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Home My WebLink About4204 Resolution - Bonneville Supplement No. 1 - Process Water Resue Facility Phase 1 RESOLUTION NO. 4204 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE THE LAND USE AGREEMENT SUPPLEMENT NO. 1 WITH THE UNITED STATES OF AMERICA, DEPARTMENT OF ENERGY, BONNEVILLE POWER ADMINISTRATION (BPA) FOR THE PROCESS WATER REUSE FACILITY (PWRF) PHASE 1 PROJECT. WHEREAS, the City and BPA entered into Land Use Ageement No. 20190233 on July 10, 2019, for use of the BPA Easement area for the purpose of construction/installation, use and maintenance of a sewer line; and WHEREAS, Land Use Agreement No. 20190233 grants the City permission to use portions of the real property subject to the BPA Easement for three (3) underground 20" sewer force main crossings; and WHEREAS, Supplement No. 1 to the Land Use Agreement is necessary to supplement the agreement to use portions of the real property subject to the BPA Easement for the construction/installation, use and maintenance of a(1) - 20" HDPE water line buried at 4.5'+, (1) - 20" HDPE sewer line buried at 4.5'+, (1} - 10" HDPE sewer line buried at 3.5'+, (2) - 6" 13.8kV power lines, and (1) - 2" fiber line; and WHEREAS, pursuant to RCW 35A.13.230 and 35A.11.010 the City Council has the authority to control its real and personal property interests; and WHEREAS, the City of Pasco currently has a property interest, Land Use Agreement, allowing the City use of the BPA easement for construction/installation, use and maintenance of its sewer line which requires modification to allow placement of additional HDPE pipe implicating Council approval. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON: That the City Manager, for the City of Pasco, is hereby authorized to execute Land Use Agreement Supplement No. 1 to the Agreement, a copy of which is attached hereto, and incorporated by this reference as Exhibit A. Be It Further Resolved,that this Resolution shall take effect immediately. Resolution—CO-1 for Water Storage Reservoir Zone 3 Progressive Design Build Project- 1 PASSED by the City Council of the City of Pasco, Washington this 18th day of July,2022. —� , c Blanche Bara�as Mayor ATTE5T: APPROVED AS TO FORM: �� d�- Debra Barham, CMC Ket • rguson Law, PLLC City Clerk y Attorneys Resolution—CO-1 for Water Storage Reservoir Zone 3 Progressive Design Build Project-2 EXHIBIT A � � Department of Energy '' �` Bonneville Power Administration � ,�;' � 2211 North Commercial Avenue Pasco, WA 99301 July 15,2022 In reply to: TERR-Tri-Cities-RMHQ BPA Case No.: 20190233 Tract Nos.: B-F-16-A-41,H-P-16-A-60 Line Names: Hanford-Pasco Line(operated as Benton-Franklin No. 1) Benton-Franklin No. 2 ADNO Nos.: 9210, 9211 Location: Structure Nos.: 16/4- 16/5 LAND USE AGREEMENT SUPPLEMENT NO. 1 Consent to Use of BPA's Easement Area This Land Use Agreement Supplement is entered into by and between the United States of America, Department of Energy, Bonneville Power Administration("BPA")and City of Pasco("Holder"). Whereas BPA holds easement rights ("BPA Easement") over the following described property ("BPA Easement Area"): That portion of the SW1/4NW1/4 of Section 4, Township 9 North, Range 30 East, Willamette Meridian, Franklin County, State of Washington, as shown on the attached segment of BPA Drawing No. 5031b,marked as Exhibit A. Holder had requested BPA's permission to supplement the agreement to use portions of the real property subject to the BPA Easement for the construction/installation, use and maintenance of a (1)-20" HDPE sewer line buried at 4.5'+and(1)- 10"HDPE sewer line buried at 4.5'+,20"HDPE waterline buried at 3.5+, (2)-6" 13.8kV power lines and(1) -2" fiber line("Holder's Facility"). Subject to the terms and conditions set forth in Land Use Agreement 20190233,BPA consents to Holder's use of the BPA Easement Area for the purpose proposed by Holder,and concurs that such use will not interfere with the current operation and maintenance of BPA's transmission facilities, if constructed in the manner and at the location shown on Exhibit A, attached hereto and made a part hereof. Additional terms and conditions specific to Holder's Facility are included as part of this Agreement as E�ibit B, attached hereto and made a part hereof. Holder's contact information: NAME: City of Pasco ADDRESS: 525 N 3rd Avenue Pasco,WA 99301 PHONE: (509)543-5738 EMAIL: worleys@pasco-wa.gov Holder agrees to notify BPA in writing of any changes to the above listed contact information. All other terms and conditions of the Land Use Agreement dated June 11, 2019 shall remain the same. This Agreement becomes effecNve upon the signature of all parties. Holder Date Print Name Title(if applicable) THIS AGREEMENT IS HEREBY AUTHORIZED: Realty Specialist Date Bonneville Power Administration NOTE: Execution in Counterparts; Electronic Si�nature; Electronic Transmittal. This Land Use Agreement may be executed in counterparts, each of which will be deemed an original, but a11 of which constitute one and the same instrument. Electronic or digital signatures shall be deemed original signatures for purposes of this Land Use Agreement. Said counterparts may also be transmitted by one Party to the other by facsimile or electronic mail. BPA seeks help maintaining the integrity of the electrical transmission system. Please report any vandalism or theft to the BPA Crime Witness program at 1-800-437-2744. Cash rewards of up to $25,000 will be paid should information lead to the arrest and conviction of persons committing a crime. If you have any questions or concerns, please notify a BPA Realty Office. You may contact a ("BPA Representative") by telephone at (800) 282-3713 or send written correspondence to the address listed at the top of this Agreement. 2 Case No.: 20190233 Tract Nos.:B-F-16-A-41,H-P-16-A-60 EXHIBIT B ADDITIONAL TERMS AND CONDITIONS 1. The pipelines are approved at the location shown on the enclosed plan. 2. The pipelines, cable and fiber shall maintain a minimum horizontal clearance of 25 feet to the point where wood poles and guy anchors enter the earth. 3. Bury and maintain the pipelines to a depth of 36 inches to meet BPA requirements. 4. Any portion of Holder's Facilities constructed on BPA's Easement Area shall be designed and built to withstand HL-931oading for BPA's heavy vehicles. 5. Mark the location of the underground Pipelines and Cables/Fiber with permanent signs and maintain such signs where they enter and leave BPA's Easement Area, and at any angle points within BPA's Easement Area. BPA will not be responsible for damage to facilities not visibly marked. 6. The underground cables/fiber shall be placed in conduit. Only non-conductive materials, conduit and inner duct are to be installed on BPA Easement Area. 7. Bury and maintain the cables/fiber to a depth of 30 inches to meet BPA requirements. 8. BPA has identified counterpoise(grounding wire)located in the vicinity identified for use by Holder. Holder must take care to ensure that counterpoise is not broken or damaged. 5hould counterpoise be dug up,exposed,or broken during Holder's construction activities, Holder must immediately contact the BPA Representative listed at the bottom of Page 3 of the Agreement, so that arrangements can be made to have it repaired. 9. Holder shall not obstruct access to BPA's Easement Area or transmission line system.BPA personnel and/or its contractors must have access all times. 10. Construction equipment shall maintain a minimum distance of 15 between the equipment and transmission line conductors at a11 times. Do not measure this with measuring tape, pole or other physical means. If there is the possibility that any equipment can encroach on this distance,then a safety watcher will be required. 11. BPA's Easement area shall be returned to its original condition following construction. No grade changes to facilitate construction or disposal of overburden shall be allowed. Any damage to BPA property resulting from the proposed Easement use shall be repaired at the applicant's expense. 12. Holder shall not store flammable materials or refuel vehicles or equipment on BPA's Easement Area. 13. Notice: Nuisance shocks may occur on BPA's Easement Area. Grounding metal objects helps to reduce the level of shock. It is suggested that construction equipment be grounded with a drag chain. 3 Case No.:20190233 Tract Nos.: B-F-16-A-41,H-P-16-A-60 Approximate location of �E C 4 T 9 N R 3 0 E W M FRANKLf�V �i0U1VTY, N/AaNINGTOh underground crossing to include(1) -20" HDPE Sewer Line Buried At � 4.5'+, (1)- 10"HDPE Sewer Line � Buried At 4.5'+, (1)20"HDPE ��c � Waterline Buried At 3.5"+, (2)-6" ,�C' 13.8kv Power Lines and(1)-2" �,'� ��j Fiber Line ,•r� f�170N-FRANKLIN LlN 115 KV 54?'S2'�9'� ,��o S42°52'�9 E � 7' `� ��{a ._�Y ' ,� �I� ----- -- -- .... .. _ _ .. ....:: _ � _. ��i -- �' o C6 16 �.� �+ r ''` x r �3 4 �'� Q� // ,� ry � o �°' � '' � e» h; � � � � `� �W � N ��OQ�ZJ�ITAL ��GfiLE ��=200 � � 3 iCO ° `r'" - USBR MO�?� :o c zc .. S 9! 2;::6_� 0 `4'�y, vE47;('AL SGa'.F ��=20' / f%50 H!!..'% � 4,��g, w �s ti � a� EXHIBIT A CITY OF PASCO CASE NO.20190233 SUPPLEMENT N0. 1 TRACT NO. B-F-16-A-41, H-P-16-A-60 (1)-20" HDPE SEWER LINE BURIED AT 4.5'+, (1)- 10" HDPE SEWER LINE BURIED AT 4.5'+, (1)20" HDPE WATERLINE BURIED AT 3.5"+AND(2) -6" 13.8KV POWER LINES AND (1)-2" FIBER LINE _- - _- - - -_-_ ,�.: �i.�r , - .. ,,.�i�i �r � I PORTION OF THE SW1/4NW1/4 of SEC 4, � B�N�`0'N —�'Rd�hlK�IN LIN� f�d 2 TWN 9 N, RNG 30 E,WM, FRANKLIN ��S..,y $V}�tii�F � .cu�, ,NA��;��P�ss��r N= COUNTY,STATE OF WASHINGTON MIL� d6 FFiOM �ENTpN ! rr-•LE 3� iROM HANFORC I PORTION OF BPA DRAWING NO.50316 "`w:�. . ��.,,� "� � ,�� ++j ! r-� �� -- 'S��ud�.�'r..�'� 23 50 ' 18 uw 21 BENTON-FRANKLIN LINE NO.2 ` ' ��M� ��`�v 503 u 6 � ��-�-��'-�r i i � � � �.� . - �-_,_ o ��,-� -,. �- Q _."�— •, T� � � . a - _ � _ . � _ .� � � . _ a � � � w � � 0 � Z .4 =_' v � _ W R r �� .. � J • k _ — r .' � � �� :�� a � _ . c� , -�___. � , 0 J � i�'_�-;�:, - .,� __ - v' �' '�� •�,`' `:�.'-_- r - � - � � � �9-,.�,� �r. 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