identified in said agreement will be determined at a future time, and agreed to as a supplement to said Agreement; and, WHEREAS, under RCW Chapter 39.34, the parties are each authorized to ether into an interlocal agreement, NOW THEREFORE, it is agreed by the parties as follows: 1. The City shall be solely responsible for all costs related to the Fair Avenue Extension (now known as Cascade Mill Parkway) under the City's contract with the Consultant as defined in Paragraph 5 of the above referenced Interlocal Agreement; 2. The County and the City shall share in the costs incurred by the County under the County's contract with the Consultant for the Interchange Justification Report and the East — West Corridor elements of the work as defined under Paragraph 4 of the above referenced Interlocal Agreement, including the Consultant's Project Management costs, in the proportions set forth below: a. The County and the City will apportion the cost of the Interchange Justification Report equally. The maximum amount payable to the Consultant is $1,217,523. Each Party will be responsible for one -half of the amounts payable to the Consultant, or $608,761 each. b. The County and the City will apportion the cost of the East — West Corridor in the proportions of 70% of the Consultant cost by the County and 30% of the Consultant cost by the City. The maximum amount payable to the Consultant is $1,573,780. The County's maximum amount shall be $1,101,646, and the City's maximum amount shall be $472,134. c. The County and the City will apportion the Project Management costs payable to the Consultant in the proportions of 61% of the cost payable by the County and 39% payable by the City. The maximum amount payable under the Consultant Agreement is $260,217. The County's maximum amount shall be $158,732, and the City's maximum amount shall be $101,485 d. The total amounts apportioned in a. and b. above are: County - $1,869,140 and City — $1,182,380. 3. The County Agrees to pay all monies due to the Consultant under the terms of Consultant Agreement out of the County Road Fund. The County shall submit a request for reimbursement to the City, at least on a monthly basis, with the appropriate documentation of the costs payable to the Consultant for the work described in a. thru c. above. The City agrees to remit payment to the County within 30 days of receipt of the request for reimbursement. 4. The County agrees that it will not enter into any supplemental agreement with the Consultant for additional work that will be paid for by the City under the terms of this Agreement without written concurrence from the City. Any supplemental work that will be paid for solely by the County shall not require concurrence from the City. 5. The City and County agree that the terms of this supplemental agreement shall be retroactive to the date of the County's Notice to Proceed to the Consultant, or September 28, 2011. 6. Either the City or the County may terminate this Agreement by giving Sixty (60) days written notice to the other party. If the contract is terminated the City will compensate the County for that portion of the work performed by the Consultant up to the date of Termination. CITY OF YAKIMA BOARD OF COUNTY COMMISSIONERS City Manager J. Rand Elliott, Chairman Approved as to form: Michael D. Leita, Commissioner City Attorney Kevin J. Bouchey, Commissioner Constituting the Board of County Commissioners for Yakima County, Washington Attest: ATTEST: Tiera Girard, Clerk of the Board City Clerk Approved as to form: City Contract No. Resolution No.