HomeMy WebLinkAboutR-2009-122 Phase 2 Traffic Analysis Contract with the Yakima Valley Conference of GovernmentsRESOLUTION NO. R-2009-122
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a
contract with the Yakima Valley Conference of Governments to manage and
perform the Phase 2 Traffic Analysis related to improvements to the 1-82 and U.S.
12 State Highway System in the vicinity of the "Yakima Resources Development
District" including traffic demands in an amount not to exceed $51,000,
WHEREAS, the City of Yakima ("City") has determined that it needs to secure assistance in
addition to normal Yakima Valley Conference of Governments ("Conference") activities; and
WHEREAS, the City is desirous of contracting with the Conference for certain technical
planning assistance; and
WHEREAS, the Conference possesses the technical planning staff with the necessary
expertise to carry out the Phase 2 Traffic Analysis related to improvements to the 1-82 and U.S. 12
State Highway System, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is herby authorized and directed to execute a contract
with the Conference tomanage and perform the Phase 2 Traffic Analysis related to improvements to
the 1-82 and U.S. 12 State Highway System in the vicinity of the "Yakima Resources Development
District" including traffic demands in an amount not to exceed $51,000.
ADOPTED BY THE CITY COUNCIL this day of September, 2009.
ATTEST:
David Ed e , Mayor
CITY OF YAKIMA — CONFERENCE OF GOVERNMENTS
TECHNICAL ASSISTANCE CONTRACT NO. 072009 YK
THIS CONTRACT, entered into this 16thday of September , 2009, by and
between the Yakima Valley Conference of Governments, a regional association having its
territorial limits within Yakima County, State of Washington (hereinafter called the
"Conference"), acting herein by John Hodkinson, Conference Chair, acting hereunto duly
authorized, and the City of Yakima, a municipal corporation, located within Yakima County,
State of Washington (hereinafter called the "City"), acting herein by, R.A. Zais, Jr., City
Manager, hereunto duly authorized
WHEREAS, the City has determined that a need exists to secure assistance in addition
to normal Conference activities; and,
WHEREAS, the City is desirous of contracting with the Conference for certain technical
planning assistance, and,
WHEREAS, the Conference possesses the technical planning staff with the necessary
expertise, or will contract with others to provide the required services
NOW THEREFORE, the parties do mutually agree as follows
1. Scope of Services. The Conference agrees to perform, or oversee the performance by
contract services, the work shown in Exhibit "B" Description of Work, attached and incorporated
by this. reference
2. Time of Performance The services provided by the Conference pursuant to this
Contract shall commence on August 1, 2009 and shall end on May 31, 2010
3. Access to Information It is agreed that all information, data, reports, records and
maps as are available and for conducting the work outlined above shall be furnished to the
Conference by the City No charge shall be made to the Conference for such information, and
the City will cooperate with the Conference to facilitate the performance of the work described in
this Contract.
4. Compensation, Consideration and Method of Payment. The maximum amount of
compensation and reimbursement to be paid by the City hereunder shall not exceed fifty-one
thousand dollars ($51,000 00) for services required by this Contract. The city agrees to provide
the Conference assurances that the City's proportionate share of the non-federal matching
funds identified in Exhibit "A", attached and incorporated by this reference, are from an eligible,
non-federal source of funds
5. Invoicing The Conference shall submit monthly billings to the City for payment based
upon work completed for the City. Billing for work shall be based upon actual expenses
incurred The detailed budget and work program attached will provide an estimate of those
expenses However, amounts may be shifted between various line items to cover costs
incurred The final invoice shall be submitted within thirty (30) days after the ending date of the
contract
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City of Yakima — Conference of Governments
Technical Assistance contract No 072009 YK
6. Information Provided by the City The Conference shall provide guidance to the City
in determining the data required for purposes of the contemplated services. The City agrees to
use reasonable efforts to provide data and information specifically requested by the Conference
as provided in Section 3
7. Status of Conference The Conference and the City understand and expressly agree
that the Conference is an independent contractor in the performance of each and every part of
this Contract. No officer, employee, volunteer, and/or agent of Conference shall act on behalf of
or represent him or herself as an agent or representative of the City The Conference, as an
independent contractor, assumes the entire responsibility for carrying out and accomplishing the
services required under this Contract. The Conference expressly represents, warrants and
agrees that its status as an independent contractor in the performance of the work and services
required under this Contract is consistent with and meets the six -part independent contractor
test set forth in RCW 51 08 195. The Conference and its officers, employees, volunteers,
agents and/or subcontractors shall not make any claim of City employment nor shall make any
claim against the City for any related employment benefits, social security and/or retirement
benefits Nothing contained herein shall be interpreted as creating a relationship of servant,
employee, partnership or agency between the Conference and the City
8. Inspection and Audit. The Conference shall maintain books, accounts, records,
documents and other evidence pertaining to the costs and expenses allowable and
consideration paid under this Contract in accordance with generally accepted accounting
practices All such books of account and records required to be maintained by this Contract
shall be subject to inspection and audit by representatives of the City and/or the Washington
State Auditor at all reasonable times, and the Conference shall afford the proper facilities for
such inspection and audit Such books of account and records may be copied by
representatives of the City and/or the Washington State Auditor where necessary to conduct or
document an audit. The Conference shall preserve and make available all such books of
account and records for a period of ten (10) years after final payment under this Contract.
9. Taxes and Assessments. The Conference shall be solely responsible for
compensating, his employees, agents and/or sub -contractors and for paying all related taxes,
deductions, and assessments, including but not limited to federal income tax, FICA, social
security tax, assessments for unemployment and industrial injury, and other deductions from
income which may be required by law or assessed against either party as a result of this
Contract. In the event the City is assessed a tax or assessment as a result of this Contract, the
Conference shall pay the same before it becomes due
10. Nondiscrimination Provision. During the performance of this Contract, the
Conference shall not discriminate on the basis of race, age, color, sex, religion, national origin,
creed, marital status, political affiliation, or the presence of any sensory, mental or physical
handicap. This provision shall include but not be limited to the following employment,
upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or
other forms of compensation, selection for training and the provision of services under this
Contract.
11. The Americans with Disabilities Act. The Conference shall comply with the
Americans with Disabilities Act of 1990, 42 U S C § 12101 et seq (ADA) and its implementing
regulations and Washington State's anti -discrimination law as contained in RCW Chapter 49 60
and its implementing regulations with regard to the activities and services provided pursuant to
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City of Yakima — Conference of Governments
Technical Assistance contract No 072009 YK
this Contract The ADA provides comprehensive civil rights to individuals with disabilities in the
area of employment, public accommodations, public transportation, state and local government
services and telecommunications
12. Compliance with Law. The Conference agrees to perform those services under and
pursuant to this Contract in full compliance with any and all applicable laws, rules, and
regulations adopted or promulgated by any governmental agency or regulatory body, whether
federal, state, local or otherwise
13. No Conflict of Interest. The Conference covenants that it does not have any interest
and shall not hereafter acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of this Contract. The Conference further covenants that
it will not hire anyone or any entity having such a conflict of interest during the performance of
this Contract.
14. No Insurance. It is understood the City does not maintain liability insurance for the
Conference and its officers, directors, employees and agents
15. Indemnification.
A. The Conference agrees to hold harmless, indemnify and defend the City, its
elected officials, officers, employees and agents from and against any and all suits, actions,
claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees)
which result from or arise out of the negligence of the Conference, its officers, agents,
employees or subcontractors in connection with or incidental to the performance or non-
performance of this Contract except for injuries and damages caused by the sole negligence of
the City
B. In the event that both the Conference and the City are negligent, each party shall
be liable for its contributory share of negligence for any resulting suits, actions, claims, liability,
damages, judgments, costs and expenses (including reasonable attorney's fees)
C The foregoing indemnity is specifically and expressly intended to constitute a
waiver of the Conference's immunity under Washington's Industrial Insurance Act, RCW Title
51, as respects the other party only, and only to the extent necessary to provide the indemnified
party with a full and complete indemnity of claims made by the Conference's employees The
parties acknowledge that these provisions were specifically negotiated and agreed upon by
them
D. Nothing contained in this Section or this Contract shall be construed to create a
liability or a right of indemnification in any third party
E This Section of the Contract shall survive the term or expiration of this Contract and
shall be binding on the parties to this Contract.
16. Insurance Provided by Conference.
A. Professional Liability Insurance. On or before the date this Contract is fully
executed by the parties, the Conference shall provide the City with an evidence of coverage
letter as proof of professional liability coverage with a limit of at least One Million Dollars
($1,000,000 00) for each wrongful act and an annual aggregate limit of at least Two Million
Dollars ($2,000,000 00) The evidence of coverage letter shall clearly state who the provider is,
the amount of coverage, the policy number and when the policy and provisions provided are in
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City of Yakima — Conference of Governments
Technical Assistance contract No 072009 YK
effect Insurance coverage with a self insured risk pool is acceptable to the City If the policy is
on a claims made basis, the retroactive date of the insurance policy shall be on or before the
date this contract is executed by both parties hereto, or shall provide full prior acts coverage
The insurance coverage shall remain in effect during the term of this Contract and for a
minimum of three (3) years following the termination of this Contract.
B Commercial Liability Insurance On or before the date this Contract is fully
executed by the parties, the Conference shall provide the City with an evidence of coverage
letter as proof of commercial liability insurance with a minimum liability limit of One Million
Dollars ($1,000,000 00) per occurrence/aggregate limit bodily injury and property damage,
which includes contractual liability coverage The evidence of coverage letter shall clearly state
who the provider is, the amount of coverage, the policy number and when the policy and
provisions provided are in effect. Said policy shall be in effect for the duration of this Contract.
The policy shall contain a clause that the insurer will not cancel or reduce in limits the insurance
without first giving the City thirty (30) calendar days prior written notice Insurance coverage with
a self insured risk pool is acceptable to the City
C Commercial Automobile Liability Insurance On or before the date this Contract is
fully executed by the parties, the Conference shall provide the City with an evidence of
coverage letter as proof of commercial automobile liability insurance with a minimum liability
limit of One Million Dollars ($1,000,000 00) per occurrence/aggregate limit bodily injury and
property damage, which includes contractual liability coverage The evidence of coverage letter
shall clearly state who the provider is, the amount of coverage, the policy number and when the
policy and provisions provided are in effect. Said policy shall be in effect for the duration of this
Contract the policy shall contain a clause that the insurer will not cancel or reduce in limits the
insurance without first giving the City thirty (30) calendar days' prior written notice Insurance
coverage with a self insured risk pool is acceptable to the City
D The following wording will be added to the evidence of coverage letter(s) for both
the professional liability and commercial general liability. "WC!A provides general liability and
professional liability coverage to the Conference, which includes contractual liability coverage
This coverage provides that WCIA shall pay on behalf of the Conference, all sums which the
Conference shall be obligated to pay by reason of liability assumed under contract between the
Conference and the City, subject to the terms, limitations and conditions of the coverage
document "
E Insurance Provided by Sub -Contractors. The Conference shall ensure that all sub-
contractors it utilizes for work/services required under this Contract shall comply with all of the
above insurance requirements
17. Delegation of Professional Services. The services provided for herein shall be
performed by the Conference and no person other than regular associates or employees of the
Conference shall be engaged upon such work or services except upon written approval of the
City
18. Assignment. This Contract, or any interest herein or claim hereunder, shall not be
assigned or transferred in whole or in part by the Conference to any other person or entity
without the prior written consent of the City In the event that such prior written consent to an
assignment is granted, then the assignee shall assume all duties, obligations and liabilities of
the Conference stated herein
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City of Yakima — Conference of Governments
Technical Assistance contract No. 072009 YK
19. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto
of any covenant or condition of this Contract shall not impair the right of the party not in default
to avail itself of any subsequent breach thereof Leniency, delay or failure of either party to
insist upon strict performance of any agreement, covenant or condition of this Contract, or to
exercise any right herein given in any one or more instances, shall not be construed as a waiver
or relinquishment of any such agreement, covenant, condition or right
20. Termination
A. Termination of Contract for Cause. If, through any cause, the City or the
Conference shall fail to fulfill in a timely and proper manner the obligations contained within this
contract by giving at least fifteen (15) days before the effective of such termination, written
notice to the other of such termination specifying the effective date thereof
B Termination for Convenience Either the City or the Conference may effect
termination of this Contract upon thirty (30) days written notice by either party to the other party.
If the contract is terminated the City will compensate the Conference for that portion of services
extended unto the City
21. Modification. The terms of this Contract may be changed or modified only by mutual
agreement of the City and the Conference in the form of written amendments to this contract.
22. Severability. If any portion of this Contract is changed per mutual agreement or any
portion is held invalid, the remainder of the Contract shall remain in full force and effect.
23. Notices Unless stated otherwise herein, all notices and demands shall be in writing
and sent or hand delivered to the parties to their addresses as follows'
TO CITY.
Richard A. Zais, Jr
City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
TO CONFERENCE' John Hodkinson
Conference Chair
Conference of Governments
311 N 4th Street, Suite 202
Yakima, Washington 98901
or to such other addresses as the parties may hereafter designate in writing Notices and/or
demands shall be sent by registered or certified mail, postage prepaid or hand delivered Such
notices shall be deemed effective when mailed or hand delivered at the addresses specified
above
24. Third Parties The City and the Conference are the only parties to this Contract and are
the only parties entitled to enforce its terms Nothing in this Contract gives, is intended to give,
or shall be construed to give or provide any right or benefit, whether directly or indirectly or
otherwise, to third persons
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City of Yakima — Conference of Governments
Technical Assistance contract No. 072009 YK
25. Drafting of Contract. Both the City and the Conference have participated in the
drafting of this Contract. As such, it is agreed by the parties that the general contract rule of law
that ambiguities within a contract shall be construed against the drafter of a contract shall have
no application to any legal proceeding, arbitration and/or action in which this Contract and its
terms and conditions are interpreted and/or enforced
26. Integration This written document and the attachments constitute the entire Contract
between the City and the Conference There are no other oral or written agreements between
the parties as to the subjects covered herein No changes or additions to this Contract shall be
valid or binding upon either party unless such change or addition be in writing and executed by
both parties
27. Governing Law This Contract shall be governed by and construed in accordance with
the laws of the State of Washington
28. Venue The venue for any action to enforce or interpret this Contract shall lie in the
Superior Court of Washington for Yakima County, Washington
29. Counterparts. This Contract may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same Contract
CITY OF YAKIMA
R A. Zais, Jr ty Manager
Date 9/43A 9
CITY CONTRAC f NO:dDQ 9 _ J�
RESOLUTION NO
CONFERENCE OF GOVERNMENTS
By
John Hodkinson, Confer
Chair
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City of Yakima — Conference of Governments
Technical Assistance contract No 072009 YK
Task
Phase 2 Traffic Analysis for Yakima Development District
Cost Estimate and Participation
Exhibit A
Estimated Cost
Project Management
Traffic Engineering
Traffic Documentation
Synchro License
Total Estimated Cost
$ 20,000 00
$112,000 00
$ 28,000 00
$ 1,000 00
$161,000 00
Participation
Amor.
Proportionate
share of non-
fed match
MINIMUM amount
required to be from
eligible, non-federal
WSDOT
$ 10,000.
12.3% 1
$ 1,54143
Yakima County
$ 10,000 00
12 3%
1 $ 1,541 43
Developer
$ 10,000 00
12 3%
$ 1,541 43
YVCOG2
$ 80,000 00
$ -
City of Yakima
$ 51,000 00
63 0%
$ 7,861 27
Total
$161,000.00
100 0%
, $ 12,485.55
Notes -
1. YVCOG will contract for modeling services separately Estimated modeling costs, in
addition to and outside of this agreement are approximately $25,000
2 Source of YVCOG funds is federal (FHWA) PL funds for Metropolitan Planning. These
funds require a minimum 13 5% non-federal match
3. This figure represents the MINIMUM amount of non-federal funds to be counted as match
for -the PL funds from each of the participating agencies based on their proportionate
, share A participating agency may exceed this minimum amount using eligible, non-federal
funds in their payments to YVCOG
4 This figure represents the minimum amount to meet the 13.5% required match for
$80,000 in federal PL grant funds
Page 7 of 13
City of Yakima — Conference of Governments
Technical Assistance contract No. 072009 YK
Phase 2 Traffic Analysis for Yakima Development District
EXHIBIT B - DESCRIPTION OF WORK
Project Overview
The scope of this project is to manage and perform the Phase 2 Traffic Analysis related to the (1)
impacts and need for improvements to the 1-82 and US 12 State Highway System in the vicinity of
the "Yakima Resources Development District", (2) impacts and need for improvements in the
existing local street system of the City of Yakima and Yakima County; (3) The need for additional
mitigation measures that may be necessary to provide acceptable Level of Service in a Phased
Development Approach to the Sawmill Development Site This analysis will expand on the traffic
analysis done for the Yakima Development District in July 2008 by JUB This project will take a
more detailed look at the current and future traffic demands within and outside of the Development
District. Not only will local (City and County) needs be analyzed, but the impacts to 1-82 and US 12
also The analysis will be done with the support and involvement of the City of Yakima, Yakima
Valley Conference of Governments, Yakima County, the Developer, WSDOT, and FHWA.
The intent of this analysis is to determine the traffic improvements needed to the local system and
state transportation system due to development and changes in land use.'The City of Yakima will
utilize this analysis to support the foundation of traffic impact findings of a Planned Action, Phased
Development EIS. An Interchange Justification Report (IJR) will not be done, but this traffic
analysis can become part of an IJR, if and when one is required. Any assumptions used will be
approved by FHWA. The following summary explains the work that WSDOT will perform for this
project.
Project Management
WSDOT will manage the Phase 2 Traffic Analysis task to ensure timely delivery of work products,
appropriate allocation of staff resources, performance of related quality assurance reviews, and
will provide monitoring of task budget and schedule. WSDOT will organize team coordination
meetings and provide reports related to the project tasks Reports will include bi-weekly email
updates, note/minutes of meetings, Traffic Assumptions Document, and Final Traffic Impact
Analysis report. This task includes strategic management of known risks throughout the project
with periodic client review, progress reporting to project management team, and establishing the
support team described below The task may include technical team meetings to coordinate work
projects and conducting internal reviews
Traffic Assumptions Document
Identify, obtain agreement on, and document all assumptions used in the Phase 2 Traffic Analysis
Create a "Traffic Assumptions Document" that will include FHWA involvement, identify preliminary
development phasing, and include any other assumptions necessary to obtain approval of the
Traffic Assumptions Document" by FHWA. If the Assumptions Document changes the base year
from 2010, all other analysis years will be adjusted accordingly
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City of Yakima — Conference of Governments
Technical Assistance contract No 072009 YK
Information provided by others
The Developer will provide information regarding how the development is proposed to look in
2020 2017, 2024, and 2030 Only minor changes will be allowed once analysis begins Yakima
County's consultant for the "Terrace Heights Corridor" will provide traffic numbers for the new
connector at the river crossing and the existing crossing over the Yakima River on Terrace
Heights Drive YVCOG will operate the Visum model to create the traffic volumes for the traffic
analysis
Traffic Analysis
Conduct an analysis comparing build to no -build for the current year (2010), 1/3 mid year
(20202017), 2/3 mid year (2024), and design year (2030), comparing no -build condition, and build
alternatives related to a Phased Development approach Two "Build" alternatives will be
analyzed The cordon area and intersections to be analyzed are identified on the attached maps
Work will include the following.
Analyzing current traffic volumes for regional and local transportation systems This will
be done by garnering information from the existing models, studies, and traffic counts.
No field work will be done
Count 12 intersections for turning movement counts (AM & PM peak) Determine trip
generation rates for phased development
Use YVCOG VISUM model to identify the changes to the traffic volumes on the local
and state systems (this will be the responsibility of the YVCOG)
Use traffic modeling, in conjunction with local knowledge, to identify improvements to
the local system, existing interchanges, interstate highways, park & ride lots, public
transportation, pedestrian/trail network, etc that are necessary for each phase of the
development.
Describe the operational and safety issues that are present for current year, 1/3 mid year, 2/3 mid
year, and design year.
Develop an operational analysis for the base year of 2010
Develop an operation analysis for 20102017, 2024, and 2030 for no -build and two
alternatives The land use changes will be identified in the "Yakima
Resources Redevelopment District" Planned Action EIS
Document operational analysis for the base year of 2010,
Document operational analysis for 2020 2017, 2024, and 2030 for no -build and two
alternatives
Perform an accident analysis for the most current three year period Analysis will
include
4 Type of Accidents
Severity of Accidents
Accident Rates and numbers
How each alternative will potentially effect the historical accident patterns
Contributing factors and conclusions
Document how the existing and two alternatives impact the operation of state and local
roadways and how they can be mitigated
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City of Yakima — Conference of Governments
Technical Assistance contract No 072009 YK
Prepare a layout displaying the following
Map of area, project study area, and project limits
Distances between intersection, ramps, and interchanges
Length of weaves (if any)
Design speeds
Grades
Truck volume percentages
c Adjustment factors
Lane configurations
Pedestrian/Trail access connections
Coordination
Work with the City of Yakima, Yakima Valley Conference of Governments, and Yakima County to
coordinate traffic mitigation measures with current and future plans Demonstrate appropriate
coordination between the development and the changes to the transportation system Show how
local and state improvements are coordinated and how the improvements work together Form a
team of stakeholders to develop a Traffic Assumptions Document for use in future IJR.
Land Use and Transportation Plans
Identify current and future land use and compatibility with current transportation plans Show how
current and future land use zoning affects travel demand Describe how current and future
transportation projects are compatible with the land use.
Reasonable Alternatives
Refine the alternatives from the July 2008 study done by JUB, and any from the county's "Terrace
Heights Corridor Study", to develop two reasonable alternatives for traffic analysis on the local
system and, if insufficient, the state system. Describe the two alternatives that have been
selected for analysis including the design options, locations, and operational improvements
Explain why reasonable alternatives were omitted or dismissed from further consideration (if any)
Committee Meetings
The steering committee will consist of.
Jim Mahugh, WSDOT
Bill Preston, WSDOT
Joan Davenport, City of Yakima
Michael Morales, City of Yakima
Kent McHenry, Yakima County
Page Scott, YVCOG
Organize and conduct meetings for the steering committee to set direction and review work to
date. Coordinate land use assumptions with the Planned Action EIS Conduct monthly update
meetings
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City of Yakima — Conference of Governments
Technical Assistance contract No 072009 YK
Compile Final Reports
Two final reports will be produced a Traffic Assumption Document and a Traffic Impact Analysis
The Traffic Assumptions Document will be approved by Steering Committee members, WSDOT
Access Office, and FHWA for use in a possible future IJR
Write a Traffic Impact Analysis which will summarize the traffic analysis conducted under this
scope of work and include recommendations for traffic mitigation The Traffic Impact Analysis can
be the groundwork for a Planned Action EIS
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City of Yakima — Conference of Governments
Technical Assistance contract No 072009 YK
Surnmitview Ave
1•
4.
' West Valley
W Nob MI Blvd
W Washington Ave
Ant anurn Rd
LEGEND
INTERSECTIONS TO BE ANALYZED
Q - SIGNAL
o - NO SIGNAL
21 SIGNAL
13 NO SIGNAL
•
•
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 10
For Meeting of September 1, 2009
Consideration of Resolution authorizing the City Manager to execute a
contract with the Yakima Valley Conference of Governments to manage
and perform the Phase 2 Traffic Analysis related to improvements to the
1-82 and U.S. 12 State Highway System in the vicinity of the "Yakima Mill
Development District" and Terrace Heights Way Corridor.
SUBMITTED BY: William Cook, Director CED
CONTACT PERSON/TELEPHONE: Doug: Mayo, City Engineer— 576-6678
SUMMARY EXPLANATION:
The City received a state Local Infrastructure Financing Tool (LIFT) award in September 2008
to finance infrastructure necessary for the redevelopment of the former Yakima Saw Mill Site. A
phase 1 traffic analysis was "performed as part of the LIFT application process. Since acquiring
the grant, it has become apparent that a more detailed traffic analysis (Phase 2) is required to
estimate the impacts that continued development at the mill site and in Terrace Heights will
have on the surrounding traffic systems. Several entities including WSDOT, Yakima County,
the Yakima Valley Conference of Government (YVCOG), the City of Yakima and the developer
have agreed to participate in this traffic analysis. The phase 2 traffic analysis will be performed
by WSDOT at a total cost of $161,000. The City has been asked to contribute $51,000 to the
project. The City share will come from a $26,000 SIED planning grant and $25,000 from the
Growth Management Fund.
Resolution X Ordinance Contract X Other (Specify)
Funding Source: SIED Planning Grant; Fund 140
APPROVED FOR SUBMITTAL: m f
City Manager
STAFF RECOMMENDATION: Approve resolution authorizing contract with YVCOG
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
eitt
ATTN: REAL ESTATE SERVICES
DEPARTMENT OF TRANSPORTATION
P O. BOX 12560
YAKIMA, WA 98909-2560
Document Title. Right of Entry Agreement
Reference Number of Related Document N/A
Grantor(s): State of Washington
Grantee(s): City of Yakima
Legal Description• part of SEI/4 of SE1/4 of Section 18, "f 13N R. 19E W M
Assessor's Tax Parcel Number: 19131999999
RIGHT OF ENTRY AGREEMENT
SR 82 MP 32.48 to MP 33.59 East Yakima Ave. Interchange
This Right of Entry Agreement ("Agreement") is made effective this day of 2°d day of
November 2009, between the WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION, Grantor and CITY OF YAKIMA, a municipal corporation of the State of
Washington, Grantee.
RECITALS
Grantor owns certain real property ("property") described below. Grantee wishes to gain
access to the property in connection with the Installation of a groundwater monitoring well
Grantor is willing to grant to the Grantee access to the property upon the terms and conditions of
this agreement and until such time as a monitoring well agreement is fully executed. The
property is described as follows
Tax Parcel No. 19131999999
Site Location just west of Southbound ramp of 1-82 at Gateway and off
of Lincoln Ave
Page 1 of 4 Pages IC#5-39-08826
And shown hachured on Exhibit "A" attached hereto and by this reference incorporated herein.
1. Term and Use
Grantor grants to Grantee a non-exclusive right of reasonable access to the property for the
purpose of constructing and operating a groundwater monitoring well. Grantee \viii not permit
any other party, except Grantee's duly authorized representatives, employees, agent and
independent contractors to enter or use the property. This agreement will be in effect from
November 2, 2009 until April 30, 2010.
2 Access
No access to the property shall be permitted from any part of 1-82 including entrance and exit
ramps. Both parties understand that access to this site shall be from Lincoln Ave.
3. Construction and Condition of Property
Any installation or construction on the property by the Grantee, authorized representatives,
employees, agent, and independent contractors will be accomplished in such a manner as to
minimize any disruption to the Grantor's operation and maintenance of the property. The
Grantee agrees to make every effort to minimize the impact on the State's property, and insures
that the premises will be returned to a condition that is similar to that which existed prior to the
commencement of the construction activities
4 indemnity
Grantee, its successors or assigns, will protect, save and hold harmless the Washington State
Department of "Transportation, its authorized agents and employees, against all claims, actions,
costs, damages or expenses of any nature whatsoever, to the extent arising by reason of the
negligent acts or omissions of Grantee, its assigns, agents, contractors, licensees, invitees,
employees arising out of or in connection with acts or activities authorized by this right of entry
Grantee, further agrees to defend the Washington State Department of Transportation, its agents
or employees in litigation to the extent arising out of the negligent acts or omissions of the
Grantee, in connection with acts or activities authorized by this right of entry This obligation
shall not include such claims, costs, damages or expenses, including payment of any costs or
attorney's fees resulting from any claim(s) or action(s) commenced, which may be caused by the
negligence of the Washington State Department of Transportation, its agents or employees,
Provided, that if the claim or damages are caused by or result from concurrent negligence of (a)
the Washington State Department of Transportation, its agents or employees and City of
Yakima, its agents or employees, and involves those actions covered by RCW 4 24.115, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the
Grantee, its agents or employees.
Page 2 of 4 Pages iC#5-39-08826
5. Governing Law/Captions.
The validity, meaning, and effect of this agreement shall be determined in accordance with the
laws of the State of Washington.
6. No Third Party Rights/Assignment.
Nothing in this agreement, express or implied, is intended to confer any rights or remedies upon
any person, other than the parties and their respective employees and representatives.
It is understood and agreed that this Agreement is hereby tendered and that the terms and
obligations hereof shall not become binding upon the State of Washington unless and until
accepted and approved hereon in writing by both parties signatory hereto.
7. Monitoring Well Agreement
Both parties understand that this right of entry shall remain in affect until the execution of a
Monitoring Well Agreement. Grantee shall be subject to all terms and conditions of the
Monitoring Well Agreement.
By:
. A. Zais
City of Yakima
Date:
Accepted and Approved
STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
By:''
Larry L. Hook
Real Estate Manager, South Central Region
Date: // — e` 2
STATE OF WASHINGTON )
: ss
County of Yakima )
Page 3 of 4 Pages IC#5-39-08826
On this ,,2n"i day of dopeink,R before me personally appeared
4-1-g&" LL to me known to be qualified of the City of Yakima,
Washington, that executed the within and foregoing instrument and acknowledged said
instrument to be the free and voluntary act and deed of said City, for the uses and purposes
therein mentioned, and each on oath stated that he was authorized to execute said
instrument.
GIVEN under my hand and official seal the day and year last above written.
—Notary Public in nd for the State of
WAshington, residing at j//� K //?!}
My commission expires r\3—/5 -/1)
STATE OF WASHINGTON
: ss
County of Yakima )
I. the undersigned, a Notary Public in and for the State of Washington, do hereby certify that
on this ,:7' day of , 20 cy , before me personally appeared
Larry L. Hook to nye known to be the duly appointed Real Estate Manager, South Central
Region, for the State of Washington, and that he executed the within and foregoing
instrument and acknowledged the said instrument to be the free and voluntary act and deed of
said State of Washington, for the uses and purposes therein set forth, and on oath stated that
he was authorized to execute said instrument.
GIVEN under my hand and official seal the day and year last above written.
Notary Public in and for the State of
Washington, residing at `' �• ,��
My commission expires ,3/ia
Page 4 of 4 Pages IC#5-39-08826
PROPERTY ACCESS AGREEMENT
ok
This Property Access Agreement ("Agreement") is made effective this '4. '- — day of
November, 2009, between the Yakima Greenway Foundation ("Property Owner"), Grantor and
the City of Yakima ("Investigator"), the Grantee.
The Property Owner owns certain real property commonly known as the Greenway Path
(near Frank Frederick Wayside), Yakima, Washington. The Investigator wishes to gain access
to the property in connection with the installation of a groundwater monitoring well. The
Property Owner is willing to grant the Investigator access to the property upon the terms and
conditions of this Agreement.
NOW THEREFORE, in consideration of the mutual covenants contained herein, it is
hereby agreed as follows:
1. Term and Use. The Property Owner grants to the Investigator a non-exclusive right of
reasonable access to the property for the purpose of constructing and operating a groundwater
monitoring well. The Investigator will not permit any other party, except the Investigator's duly
authorized representatives, employees, agents and independent contractors, to enter or use the
property. This Agreement will be in effect from the date of execution by the parties until
April 30, 2010
2. Grant of License. Subject to the terms and conditions of this Agreement, the Property
Owner hereby grants to the Investigator a license to enter the property for the purpose of
operating the groundwater monitoring well in Section 1 and for taking environmental samples.
The Investigator may be accompanied in these activities by authorized representatives of SLR
International Corporation and their subcontractors.
3. Construction and Condition of Property. Any installation or construction on the
property by the Investigator, authorized representatives, employees, agents and independent
contractors will be accomplished in such a manner as to minimize any disruption to the Property
Owners operation and maintenance of the property. The Investigator agrees to make every
effort to minimize the impact on the property and insure that the premises are returned to a
condition that is similar to that which existed prior to the commencement of the construction
activities.
4. Indemnity. The Investigator, its successors or assigns, will protect, save and hold
harmless the Yakima Greenway Foundation, its authorized agents and employees, against all
claims, actions, costs, damages or expenses of any nature whatsoever, to the extent arising by
reason of the negligent acts or omissions of the Investigator, its assigns, agents, contractors,
licensees, invitees or employees arising out of or in connection with acts or activities authorized
by this right of entry.
5. Governing Law and Venue. The validity, meaning and effect of this Agreement shall
be determined in accordance with the laws of the State of Washington. Venue for any action
arising under this Agreement shall be in the Superior Court of Yakima County.
6. No Third Party Rights. Nothing in this Agreement, express or implied, is intended to
confer any rights or remedies upon any person, other than the parties and their respective
employees and representatives.
Page 1
Prnnertv Annpss AnrPPment
r
It is understood and agreed that this Agreement is hereby tendered and that the terms and
obligations hereof shall not become binding upon the Yakima Greenway Foundation unless and
until accepted and approved herein in writing by both signatory parties
7. Limitations on Use.
A. Prior to each entry onto the property, the Investigator shall provide forty-eight (48) hours
notice to the Property Owner, arrange for access and, if requested by the Property Owner, allow
oversight of all on-site activities.
B If the well interferes with any improvements, construction or sale of the property, the
Investigator agrees to remove the well and leave the property as found.
CITY OF YAKIMA
By:
fv‘s
R. A. Zai ,� ity Manager
Date:
ATTEST:
YAKIMA GREENWAY FOUNDATION
AI rown, Executive Director
Date: Z NbdGwt°-- Oc-)01
PrnnPrtv ArrAss AnreAmAnt
Page 2
PROPERTY ACCESS AGREEMENT
This Property Access Agreement ("Agreement") is made effective this _Sdayof
November, 2009, between Yakima County ("Property Owner"), Grantor, and the City of Yakima
("Investigator"), Grantee.
The Property Owner owns certain real property near Sunset Rotary Park. The
Investigator wishes to gain access to the property in connection with the installation of a
groundwater monitoring well. The Property Owner is willing to grant the Investigator access to
the property upon the terms and conditions of this Agreement.
NOW THEREFORE, in consideration of the mutual covenants contained herein, it is
hereby agreed as follows:
1. Term and Use. The Property Owner grants to the Investigator a non-exclusive right of
reasonable access to the property for the purpose of constructing and operating a groundwater
monitoring well. The Investigator will not permit any other party, except the Investigator's duly
authorized representatives, employees, agents and independent contractors, to enter or use the
property. This Agreement will be in effect from the date of execution by the parties until
April 30, 2010
2. Grant of License. Subject to the terms and conditions of this Agreement, the Property
Owner hereby grants to the Investigator a license to enter the property for the purpose of
operating the groundwater monitoring well in Section 1 and for taking environmental samples.
The Investigator may be accompanied in these activities by authorized representatives of SLR
International Corporation and their subcontractors.
3. Construction and Condition of Property. Any installation or construction on the
property by the Investigator, authorized representatives, employees, agents and independent
contractors will be accomplished in such a manner as to minimize any disruption to the Property
Owners operation and maintenance of the property. The Investigator agrees to make every
effort to minimize the impact on the property and insure that the premises are returned to a
condition that is similar to that which existed prior to the commencement of the construction
activities.
4. Indemnity. The Investigator, its successors or assigns, will protect, save and hold
harmless Yakima County, its authorized agents and employees, against all claims, actions,
costs, damages or expenses of any nature whatsoever, to the extent arising by reason of the
negligent acts or omissions of the Investigator, its assigns, agents, contractors, licensees,
invitees or employees arising out of or in connection with acts or activities authorized by this
right of entry.
5. Governing Law and Venue. The validity, meaning and effect of this Agreement shall
be determined in accordance with the laws of the State of Washington. Venue for any action
arising under this Agreement shall be in the Superior Court of Yakima County.
6. No Third Party Rights. Nothing in this Agreement, express or implied, is intended to
confer any rights or remedies upon any person, other than the parties and their respective
employees and representatives
Page 1
Prnr,Prtv Access Aorpernent
1
It is understood and agreed that this Agreement is hereby tendered and that the terms and
obligations hereof shall not become binding upon the Yakima County unless and until accepted
and approved herein in writing by both signatory parties
7. Limitations on Use.
A. Prior to each entry onto the property, the Investigator shall provide forty-eight (48) hours
notice to the Property Owner, arrange for access and, if requested by the Property Owner, allow
oversight of all on-site activities.
B. If the well interferes with any improvements, construction or sale of the property, the
Investigator agrees to remove the well and leave the property as found.
CITY OF YAKIMA
COUNTY
YAKIMA COUNTY
By: By:
R. A. Zais, Jr., anager
Date: /1/2109
ATTEST:
...7/31"/
Date: .i/ -./o7
PrnnPrtv Arr.Pss AnrPPmPnt
Page 2