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HomeMy WebLinkAboutColumbia East LLC - Sanitary Sewer System Agreement Sacajawea Park RdSANITARY SEWER SYSTEM AGREEMENT THIS SANITARY SEWER SYSTEM AGREEMENT is entered this 2 J day of December 2015, by and between COLUMBIA EAST LLC, a Washington Limited Liability Corporation, (hereinafter referred to as "Owner"), and the CITY OF PASCO, WASHINGTON, a Washington Municipal Corporation (hereinafter referred to as "City"), for the purpose of sanitary sewer system improvements. WHEREAS, COLUMBIA EAST LLC owns the real property situated north of Sacajawea Park Road and east of Road 40 East and said real property is situated within the limits of the City of Pasco; and WHEREAS, COLUMBIA EAST LLC has entered into an agreement with the Port of Walla Walla to construct a 12 -inch diameter gravity sanitary sewer system on said property for their respective joint use; and WHEREAS, the CITY OF PASCO, WASHINGTON, deems it desirable to provide additional capacity in said sewer system for future upstream users and has determined that a 15 - inch diameter pipe will provide said additional capacity for the City's sanitary sewer system; and WHEREAS, the parties, desire by this cooperation agreement, to jointly participate in the cost of the sanitary sewer system improvements that provide benefits to the property. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. OWNER OBLIGATIONS. Owner shall: A. Be responsible for the costs associated with the furnishing of materials, labor, and construction of 2,550 lineal feet of 15 -inch sanitary sewer main, together with appurtenances, per the approved plans dated December 30, 2014. 2. CITY OBLIGATIONS. City shall: A. Be responsible for reimbursement of the increase in cost between 2,550 lineal feet of 12 -inch diameter sanitary sewer pipe and 2,550 lineal feet of 15 -inch diameter sanitary sewer pipe, as shown in the construction cost prepared by Culbert Construction Inc., dated November 21, 2014, and included in Exhibit A. The City's share of the construction costs shall not exceed $12,904.94, said amount includes Washington State Sales Tax. B. 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. Sanitary Sewer System Agreement — COLUMBIA EAST LLC Page 1 December 23, 2015 C. Upon satisfactory completion of the improvements described above, accept the improvements as described above, as an in-kind installation of a City asset and the maintenance and operation of the improvements thereafter. 3. TERM. This Agreement shall be effective commencing on the day ;L2( of December, 2015 and all improvements, conveyances and obligations of the parties shall be complete on or before June 30, 2016. The Agreement shall terminate on June 30, 2016, or with the completion and acceptance of the sanitary sewer system improvements, whichever is sooner. 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 EAST LLC. B. CITY OF PASCO, WASHINGTON by the City Administrator. The officers signing below are authorized to do so and that the execution of this Sanitary Sewer System Agreement is valid and binding for all purposes. 5. 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. 6. INDEMNITY. The Owner 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 Owner 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 Owner, Owner's employees, agents, contractors or subcontractors, whether by negligence or otherwise. The Owner'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 Owner, Owner's employees, contractors, agents or subcontractors. Sanitary Sewer System Agreement — COLUMBIA EAST LLC Page 2 December 23, 2015 GENERAL PROVISIONS. A. This Sanitary Sewer System 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 Sanitary Sewer System 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. 8. 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 sanitary sewer 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 c�?% day of December, 2015. CITY OF PASCO STATE OF WASHINGTON) : ss. County of Franklin e l ) On this "�M day, of 2015, personally appeared before me PA for the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged he/she signed the same as his/her free and voluntary act and deed for the uses and purposes therein mentioned \e++++C 1!7 gy under my hand and official seal this At day of �¢m-� '2015. \.F �o zli — * t r = NOTARY PU LIC in and for he State of Washington U f3 L l C v Residing at My Commission Expires oil Sanitary Sewer System Agreement — COLUMBIA EAST LLC Page 3 December 23, 2015 COLUMBIA EAST LLC _— VX _M _ \� ApseJa, M. t tPPE'rT (Printed Name) t'hhaAS�nK w�EM.�2"`� STATE OF WASHINGTON ) ss. County of Franklin ) On this ZS day of 2015, personally appeared before me QO6a�Tvx.'RPAe described in and who executed the within and foregoing instrument, and acknowledged he/she signed the same as his/her free and voluntary act and deed for the uses and purposes therein mentioned GIVEN under my hand and official seal this ZT day of Oc*cv%-,4&2 , 2015. and for the State of Washington Residing at FCAA04 My Commission Expires Sanitary Sewer System Agreement — COLUMBIA EAST LLC Page 4 December 23, 2015 Heritage Blvd Sewer ExtensiCulbertConstruction Inc Steve Culbert 11/21/2014 509-544-0229 Plans Dated: NOV 24 2014 Stevet@CulbertConstruct*n.com No Description gty Um 1 Mobilization 1 LS 2 Lube Truck 1 LS 2 Project Manager 1 LS 2 Sewer Main 12" 2550 LF 3 Sewer Services 8" 6 EA 4 Sewer Manhole 8 EA 5 Connect to existing manhole 1 EA 6 Manhole Collars & Bollards 7 EA 7 Gravel Access rd. 8" deep gravel 27529 SF 10 Trimming & Cleaning 1 LS 11 Culvert Crossing 20 LF 12 Asphalt Approach @ E. RD 40 780 SF 1 Testing services provided by others 2 Grub / waste to be left on site. 3 Final surface +/- .20' 4 Excludes hydro seeding 5 If silt fence is needed proposed Cost will be $3.30/LF 6 This Proposal is Valid 20 days Owner/R Date Steve Culbert Date Sub Total $ 154,556.89 Sales Tax $ 13,291.89 Total Bid $ 167,848.78 EXHIBIT A . NOTES 1 Testing services provided by others 2 Grub / waste to be left on site. 3 Final surface +/-.20' 4 Excludes hydro seeding 5 If silt fence is needed proposed cost will be $3.30/LF 6 This Proposal is Valid 20 days O er/ Date Date Heritage Blvd Sewer Extensi CulbertConstruction Inc Steve Culbert 11/21/2014 509-544-0229 Plans Dated: NOV 24 2014 Steve CaCuibertCo,.,❑ „� LL ,. Um No Description City 1 Mobilization 1 its 2 Lube Truck 1 LS 2 Project Manager 1 LS 2 Sewer Main 15" 2550 LF 3 Sewer Services 8" 6 EA 4 Sewer Manhole 8 EA 5 Connect to existing manhole 1 EA 6 Manhole Collars & Bollards 7 EA 7 Gravel Access rd. 8" deep gravel 27529 SF 10 Trimming & Cleaning 1 LS 11 Culvert Crossing 20 LF 12 Asphalt Approach @ E. RD 40 780 SF Sub Total $ 166,439.89 Sales Tax $ 14,313.83 Total Bid $ 180,753.72 . NOTES 1 Testing services provided by others 2 Grub / waste to be left on site. 3 Final surface +/-.20' 4 Excludes hydro seeding 5 If silt fence is needed proposed cost will be $3.30/LF 6 This Proposal is Valid 20 days O er/ Date Date Memo i ' •.1 Public Works Engineering To: Ahmad Qayoumi, P.E., Director Dan Ford, P.E., City Engineer ("If From: Teresa Reed -Jennings, P.E., Senior Civil Engineer Date: December 29 2015 Re: "Heritage Blvd Sewer Extension" Sanitary Sewer System Agreement Gentlemen, As part of the development of the Port of Walla Walla sewer line under the Snake River, Columbia East LLC, entered into an agreement with the Port of Walla Walla to construct a 12 - inch diameter gravity sanitary sewer system on said property for their respective joint use. The 12 -inch gravity sewer portion of the project was titled the Heritage Blvd Sewer Extension and was to be built by Columbia East LLC. During the Walla Walla/Heritage Blvd Sewer Extension plan review process, the City detennined the need for additional capacity in said 12 -inch gravity sewer system for future upstream users. Subsequent calculations determined that a 15 -inch diameter pipe provided additional capacity sufficient to serve the upstream properties. After conversations with the developer, Columbia East LLC, the City proposed to enter into a Sanitary Sewer System Agreement with them to reimburse the extra costs associated with construction of 2,550 lineal feet of 15 -inch diameter gravity sewer main in lieu of 12 -inch diameter pipe. The City requested and received estimates from the developer's contractor, Culbert Construction, to determine the increase in cost attributable to upsizing from a 12 -inch diameter main to a 15 - inch diameter main. These estimates are included in Exhibit A. After review of the estimates, the City agreed to reimburse the developer $12,904.94 (said amount includes Washington State Sales Tax) and prepared the attached Sanitary Sewer System Agreement. This amount equals an increase of approximately $5 per lineal foot to upsize the 12 -inch pipe to a 15 -inch pipe. Payment for the improvements included in the Sanitary Sewer System Agreement will come from Project # CP7-SE-2A-15-75 2015 Annual Sewer Line Extension. Per Ordinance No. 4256, the 2015 budget for # CP7-SE-2A-15-75 is $300,000.00. Per Ordinance No. 4251, the 2016 budget for # CP7-SE-2A-15-75 is $100,000.00. There has been no money spent in 2015 per the 12-29- 2015 Project Transaction Report from LOGOS. The $12,904.94 reimbursement outlined in this Sanitary Sewer System Agreement is the only anticipated charge against this Project. Please secure the required signatures of Dave Zabell on the attached Sanitary Sewer System Agreement and return to Precilla Andaya. Thank you.