HomeMy WebLinkAbout4764 Resolution - WSDOT Interlocal Detour AgreementResolution – WSDOT Haul Road/Detour ILA - 1
Version 1.9.26
RESOLUTION NO. 4764
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGENCY HAUL
ROAD/DETOUR AGREEMENT BETWEEN WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION (WSDOT) AND THE CITY OF
PASCO.
WHEREAS, WSDOT is administering a project at US 395/Kartchner Street interchange
northbound ramp terminal; and
WHEREAS, the project includes construction of a new roundabout at the existing
intersection of Kartchner Street and Commercial Avenue, which is currently a two-way stop
controlled intersection; and
WHEREAS, the footprint of the project is entirely within WSDOT jurisdiction; and
WHEREAS, construction of the project requires a temporary detour of traffic to provide
access to the local businesses in this vicinity; and
WHEREAS, the proposed detour utilizes segments of City streets, including Capitol
Avenue, Hillsboro Street, Commercial Avenue, and Kartchner Street; and
WHEREAS, WSDOT shall be responsible only for the maintenance and repairs of city’s
roads specifically attributable to the project use and those will be restored to their Baseline
Condition, which is established prior to starting the project construction; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into the Agency
Haul Road/Detour Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the Agency
Haul Road/Detour Agreement between WSDOT and the City of Pasco; a copy of which is attached
hereto and incorporated herein by reference as Exhibit 1; and
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of
Pasco.
Be It Further Resolved, that this Resolution shall take effect immediately.
Resolution – WSDOT Haul Road/Detour ILA - 2
Version 1.9.26
PASSED by the City Council of the City of Pasco, Washington, on this 20th day of
July, 2026.
Charles Grimm
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Gabriela Sanchez Ogden Murphy Wallace, PLLC
City Clerk City Attorney
Agency Haul
Road/Detour Agreement
Agency and Address
Agreement Number
State Route Number Control Section Number
Section / Location
Region
Intended Use (Haul Road or Detour Road)
Vehicle Restrictions
Description of Roads or Streets
This Agreement is between the Washington State Department of Transportation (WSDOT) and the above-named
governmental entity (Agency) hereinafter referred to individually as the Party and collectively as the Parties.
Recitals
1. WSDOT is planning the construction or improvement of a section of state highway as shown above;
2. WSDOT plans to use the Agency roads or streets described above and as further detailed in red on the attached
Exhibit “A” for detour routes or for hauling purposes during construction of the project, and
3. It is anticipated that use of the Agency’s roads or streets for such purposes will result in the need for additional
maintenance work on the roads or streets, the cost of which should be borne by WSDOT.
Now Therefore, pursuant to chapter RCW 47.28.140 and in consideration of the terms, conditions, and performances
contained herein, the recitals as stated above which are incorporated and made a part hereof, and any Exhibits attached
hereto, it is mutually agreed as follows:
1. PURPOSE
1.1 The Agency hereby agrees to WSDOT’s use of the roads or streets covered by this Agreement subject to the
conditions contained herein.
1.2 Immediately prior to the beginning of WSDOT’s use of the roads or streets, the Parties shall make a joint condition
inspection. WSDOT shall prepare a “Memorandum” of the existing condition of said roads or streets, attached
hereto as Exhibit B. The Memorandum shall include a statement of the extent and frequency of routine maintenance
operations normally carried out by the Agency, shall contain an explanation of any repair or maintenance required
prior to WSDOT’s use, and may include photographs showing condition of the existing roadway. The Memorandum
shall establish the “Baseline Condition” of the roads or streets that are the subject of this Agreement.
1.3 In the event that the Memorandum establishes the need for the repair or maintenance of the roads or streets prior to
WSDOT’s use, the Parties shall prepare an addendum to the Memorandum that provides a detailed description of
work to be performed and division of responsibilities for performance of the work. Any repair or maintenance of the
roads and streets prior to WSDOT’s use shall be documented in the addendum to the Memorandum.
1.4 The Agency agrees not to restrict the legal size, weight, or speed of vehicles using the roads or streets covered by
this Agreement except as stated above under Vehicle Restrictions.
DOT Form 224-014
Revised 09/2023
Page 1 of 4
City of Pasco
525 N. 3rd Avenue
Pasco, WA 99301
HR5-1004
US 395 1101
US 395/Kartchner Street interchange northbound ramp terminal at milepost
23.69
South Central Region
Detour Road
N/A
The work proposed under this Agreement is to provide access to the local
businesses on North Commercial Ave. through the use of Kartchner St., North
Capitol Ave., East Hillsboro St., and North Commercial Ave.
1.5 It is expressly understood that WSDOT shall be responsible only for the maintenance and repairs of the Local
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streets covered by this Agreement the Parties will conduct a joint inspection to identify any damage to the roads
or streets occasioned by WSDOT’s use thereof. The Baseline Condition as established in the Memorandum, and
any addendum thereto, will be used for purposes of comparison. The Parties shall document the need for repair
or maintenance of the roads or streets based on WSDOT’s use and shall determine the cost of the required
maintenance and repair to restore the roads or streets to the Baseline Condition.
1.6 WSDOT shall reimburse the Agency for the actual direct and related indirect costs of the required maintenance
and repairs to restore the roads or streets to the Baseline Condition or WSDOT shall complete the repair to the
satisfaction of the Agency.
1.7 When indicated by a check mark in the box the Agency is a county, WSDOT and the Agency acknowledge that
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2. PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance of this Agreement shall commence on and
be completed on unless terminated sooner as provided in this Agreement or extended through a
properly executed amendment.
3. LEGAL RELATIONS
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any other Party. No joint venture or partnership is formed as a result of this Agreement.
3.2 The Parties shall be deemed independent contractors for all purposes, and the employees of the Parties or any of
their contractors, subcontractors, consultants, and the employees thereof, shall not in any manner be deemed to be
employees of the other Party.
4. INDEMNIFICATION
4.1 To the extent allowable under law, each Party to this Agreement will protect, defend, indemnify, and save harmless
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such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and property), arising
out of, or in any way resulting from, each Party’s negligent acts or omissions with respect to the provisions of this
Agreement. Neither Party will be required to indemnify, defend, or save harmless the other Party if the claim, suit, or
action for injuries, death, or damages (both to persons and property) is caused by the sole negligence of the other
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or employees, and/or involve those actions covered by RCW 4.24.115, the indemnity provisions provided herein
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employees.
4.2 The Parties agree that their obligations under this section extend to any claim, demand, and/or cause of action
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mutual negotiation, hereby waive, with respect to each other only, any immunity that would otherwise be available
against such claims under the Industrial Insurance provisions of Title 51 RCW.
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5. DISPUTE RESOLUTION
5.1 The Parties shall work collaboratively to resolve disputes and issues arising out of, or related to, this Agreement.
Disagreements shall be resolved promptly and at the lowest level of hierarchy. To this end, following the dispute
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7KH3DUWLHVGHVLJQDWHGUHSUHVHQWDWLYHVVKDOOXVHWKHLUEHVWHႇRUWVWRUHVROYHGLVSXWHVDQGLVVXHVDULVLQJRXW
of or related to this Agreement. The representatives shall communicate regularly to discuss the status of the
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the performance of this Agreement and the resolution of any disputes or issues arising during the term of this
Agreement.
DOT Form 224-014
Revised 09/2023
Page 2 of 4
August 3rd, 2026
October 31st, 2026
5.1.2. A Party’s representative shall notify the other Party in writing, with email being acceptable, of any dispute or
issue that they believe may require formal resolution. The representatives shall meet within five (5) working
days of receiving the written notice and attempt to resolve the dispute.
5.1.3. In the event the representatives cannot resolve the dispute or issue, the Agency Public Works Director
and WSDOT’s Region Administrator, or their respective designees, shall meet and engage in good faith
negotiations to resolve the dispute.
5.1.4. In the event the Agency and WSDOT cannot resolve the dispute or issue, the Agency and WSDOT shall
each appoint a member to a Dispute Board. These two members shall then select a third member not
affiliated with either Party. The three-member board shall conduct a dispute resolution hearing that shall be
informal and unrecorded. All expenses for the third member of the Dispute Board shall be shared equally by
both Parties; however, each Party shall be responsible for its own costs and fees.
6. RECORDS AND AUDIT
All records related to the Work performed under this Agreement shall be held and kept available for inspection and audit
for a period of six (6) years from the date of termination of this Agreement or any final payment authorized under this
Agreement, whichever is later. Each Party shall have full access to and right to examine said records, during normal
business hours and as often as it deems necessary. In the event of litigation or claim arising from the performance of this
Agreement, the Agency and WSDOT agree to maintain the records and accounts until such litigation, appeal or claims are
finally resolved. This section shall survive the termination of this Agreement.
7. TERMINATION
7.1 This Agreement may be terminated, without penalty or further liability as follows:
7.1.1 Termination for Convenience
This Agreement may be terminated for convenience by WSDOT at any time. The notice of intent to terminate for
convenience shall be issued in writing no less than thirty (30) working days in advance of termination. WSDOT shall
not be liable to the Agency for any direct, indirect, or consequential damages arising solely from termination of this
Agreement.
7.1.2 Termination for Cause
This Agreement may be terminated for cause by either Party if the other Party does not fulfill in a timely and proper
manner its obligations under this Agreement, or if the other Party violates any of the terms and conditions of this
Agreement. The notice of intent to terminate for cause shall be issued by a Party in writing and the other Party shall
have the opportunity to correct the violation or failure within fifteen (15) working days of the date of the notice. If the
failure or violation is not corrected within the time allowed, this Agreement will automatically terminate.
7.1.3 Termination for Withdrawal of Authority
This Agreement may be terminated by WSDOT in the event that WSDOT’s authority to perform any of its duties
is withdrawn, reduced, or limited in any way after the commencement of this Agreement. The notice of intent to
terminate for withdrawal of authority shall be issued by WSDOT in writing no less than seven (7) calendar days in
advance of termination. No penalty shall accrue to WSDOT in the event termination under this section is exercised.
This section shall not be construed to permit WSDOT to terminate this Agreement in order to acquire similar
services from a third-party.
7.1.4 Termination for Non-Allocation of Funds
This Agreement may be terminated by either Party if insufficient funds are allocated or appropriated to the Party to
continue its performance of this Agreement in any future period. The notice of intent to terminate for non-allocation
of funds shall be issued in writing no less than seven (7) calendar days in advance of termination.
7.2 Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior
to termination.
8. GENERAL
8.1 Assurances. The Parties agree that all activity pursuant to this Agreement shall be in accordance with all applicable
federal, State, and local laws, rules, and regulations as they currently exist or as amended.
DOT Form 224-014
Revised 09/2023
Page 3 of 4
8.2 Interpretation. This Agreement shall be interpreted in accordance with the laws of the state of Washington. The titles
to paragraphs and sections of this Agreement are for convenience only and shall have no effect on the construction
or interpretation of any part hereof.
8.3 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties executed by
personnel authorized to bind each of the Parties.
8.4 Waiver. A failure by a Party to exercise its rights under this Agreement shall not preclude that Party from the
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless
stated to be such in writing and signed by an authorized representative of the waiving Party and attached to the
original Agreement.
8.5 All Writings Contained Herein. This Agreement contains all of the terms and conditions agreed upon by the Parties.
No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist
or to bind the Parties.
8.6 Venue. The Venue of any action brought under this Agreement involving WSDOT shall be in Superior Court for
County, State of Washington.
8.7 Severability. If any term or condition of this Agreement is held invalid, such invalidity shall not affect the validity of
the other terms or conditions of this Agreement.
8.8 Authority to Bind. The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement.
9. COUNTERPARTS
This Agreement may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate shall be
deemed an original copy of this Agreement signed by each Party, for all purposes. Electronic signatures or signatures
transmitted via email in portable document format (“PDF”) may be used in place of original signatures on this Agreement.
Each Party intends to be bound by its electronic or PDF signature on this Agreement and is aware that the other Party is
relying on its electronic or PDF signature.
In Witness Whereof, the parties hereto have executed this Agreement as of the party’s date signed last below.
AGENCY
By:
Printed:
Title:
Date:
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
By:
Printed:
Title:
Date:
DOT Form 224-014
Revised 09/2023
Page 4 of 4
W. Brian White, P.E.
South Central Region Administrator
Thurston
HR5-1004
Exhibit A
Sheet 1 of 2
AGREEMENT HR5-1004
CITY OF PASCO
EXHIBIT “A”
SPECIFICATIONS AND DETAILS
The work proposed under this Agreement includes a detour to maintain access to local
businesses through the use of Kartchner St., North Capitol Ave., East Hillsboro St., and North
Commercial Ave. during the US 395/Kartchner St. I/C – Northbound ramp Terminal
Improvements Project in the City of Pasco in Franklin County, Washington.
Short Term Detour Route Details
Portions of the intersection of Kartchner St. and the US 395 northbound ramp terminal will be
closed, depending on the phase of construction, limiting specific movements and requiring
motorists to follow the posted detour to access local businesses.
The detour will consist of the use of Kartchner St. between the US 395 northbound ramp
terminal and North Capitol Ave, the use of North Capitol Ave. between Kartchner St. and East
Hillsboro St., the use of East Hillsboro St. between North Capitol Ave. and North Commercial
Ave., and the use of North Commercial Ave. between East Hillsboro St. and Kartchner St.
In accordance with Section 1.6 of the Agreement, pavement repairs will be made by WSDOT’s
contractor once usage of the detour route has ceased and will be completed by the end of the
contract. The City of Pasco will not seek reimbursement for repairs.
Duration and Time Frame: 24 hours a day for approximately 15 days between July 2026 and
September 2026.
Notification: WSDOT will notify the City’s representative 10 days prior to implementation of
the detour.
City of Pasco Representative:
Andrey Avetisyan
525 N. 3rd Avenue
2nd Floor
Pasco, WA 99301
Office: 509-544-4131
avetisyana@pasco-wa.gov
WSDOT Representative:
Andres Mendoza, P.E.
Construction Project Engineer
1655 Fowler Street
Richland, WA 99352
Office: 509-222-2440
Andres.Mendoza@wsdot.wa.gov
Exhibit 'A'
Page 1 of 2
HR5-1004
DETOUR PLAN 28
28
B. WHITE
NB RAMP TERMINAL IMPROVEMENTS
KARTCHNER ST I/C
US 395
A. MENDOZA
DU1
26Y002
U. VARGAS
U. VARGAS
P. COOPER
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KARTCHNER ST
HILLSBORO ST
COMMERCIAL AVE CLOSED
US 395 KARTCHNER ST I/C- DETOUR PLAN
395
A
V
E
LEVEL
TYPE 3 BARRICADE
TEMPORARY SIGN LOCATION
DETOUR ROUTE "PAVEMENT REPAIR EXCAVATION INC HAUL" AND "HMA FOR PAVEMENT REPAIR".
BY THIS DETOUR ROUTE SHALL BE REPAIRED BY BID ITEMS
4. AS APPROVED BY THE PROJECT ENGINEER, DAMAGES TO THE ROADWAY CAUSED
3. THE DETOUR PLAN SHALL BE USED IN CONJUNCTION WITH CLASS A SIGN PLAN.
2. COVER SIGNS WHEN NOT ON USE.
1. ALL SIGNS ARE BLACK ON ORANGE UNLESS OTHERWISE DESIGNATED.
NOTES:
CLOSED
ROAD
RO D CLOSED
LOCAL TRAFFIC ONLY
NOT TO SCALE
HILLSBORO ST
FILE NAME
TIME
DATE
PLOTTED BY
DESIGNED BY
ENTERED BY
CHECKED BY
PROJ. ENGR.
REGIONAL ADM.
REVISION DATE BY
LOCATION NO.CONTRACT NO.
JOB NUMBER
NO.
REGION
STATE FED. AID PROJ. NO.
WASH
PLAN REF NO
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22-Jun-2026
2:13:18 PM
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W SD O T
STAMP BOX STAMP BOX
AD1- NOTE ADDED 6/22/2026 ZCB
DETOUR
DETOUR DETOUR
DETOUR
DETOUR
DETOUR
M4-9R
30"
24"
48"
30"
R11-2 (B/W)
M4-9
30"
24"
M4-9R
30"
24"
60"
30"
R11-3A (B/W)
M4-9L
30"
24"
M4-9L
30"
24"
M4-9L
30"
24"
(R/B/W)
R3-2
24"
24"
Exhibit 'A'
Page 2 of 2
HR5-1004
HR5-1004
Exhibit B
Page 1 of 2
AGREEMENT HR5-1004
EXHIBIT “B”
JOINT INSPECTION MEMORANDUM
This Memorandum is to document the baseline conditions of the Agency road(s) to be utilized as
part of the detour.
Project: US 395 Kartchner St. I/C NB Ramp Terminal Improvements
Agency Road(s): Kartchner St., N. Capitol Ave., E. Hillsboro St., N. Commercial Ave.
Date of Inspection(s): 5/28/2026
Existing Conditions (circle condition and identify any areas needing attention):
Pavement Condition (including shoulders):
Excellent Good Acceptable Cracking
Pavement Condition Notes:
N Capitol Ave: all paving joints are showing early signs of cracking. Southbound lane has a
longitudinal crack about 3’ from fogline on wheelpath.
E Hillsboro St: lots of alligator cracking and a few blowouts.
N Commercial Ave: looks to be the same condition as N Capitol Ave, maybe a bit better (not as
many joints).
Kartchner St: has concrete lanes and acceptable asphalt shoulders adjacent to curb and gutter.
See pictures.
Striping Condition (circle condition and identify any areas needing attention):
Excellent Good Acceptable Worn
Striping Condition Notes:
N Capitol Ave: striping is acceptable
E Hillsboro St: has one non-existent stop bar WB at N Commercial Ave. No striping other than
that.
N Commercial Ave: stripping is worn but, visible mostly.
Kartchner St: stripping is worn but, visible mostly.
Signage Condition (circle condition and identify any areas needing attention):
HR5-1004
Exhibit 'B'
Page 1 of 2
HR5-1004
Exhibit B
Page 2 of 2
Excellent Good Acceptable Damaged
Signage Condition Notes:
Street signs are all in and visible.
Repairs:
Repairs to be completed prior to detour implementation including but not limited to delineation,
pavement repair, and clearing of obstructions (List below or indicate N/A):
1. Pasco has no plans of work until the fall, which will be crack sealing.
2. Pasco has requested that we Grind and Pave E Hillsboro St., and Crack Seal Kartchner, N
Capitol Ave and, N Commercial Ave. prior to implementing the detour. WSDOT cannot commit
to this request due to the limited funds of the project and the detoured traffic is associated with
local traffic movements, not re-routing of highway traffic on the local road. WSDOT will repair
all pavement that has deteriorated as a result of the extra vehicles on the detour route. WSDOT
will work with the city on determining these areas following the usage of the detour.
3.
4.
Routine Maintenance:
Routine maintenance will be completed by WSDOT or its contractor in accordance with standard
maintenance practices throughout the use of the detour.
HR5-1004
Exhibit 'B'
Page 2 of 2