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Home My WebLink About05/05/2009 14 Cowiche Canyon Sanitary Sewer Lines and Pedestrian Bridge Interlocal Agreement with Yakima County • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. r` 1 For Meeting of May 5, 2009 ITEM TITLE: A resolution authorizing the City Manager to execute an Interlocal Agreement between the City of Yakima and Yakima County for the design and construction of sanitary sewer lines and pedestrian bridge in Cowiche Canyon. SUI- MITTED BY: Doug Mayo, City Engineer CONTACT PERSON/TELEPHONE: Doug Mayo, City Engineer, (509) 576 -6678 SUMMARY EXPLANATION: Staff respectfully requests City Council consideration of a resolution authorizing the City Manager to execute an Interlocal Agreement with Yakima County for the design and construction of sanitary sewer lines and a pedestrian bridge in Cowiche Canyon. Yakima County is planning road improvements from Power House Road on the Cowiche Canyon road for approximately 1,100 feet. Installing the sewer with the County project would eliminate the need and added cost to restore the road if the sewer were installed after the County's project 411) was completed. The pedestrian bridge is an integral piece of the William O. Douglas Trail (See attached Agreement). Resolution X Ordinance Contract X Other (Specify Contract Mail to (name and address): Funding Source: Sewer. Fund 476 Sewer Construction project #2276 Bridge: Fund 142 Arterial Street Capital project #2167 APPROVED FOR SUBMITTAL: CITY MANAGER STAFF RECOM n,'EN D ATION: Staff respectfully requests the City Council adopt the enclosed resolution authorizing the City Manager to execute an Interlocal Agreement between the City of Yakima and Yakima County for the design and construction of 1,100 feet of sanitary sewer lines and a pedestrian bridge in Cowiche Canyon. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: • • i RESOLUTION NO. R -2008- A RESOLUTION authorizing the City Manager to execute an Interlocal Agreement between the City of Yakima and Yakima County for the design and construction of sanitary sewer lines and a pedestrian bridge in Cowiche Canyon. WHEREAS, the County intends to construct a road improvement project known as the C3051, Cowiche Canyon Road Improvements, From Powerhouse Road South 1,100 feet (hereinafter the "Road Project"); and WHEREAS, the construction of sanitary sewer and side sewer lines (hereinafter the "Sewer & Pedestrian Bridge Project") within the limits of the Road Project are consistent with the long range plans of the City; and WHEREAS, the William O. Douglas Trail project requires the construction of a pedestrian bridge immediately adjacent to the County road project; and WHEREAS, the County and the City agree that combining the Sewer & Pedestrian Bridge Project with the Road Project will serve to reduce overall costs, minimize disruption to • the natural environment and impacts to transportation systems users; and WHEREAS, the City has determined that it is in its best interest to provide funding for • the Sewer & Pedestrian Bridge Project and to allow Yakima County to oversee the construction; and WHEREAS, the Yakima County Engineer has determined that it is in the best interest of the County that the Yakima County Public Works Department contract for the design and construction of the Sewer & Pedestrian Bridge Project within the same construction contract as the Road Project; now, therefore: . E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an Interlocal Agreement with Yakima County for the design and construction of 1,100 feet of sanitary sewer and a pedestrian bridge in Cowiche Canyon as well as funding for the improvements. ADOPTED :,Y THE CITY COUNCIL this 5th day of May, 2009. David Edler, Mayor ATTEST: City Clerk III • INTERLOCAL AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA COUNTY FOR SANITARY SEWER IMPROVEMENTS AND CONSTRUCTION OF A PEDESTRIAN BRIDGE AND FUNDING THIS INTERLOCAL AGREEMENT is entered into between Yakima County, Washington (hereinafter the "County"), whose address is 128 North 2 Street, Yakima, Washington 98901, and the City of Yakima (hereinafter the "City "), whose address is 129 North 2 Street, Yakima, Washington 98901, pursuant to RCW 39.34. WHEREAS, the County intends to construct a road improvement project known as the C3051, Cowiche Canyon Road Improvements, From Powerhouse Road South 1,100 feet (hereinafter the "Road Project"); and, WHEREAS, the City wants to have sanitary sewer, side sewer lines and a pedestrian bridge for the William O. Douglas Foot Trail (hereinafter "the Sewer & Pedestrian Bridge Project ") constructed at certain locations within the limits of the Road Project. The location of the Sewer & Pedestrian Bridge Project is shown on Exhibit 'A'; and, WHEREAS, the County and City agree that having the Sewer & Pedestrian Bridge Project constructed in combination with the Road Project is mutually beneficial; and, WHEREAS, the City has determined that it is in its best interest to provide funding for the Sewer & Pedestrian Bridge Project and to allow Yakima County to oversee the design and construction; and, WHEREAS, the City of Yakima Engineer has determined that it is in the best interest of the City to have Yakima County Public Services design the Sewer & Pedestrian Bridge Project for inclusion in the contract; and, WHEREAS, the Yakima County Engineer and City of Yakima Engineer have determined that it is in the best interest of the County and the City to have Yakima County Public Services Department contract for the construction of the Sewer & Pedestrian Bridge Project within the same construction contract as the Road Project NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. Purpose. The purpose of this Agreement is to define the scope of services contracted between the City and the County and enumerated 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 signing by the City and the County and,shall continue until terminated by either party in accordance with Section 13 of this Agreement. 411 Interlocal Agreement Between City of Yakima and Yakima County Page 1 of 6 Sanitary Sewer Improvements and Pedestrian Bridge Construction 3. Obligations of the Parties. THE CITY SHALL: 1. Provide funding to the County for design, environmental documentation and construction management for the Sewer & Pedestrian Bridge project. 2. Review the County's final contract plans and specifications and provide written approval of the Sewer & Pedestrian Bridge Project plans and specifications to the County before the advertisement of the project. 3. Review construction bids provided by the County and provide written notice of approval or disapproval of the Sewer & Pedestrian Bridge Project bids to the County before the award of a construction contract. Written notice will be provided to the County no later than five working days following opening of bids. 4. Review and approve all Source of Materials submittals regarding the Sewer & Pedestrian Bridge Project. 5. Provide all on -site field inspection for the construction of the sanitary sewer portion of the Sewer & Pedestrian Bridge Project except those services provided by the County identified in County Section 5 and County Section 6 of this Agreement The City shall provide 24 -hour prior notice for testing services identified in County Section 6 of this Agreement. The field inspection will be consistent with the Washington State Departrnent of Transportation's 2008 Standard Specifications for Road, Bridge, and Municipal Construction and Washington State Department of Transportation's Construction Manual. The City shall prepare Daily Inspector Reports consistent with the standard of the industry. The Daily Inspector Reports shall clearly identify all bid items and quantities to be paid and list any agreed to change order work or any work paid under the bid item Minor Changes. The City shall provide copies of the Inspector Daily Reports to the County at least once a week. 6. Prepare a monthly progress estimate of quantities used on the Sewer & Pedestrian Bridge Project using the bid item schedule for the construction contract. The progress estimate shall be provided to the County no later than the 5th day of each month. The progress estimate shall include all work completed through the last day of the previous month. 7. Upon review and approval by the City of the amounts charged, provide monthly progress payments to the County for work performed on the Sewer & Pedestrian Bridge Project by the contractor. Progress payments shall be made to the County no later than the 20th day of each month. The progress payment shall be based on the progress estimate provided for in City Section 6 of this agreement. 8. Upon review and approval by the City of the amounts charged, provide a final payment to the County for all costs reasonably incurred by the County that are directly related to the Sewer & Pedestrian Bridge Project. These costs shall include actual sewer construction costs made to the contractor, County personnel labor costs for time reasonably spent on the Sewer & Pedestrian Interlocal Agreement Between City of Yakima and Yakima County Page 2 of 6 Sanitary Sewer Improvements and Pedestrian Bridge Construction • • Bridge Project work and material testing expenses. Final payment shall be made to the County no later than 30 days after the City receives the report of final costs from the County. 9. Upon completion of the Sewer & Pedestrian Bridge Project by the Contractor and final inspection by the City, the City shall provide the County with written acceptance of the sewer work prior to paving of the roadway. THE COUNTY SHALL: 1. Prepare all required environmental documentation and Biological Assessment. 2. Prepare the design, details, specifications and estimate for the Sewer & Pedestrian Bridge Project and incorporate the Sewer & Pedestrian Bridge Project design, details and specifications into the County's Road Project. The Sewer & Pedestrian Bridge Project construction bid items shall be listed under separate pay schedules within the contract documents. 3. Provide a copy of the final plans and specifications for the construction project to the City Engineer for his review and approval before the advertisement of the project. 4. Provide a copy of the bid results to the City Engineer for his review and approval 0 before the award of a construction contract. 5. Provide copies of all Source of Materials submittals for the Sewer & Pedestrian Bridge Project to the City Engineer for his review and approval before use of the materials on the project. 6. Provide field inspection and material testing of trench excavation, trench backfilling and pavement repair and bridge inspection required for the Sewer & Pedestrian Bridge Project. _ 7. Provide construction control surveying for the Sewer & Pedestrian Bridge Project. 8. Make progress payments to the contractor. 9. Provide a monthly statement of progress payments made to the Contractor for the Sewer Project and a bill requesting reimbursement for those costs. 10. Provide a statement of County personnel labor costs for time spent on the Sewer & Pedestrian Bridge Project, including material testing costs and a bill requesting reimbursement for those costs. 11. Provide a report of final costs for the Sewer & Pedestrian Bridge Project to the City following completion of the construction contract. The report shall include a breakdown of costs incurred by the County. 0 4. Administration m Department Manager and This the County ent Public shall Servi be Director administered by the City's Engineering Interlocal Agreement Between City of Yakima and Yakima County Page 3 of 6 Sanitary Sewer Improvements and Pedestrian Bridge Construction 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. The provisions of this Section shall survive the termination or expiration of this Agreement. c. Nothing contained in this Section or this Agreement shall create a liability or a right of indemnification in any third party. 7. Dispute Resolution. a. , The City and the County shall confer in good faith to resolve disputes by negotiation that arise under this Agreement as requested by either party. b. The following shall serve as the designated representatives for the purpose of resolving disputes that arise under this Agreement: City Engineer, City of Yakima County Engineer, Yakima County c. In the event the designated representatives are unable to resolve the dispute, the following shall confer and resolve the dispute: City Manager, City of Yakima Public Services Director, Yakima County The City and County agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process is exhausted first. 8. Integration. This Agreement contains all of the terms and conditions agreed on by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement, are deemed to exist or to bind either of the parties. 9. 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. 10. Nondiscrimination. The parties agree that they shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, sexual orientation, age, marital status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) or any other applicable state, federal or local law, rule or regulation. 11. Severability. • Interlocal Agreement Between City of Yakima and Yakima County Page 4 of 6 Sanitary Sewer Improvements and Pedestrian Bridge Construction i a. If a court of competent jurisdiction holds any part, 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. 12. 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. 13. Termination. The parties may terminate this Agreement, with or without cause, by written notice from either party to the other party sixty (60) days in advance of the termination. In the event of termination, the amount of compensation shall be for services rendered through the termination date. 14. 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. 0 15. 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 OF YAKIMA: R. A. Zais, Jr., City Manager City of Yakima 129 North Second Street Yakima, WA 98901 • TO YAKIMA COUNTY: Vem M. Redifer, PE Public Services Director 128 North Second Street Yakima, WA 98901 16. Governing Law. This Agreement shall be govemed by and construed in accordance with the laws of the State of Washington. 17. 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. 18. 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. • Interlocal Agreement Between City of Yakima and Yakima County Page 5 of 6 Sanitary Sewer Improvements and Pedestrian Bridge Construction CITY OF YAKIMA BOARD OF YAKIMA COUNTY COMMISSIONERS R.A. Zais, Jr., City Manager Rand Elliott, Chairman Date Signed Date Signed Kevin J. Bouchey, Commissioner Attest: Deborah Moore Date Signed City Clerk Michael D. Leita, Commissioner Date Signed Approved as to form: Deputy Prosecuting Attorney Interlocal Agreement Between City of Yakima and Yakima County Page 6 of 6 Sanitary Sewer Improvements and Pedestrian Bridge Construction • : ° .14:41 • L.' , / T 4 '5 o I 1 L . c. 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