HomeMy WebLinkAboutColumbia River Walk Development - Storm Water Insfrastructure Improvements Agreement - River Walk Apartments((20-242)FILED FOR RECORD AT REQUEST OF:
City of Pasco
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd
Pasco WA 99301
Tax Parcel No. 119740033
Legal Description: SHORT PLAT 2020-29 LOT 3
STORM WATER INFRASTRUCTURE IMPROVEMENTS AGREEMENT
THIS STORM WATER INFRASTRUCTURE IMPROVEMENTS
AGREEMENT entered into this br"' day of , 2022, by and between
Columbia River Walk LLC, hereinafter referred to as "Developer", and the City of
Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City."
WHEREAS, the Developer owns or controls approximately 11 acres of
property in the north half of the northeast quarter Section 26, township 9 North, Range
29, East W.M. of the City of Pasco and is in the process of developing a portion of such
property; and
WHEREAS, the certain real property referred to above is situated within the
City limits as designated by Franklin County; and
WHEREAS, the Developer, requires additional stormwater retention capacity
for their improvements to South 20"' Avenue; and
WHEREAS, the Developer has been offered the option to reroute the
stormwater to a location on the north side of this intersection that is mutually beneficial;
and
Developer has, as part of the improvements, a significant amount of Storm
Water work (Exhibit B); and
WHEREAS, the City desires, by this Storm Water Infrastructure Improvements
Agreement, to participate in the cost of the storm water improvements within the
intersection of `A' Street and South 20a' Avenue which provides benefit to all parties.
Columbia River Walk Apartments Storm Water Infrastructure Improvements Agreement - 1
WHEREAS, the City has determined that the pro rata benefit to the City as a
consequence of the additional storm water improvements is approximately $81,000, as
this is the estimated fair market value of the materials and labor Developer will be
contributing to this project which are in excess of Developer's project requirements.
NOW, THEREFORE, and in consideration of the mutual terms and covenants
contained herein, the parties agree as follows:
1. Developer Obligations. Developer shall:
A. Provide the complete design of the proposed storm water
infrastructure improvements by a Professional Engineer registered to practice
engineering in the State of Washington. All work shall be in accordance with
the current City of Pasco requirements, and standards and specifications,
including any applicable or referenced State and Federal requirements and
standards. The engineering design, construction plans and specifications shall
be submitted to the City for review and/or approval at the final stages of design.
B. From the design, as approved by the City, construct the storm
water infrastructure improvements in accordance with applicable City, State,
and Federal standards and specification requirements.
C. Be responsible for all costs of the project, including, but not
limited to, expenses relating to engineering, design, administration, legal,
materials, labor, permits, reviews and/or approvals from all applicable
jurisdictions, and any other project -related costs, except for the costs of the
storm water improvements needed to collect, convey, and infiltrate the storm
water generated from the intersection of `A' Street and South 201' Avenue, per
Section 2E of this Agreement.
D. Be responsible for providing the City with a cost estimate for all
items included in the terms of this Storm Water Infrastructure Improvements
Agreement. The City shall have sole discretion to determine the adequacy of
any itemized invoice submitted. Lump sum items are not acceptable.
E. Dedicate the storm water infrastructure improvements and all
appurtenances thereto, to City at completion of the project, upon inspection and
approval by the City.
F. Execute all necessary documents, permits, agreements and
checklists necessary for the permitting, construction, and conveyance of the
storm water infrastructure improvements described above and for the
performance of this Agreement.
Columbia River Walk Apartments Storm Water Infrastructure Improvements Agreement - 2
G. Warrant the improvements to be free of all defects in materials
and labor for one year after acceptance. This warranty shall supplement and be
in addition to any and all other legal rights and remedies of the City with respect
to with respect to the construction, design, and materials used in the construction
of the improvements.
2. City Obligations. City shall:
A. Process in its usual course, Developer's applications for plan
review and permits associated with the storm water infrastructure improvements
described in this Agreement, in a timely manner.
B. Provide criteria to be met in order for the Developer to construct
the project in compliance with City of Pasco's standards and specifications for
storm water infrastructure improvements projects.
C. Provide timely reviews of the engineering design, construction
plans, and specifications at the time of final submittals.
D. Provide inspection services during the course of construction
consistent with the level of effort utilized on other capital and development
projects within the City, or as may be required to ensure the required quality of
the completed work.
E. Be responsible for direct reimbursement of certain costs
associated with the construction of storm water improvements to South 20th
Avenue which are located in the intersection of `A' Street and South 20th
Avenue which costs have been evaluated by the City Engineer or his designee
for which reimbursements shall not exceed $81,180.00. While this Agreement
constitutes a contractual obligation for reimbursement from the City to the
Developer for the items stated, timing of the payments will be based upon funds
available. Funds are distributed on a first come -first serve basis and payouts
cannot exceed the annually budgeted amounts without specific approval.
F. Upon satisfactory completion and inspection of the
improvements described above, accept the dedication of the storm water
infrastructure improvements, and by City Council Resolution accept ownership
thereof, and maintenance and operation of the improvements thereafter as is
normal procedure for acceptance in Right -of -Way infrastructure Improvements..
Columbia River Walk Apartments Storm Water Infrastructure Improvements Agreement - 3
4. Authority to Approve Agreement. The parties represent and warrant that all
steps necessary for the approval of this Agreement have been completed by:
A. Columbia River Walk LLC
B. City of Pasco
The officers signing below are authorized to do so and that the execution of this
Storm Water Infrastructure Improvements Agreement is valid and binding for all
purposes.
5. General Provisions.
A. This Storm Water Infrastructure Improvements Agreement
constitutes the entire agreement between the parties, and no prior oral or written
agreement shall be valid, and any modifications of this Agreement must be in
writing signed by all parties.
B. This Storm Water Infrastructure Improvements Agreement shall
be binding on the parties, and their heirs, successors and assigns.
C. For the purpose of this Agreement, time is of the essence.
6. Dispute Resolution. In the event of a dispute between the parties
regarding the interpretation, breach, or enforcement of this Agreement, the parties shall
first meet in a good faith effort to resolve the dispute by themselves or with the
assistance of a mediator. The remaining dispute shall be resolved by arbitration
pursuant to RCW 7.04A, as amended, with all parties waiving the right of a jury trial
upon de novo review, with the substantially prevailing party being awarded its
reasonable attorney fees and costs against each other.
7. Mutual Cooperation and Further Agreements. The parties agree to
cooperate in good faith, with regard to each and every aspect required for the
completion of the construction of the storm water infrastructure improvements which
are the object of this Agreement and the transfer of property, and to further sign all
documents, deeds, and permits that are reasonably necessary to accomplish the purposes
of this Agreement.
Columbia River Walk Apartments Storm Water Infrastructure Improvements Agreement - 4
DATED this S r,4 day of Ail,, -,1' --
City of Pasco, Washington:
By:
Title: �f/iZ`�iPit®
City Manager
City of Pasco
525 N. 3rd Avenue
Pasco, WA. 99301
STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
2022.
On this day personally appeared before me '��WA ,
of the City of Pasco, Washington, described in and who executed the
w' inand regoing instrument, and acknowledged that he signed the same as his free
and voluntary act and deed for the uses and purposes therein mentioned. �"1„111„I,,,,,,�
Columbia River Walk Apartments Storm Water Infrastructure Improvements Agreement - 5 • • •OTA �-
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PUBLICS =
%0F WAS
N���°�•
'�'F'oft1Otis sit%%It
GIVEN under my hand and ficial seal this _tday of , 2022.
V, W � Av�t� 9 "
Notary Public in and for - the 1 State of Washington
Residing at g �
My Commission Expires: b-;,
Developer:
By: R-) po 6.6o Run
Title: gf (cs v
Address: 53 o g U CIO S -i &c D
{osco ki,✓A -7930)
STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
On this day personally appeared before me Derek Alexander, to me known to be
the Developer, that executed the foregoing instrument and acknowledged the said
instrument to be the free and voluntary act of and deed of said limited liability
company, for the uses and purposes therein mentioned.
``�punmu�i�iVEN under my hand ancial seal this day of 1� 2022.
�� p 41
NOTARY for the State of Washington
�o g : = Residing at:
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�. alk Apartments Storm Water Infrastructure Improvements Agreement - 6
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My Commission Expires: 12-1-22,, Izz_
ATTEST:
Debby B h nV
City of Pasco City Clerk
APP D AS FORM:
Kerr guson Law, PLLC
of Pasco City Attorney
Columbia River Walk Apartments Storm Water Infrastructure Improvements Agreement - 7
Exhibit A - Sheet 1
Page 1 / 1 CRW Costs - 111721 / A St Storm Improvements
"A" Street Stormwater Improvements Quote
PROJECT: Columbia River Walk Apartments
DATE:
Nov 17 2021
PROJECT DESCRIPTION: W A. St. and 20th Ave Stormwater Improvements
CLIENT:
Columbia River Walk Development
CLIENT PROJ. NO, 21-318
ITEM
NO.
DESCRIPTION
SCHEDULE OF VALUES
QUANTITY I UNIT UNIT PRICEI TOTAL COST
STORM DRAIN
1
Dig & Verify / Connect to Existing 1
EA
$1,150
$1,150
2
Type 2 Precast Conc Catch Basin 1
EA
$3,900
$3,900
3
12" ASTM D3034, SDR 35 PVC Drain Pipe 20
LF
$150
$3,000.
4
Infiltration Trench 100
LF
$300
$30,000,
5
Cut & Patch HMA Repair (4" depth) 200
Sy
$65
$13,000;
6
Traffic Control 1
LS
$8,700
$8,700
Subtotal
$59,750
Sales Tax (8.6°.6)
$5,139
CONSTRUCTION SUBTOTAL
$sa,8as
PROJECT TOTAL
Page 1 / 1 CRW Costs - 111721 / A St Storm Improvements
Exhibit A - Sheet 2
Non -Columbia River Walk 20th Ave Paving Costs
PROJECT: Columbia River Walk Apartments
DATE:
Nov 17 2021
PROJECT DESCRIPTION: Frontage Paving for Property East of 20th Ave Centerline
CLIENT: Columbia River Walk Development
CLIENT PROD. NO. 20-242
ITEM
NO.
DESCRIPTION
SCHEDULE OF VALUES
QUANTITY UNIT
UNIT PRICE TOTAL COST
STORM DRAIN
1 Roadway Paving (2.5" depth) 59 TON
$125
$7,338
2 Crushed Surfacing Top Course (2" depth) 45 TON
$50
$2,230
3 Crushed Surfacing Base Course (6" depth) 134 TON
$35
$4,683
4 Adjust existing drywell on the East of Center Line 1 EA
$750
$750
Subtotal
$15,001
Sales Tax (8.6%)
$1,290
CONSTRUCTION SUBTOTAL
$16,291
PROJECT TOTAL
Page 1 / 1 CRW Costs - 111721 /North Coast Electric Frontage
Exhibit B
Page 1 / 1 CRW Costs • 111721 / 20th Ave Storm Improvements
20th Ave Street - Stormwater Improvement Costs
PROJECT: Columbia River Walk Apartments
DATE:
Nov 17 2021
PROJECT DESCRIPTION: 20th Ave Stormwater Improvements
CLIENT:
Columbia River Walk Development
CLIENT PROJ. NO. 20-242
ITEM
NO.
DESCRIPTION
QUANTITY
SCHEDULE OF VALUES
UNIT UNIT PRICEI TOTAL COST
STORM DRAIN
1
Type 1 Precast Conc Catch Basin
4
EA
$1,400
$5,600
2
Type 2 Precast Conc Catch Basin
2
EA
$3,400
$6,800
3
12" ASTM D3034, SDR 35 PVC Drain Pipe
182
LF
$140
$25,480
4
Infiltration Trench
120
LF
$300
$36,000
5
Roadway Paving (2.5" depth)
317
TON
$125
$39,625
6
Crushed Surfacing Top Course (2" depth)
241
TON
$50
$12,050
7
Crushed Surfacing Base Course (6" depth)
723
TON
$35
$25,305
8
Adjust existing drywell on the East of Center Line
1
EA
$750
$750
Subtotal
$151,610
Sales Tax (8.6%)
$13,038
CONSTRUCTION SUBTOTAL
$164,648
PROJECT TOTAL
Page 1 / 1 CRW Costs • 111721 / 20th Ave Storm Improvements
STORMWATER NOTES:
sDt EXISTING 10' SD CULVERT PIPE
sD2 DIG AND VERIFY 10' SD PIPE BURY
DEPTH AND DIAMETER AND INSTALL
TYPE 2 CATCH BASIN PER COP DETAIL
SD -2.
soa PLUG AND ABANDON 10' SO PIPE
OUTLET W/MIN. 2 PIPE DIAM.
COMMERCIAL CONC.
INSTALL 20LF 12 -IN DIAM PVC SO PIPE
PER COP DETAIL SS -5, TYP. TRENCH
SECTION
sDs 12' x 12' PVC GASKETED SDR 35 TEE
sos 12' PVC 90 -DEG GASKETED SDR 35
ELBOW
sD7 (2) 50 -LF INFILTRATION TRENCH PER
COP DETAIL SD -3
GENERAL NOTES:
c, EXISTING 20' DI WATER MAIN, RETAIN
AND PROTECT
Gz EXISTING 36' CONC SEWER MAIN,
RETAIN AND PROTECT
Ga EXISTING 6' DI WATER MAIN, RETAIN
AND PROTECT
O PAVE ALL DISTURBED WORK AREA PER
COP DETAIL ST -3, TRENCH SURFACING
REPAIR, MATCH EXISTING GRADES
G5 EXISTING HYDRANT
O PROJECT STATIONING: EXISTING MON.
2+12.00
G7 BACKFILL PIPE CROSSING WITH CDF,
MIN. 10 -FT WIDTH & LENGTH
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EXISTING 6" FIRE 335
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WITH RESPECT TO THE REAL
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