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HomeMy WebLinkAboutR-1997-105 Ninth Avenue Watermain ProjectA RESOLUTION RESOLUTION NO. R-97- 1.0 5 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 77/ ADOPTED BY THE CITY COUNCIL this day of 4M4a r ,1997. ATTEST: A n City Clerk nn Buchanan, Mayor EXCERPT FROM MINUTES OF AUGUST 5. 1997 COUNCIL BUSINESS MEETING 21. OTHER BUSINESS A. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF NINTH AVENUE WATERMAIN PROJECT AGREEMENT Larry Peterson, Assistant City Attorney, urged the Council to approve the proposed resolution. He indicated this project would provide an opportunity for residents in the vicinity of South Ninth Avenue to hook up to the municipal water system before winter sets in. Mr. Peterson explained that this matter arises from procedures ordered by the Washington State Department of Ecology to clean up the Yakima Railroad Area. Directing Council's attention to a map of the site, he identified the parameters of the area included in the project, particularly the south central boundary along West Washington Avenue. Mr. Peterson pointed out that in the contract, the Potentially Liable Parties (PLPs) will fund all design and construction costs associated with the water main, water meters, disconnection of private domestic water wells and water connections to houses. Although the City's Engineering and Water Divisions will perform the work, this project does not involve city dollars and is totally funded by the PLPs. There was a brief discussion about the considerable period of time it has taken to develop this project over the last two years. Resolution No. R-97- 105 having been read by title only, it was MOVED BY KLINGELE, SECONDED BY BARNETT, TO ADOPT THE RESOLUTION. Mayor Buchanan and Council Member Puccinelli objected to having the proposed legislation handed to them just as the Council meeting began with no opportunity to read it before bringing it to a vote. Council Member Barnett, who was also concerned about items being received late, feels this issue is not new, but an issue which has been discussed over a long period of time. It was also noted that the last page attached to the contract was inadvertently included and needs to be deleted. The question was called for a vote on the motion. The motion carried by a 5-2 roll call vote; Buchanan and Puccinelli voting nay. RESOLUTION NO. R-97-105, 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. AUG -0S-97 08=52 FROM=LANDELS RIPLEY DIAMOND'3 ID 415 512 8750 PAGE 3/12 CITY OP YAKIMA NINTH AVENUE WATERMAIN PROJECT AGREEMENT The parties to this NINTH AVENUE WATERMAIN PROJECT AGREEMENT ("Agreement") are the CITY OF YAKIMA, a municipal corporation of the State of Washington ("City"), FAIRCHILD SEMICONDUCTOR CORPORATION, a Delaware 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, Fairchild Semiconductor Corporation, IT Corporation, McKesson Corporation, Philips Semiconductors, Inc., Xerox Corporation, and Tosco Corporation are referred to in this Agreement as the "Cameron -Yakima working Group" or "Group". RECITALS A_ On July 19, 1995, the Washington Department of Ecology ("Ecology") issued Enforcement Order No. DE 95TC-212 (the "Order") under Revised Code of Washington 70.10SD.050(1) to parties, including members of the Croup, it had identified as potentially liable persons ("PLPs") for chemical releases in the Yakima Railroad Area. S. To resolve certain of its members' obligations under the Order, the Cameron -Yakima Working Group has agreed to connect the houses located on the 1500, 1600, 1700 and 1800 blocks of 85217 6 AUG -05-97 0853 FROM=LANDELS RIPLEY DIAMOND 3 ID415 512 8750 PAGE 4/12 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 that 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 provide for construction of the improvements by the City within one year of the date of this Agreement by establishing an account of funds City so that the City can conduct the Project to be used by the 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 System. 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-way, and to connect the 53 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 Agreement to connect any obligations of the Group under this such house shall also cease if the owner 2 852:7.6 AUG -05-97'08,53 FROM-LANDELS RIPLEY DIAMOND 3 ID=415 512 8750 PAGE 5/12 declines to be connected. This work shall be referred to as the Ninth Avenue Watermuain 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 under similar circumstances by reputable contractors performing 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. 6521^.5 3 AUG -05-97 08:54 FROM:LANDELS RIPLEY DIAMOND 3 ID:415 512 8750 PAGE 2. prosect Contractors. 2.1 The City shall prepare an invitation to bid to solicit bids 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, drawings, engineering calculations and the engineer's cost estimates required for the Project at least two weeks prior to publishing 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 and 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. TheSubiect 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. Within 30 days of the complete execution of this Agreement, the Group shall fund the SS217.6 4 6/12 AUG -05-87 08:54 FROM:LANDELS RIPLEY DIAMOND 3 ID:415 512 8750 PAGE 7/12 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 Group's receipt of written notice that the City Engineer is ready to 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 bid recommended to be accepted plus 100. The City's written notice to the Group shall include a bid evaluation summary documenting 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 this Agreement if the recommended bid is estimated to result in a total Project cost that exceeds the City's engineering cost estimate by 15% 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 GO days of the Group's receipt of all supporting documentation of the City's actual expenses. 25217.5 5 AUG -05-97 08:54 FROM:LANDELS RIPLEY DIAMOND 3 ID:415 512 8750 PAGE 8/12 3.3 The City shall at all times 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 completion, 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 municipal 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 completed in accordance with design requirements and all necessary state agency approvals are obtained. Upon such certification the Group 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 852.7 s 6 AUG -05-97 0955 FROM:LANDELS RIPLEY DIAMOND 3 ID=415 512 8750 PAGE 9/12 negotiate in good faith to provide additional funds to complete the Project. Should such negotiations be 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 A reement_ 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 to taxable costs, and attorneys' fees and costs incurred by the prevailing party or 6521'7.6 7 08/13/1997 08:15 120E6822187 DE MAXIMIS, INC. AUG -OS -97 08 SS VROM.LANDELS UlAMUNV 11-Jr41U PAGE 11 .. parties, in addition to all other relief and remedies to which the prevailing party or parties may be entitled. 7. )(eoution. This Agreement may be signed in counterparts, all of which together shall constitute one original, 8. Effective Date. The effective date of this Agreement , , 1997. CITY (- a YPKIMA By: Its: / /(4, FAIRCHILD SEMICONDUCTOR CORPORATION By: !t9: TT CORPORATION By: Its MCKESSON CORPORATION By: Its: PHILIPS SEMICONDUCTORS, INC. 8 ATTEST: 41-6_ City Clerk 85217 AUG -05-97 09=23 FROM:LANDELS RIPLEY DIAMOND 3 ID_415 512 8750 PAGE 10/12 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 t uist- , 1997. CITY 0 AKIMA By: Its: c 1'32 sev/J /1.6E k FAIRCHI SEMICONDUCTOR CORPORATION Its: IT CORPORATION By: Its: MCKESSON CORPORATION By: Its: PHILIPS SEMICONDUCTORS, INC. 8 /1 T TEST: �� C ty Clerk tt 94' Y CR *0: 97-98 AE$CWPtte MD: 85217.6 AUG -05-S7 09:05 FROPI:LANDELS RIPLEY DIAMOND 3 ID:415 512 8750 PAGE 10/32 parties, in addition to all other relief and remedies to which the prevailing party or parties may be entitled_ 7. gxecution_ This Agreement may be signed in, counterparts, all of which together shall constitute one original_ 8. Effective Date. The effective date of this Agreement pp is P i 1997 , CITYIMA By: its: L 1T`7) Zvi, t- iA6,_ FAIRCHILD SEMICONDUCTOR CORPCRATION By: Its: IT CORPORATION By: Its: MCKE ON CC4PO'TION By: Its: PHILIPS SEMICONDUCTORS, INC. ATTEST: City Clerk 85219.8 ti 6 d HM)POG95E 'OSI/fi 1: b l IS/L14.1 L 6 l "20 (111) 8# TI 'sNI?IIVIONVHZVq WOU 08/12/97 TUE 15:12 FAX 206 623 7022 P G & E SEATTLE AUG -05-97 09:14 FRt7M, LANDEi-s R I PLEY DIAMOND 3 10,415 c, i< or. By: Its: XEROX CORPORATION By Its: TOSCO CORPORATION By: Its: 9 0011 65217 6 08/05/97 TUE 09:12 (TX/RX NO 5409] AUG -11-97 14:18 FROMLANDELE RIPLEY DIAMOND 2 ID.415 E12 13760 PAGE 11/11 Sy: Its : XEROX CORPORATION By: It:8 ,k,e6 (g4Pe TOSCO CORPORATION By Its: 9 xoes)-A G,cpAT-aofq $5217.6 AUG -05-97 08:59 FROM:LANDELS RIPLEY DIAMOND 3 By: Its: XEROX CORPORATION By: Its: TOSCO CORPORATION ID:415 512 8750 PAGE 11/12 9 65217.6 08/05/97 TUE 08:57 [TX/RX NO 5375] BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STA 1'hMENT Item No. a I A For Meeting Of $-5-9 7 I 1 EM TITLE: Ninth Avenue Waterrain Project, Mead Avenue to Fremont Street SUBMITTED BY: Dept. of Community and Economic Development, Engineering Div. CONTACT PERSON/1 ELEPHONE: 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 Map Funding Source Cameron -Yakima Working Group APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt the attached Resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL AL HON: S 12TH AVE 11TH AVE 3TH AVE SWO31VHm S 14TH AVE Ti0 Ti m O 33 A D3 m • cn QUEEN AV S 1 1TH AVE —1 L 0 z S 14TH AVE° Z m G) S 13TH AVEm (1) 3> — 4 S 12TH AVEm QUEEN AVE SAV VDDA z PLEASANT AVE m 0 CO F'• r— CO m co m 33 m rm- (1) S 14TH AVE OUE N AVE S 12TH AV 0 0 0 r- 0 S 10TH AVE S 9TH AVE S eT AVE S 7TH AVE WE S r- r- r- S eTH AV m z m S 8TH AVE33 S 9TH AVE :74 z in CORNELL AVE NO AVE 3 1ST AVE LANDON AVE aIRDS 04 40N ROCK A E LEDWICH AVE VOEL ER AVE CORMAN EN LONGFIBRE RD rn —1 z m z 0 33 m m CORNELL AVE S 6TH AVE S 4T -I AVE m HANRATTY S ETH AV -or > flIt 7' 0 S 3RD AVE (BROADWAY) S 2ND AVE 0) m 33 (I) m 33 LANDON AVE ,>, z G) 0 0) -o m m 1 0 cn 0 ---- ---- --- LEDWICH AVE ------- ---------- ---- -- --- ---- --- --- AVE VOELKER AVE- -- ------ -------- --- --- - --- r) __________-------------- _--------- ....-1 _______--------------,..„-------------- ., z D 13 --- --- 0 0 --- 1 _--- --- -- --- — --- --- ---- -- --- -- -- --- --- --- --- ,--- -- -----1 > mVOELKER 33 SNm CHES r - AVE 33 11 m