HomeMy WebLinkAbout1071 Resolutioni
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RES:OLUT LON N.O. 1071
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A RESOLUTION OF THE CITY OF PASCO AUTHORIZING THE CITY
TO ENTER INTO,A CONTRACT WITH THE STATE HIGHWAY DEPARTMENT
..;WHEREAS, the City Council of the City of Pasco deems it in the
City's best interest to enter into Agreement G C 3717• with. the
Highway Department, now, therefore, the City Council of the City
of Pasco hereby resolves as follows:
Section 1. The City Manager is hereby authorized and directed
to execute on behalf of the City Supplement Agreement G C 3717 with
the State Highway Department, a copy of said agreement is attached
hereto and by this reference incorporated herein.
Section 2. This resolution shall become in full force and
effect after its passage and as required by law.
PASSED and APPROVED by the City Council this 15 day of
February
1977. "
41
Ja idrick, Mayor
ATTESTE� :
Leo E. Olney, Ex Officio Cit y�lerk
APPROVED:
Patrick T. Roach, City Attorney
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HIGHWAY COMMISSION
DEPARTMENT 01- 1IGHV1'AYS
Highway Administration Building
Olympia, Washington 98504 (2061 753-6005
Mr. George Smith
City Manager
City of Pasco
P. 0. Box 293
Pasco, Washington 99301
Dear Mr. Smith:
state
*,
tment of
Dixy Lee Ray - Governor
` W. A. Bulley - Director
..
February 4, 1977
Contract 9883
Pasco -Kennewick Intercity Bridge
FAM -5015(1) and BRM 5015(2)
I am returning herewith the proposed Supplemental Agreement to GC 3717 which
has been prepared in accordance with the discussions between yourself and
Mr. Gray.
You will note that Section I is in accord with our previous correspondence
and your transmittal of January 25. The remaining items in your transmittal
of the 25th have been resolved as follows and I understand have been discussed
in detail with you over the telephone by Mr. Gray.
1. The period of loan has not been extended beyond June 30, 1977 nor the
1.1 million dollars. It is my understanding you have been advised that
we are of the opinion that the Highway Commission would not look favorably
on such an extension and that for that reason you have withdrawn your
request.
2. The words "becoming due and payable" have been inserted in the agreement
to cover the eventuality which you mention.
3. A fixed interest rate has not been incorporated into the supplemental
agreement upon the advice of the Assistant Attorney General. Although
the law is not specific on this point it is thought that the Department
should receive interest rate at the same rate they have to pay if it
becomes necessary for us to make an interagency loan.
4. We have incorporated into the supplemental agreement a $25,000 revolving
fund per your request.
Howard Sorensen, Chairman
A. H. Parker
flrnm .• ,�
Virginia K. Gunby
Julia Butler Hansen
Lorna Ream
C,,4 a.
Lue Clarkson
,r i, ary
Page two
Mr. George Smith February 4, 1977
As it relates to your request for a change in the original agreement GC 3717
related to change orders, I understand you have been advised that although
the Department has the authority and responsibility for change orders, that
we cannot commit federal funds on the basis of our signature. Mr. Gray
expects to have a meeting with the Federal Highway Administration in the
near future in an effort to clarify change order approval and I am sure
Mr. Cross will be advised of the results of that meeting.
I am sure you can recognize that I do not have the authority to change
Mr. Sorensen's letter.of January 19 as you suggested. I can contact Mr.
Sorensen, however, if you deem it of significant importance. At this time
this item is held in abeyance until we hear further from you on the subject
if you so desire.
I trust that you will find this draft of the supplemental agreement satis-
factory to the Intercity Bridge Committee and that it can be executed
expeditiously. I am sure you recognize the urgency of having this supple-
mental agreement finalized well in advance of the March 1 date so that no
delays will occur in payments to the contractor or the consultant. If you
have any questions, please feel free to contact either myself or Mr. Gray
and we will do our utmost to continue to respond to the cities' request.
Very truly yours,
W. A. BULLEY
Director of Highways
WAB :me
SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT, made and entered into this day of
1977, by and between the CITY OF PASCO,
WASHINGTON, and the CITY OF KENNEWICK, WASHINGTON (jointly referred to herein-
after at times as the "CITIES"), and the STATE OF WASHINGTON, acting by and
through the Washington State Highway Commission .and the Department of Highways,
hereinafter called the "STATE", WITNESSETH:
WHEREAS, the parties hereto intered into an agreement dated the 23rd day of
January, 1975, providing for the construction of a new four -lane bridge over the
Columbia River between the cities of Pasco and Kennewick parallel to the existing
Columbia River bridge (hereinafter referred to as the "Project"); and
WHEREAS, the cities have been unable to secure sufficient financing to
continue to meet their obligations to pay 25 percent of the construction expendi-
tures on this federal -aid project for the period of March 1, 1977 through June 30,
1977 as required by existing federal law and FEDERAL -AID PROJECT AGREEMENT NUMBERS
BRM 5015(2) and FAM 5013(1); and
WHEREAS, the cities are actively seeking and anticipate obtaining a revision
of federal law in the Spring of 1977 reducing the cities' matching requirements
for the Project to a percentage less than 25 percent; and
WHEREAS, the cities have requested the STATE to provide state motor vehicle
funds as may be required to enable the cities to obtain federal -aid matching funds
for the construction of the Project in accordance with and to meet the obligations
becoming due and payable by the aforesaid federal -aid project agreements for the
period of March 1, 1977 through June 30, 1977, said advancements to be reimbursed
promptly to the motor vehicle fund upon the revision of federal -aid matching
requirements;
NOW, THEREFORE, in consideration of the STATE advancing motor vehicle funds
to the CITIES to obtain federal -aid matching funds for the construction of the
Project as provided herein, the CITIES OF PASCO and KENNEWICK agree and covenant
as follows: I
I
The CITIES, in dealing with the Highway Commission on matters relating to
the Bridge, will be represented by the Elected City Officials or their respective
City Managers. The CITIES shall meet with the STATE from time to time to review
the progress of the project and its financial status.
II
The STATE agrees to provide motor vehicle funds appropriated to the
Washington State Highway Commission (for reimbursable expenditures for construc-
tion of city street projects) for Project expenditures becoming due and payable
during the period from March 1, 1977 through June 30, 1977 only, as may be neces-
sary to enable the cities to obtain federal -aid matching funds for the construc-
tion of the Project in accordance with and to meet obligations established by
FEDERAL -AID PROJECT AGREEMENT NUMBERS BRM 5015(2) and FAM 5015(1) and Section
110 of Title 23 U.S.C. In the event federal law is revised to reduce the cities'
matching requirements with respect to federal bridge replacement funds to a per-
centage less than 25 percent and such matching requirement is retroactive and
applicable to all prior expenditures for construction of the project resulting
in a remittance to or on behalf of the cities for prior overpayments of their
share of construction costs, then in such event the cities agree to reimburse
promptly the motor vehicle fund for advances as authorized hereinabove: PROVIDED,
That in the event the matching ratio for federal/city participation in the cost of
constructing the project has not been changed to reduce the city matching require-
ments by July 1, 1977, or in the event for any reason the cities do not receive a
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cash remittance for overpayment of their share of construction expenditures suf-
ficient to repay advances from the motor vehicle fund, then in either such event
the aforesaid advances by the STATE from the motor vehicle fund shall be deemed
a loan to be repaid to the motor vehicle fund through withholding a portion of
the cities' motor vehicle fuel tax apportionments as provided in paragraphs III,
IV and V hereinbelow.
III
In the event that advances made pursuant to paragraph II hereinabove are not
reimbursed to the motor vehicle fund by July 31, 1977, each such advancement from
the motor vehicle fund shall bear interest from the date made at an annual rate
of 5.65 percent. Beginning with July 1, 1977, and with the beginning of each
fiscal year thereafter, the annual rate of interest shall be adjusted to the cur-
rent interest rate as fixed by the State Finance Committee in accordance with
ch. 43.33 RCW and RCW 43.84.110. Such loan is made to the CITIES upon the ex-
press condition that the expenditures of local funds committed by them for the
construction of the project, including the funds obtained by the total amount of
councilmatic bonds authorized by the respective city councils, are spent except
the sum of $25,000.00 as provided in paragraph IV below. In addition, any funds
committed to the Project that become available to the CITIES shall be immediately
transmitted to the STATE for payment of Project costs. The estimates for Project
costs and funding for March 1, 1977 through June 30, 1977 are set forth in Exhibit
"A" attached hereto..
IV
In consideration of improving accounting procedures for the CITIES, the
CITIES authorize and direct the Pasco City Manager to establish and administer a
revolving fund account, limited to $25,000.00. This account will be originally
funded with the $25,000.00 as described in the preceding paragraph. The account
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will be used.to pay the cities' matching share of incurred project administrative
expenses provided that these expenses are eligible for Federal participation at
the current matching ratio. The procedure for payment of these expenses is to
pay the obligations as they occur, bill the STATE for the FEDERAL matching share
of the expenses and reimburse the revolving fund account upon receipt of the
Federal funds, thus resulting in a declining account balance. The State agrees
to refund the account as needed as part of the loan described herein if the account
is depleted before termination of this agreement.
u
In consideration -of the STATE loaning funds to the CITIES as provided in
paragraph II above, the CITY OF PASCO hereby authorizes and directs the State
Treasurer.to continue to withhold monthly the sum of $6,250 from the CITY OF
PASCO's motor vehicle fuel tax apportionments, and such funds withheld through
June 30, 1977 shall be applied to Project costs. The monthly withholding shall
be reviewed and adjusted at the beginning of each fiscal year. Beginning with
July 1, 1977, and with each fiscal year thereafter, the amount to be withheld
shall be adjusted to fifty percent (50%) of the entire anticipated average monthly
motor vehicle fuel tax apportionments available to the CITY OF PASCO. Beginning
July 1, 1977, the State Treasurer shall first deduct accrued interest on the prin-
cipal outstanding from the sum withheld each month, and the remaining amount of
the sum withheld each month shall be applied to principal on the loan until the
loan has been fully repaid to the STATE, including interest thereon.
VI
In consideration of the STATE loaning funds to the CITIES as provided in
paragraph II above, the CITY OF KENNEWICK hereby authorizes and directs the State
Treasurer to continue to withhold monthly the sum of $7,333 from the CITY OF
KENNEWICK's motor vehicle fuel tax apportionments, and such funds withheld
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through June 30, 1977 shall be applied to Project costs. The monthly withholding
shall be reviewed and adjusted at the beginning of each fiscal year. Beginning
with July 1, 1977, and with each fiscal year thereafter, the amount to'be with-
held shall be adjusted to fifty percent (50%) of the entire anticipated average
monthly motor vehicle fuel tax apportionments available to the. CITY OF KENNEWICK.
Beginning July 1, 1977, the State Treasurer shall first deduct accrued interest
on the principal outstanding from the sum withheld each month, and the remaining
amount of the sum withheld each month shall be applied to principal on the loan
until the loan has been fully repaid to the STATE, including interest thereon.
VII
The CITIES agree to hold the Federal Government and the STATE harmless from
any and all costs, claims, demands, and obligations of whatsoever nature arising
from or by reason of the STATE's participation iri the Project. The CITIES fur-
ther agree to defend at their own costs, all suits or actions of whatsoever nature
brought against the CITIES, Federal Government, and/or the STATE arising from the
performance of construction Contract No. 9883 in connection with the Project or
arising by reason of the STATE's participation in the Project. PROVIDED, nothing
herein shall require the CITIES to reimburse the STATE or the Federal Government
for damages arising out of bodily injury to persons or damage to property caused
by or resulting from the sole negligence of the Federal Government, the STATE
agents or employees.
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VIII
Except as provided herein, all terms of Agreement GC -3717 and Supplements
thereto remain in effect.
Approved as to form:
Assistant Attorney General
. 1977
STATE OF WASHINGTON
Department of Highways
By
CITY OF PASCO
By
CITY OF KENNEWICK, WASHINGTON
By
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EXHIBIT "A"
Estimated Project Costs and Funding
Payment to
Payment to
March 1977
$ 975,000
$ 90,000
.$1,065,000
April
975,000
90,000
1,065,000
May
975,000
90,000
1,065,000
June 1977
975,000
90,000
1,065,000
Total
$3,900,000
$360,000
$4,260,000
Federal Funds @ 75% $3,200,000
City Funds @ 25% $111001000
$4.3 Million
Loan Required $1.1 Million
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POST OFFICE BOX 293 1 PASCO, WASHINGTON 99301
February 16, 1977
Mr. W. A. Bulley
Director of Highways
Department of Highways
Highway Administration Building
Olympia, Washington 98504.
Re: Contract 9883 - Pasco -Kennewick Inter -City Bridge - FAM -5015(1) and
BRM 5015(2)
Dear Mr.. Bulley:
I am attaching a copy of the supplemental agreement to the above
contract (GC 3717) which has been signed by the Cities of Pasco
and Kennewick.
Also attached is a signed copy of Supplemental Letter No. 6 to Consultant
Agreement Y-1671.
We would appreciate you forwarding copies of the above agreements for
our files after they have been signed by the State Highway Department.
Sincerely,
gds:ptD
AGeo�:eJ
. Smith
encl. City Manager - Pasco
cc: Inter -City Bridge Committee
Roy Cross, Project Coordinator
Jim Somborovich, Project Administrator