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HomeMy WebLinkAboutR-1991-D6023 Fair Avenue - I-82RESOLUTION NO.D 6 ©2 3 A RESOLUTION authorizing the execution of an Agreement for Joint Construction of Improvements of Yakima Avenue/I-82 Interchange Area and Fair Avenue with the State Department of Transportation and Yakima County. WHEREAS, the City, Yakima County, and the Department of Transportation for the State of Washington desire to collec- tively construct improvements for the Yakima Avenue/I-82 Interchange Area and Fair Avenue valued at 13.4 million dol- lars, which are mutually beneficial to all entities; and WHEREAS, the City as lead agency has applied to the State Transportation Improvement Board for funds to partially fi- nance such project; and WHEREAS, the City, Yakima County, and other sources will also contribute funds to finance such project; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the aforemen- tioned agreement with Yakima County and the State Department of Transportation for the purpose of joint cooperation for the construction of the aforementioned improvement, now, there- fore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute an Agreement for Joint Construction of Improvements of Yakima Avenue/I-82 Interchange Area and Fair Avenue, a true copy of which is attached hereto and incorpo- rated herein. ADOPTED BY THE CITY COUNCIL this //W day of /1-27 1991. Qat' Mayor ATTEST: City Clerk (res/fair . jv ) Agreement for Joint Construction of Improvements of Yakima Avenue/I-82 Interchange Area and Fair Avenue City of Yakima Yakima County Washington State Department of Transportation This Agreement, made and executed this day of 1991 by and between the City of Yakima, (hereafter City), Yakima County, (hereafter County),and Washington State Department of Transportation, (hereafter Department), collectively hereinafter referred to as the Parties and individually as Party. WHEREAS, the City of Yakima has submitted to the Washington State Transportation Improvement Board, (hereinafter referred to as TIB) a project for improvement of the Yakima Avenue/Interstate-82 Interchange area and Fair Avenue, by widening roadways and creating alignments which involve new structures, existing structure removal or modification, installation of curbs, gutters, drainage facili- ties, sidewalks, landscaping, relocation or installation of utili- ties, installation of traffic signals, new roadway sections, pathways, street lights, guard rail, all of which is hereinafter called the Project; and WHEREAS, TIB did select the Project for funding and it re- quires a preliminary proposal prospectus from the City of Yakima to obligate the State's Transportation Improvement Account, hereafter referred to as (TIA), for program funds for up to 70% of the Pro- ject costs; and WHEREAS, the Washington State Legislature has enacted and the Governor has signed a comprehensive transportation funding bill in March, 1990, which includes funds for this TIA project; and WHEREAS, securing of absolute commitment of TIA funds toward the Project depends on expeditious completion of a predesign report to the TIB; and WHEREAS, this improvement lies within the boundaries of the City of Yakima providing mutual benefit to the Parties, and re- quires joint participation by the Parties; and WHEREAS, the TIA Program requires local jurisdictions to fund at least 30% of the total Project costs through a number of funding options, including, but not limited to, state or federal funds available to the Parties, developer contributions, local funds; and WHEREAS, RCW 39.34, the Interlocal Cooperation Act, provides authority for the Parties to enter into this agreement; and Page 1 of 5 (agr\fair) WHEREAS, the Parties recognize the mutual benefits for improving I-82 as a transportation corridor, and Fair Avenue by enhancing access to the Fairgrounds and the Sundome; and WHEREAS, the guidelines for the Transportation Improvement Account Program, as revised, provide the rules and regulations for the conduct of TIA funded projects, now, therefore, In consideration for the mutual promises contained herein, the said Parties hereby enter into an agreement as follows: 1. The City shall be the lead agency for the total Project, including consultant selection, plan review, TIA funding application, State Environmental Policy Act (SEPA), and National Environmental Policy Act (NEPA) determination and administration. Contract award, inspection and contract administration shall be by the City or the Department, depending on jurisdiction. 2. Overall policy oversight to the Project shall be provided by a three member executive committee consisting of the Department's District Assistant Project Development Engineer, the City's Director of Engineering and Utili- ties and the County's Assistant County Public Works Director or their respective designees. 3. The City's staff shall coordinate the Project with staffs of the respective Parties in all phases of the Project as they relate to predesign, design, and construction of improvements. 4. The Parties shall, without cost, issue all necessary right-of-way and any other permits necessary within their respective right-of-way and any other permits necessary within their respective rights-of-way, for the approved Project, provided, however, that nothing herein shall be interpreted to relieve any of the Parties of its quasi- judicial obligation in the issuance of such permits or in the event that review is sought of the issuance of such permit. 5. The Parties shall share the total cost of the Project according to their relative allocations shown in the preliminary cost estimate of the Project -- $13,401,693.00 in Attachment 1, which is attached hereto and incorporated herein. The approval of the Parties shall be sought prior to the submittal to the TIB of the Certification of Local Funds. 6. The Parties recognize the need to complete, as soon as possible, a design report prior to a final obligation of funds by the TIB, and jointly commit toward this effort, according to the allocations shown in Attachment 1. The costs in Attachment 1 are part of the overall Project Page 2 of 5 (agr\fair) cost and shall be credited to each Party's share of the total Project cost. 7. The figure mentioned in Paragraph 5 herein is recognized to be a very preliminary planning cost estimate. Any Project costs above the $13,401,693.00 for the Project as defined in the scope of work shall be apportioned and paid by the City, County, and Department according to the allocation found in Column C of percentages in At- tachment 1. Any improvements or special conditions which are identified by any parties and which are outside the original scope of the Project, as defined by the approved Project design report, will need to be evaluated care- fully and the cost shall be paid by the benefitting Party or Parties. Any costs above the $13,401,693.00 -- wheth- er part of the original scope or not, must be approved by the Parties, and apportioned according to the above provisions. E. Project costs are defined as all related Project costs, including but not limited to, predesign, design, con- struction, demolition, right of way acquisition, legal, administration, consultant engineering, environmental assessment, testing services and costs related to or incident to TIA Program or department services. 9. Each Party shall be responsible for identifying in a timely manner their respective needs, concerns, special conditions, and other considerations to the City. The City shall be responsible to ensure that the consultant incorporates these comments into the pre -design and the design of the Project. The City shall also be responsi- ble for contacting the other utility service providers early in the process so as to provide for advance plan- ning and coordination. 10. Each Party shall pay invoices for their respective shares within 30 days of receipt of invoices from the City. Invoices shall be sent to: DEPARTMENT: Washington Department of Transportation -District #5 P.O. Box 12560 Yakima, Washington 98907 Attn: Linda Raber CITY: Dennis Covell City of Yakima Director of Department of Engineering & Utilities City Hall 129 North 2nd Street Yakima, Washington 98901 Page 3 of 5 (agr\fair) COUNTY: Dan Hesse Yakima County Director of Public Works Yakima County Courthouse Yakima, Washington 98901 11. Design and construction contract documents and agreements shall indemnity and hold harmless Parties to this agree- ment. 12. Review and approval of the Consultant Agreement Design Report and subsequent documents such as plans, special provisions and estimates shall require review and approv- al by both the Department and the Federal Highway Admin- istration. 13. Assignment: None of the entities hereto shall have the right to assign this agreement or any of its rights and obligations hereunder, nor to terminate its obligations hereunder otherwise without first securing the written consent of all other entities. 14. Execution of Documents: Each Party agrees that it shall execute any and all instruments, documents and resolu- tions or ordinances necessary to give the effect of the terms of this agreement. 15. Effective Date: The provisions of this agreement shall become effective on the date written above and the charges provided for herein commence on the effective date unless other provisions have been made. 16. Waiver: No Waiver by any Party or any term or condition of this agreement shall be deemed or construed as a waiver of any other term or condition nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach whether the same or a different provi- sions of this agreement. 17. Remedies: In addition to the remedies provided by law, this contract shall be specifically enforceable by each Party. 18, Termination: This agreement shall remain in effect until the Project is completed and accepted in writing by the Parties. 19. Indemnification: Until final acceptance and approval of the Project, any cause, claim or liability arising from or out of the Project and determined to be the joint and/or mutual fault of the Parties, shall be borne by the Parties on a percentage basis determined by a court of competent jurisdiction or by agreement of the Parties. Liability attributable to the sole fault of a Party shall Page 4 of 5 tagr\fair) be borne by that Party. After final acceptance of the Project by the Parties, each Party shall hold harmless and indemnify the other Parties from anv cause of action, arising from or out of design or construction of the improvement located within the geographical jurisdiction of each Party. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of this day and year first above written. A. Zai -s' Jr.Richard City Manager ATTEST: E. R. Burch State Design Engineer Washington State Department of Transportation City Clerk Alex Deccio, Chairman City Yakima County Commissioner APPRO-7 TO FORM: Yak ma City Attorney Graham Tollefson Yakima County Commissioner Charles Klarich Yakima County Prosecuting Yakima County Commissioner Attorney qib-ko23 Cu:Y COPNIRACT tilt Page 5 of 5 (agr\fair) be borne by that Party. After final acceptance of the Project by' the Parties, each Party shall hold harmless and indemnify the other Parties from any cause of action, arising from or out of design or construction of the improvement located within the geographical jurisdiction of each Party. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of this day and year first above written. Richard A. Z 's, Jr. City Manager ATTEST: City Clerk APPROVED AS TO FORM: Yakima City Attorney Yakima County Prosecuting Attorney CITY CONTRACT N6: Page 5 of 5 (agr\fair) E. R. Burch State Design Engineer Washington State Department of Transportation Alex Deccio, Chairman Yakima County Commissioner Graham Tollefson Yakima County Commissioner Charles Klarich Yakima County Commissioner \7/' ATTACHMENT I: LOCAL SHARE COST ALLOCATION TOTAL PROJECT COST Agencies Local Match —A— Percentnt of Total Local Match Costs —B— Percent of of Total Project Cost — Over- nm Costs Partici- pation Percent of Total Local Match Costs 1. City of Yakima a) Engineering Division b) Transit Division $1,691,689 201,025 42.08% 5.00% 12.62% 1.50% 49.46% 5.88% 2. Yakima County 603,076 15.00% 4.50% 17.63% 3. District #5 of WDOT 924,717 23.00% 6.90% 27,03% 4. Local Developer * 600,000 14.92% 4.48% 0.00% $4,020,507 100.0% 30.00% 100.00% Transportation Improvement Account (TIA) 9,381,185 70% Total Cost Estimate $13,401,693 100% * Right -of -Way Dedication Value up to $600,000 TD -10 DC2 1 - 1003/91 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of 11/12/91 ITEM TITLE: Agreement for Local Match Money Participation for Yakima Avenue/I-82 Interchange Area & Fair Avenue SUBMITTED BY: Department of Engineering & Utilities nn CONTACT PERSON/TELEPHONE: Dennis E. Covell, P.E. Director of Engineering & Utilities / 575-6161 SUMMARY EXPLANATION: The Transportation Improvement Board requires a written agreement between local match money participating agencies to confirm pledged local funding. The accompanying agreement provides the confirmation by Yakima County, the City of Yakima, and the Washington State Department of Transportation. The agreement has been reviewed for content by Yakima County and the Department of Transportation and reflects their input. An additional agreement confirming the private developer right-of-way contribution is forthcoming. X Resolution Ordinance Contract Minutes Plan/Map Notification List APPROVED FOR SUBMITTAL: Otherecify City Manager 491011¢61011116.M. STAFF RECOMMENDATION: Approve the attached resolution authorizing the City Manager to execute the agreement on behalf of the City of Yakima. COUNCIL ACTION: T DAILY 1 1