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HomeMy WebLinkAboutR-1995-024 Fair Avenue ProjectRESOLUTION NO. R-95 - 24 A RESOLUTION authorizing the execution of revised Supplement #2 to the Agreement for Joint Construction of Improvement of Yakima Avenue/I-82 Interchange Area and Fair Avenue Project with the State Department of Transportation and Yakima County. WHEREAS, the City of Yakima, Yakima County, and the Department of Transportation for the State of Washington desire to collectively construct improvement for the Yakima Avenue/I-82 Interchange Area and Fair Avenue Project, which are mutually beneficial to all entities; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to Supplement the aforementioned agreement with a revised Attachment 2 reflecting the increased project funding from TIB with no increase to the City of Yakima, Yakima County or the Developer, for the purpose of joint cooperation for the construction of the aforementioned improvement, now, therefore, 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 the revised Supplement #2 to Agreement for Joint Construction of Improvements of Yakima Avenue/I-82 Interchange Area and Fair Avenue Project, a true copy of which is attached hereto and imcorporated herein. ADOPTED BY THE CITY COUNCIL this14thday of February, 1995, C.)d-C ,Z1_,_,.4, -2_,661 --- MAYOR ATTEST: SR 82 / YAKIMA AVENUE INTERCHANGE - GATEWAY PROJECT AGREEMENT GC 9263 - SUPPLEMENT #2 /7 uNI Marc�j Ali This a reement, made and entered into this C9-� day of - "'='-44? 19 Cit' , between the State of Washington, Department of Transportation, acting through the Secretary of the Department of Transportation, by virtue of Title 47 RCW, hereafter called the "STATE," the City of Yakima, hereafter called the "CITY," and Yakima County, hereafter called the "COUNTY." WHEREAS, the parties hereto entered into Agreement GC 9263 on February 7, 1992, which provided for the improvement to the SR 82/Yakima Avenue Interchange and subsequently executed Supplement #1 on May 13, 1994, and WHEREAS, it is deemed desirable to further supplement the agreement to reflect local match fund increases to secure additional TIB funds, and WHEREAS, the project is approaching the construction phase, it is desired that the construction administration and financial processes be clarified. NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The Agreement is hereby supplemented and the Local Share Cost Allocation, Attachment 1, is hereby superseded and replaced by Attachment 1 Supplement #2. Agreement GC 9263 Supplement #2 Page 1 of 3 2. The total cost of the project is increased from $15,368,800.00 to $17,754,950 as shown on Attachment #1 attached hereto and by this reference made a part of this agreement. 3. The STATE shall advertise the phased construction contracts, and if acceptable bids are received, award and administer the construction contracts. 4. On a monthly basis, the STATE shall bill the CITY the amount due in excess of the STATE portion. Groups 1, 2 and 3 on the contract Summary of Quantities shall be the STATE's responsibility. Groups 4 through 14 shall be the CITY's and COUNTY's responsibilities. Each group shall have construction engineering and administration overhead expenses attached thereto. The entire amount expended on the PROJECT shall be forwarded to the CITY to facilitate the TIB reimbursement process. 5. The contract item "Mobilization" and the construction engineering costs will be determined by a proration of the mobilization and engineering costs of the entire project to the construction costs of the work covered by this agreement. 6. The CITY shall bill the TIB and COUNTY for their respective shares within fifteen (15) days of the receipt of the STATE's invoice. 7 The CITY shall collect all funds due and forward to the STATE in Olympia within forty-five(45) days of the STATE's invoice. 8. All other terms and conditions of the original agreement shall remain in full force and effect except as modified by this Supplemental Agreement. Agreement GC 9263 Supplement #2 Page 2 of 3 IN WITNESS WHEREOF, the City of Yakima, Yakima County, and the Washington State Department of Transportation hereby execute Supplement #2 of said Agreement GC 9263 as of the day and year first above written. Richard A. Zais, Jr. City Manager ATTEST: a,et-v:6 City Cler Yakima City Attorney ,ak-oU-a-a. Approved as to Form: Assistant Attorney General CITY CONTRACT NO: Agreement GC 9263 4 7 Stat�esign Engineer Washington State Dept. of 9 Transportation Bettie Ingham, Chair n Yakima County Commission rY+ames M. Le aki .44 •unty Commission /dL William H. Flower Yakima County Commission ATTEST: Syl i E. Hinojosa t ag Cler of the Board Supplement #2 Page 3 of 3 Supplement #2 ATTACHMENT I: LOCAL SHARE COST ALLOCATION TOTAL PROJECT COST (Revised 7/94) Agencies Local Match --A-- Percent of Total Local Match Cost with Davelopei Participation --B-- Cash Cost Participation Percent of Total Local Match Costs without Developer Participation —C— Percent of Total Project cost with Developer Participation 1. City of Yakima a) Engineering Division $1,836,041 29.96% 37.18% 10.34% b) Transit Division $218,168 3.56% 4.42% 1.23% 2. Yakima County $654,503 10.68% 13.26% 3.68% 3. District #5 of WDOT $2,229,154 36.38% 45.14% 12.55% 4. Local Developer ' $1,190,363 19.42% 0.00% 6.70% $6,128,229 100.00% 100.00% 34.50% Transportation Improvement Account (TIA)_ $11,626,721 65.50% Total Cost Estimate $17,754,950 100.00% Estimated Right -of -Way Dedication Value up to $1,190,363 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / For Meeting Of Feb 14. 1995 ITEM TITLE: Revised Supplement #2, Local Share Agreement for Gateway Project SUBMITTED BY: Department of Engineering & Utilities - Engine ring Division CONTACT PERSON/TELEPHONE: Dennis E. Covell, Director G. 576-6313 In July of this year the Transportation Improvement Board authorized an increase in TIA funds for the Gateway Project. The increase of $1,160,568 was accomplished at no increase to City, County or developer local match money. The increase in local match money was by WDOT - South Central Region. Supplement #2 was initially approved by the City of Yakima and Yakima County in late 1994 utilizing requested WDOT agreement language. The Attorney Generals Office review of Supplement #2, when it was presented by WDOT for final approval, resulted in additional language changes. The changes are: • Reference the agreement cost increase from Supplement #1 not the original agreement amount. • Eliminate the requirement that part of the State local share money ($1,000,000) must be spent by June 30, 1995. Resolution _XOrdinance Contract Other (Specify) 1) Funding History 2) Supplement #2 Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve the resolution authorizing execution of the revised Supplement #2 to the local match money agreement #GC -0263 by the City Manager. COUNCIL ACTION: • Revise reference of a contract to phased construction contracts. • The State will bill the City for local share funding due in excess of the State portion rather than the state billing the City the entire amount of State expenditures. • Eliminated reference to a specific engineering and administrative overhead factor charged in the monthly amount paid the State. • The City will pay the monthly State invoice within 45 days rather than 30 days of billing date. The changes reflect simplifying the money flow for construction. Payments as discussed with WDOT - Headquarters and the Transportation improvement Board (TIB) in December of 1994. PHASE I - FUNDING HISTORY • In addition to this amount the City has seperately budgeted an additional $500,000 to upgrade water and sewer utilities in the project area. ORIGINAL Jul -93 Jul -94 CITY OF YAKIMA $1,691,689 $1,836,041 $1,836,041 12.62% 11.95% 10.34% YAKIMA TRANSIT $201,026 $218,168 $218,168 1.50% 1.42% 1.23% YAKIMA COUNTY $603,076 $654,503 $654,503 4.50% 4.26% 3.68% WSDOT $924,717 $1,003,572 $2,229,154 6.90% 6.53% 12.55% TRAIL WAGONS $600,000 $1,190,363 $1,190,363 4.48% 7.74% 6.70% TOTAL LOCAL $4,020,508 $4,902,647 $6,128,229 30% 31.90% 34.50% TIA $9,381,185 $10,466,153 $11,626,721 70% 68.10% 65.50% GRAND TOTALS $13,401,693 $15,368,800 $17,754,950 • In addition to this amount the City has seperately budgeted an additional $500,000 to upgrade water and sewer utilities in the project area. Washington State viiff Department of Transportation Sid Morrison Secretary of Transportation Mr. Dennis E. Covell, P.E. Department of Engineering and Utilities 129 North Second Street Yakima, WA 98901 District 5 2809 Rudkin Road, Union Gap P.O Box 12560 Yakima, WA 98909-2560 (509) 575-2510 February 6,1995 SR 82, MP33, Agmt GC9263,Supp#2 Gateway Project Agreement Supplement Number 2 Request Approval Dear Mr. Covell: The Department of Transportation has found it necessary to modify the proposed Supplement #2. The attached documents reflect the acceptable modifications and have been approved by the Assistant Attorney General. The main revision is in the billing process. Not having administered a similar project has caused our accountants to rethink their system and develop a trackable billing scheme. The agreement now stipulates that the STATE is responsible for Groups 1,2, and 3 of the contract plans SUMMARY OF QUANTITIES. The CITY, and COUNTY are responsible for the remainder of the project. This resulted in an increase to the STATE but simplified accounting as desired. Please review this proposed supplement and secure the necessary signatures. When the signatures are obtained, please return the three originals to this office for the final execution. Note that the date on the front of the agreement is to be filled in by the STATE when the final signature is affixed. Call me at 575-2526 if you need additional information. Richard L. Larson. P.E. Region Administ DJ:attach cc: Eilert Bjorge by:Darryl Region Utitity E ,r•, ineer FEB "mnINEERir"