HomeMy WebLinkAbout1997-064 Amending the 1997 Budget J ` .
ORDINANCE NO. 97- 64
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AN ORDINANCE amending the 1997 budget for the City of Yakima; and making
an appropriation of $400,000 in the Domestic Water
Improvement Fund for expenditure during 1997 to provide for
the installation of a new watermain in 9th Avenue and service
connections to adjacent properties.
WHEREAS, the amount of $400,000 must be appropriated within the Domestic
Water Improvement Fund in order to provide funding for installation of a new
watermain in 9th Avenue and service connections to adjacent properties, and
WHEREAS, at the time of the adoption of the 1997 budget it could not
reasonably have been foreseen that the appropriation provided for by this ordinance
would be required; and the City Council finds that an emergency exists of the type
contemplated by RCW 35.33.091 and that it is in the best interests of the City to make
the appropriation herein provided, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The amount of $400,000 is hereby appropriated from the
• Unappropriated Fund Balance in the Domestic Water Improvement Fund to account
numbers as shown on Schedule I as a 1997 appropriation.
Section 2. This ordinance is one making an appropriation and shall take
° effect immediately upon its passage, approval and publication as provided by law and
by the City Charter. sr
PASSED BY THE CITY COUNCIL, signed and approved this ooLI day of
October, 1997.
ynn Bu anan, Mayor
ATTEST:
CITY CLERK
First Reading: 10 -7 -97
Publication Date: /0-144
Effective Date: / 0 _3 L F 97
LEGAL/bd
Ordinances
A04
APPROP.ORDINANCE PAGE 1
SCHEDULE!
Domestic Water Improvement
RESOURCES:
Contributions and Donations
477 -3- 477 - 348 - 0000 - 36700 -CNT $400,000.00
TOTAL RESOURCES $400,000.00
APPROPRIATIONS:
Construction Projects
477 -4- 477 - 348 - 1734 -59434 -650 $400,000.00
TOTAL APPROPRIATIONS $400,000.00
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT a I
Item No. I*
For Meeting Of g-S-9 7
ITEM TITLE: Ninth Avenue Watermain Project, Mead Avenue to Fremont Street
SUBMITTED BY: Dept. of Community and Economic Development, Engineering Div.
CONTACT PERSON /TELEPHONE: Fred French, P.E. / 575 -6096
SUMMARY EXPLANATION:
The Department of Ecology has ordered certain Yakima Railroad Area PLPs, which are
now organized as the Cameron- Yakima Working Group, to connect approximately 63
existing houses on South 9th Avenue to the City of Yakima municipal water system.
The Cameron - Yakima Working Group proposes to contract with the City for the City to
conduct the work ordered by Ecology in a way similar to the domestic water project in
the East Mead area several years ago. The attached proposed agreement provides for
the project to be fully funded by the Cameron - Yakima PLPs and covers all design and
construction costs associated with the watermain, watermeters, disconnection of private
domestic water wells and water connections to houses.
The resolution would authorize the City Manager and the City Clerk to execute the
proposed agreement on behalf of the City after it is signed by all other parties.
Upon execution of the agreement between the City of Yakima and the Cameron - Yakima
Working Group, the City will proceed with the watermain project and have it
substantially completed by the end of the year. The attached map shows the project
location and adjacent properties.
Resolution X Ordinance — Contract _ Other (Specify) Location Mai
Funding Source Cameron - Yakima Working Group
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt the attached Resolution.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
RESOLUTION NO. R -97- 1 5
A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima
to execute an agreement for engineering design and construction of
the Ninth Avenue Watermain Project.
WHEREAS, the Department of Ecology has ordered certain Yakima Railroad
Area PLPs, which are now organized as the Cameron - Yakima Working Group, to
connect approximately 63 existing houses on South 9th Avenue to the City of Yakima
municipal water system; and
WHEREAS, the Cameron - Yakima Working Group proposes to contract with the
City for the City to conduct the work ordered by Ecology in a way similar to the
domestic water project in the East Mead area several years ago; and
WHEREAS, the attached proposed Ninth Avenue Watermain Project agreement
provides for the project to be fully funded by the Cameron - Yakima PLPs, and covers all
design and construction costs associated with the watermain, watermeters,
disconnection of private domestic water wells and water connections to houses; and
WHEREAS, it is in the best interests of the City of Yakima to enter into the
proposed Ninth Avenue Watermain Project Agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to execute
the attached Ninth Avenue Watermain Project Agreement after it is executed by all
other parties
A
ADOPTED BY THE CITY COUNCIL this .D day of I4LL4uST ,1997.
S! LYNN K. BUCHANAN
Lynn Buchanan, Mayor
A11EST:
lei KAil,EN S. MBSBTS, CMC
City Clerk
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X7 - 5 / ou 52 FkUM.LANDELS RIPLEY DIAMOND 2 ID:415 512 6750 PACE 3/1
. CITY OF YAKIW.
NINTH AVENUE WATERMAIN PROJECT AGREEMENT
The parties to this NINTH AVENUE WATER MAIN PROJECT AGREEMENT
( "Agreement ") are the CITY OF YAKIMA, a municipal corporation of
the State of Washington (eCity"), FAIRCEILD SEMICONDUCTOR
CORPORATION, a'Delawa.re corporation, IT CORPORATION, a California
corporation, MCKESSON CORPORATION, a Delaware corporation,
PHILIPS SEMICONDUCTORS,' INC., a Delaware corporation, XEROX
CORPORATION, a New York corporation, and TOSCO CORPORATION, a
Nevada corporation— Collectively, Faizchild Semiconductor
Corporation, IT Corporation, McKesson Corporation, Philips
Semiconductors, Inc., Xerox Corporatior., and Tosco Corporation
are referred to in this Agreement as the "Cameron Yakima Working
Group" or "Group ".
gECITALS
• A. On July 19, 1995, the Washington Department of Ecology
( "Ecology ") issued Enforcement Order Noy. DE 95TC -212 (the
"Order ") under Revised Code of Washington 70.105D.050(1) to
parties, including members of the Group, it had identified as
potentially liable persons ( "PLPs ") for chemical releases in the
Yakima Railroad Area.
B. To resolve certain of its members' obligations under
the Order, the Cameron - Yakima Working 3roup has agreed to connect
the houses located on the 1500, 1600, 1700 and 1800 blocks of
esa». c
South Ninth Avenue, in Yakima, Washington, to the City of Yakima
municipal water system. The specific parcels and their street
addresses are identified on the map tha-: is attached as Exhibit A
and incorporated in this Agreement by this reference.
C. As an alternative to performing the construction of the
Ninth Avenue municipal water system connections, the Cameron -
Yakima Working Group proposes to providt for construction of the
improvements by the City within one year . of the. date of this
Agreement by establishing an account of funds to be used by the
City.so that the City can conduct the P -oject in the same manner
it conducts similar projects to construct public improvements.
AGREEMENT
NOW, THEREFORE, the parties agree as follows:
1. Connection of Ninth Avenue Houses to Water Svstem.
1.1. The City, through the City Engineering Division of
• the Department of Community and Economic Development, agrees to
install a watermain in the public right -of -way on Ninth Avenue
between Washington Avenue and Mead Avenue, to install water
meters at the margin of the right- of -wa }-, and to connect the 63
houses identified in Exhibit A to the water system. The City
shall not be required to connect any house whose owner declines
to be connected, and any obligations of the Group under this
Agreement.to connect any such house shall also cease if the owner
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,•JG-05 -97 ee 52 FROM LANDELS RIPLEY DIAMOND 2 1D 415 512 8750 PAGE 5/1:
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declines to be connected. This work shall be referred to as the
Ninth Avenue Watermain Project (the •Project•). The work
performed for the Project shall be similar to work performed to
provide municipal domestic water to the East Mead Area of Yakima.
1.2. The City agrees to prepare all specifications,
drawings, engineering calculations, and engineer's cost estimates
required for the Project.
1.3. The City shall perform or cause to be performed
all field work and shall be responsible for obtaining all
required materials necessary to construct the Project.
1.4. The City shall comply with, and require any and
all contractors to comply with, all local, state and federal laws
in completing the Project.
1.5. The City shall perform, and cause any and all
contractors to perform, the work associated with the Project in a
timely, diligent and workmanlike manner and shall use the degree
of care and skill ordinarily exercised ender similar
circumstances by reputable contractors ?erforming comparable
work.
1.6. The City shall be responsible for the supervision
and direction of any work performed by employees of the City and
for specification of all work performed by any contractor.
116117 6
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■;S-97 0B=S t FROM LANGELb K . iri- u<Mnunu c li+z . v+. �•� --
2. proje Contractors.
2.1 The City shall prepare as invitation to bid to
solicit bide from parties interested in constructing and
installing the watermain and meter sets. The City shall provide
the Group with a copy of the City's proposed invitation to bid, •
including proposed specifications, draw.Lngs, engineering
calculations and the engineer's cost estimates required for the
Project at least two weeks prior to pub :fishing the invitation to
bid for review by the Group. The scope of work covered by this
initial bid package shall not include connections from the water •
meter sets to the private residences, the construction and
installation of which shall be administered by the City's Water
Division. The costs of constructing ant. installing connections
from the water meter sets to the private residences shall also be
paid from the Subject Account established pursuant to Paragraph 3
below. As occurred in the work performed to provide municipal
domestic water to the East Mead Area of Yakima, more than one
contractor may be involved in constructing and installing these
connections.
3. The Subje Account
3.1 The Group shall establish an account (the "Subject
Account ") of funds restricted to the exclusive control of the
City. The Subject Account shall be established at the Seafirst
Bank branch in the City of Yakima. With:,n 30 days of the
complete execution of this Agreement, the Group shall fund the
85217.6
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Subject Account with $150,000, which shall cover the City's
incurred costs for engineering design, as well as the City's
anticipated costs for solicitation and evaluation of contractor
bids to connect the existing houses to the water meter sets
provided by the Project, and to fund a portion of the anticipated
Construction Costs.
3.2 Within 15 days from the •'croup's receipt written
notice that the City Engineer is ready 1:o recommend to the City
Manager an award of the watermain and water meter set
construction installation contract(s), the Group shall deposit in
the Subject Account the amount of the b:.d recommended to be
accepted plus 101. The City's written notice to the Group shall
include a bid evaluation summary documez.ting that the bids
received are responsive to the City's invitation to bid, bidder
names and amounts of each bid received. The. City shall not award
the contract and the Group shall not be required to make this
additional deposit and may terminate the Agreement if the
recommended bid is estimated to result in a total Project cost
that exceeds the City's engineering cost estimate by 151 or more.
If the Group so elects to terminate this Agreement, the Group
shall remain obligated to reimburse the City's actual expenses
incurred before the City's receipt of the Agreement termination
notice within 60 days of the Group's receipt of all supporting.
documentation of the City's actual expenses.
85217.6
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ALG -OS Od bd }KUt1. LANUtLS Ki!'LtY UTAPIVNU sw ..OA • •-• •■ V,• •
3.3 The City shall at all tithes act prudently and
shall draw on the Subject Account only in good faith to meet
obligations properly incurred during the course of the Project.
The City's expenditures from the Subject Account, may, at any
time within one year following Project = ompletion, at the
discretion of the Group and at the Group's expense, be audited by
an accounting firm designated by the Group. The City shall
maintain accounting records of its expenditures from the Subject
Account in accordance with generally accepted accounting
principles. Any funds not properly expended to connect houses
identified on Exhibit A to the municipa'. water system shall be
returned to the Group. The City shall promptly release its
interest in the Subject Account when the final project closeout
is accepted by the Yakima City Council, and any funds remaining
in the Subject Account shall be refunded to the Group.
3.4 The City shall certify completion of the Project
as soon as all required tasks are compl.ted in accordance with
design requirements and all necessary state agency approvals are
obtained. Upon such certification the Croup shall have no
further obligation to fund the Project.
3.5 The City shall be responsible to fund all change
orders, taxes, and cost overruns incurred during the
implementation of the Project using funds in the Subject Account.
Should funds in the Subject Account be exhausted before the City
certifies completion of the Project, the City and the Group shall
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a1c 4 k kuM . LANOELS R I PLEY DIAMOND 2 10 51 2 6250 PAGE 9/1.
negotiate in good faith to provide addi-tional funds to complete
the Project. Should such negotiations :De unsuccessful, the City
and the Group agree to submit to binding arbitration pursuant to
the Construction Industry Rules of the American Arbitration
Association to provide additional funds to complete the Project.
• 3.6 After City certification of completion the Project
shall become the property of the City. The City shall be
responsible for the operation, maintenance and repair of the
Project, and the Group shall not be responsible for such
operation, maintenance or repair. •
4. Entire Agreement. This Agreement is the entire
agreement of the parties and supersedes any prior negotiations or
agreements relating to the subject matter of this Agreement.
None of the parties is relying on any representations, promises,
or understandings other than those specifically set forth in this
Agreement.
5. Governing Law. This Agreement - shall in all respects be
governed by the laws of the State of Washington, including all
matters of construction, validity, and performance. •
6. Attorneys' Fees. If any party to this Agreement
commences legal action to enforce or interpret, or for breach of, .
any provision of this Agreement, the prevailing party or parties
'shall be entitled to recover from the losing party or parties
costs and expenses incurred, not limited •:o taxable costs, and
attorneys' fees and costs incurred by the prevailing party or
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parties, in addition to all other relief and remedies to which
the prevailing party or parties may be entitled.
7. Execution. This Agreement may be signed in
counterparts, all of which together shall constitute one
original. •
8. Effective Date. The effective date of this Agreement
is August , 1997.
CITY OF YAKIMA
By: _
Its:
FAIRCHILD SEMICONDUCTOR CORPORATION
By:
Its:
IT CORPORATION
By:
Its:
MCKESSON CORPORATION
By:
Its:
PHILIPS SEMICONDUCTORS, INC.
41217.1
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. - r. .I ✓ ti .dc oiSd PAGE 1 BY
XEROX CORPORATION
By:
Its:
TOSCO CORPORATION
By:
Its:
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4111 BUSINESS OF THE CITY COUNCIL
YAKIMA., WASHINGTON
AGENDA STATEMENT a C'
Item No.
For Meeting of
ITEM TITLE: Ordinance amending the 1997 Budget to provide for construction of the
South 9th Avenue water main.
SUBMITTED BY: Department of Finance and Budget,
Department of Community and Economic Development
Engineering Division
CONTACT PERSON /TELEPHONE: Fred French, City Engineer / 575 -6096
SUMMARY EXPLANATION:
On August 5, 1997 Council approved Resolution No. 97 -105 directing the City Manager and City Clerk
to sign an agreement with the Cameron - Yakima Working Group to provide for the installation of a
S new water main in 9th Avenue and service connections to adjacent properties.
Funds for this work will be entirely provided by the Cameron- Yakima Working Group.
Accordingly, a $400,000 appropriation and corresponding $400,000 anticipated revenue is necessary in
the water fund for the completion of this project.
Resolution Ordinance X Contract Other (Specify) Res. # R - 97 - 105
Fund ing Source Cameron - Yakima Working Group
APPROVED FOR SUBMITTAL:
i Manager
er g
STAFF RECOMMENDATION:
Read Ordinance by title only.
Pass Ordinance after the Second reading at the regular
Council meeting on October 21, 1997.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION: First reading of Ordinance; second reading scheduled 10/21/97.
October 1, 1997