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Home My WebLink AboutR-1990-D5856 Naches SChool District• Dr 5856 RESOLUTION NO. A RESOLUTION authorizing the execution of a water improvement agreement with the Naches Valley School District. WHEREAS, the City of Yakima owns and operates a water trans- mission system in the vicinity of the Naches Valley Elementary School; and WHEREAS, the Naches Valley School District desires to provide the City of Yakima domestic water service to the Naches Valley School through the formation of a local improvement district; and WHEREAS, the Naches Valley School District wishes to facilitate the formation of a local improvement district for the afore -mentioned purpose by securing state grants and providing engineering services, plan survey studies, appraisals and legal services for such district, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated water improvement agreement with the Naches School District. ADOPTED BY THE CITY COUNCIL this day of December, 1990. ATTEST: ,d'/(26,6a5, CITY CLERK Res\Naches MAYOR • WATER IMPROVEMENT AGREEMENT This Agreement is entered into as of the - day of December, 1990 between the City of Yakima, a municipal corporation of the State of Washington (the "City") and the Naches Valley School District, a municipal corporation of the State of Washington (the "School"). WHEREAS, the School has entered in a contract with the State of Washington's Department of Health, Project Number 387790709, Contract Number 2610-00215 (the "Contract") for a preliminary grant of $97,149 to aid in the financing of the construction of a proposed water supply project (the "Project") described as follows: 12 INCH WATER MAIN CONSTRUCTION: Beginning at the City of Yakima's existing water line located north of the railway; thence north on Gleed Road approximately 5,650 LF to the Naches Valley Elementary School. WHEREAS, the School has filed a petition with the City requesting that the City create a Local Improvement District ("LID") to finance the costs of the Project that are not covered by the grant from the State; and WHEREAS, it is in the best interests of the parties to enter into this Agreement to expand on the parties' responsibilities regarding the Project; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the City and the School agree as follows: Section 1. Protest of LID. The School has requested that the City create the LID by the end of 1990 in order to ensure that the School can meet the schedule required by the Contract. The School hereby states that it does not intend to and formally waives its right to protest the formation of the LID pursuant to RCW 35.43.180 or to appeal the formation of the LID to superior court pursuant to RCW 35.43.100. Section 2. Preformation Expenses. The School has paid and will continue to pay the cost of the preparation of engineering plans, surveys, studies, appraisals, legal services and other expenses associated with the Project and to be financed by the LID. As permitted by RCW 35.43.184, the City and the School hereby agree that the School shall be reimbursed for the costs it incurs for such preformation work from the proceeds of bonds issued by the LID. The School agrees that it shall only be reimbursed from bond proceeds and that if the LID is not created and bonds are not issued it will not be reimbursed for such expenses. All preformation work shall be conducted under the direction of the City Engineer. The School shall submit to the City detailed invoices showing the costs incurred, a description of the services performed, and the persons performing such services. All invoices for costs to be reimbursed shall be submitted to the City no later (P-7 -o (.:q than three weeks prior to the issuance of the bonds. If the School 411 is not the owner of the property within the LID at the time the LID bonds are issued, the reimbursement shall be made to the new owner. Section 3. Engineer's Estimate, Design Plans and Specifications. The School shall provide the City with an engineer's estimate of the cost of the Project and 30 sets of final design plans and specifications for the Project that have been approved by the City Engineer. Section 4. Bid Advertisement, Opening Bids, Award and Execution of Contract. The City shall advertise and open bids for the Project in accordance with the Yakima Municipal Code, Chapters 1.80 and 8.12. The bid advertisement shall include the following statement: "This project is partially financed by a grant of Referendum 38 funds administered by the State of Washington's Department of Health." The award and execution of the contract for the construction of the Project shall be in accordance with the WSDOT/APWA Standard Specifications, 1988 APWA Amendments to Division One. Section 5. State of Washington Contract. The City will provide the School as soon as reasonably practical with copies of the following documents relating to the construction of the Project: a. Bid tabulation listing showing unit prices for all items, all extensions, total amount of bid, sales tax percentage, total amount for sales tax, and total cost including sales tax. b. Bid advertisement. c. Signed contract bid documents. d. Contractor award letter. e. Notice to proceed letter. f. Payments made (disbursement requests), including invoices and progress estimates. g. Inspectors daily reports. h. Letter from the City Engineer approving and accepting the Project. The School shall be solely responsible for submitting all required documentation and payment requests to the Department of Health pursuant to the Contract. The School shall submit to the City the State's certification that construction of the Project may commence. -2- • • • The School shall submit all payment requests to the State pursuant to the Contract. The School shall immediately transfer each payment to the City. Section 6. Late -Comer's Agreement. The School may enter into a late -comer's agreement to enable it to be reimbursed from future developments for the portion of the cost of the Project financed by the LID and that benefits future developments. The late -comer's agreement shall comply with City ordinances and with the existing Gleed Water System Utility Agreement. Section 7. Hold Harmless. The School agrees to save harmless and indemnify the City against any claims relating to the Contract, including, but not limited to, any actions relating to the State's failure to make payments under the Contract. Section 8. Notices. Any notice or documents to be given under this Agreement shall be deemed properly given if delivered, or if mailed postage prepaid and addressed, to: City of Yakima Department of Engineering and Utilities 129 No. 2nd St. Yakima, WA 9890.1 Attention: Fred French Naches Valley School District P.O. Box 99 Naches, WA 98937 Attention: Superintendent The above names and addresses may be changed by either the City or the School by giving notice thereof to the other. Section 9. Assignment. Neither party may assign any right under this Agreement without the prior written consent of the other party. Section 10. Governing Law. This Agreement shall be governed by the laws of the State of Washington. Section 11. Severability. In the event any portion of this Agreement is declared to be invalid or illegal, the remainder of this Agreement shall be unaffected and shall remain in full force and effect. -3- Section 12. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements, written or oral, on its subject matter. CITY OF YAKIMA By City Manager Attest: City Clerk K:\nmn\19406-89.010\21a.2FE qc- • • -4- NACHES VALLEY SCHOOL DISTRICT Bi4c7,-74-4/Z7/ President of Attest: Super' endent a