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
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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.