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.
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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
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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
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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.
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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
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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 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.
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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
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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
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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:
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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
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XEROX CORPORATION
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TOSCO CORPORATION
By:
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AUG -05-97 08:59 FROM:LANDELS RIPLEY DIAMOND 3
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XEROX CORPORATION
By:
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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:
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