HomeMy WebLinkAbout1307 ResolutionRESOLUTION NO. 1307
WHEREAS, the City of Pasco, a municipal corporation organized
under the laws of the State of Washington; and the State of Washington,
Washington State Department of Transportation, acting by and through
the Secretary of the Department of Transportation, have entered into
an agreement regarding reimbursement being made on the Road 36
Sanitary Sewer Project; NOW, THEREFORE,
BE :IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the City Council of the City of Pasco does hereby approve
the agreement as to form between the City of Pasco and the Washington
State Department of Transportation and does hereby authorize the Mayor
and City Clerk to execute said agreement. A copy of the agreement
is attached hereto, marked Exhibit "A", and incorporated herein as
though fully set forth at length.
PASSED by the City Council of the City of Pasco this 17 day of
December , 1979.
Chet Bailie, Mayor
ATT T:
Eve ae ls, City Clerk
APPROVED .AS TO FORM:
_ S i U --
Den is J. De Felice, City Attorney
C
AGREEMENT
THIS AGREEMENT, made and entered into this day of October,
19.79,•between the State of Washington, I Washington State Department of
Transportation, acting by and through the Secretary of the Department
of Transportation, .by virtue of. R.C.W. Chapter. 47.12, hereinafter called
the "State" and the City of Pasco, a municipal corporation organized
under the laws of the State of Washington and located in Franklin County,
with an address of 412 West Clark Street, Pasco, Washington 99301,
hereinafter called the "City";
WHEREAS, the State is planning the construction of State Route
182, Road 68 Interchange to Jct. SR 395 Interchange, and in connection
therewith it will be necessary to relocate a sanitary sewer, if said
sanitary sewer is installed at the grade line it would normally be
installed -at to meet City of -Pasco requirements; and
WHEREAS, the City required a developer who installed said sanitary
sewer line along Road 36, a county road (in the section which intersects
the above --mentioned state project) in order to proceed with his sub-
division to construct the said line at a grade line which will not
conflict with the State's proposed construction which was at greater
expense to the developer than otherwise.would have been the case if
construction had been to normal city requirement; and
WHEREAS, the City gave as consideration.to the developer for said
construction the promise to pay to him for such additional work the
amount of any money the City received from the State for locating the
sanitary sewer line to meet the State requirements for SR 182; and
WHEREAS, the developer employed a contractor who has constructed
said sanitary sewer line to meet the State's requirements; and
WHEREAS, the City did the above with the understanding from
representatives of the State of Washington that the City's eligibility
for reimbursement would not be affected by proceeding in the manner
described above.
WHEREAS, the City intends to annex the above-mentioned -section
of 'Road '36; and
WHEREAS, it is deemed to be much more economical for the State
to participate at the present time and have'the.sanitary sewer line
installed at the grade which will -not conflict with the State's proposed
construction rather than to adjust it at a.later date;
WHEREAS, the City will -have a compensable interest in the facility
and a right-of-way by virtue of being located in the area to be annexed,
and the State will, therefore, be obligated to reimburse the City for
the relocation of the facility if it is constructed to normal City
requirements rather than at a grade line which will not conflict -with
the State's proposed construction; and
-2 -
WHEREAS, the City has received from the developer the assignment
of the right to receive the reimbursement from the State in settlement
of matters between the developer and the City; and
WHEREAS, if at the time of construction of this section of SR
182, the City has not annexed this section of Road 36, the City will be
obligated to reimburse the State the amount paid to the City by the
State under this agreement; NOW, THEREFORE,
IN CONSIDERATION OF THE TERMS, CONDITIONS, COVENANTS, AND
PERFORMANCE CONTAINED HEREIN, OR ATTACHED AND INCORPORATED AND MADE A
PARTY HEREOF IT IS MUTUALLY AGREED AS FOLLOWS:
I.
GENERAL
Federal -Aid Highway Program Manual Volume 1, Chapter 4, Section
4, and amendments thereto, determine and establish the definitions and
applicable standards for this Agreement and payment hereunder, and by
this reference are incorporated herein and made a part of this Agreement
for all intents and purposes as if fully set forth.
The City, through the developer, Bosch Development, and his
contractor, Uribe.Construction Company, has furnished all labor,
materials, equipment, and tools and did all work required for the*
construction and installation of the City facilities in accordance with
and as described in the specifications marked Exhibit."A" and the plans
marked Exhibit "D" attached hereto and by this referenced made a. part
of this Agreement.
II.
Parts of the costs of locating said sanitary sewer facilities of
the City in the manner and in the location described above is the
obligation of the State.
The State, in consideration of the faithful. performance of the
work done by the City through the developer and his contractor, agrees
to pay to the City'the actual direct and related indirect costs
accumulated in accordance with the work order accounting procedure
prescribed by the Division of Municipal Corporations of the State
Auditor's Office.
The State shall have a final settlement.of all costs incurred,
and, in the event that the payment received by the City is in excess
of that determined by the final 'settlement, the City agrees to refund
any overpayment to the State.
For a period not less than three years from the date of final
payment to the City, the records and accounts pertaining to the
construction of the project and accounting therefore are to be kept
available for inspection and audit by, and copies of all records, -
accounts, documents or other data pertaining to the project shall be
furnished upon request to representatives of the State and Federal
government.
The City shall submit a final billing to the State within 90
calendar days following notification by.the State of its acceptance
of this Agreement.
STATE OF APPROVE WORK DONE
The State must approve the work that has been completed prior
to.the City receiving reimbursement.
IV.
LEGAL RELATIONS
The City does hereby release and agree to save and hold harmless
the State from any and all causes of actions, suits at law or equity, or
claim or demands, or from any liability of any nature growing out of
the performance of this Agreement on the part of the Ctiy, its officers,
employees, the developer, his contractor, and/or subcontractors.
No liability shall attach -to the State by reason of entering into
this Agreement except as expressly provided herein.
V.
EXTRA WORK
In the event it is determined that any change from the statement
of work contained in this Agreement is required, approval-mu.st be.
secured from.the State prior to beginning of such work. Where the
change is substantial, written approval must be secured.
Reimbursement for increased work and/or a substantial change in
the statement of work shall be limited to costs covered by a modification
of the Agreement or a written change, or extra work order approved by
the State.
VI.
WORK BY CONTRACT
It is acknowledged that. the City through the developer and his
contractor, Uribe Construction Company, is constructing the sewer line
which, if built, as originally designed, would conflict with the State's
proposed interstate highway, SR 182. It is also acknowledged that the
City through its developer and his contractor shall do the extra work
as described in Exhibit "B" and "D" at the cost as stated in the bid.
The City itself, the developer, and his contractor, its assigns
and its successors agree that -it shall not discriminate on the basis of
race, color, sex, or national origin in its choice of contractors and/or
subcontractors and shall include all of -the non-discrimination.provisions
set forth in Exhibit "C"., attached hereto and made a part hereof in any
contract or agreement pertaining to the construction of said sanitary
sewer line.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
as of the day and year first above written.
STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
By.
Title:
APPROVED AS TO FORM:
By.
Assistant Attorney General
October , 1979
STATE OF WASHINGTON)
.ss.
County of Franklin )
CITY OF PASCO
Chet Bailie,
Mayor
ATTEST-
By:
Evelyn Wel-1s,
City Clerk
APPROVED AS TO FORM:
4
1
By: q
I .. �� •l //} .
Dennis J. Db Felice,
Pasco City Attorney
On this day of October., 1979, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and
sworn, personally appeared Chet Bailie and Evelyn Wells to me known to
be the mayor and city clerk, respectively, of the City of Pasco, the
corporation that executed the foregoing instrument, and acknowledged
that said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath
stated that they are authorized to execute the said instrument and that
the seal affixed is the corporate seal of said corporation.
Witness my hand and official seal hereto affixed the day and
year first above written.
Notary Public in and for the State of
Washington, residing at
STATE OF WASHINGTON)
.ss.
County of Franklin )
On this day of October, 1979, before me, the undersigned, a
Notary Public in and for the State -of Washington, duly commissioned and
sworn, personally appeared and
to me known to be the
and the ,
re:.;pecti.vely, of the State of Washington, Department of Transportation,
Hie corporation that executed the foregoing instrument, and acknowledged
that said instrument to be the free and voluntary act and deed of.said
corporation, for the uses and purposes therein mentioned, and on oath
stated that they are authorized to execute the said instrument and that
the seal affixed is the corporate seal'of said corporation.
Witness my hand and official seal hereto affixed.the day and
year first above written.
Notary Public in and for the State of
Washington, residing at
uyi alis r "n"
SPLCIFIC.ATIONS AND SPLCLAL CONSIDLIZATIONS
The work proposed udder this Agreement contemplates the removal, adjustment and/or
relocation of certain facilities as described herein.
hORK '1'O BE: PLRFOI& D BY -1111' STKI'L
None.
WORK TO BE: PLRFORIvIED BY 'I1-113- CITY
a -Mbit "D"
1. Construct. 163S ft. of 12" PVC pipe (sewer) class an additional 8 feet lower
at proposed SR 182 crossing, 'Station LIV 1698+00..
INS TCTION AND ACCEPTANCE
All of the City's construction operations, as provided under this agreement,
,,hall be subject to inspection by the State.
Final acceptance of the work shall be by payment of the final and complete itemized
billing certifying that all the work has been done and upon recommendation of the Dist-
rict Administrator, Department of Transportation, Yakima, Washington.
R .T•rrRN-n-NrM
The adjustment of the City's facilities, as required herein, does not constitute
a betterment as defined in Federal -Aid Highway Program Manual Volume 1, Chapter 4,
Section 4 and is not included in the estimate of cost.
EXPIRED SERVICE LIFE
AdjusUnent of the City's facilities does not involve a credit due for the value
of the expired service life of the facility being replaced and this value is not
included in the estimate of cost.
COW
City agrees to comply with all applicable requirements of the State which -
si-all be in accordance with the Utilities Accommodation Policy, Chapter 252-04 WAC,
and Lunendments thereto, and said policy 'and amendments are hereby incorporated in
and made a part of this agreement for all intents and purposes as if fully set
forth 1101.01I1.
The City sluill apply .for and the State shall convey the necessary statutory permits
or franchises pursuant to Chapter 47.44 RCW required for installation of such
facilities that remain on or cross the state highway right of way.
1
TINE FOR COW -1
The City agrees to complete the relocation
this ngruone)t at the earliest possible tix
result Or tJna State's contractor. ' -----
'
' |
2
EXHIBIT "$"'
Bid cost to excavate additional 8.ft. so.`as to clear proposed Interstate highway.
Labor and :material included in below.items.
Description ,Unit
Trench Excavation i', Backfill 10-12 ft L.F.
it 12-14 ft L.F.
" 14-16 ft L.F.
" 16-18 ft L.'F.
18-20 ft L.F.
F & 148" Diameter MU -tholes Extra Depth L.F.
Road 36 Restoration Excess Width of
Resurfacing S.F.
Labor & Material Sub -Total
NU I PMENT
Classification
Model 23S Cat Backhoe
Model 966 4 Yard Rubber Tired Loader
Equipment Sub -Total
Quantity Unit Price Amount
140
4.50
$ 630.QO '
322
6.50
2,093.00,
483
8.50
4,105.50
448
10.50
4,704.00''•
242
12.00
2,904.00
53.5
60.00
3,210.00'`
2,133
3.23
6,889.59
30
12.00
$24,S36.09
Rate/Hr Hours Amount
7S.00 36 $2,700.00
35.00 36 17260.00
$3,960.00
Cost of Cutting, Removing, Replacing and Relaying 180 feet of 30" Dia. Irrigation
Line, Cuned by Franklin County Irrigation District
Est.
Est.
Description Unit
Quantity
Unit Price
Amount
Model 22S Cat Backhoe Hrs.
45
65.00
$2,925.00
•Model 966-4 Yard Rubber Tired Loader firs.
45
35.00
1,57S.00
Labor. for Removing & Relaying Hrs.
S5
20.83
1014S.65
Rubber Gaskets Ea.
30
12.00
360.00
30" Steel -Pipe L.F.
180
14.31
2,575.80
Sub -Total Irrigation Line
$8,581.45
MISCELLANEOUS DIRECT' COST:
Franklin County Irrigation District
cost to be charged to Contractor for
their inspection and assistance in
relaying their lines
Frulklin County P.U.U. cost to be
charged Contractor for assistance
in bracing their poles
Settlement of Private Encroachments
SMIAR1` :
Est. 'Est.
Unit t i ty Unit Price Amount,
L. S. $ 560.00 :.
Hrs. 72 20.83 1,499.76
L.S. 2,500.00
$4,559.76
Labor and Material
Equipment
Irrigation Line.
Miscellaneous
Engineering & Supervision
Wash. State Sales Tax (5.10)
TOTAL SEWER BID
$24;536.09
3,960..00
8,581.45
4,559.76
3.152.20
$44,789.50..
2,284.26
$47,073.76
I I Ckm I .• B*0
.
EXH 1.
SHEET �- OF__._.�
.y
�l�'['I�I�:' IX "A"
During the performance of this contract, the con-
tractor, for itself, its assi;;nees
its facilities as may be determined by the
and successors in
interest (hereinafter referred to as the "contractor"),
State l i, hway Department or the Bureau
of Public Roads to be to
agrees as follows:
pertinent ascertain
compliance with such Re,,ulatiotls, orders
(1) Col lip] .iance v"ith RcE�lllatinns: The contractor
and instructions. Where any information
required of a contractor is in the exclusive
will comply with the Regulations of the
Department of Commerce
possession of another who fails or refusEs
relative to non-
discrimination in federally,•-asssstecl prr,-rams
to furnWi this information, the contractor
shall so certify to the State High•,vay
of the Department of Commerce (Title 15,
Department, or the Bureau of Public Roads
Code of Federal Regulations, Part 8• here-
as appropriate, and shall set forth what
inafter referred to as tho Rel;ulations), v;hich
efforts it has made to obtain the information.
are herein iticorporateci by reference and
made a part of this contract.
(5) Sanctions for Noncompliance: In the
* (2) Nondiscrimination: The contractor, �xilh re-
event
of the contractor's noncompliance with the
nondiscrimination on of this contract,
Bard to the work perforated by it after
the State Highway Ucpartment shall impose
award and prior to conipietien of the contract
such contract sanctions as it or the Bureau
work, will not discriminate on the ground
of Public Roads may determine to be ap-
of race, color, or national origin in the
selection
propriate, including, but not limited to,
and retention of subcontractors,
including- procurements of materials and
(a) withholding of payments to the con -
leases of equipment. The contractc,r will
tractor under the contract until the
not participate either directly or indirectly
contractor complies, and/or '
in the discrimination prohibited by Section
(b) cancellation, termination or suspension
8.4 of the Reulations, including employment
of the contract, in whole or in part.
practices when the contract covers a pro-
" "� a ^ TT of the
Reoulations.
(6) Incorporation of Provisions: The contractor
will include the provisions of paragrann (1)
through (6) in every subcontract, ine'ludi.rig
(3) Solicitations for Subcontracts, Including
procurements of materials and leases of
Procurements of -Materials and Ecluipmen[
equipment, unless exernbt by the Re;utlla-
In •Ili solicitations either by competitive
tions, orders, or instructions issued pursant
bidding or ne-,otiation made by the con-
thereto. The contractor will take such action
tractor for work to be performed under a
with' respect to any subcontract or pro -
subcontract, including procurements of ma-
curemeni as the State Highway- Department
terials or equipment, each potential sub-
or the Bureau of Public Roads may direct
contractor or supplier shall be notified by
as a means of enforcing such provisions
the contractor of the contractor's obligations
including sanctions for noncompliance: Pro -
under this contract and the Regulations
vided, however, that, in the event a con -
relative to nondiscrimination on the ground
tractor becomes involved in, or is threatened
of race, color or national origin. _
with, litigation with a subcontractor
or
supplier as a result of such , direction, the
(4) lnfornnation and Reports: The contractor
contractor may request the State to. enter
wiii provide all inforniation and reporis
into such litigation to protect the interests
of the Slate,
required by the Regulations, or orders and
and, in addition, the contractor
instructions issued pursuant thereto, and
may request the United States to enter into
-Will permit access to its books, records,
such litigation to protect the interest of
accounts, other sources of information, and
the United States.
* PROtI181T10N OF DISCRIMINATION ON THE BASIS OF SEX
SEC. i62. (a) Chapter -3 of title 23, united States
at the end thereof the following new section:
Code is amea,ded by adding
324, Prohibition of discrimination on the basis
of
"No person shall on the ground of sex be excluded
be denied the benefits
sex.
from parti6pation in,
of. or .be subiected to discrimination
program or activity receiving Federal assistance under
under anv
this titlz
or carried
on under this title. This provision w i I I be enforced through agency provisions
and rules similar
to those already established, with respect to-,Tacial and
v� iIun, U"dUl ii Lie Vi i niyi�i�
►1.i c r.,.,,,f. _.fir �,,,,.I.,r i n.l i I I
:+ci vi u uti•~ hvweVer ,
remedies available to a diseriminatee.,,
%%c II
a^bO_o r1►��� a al
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LEGEND.
ACCESS TO BE PROHIBITED SHOWN THUS
PROPERTY OWNEP-SHIP NUMBERS 03230
PROPERTY LINES
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CURVE .DATA
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ACCESS TO BE PROHIBITED SHOWN THUS
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PROPERTY LINES
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CURVE .DATA
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Limited Access features tentatively approved Oclober 7, 1977 -
by the Secretary of Transportation.
CITY OF PASCO
5 514 2 RD. 3(z• SANMAF'Y-)F-WF-7,
SR 182 MP 8.49 TO MP 13.93
ROAD 68 INTERCHANGE VICINITY Y
TO SR 395 INTERCHANGE VICINITY
FPANKLIN COUNTY
RIGHT OF WAY AND LIMITED ACCESS PLAN
'FULL CONTROL
STATION e1688+00 TO STATION e1716*00
WASHINGTON STATE DEPARTMENT Of TeAN:`OeTATION
OLYMPIA. WASHINGTON
W. A. WLIEY SiG[Ei All
JCS 1635 FEET OF EXHI BIT " Dom'
iAIZY 5wEQ PIPS \-..
D►rE October T. 19771
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W.A.ICEVES
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WAITE
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W. D.3 F. KIR1GW00D
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N. It M.' JOB
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N.J. JOB
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PORT OF PASCO
5
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J TO JC -T SR 395
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Limited Access features tentatively approved Oclober 7, 1977 -
by the Secretary of Transportation.
CITY OF PASCO
5 514 2 RD. 3(z• SANMAF'Y-)F-WF-7,
SR 182 MP 8.49 TO MP 13.93
ROAD 68 INTERCHANGE VICINITY Y
TO SR 395 INTERCHANGE VICINITY
FPANKLIN COUNTY
RIGHT OF WAY AND LIMITED ACCESS PLAN
'FULL CONTROL
STATION e1688+00 TO STATION e1716*00
WASHINGTON STATE DEPARTMENT Of TeAN:`OeTATION
OLYMPIA. WASHINGTON
W. A. WLIEY SiG[Ei All
JCS 1635 FEET OF EXHI BIT " Dom'
iAIZY 5wEQ PIPS \-..
D►rE October T. 19771
SHEli 1 �. Of I q -Ts I
• _ — i-- D•.Iperned la Li -.!,c! Acc... C-1-1 by f.vne.R...No.24,2,:uy'
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