HomeMy WebLinkAboutJ & J Kelly Canter Club EstatesWATER SYSTEM EXTENSION AGREEMENT
l„ ,�IIIS WATER SYSTEM EXTENSION AGREEMENT is entered into this &vlj"day
of J , 2014, by and between J&J Kelly Construction, Inc. a Corporation (hereinafter
referred to as "Developer"), and the City of Pasco, Washington, a Washington Municipal
Corporation (hereinafter referred to as "City"), for the purpose of extending water system
improvements for the benefit of the properties to be developed by Developer.
WHEREAS, Developer has entered into an agreement with property owners Chuck &
Julie Harrison to develop certain real property adjacent to Road 64, north of Court Street for
residential use, known as Canter Club Estates, and said real property is situated within the Pasco
Urban Growth Area as designated by Franklin County; and
WHEREAS, Developer desires to have City of Pasco water service extended to the
developed properties for domestic use; and
WHEREAS, Developer is committed to constructing a water system line extension in
order to loop the system and provide consistent water flows to the proposed development as
described in Exhibit A, and then dedicate the waterlines and appurtenances to the City; and
WHEREAS, the City of Pasco possesses the capacity to provide water utility services to
citizens and real properties within its municipal boundaries and its urban growth boundaries; and
WHEREAS, the City of Pasco's long range water plan provides for the systematic
extension of water utilities throughout the City's urban growth area; and
WHEREAS, the parties desire, by this cooperation agreement, to jointly participate in
the cost of the waterline construction that provides benefits to all parties and their respective
properties.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. DEVELOPER OBLIGATIONS. Developer shall:
A. Provide the complete design of the proposed water system extension, as
described in Exhibit A and Exhibit B, by a Professional Engineer registered to practice
Engineering in the State of Washington. The water system design shall include pipe and
all appurtenances from a connection point with the City's existing system approximately
265 feet north of the new entrance to Canter Club Estates and 690 feet south of the same
entrance. The design of the water system extensions shall be in accordance with the
latest City of Pasco requirements and standards including any adopted 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 60% and
Final stages of design.
Water System Extension Agreement —J&J Kelly Construction, Inc. (Canter Club Estates) Page I
January 8, 2014
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B. From the design, as approved by the City, construct the system extensions
including all valves, hydrants and appurtenances in accordance with applicable City, state
and federal standards and requirements.
C. Be responsible for the cost of the design of the water system extension,
plan review fees and construction inspection fees and testing.
D. Be responsible for the costs associated with the furnishing of materials
and labor, and construction of an 8 -In. diameter pipeline including valves, hydrants and
associated appurtenances necessary to provide adequate domestic water service to the
proposed development prior to the measurement of actual quantities and reimbursement
from the City.
E. Shall at its own cost and efforts secure all reviews, approvals and permits
from any and all applicable jurisdictions, and pay all associated fees.
F. Shall have the property owners execute all deeds, documents, permits,
annexation agreements and checklists necessary for the permitting and conveyance of
property and construction of the system extension described above and the performance
of this Agreement.
2. CITY OBLIGATIONS. City shall:
A. Process in its usual course, Developer's applications for plan review and
permits associated with the water system extension project as described above and in
Exhibit A, in a timely manner.
B. Provide project design criteria, and determine the size of pipe, spacing of
isolation valves and hydrants and other appurtenances required to maintain the integrity
of the City's water system.
C. Provide timely reviews of the engineering design, construction plans and
specifications at the 60% and 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 reimbursement of the actual construction costs of the
waterline system extensions along Road 64, associated with this Agreement, including
pipe, valves, hydrant assemblies, road restoration per City standards, and incidentals as
described hereinbefore, not to exceed $78,638, except as may be negotiated and agreed
upon by both parties, in writing, by amendment to the Agreement.
Water System Extension Agreement — J&J Kelly Construction, Inc. (Canter Club Estates) Page 2
January 8, 2014
F. Upon satisfactory completion of the improvements described above,
accept the dedication of the water system improvements as described in Exhibit A and
Exhibit B, and by Council resolution accept ownership thereof, and maintenance and
operation of the improvements thereafter.
TERM. This Agreement shall be effective commencing on the day of
69 ' 4.
014, and all improvements, conveyances and obligations of the parties shall be
complete on or before July 1, 2014. The Agreement shall terminate on August 1, 2014, or with
the completion and acceptance of the water system extension improvements, whichever is
sooner.
5. AUTHORITY TO APPROVE AGREEMENT. The parties represent and
warrant that all steps necessary for the approval of this Agreement have been completed by:
A. J&J Kelly Construction, Inc. by its President.
B. City of Pasco by the Pasco City Council.
The officers signing below are authorized to do so and that the execution of this Water
System Extension Agreement is valid and binding for all purposes.
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, the Mandatory
Rules of Arbitration (MAR), 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 the other.
7. INDEMNITY. The Developer shall assume the risk of, be liable for, and pay for
damage, loss, cost and expense of any party arising out of the performance of this Agreement,
except that caused by negligence and/or willful misconduct solely of the City and its employees
acting within the scope of employment. The Developer shall hold harmless from and indemnify
the City against all claims, losses, suits, action, cost, counsel fees, litigation costs, expenses,
damages, judgments, or decrees by reason of damage to any property of business, and/or any
death, injury or disability to or of any person or party, including any employee, arising out of or
suffered, directly or indirectly, by reason of or in connection with the performance of the
Contract or any act, error or omission of the Developer, Developer's employees, agents,
contractors or subcontractors, whether by negligence or otherwise. The Developer's obligation
shall include but not be limited to investigation, adjusting, and defending all claims alleging loss
from action, error or omission or breach of any common law, statutory or other delegated duty of
the Developer, Developer's employees, contractors, agents or subcontractors.
Water System Extension Agreement — J&J Kelly Construction, Inc. (Canter Club Estates) Page 3
January 8, 2014
8. GENERAL PROVISIONS.
A. This Water System Extension 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 Water System Extension 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.
9. MUTUAL COOPERATON 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 roadway which is the object of this Agreement, and the
transfer of property, and to further sign all documents, deeds and permits reasonably necessary to
accomplish the purposes of this Agreement.
DATED this day of — 2014.
City Manager
r
J&J KEL A�CON T TION, INC.
1
Jeff Kelly
President
Water System Extension Agreement — J&J Kelly Construction, Inc. (Canter Club Estates) Page 4
January 8, 2014
Canter Club Estates EXHIBIT A
Road 64 Waterline Extension
No,
Description Quantity
Units
Cost/Unit
Total Cost
Estimate of construction Costs for Waterline Extension
1
Mobilization
1
EST
1,000.00
1,000.00
2
Layout Survey & GPS Control
1
EST
1,000.00
1,000.00
3
Clearing & Grubbing
1
EST
1,000.00
1,000.00
4
Erosion Control
1
EST
1,000.00
1,000.00
5
Traffic Control
1
EST
3,500.00
3,500.00
6
Sawcut Existing Pavement
969
LF
2.75
2,664.75
7
Trench Excavation - Rd 64 Waterline
969
LF
2.58
2,500.02
8
Pipe Bedding
1
EST
500.00
500.00
9
Water for Compaction
1
EST
500.00
500.00
10
Disposal of Unsuitable Backfill
1
EST
500.00
500.00
11
Connect to City Watermain
1
EST
1,400.00
1,400.00
12
8 -In. D.I. Pipe, installed including fittings
969
LF
34.00
32,946.00
13
Valves & Fittings
1
EST
3,200.00
3,200.00
14
Fire Hydrant Assembly
2
EA
4,000.00
8,000.00
15
4In. CSBC for Trench Repair (50 -inches width)
4,000
SF
1.00
4,000.00
16
2 in. HMA for Trench Repair (50 inches width)
4,000
SF
1.50
6,000.00
17
Shoulder Restoration
1
EST
2,500.00
2,500.00
18
Record Drawings - Waterline
1
LS
200.00
200.00
Estimated SubTotal
72,410.77
WSST @ 8.6%
6,227.33
TOTAL ESTIMATED CONSTRUCTION COSTS
78,638.10
EXHIBIT B
CANTER CLUB ESTATES
1ld
ST