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HomeMy WebLinkAboutZeigler Construction 2 LLC - Water Line Upsize/Extension AgreementWATER LINE UPSIZE/EXTENSION AGREEMENT THIS WATER LINE UPSIZE/EXTENSION AGREEMENT is entered 1.47.4 day of 2018, by and between Zeigler Construction 2, LLC, a Washington Limited Liability C oration (hereinafter referred to as "Developer"), and the City of Pasco, Washington, a Washington Municipal Corporation (hereinafter referred to as "City"), for the purpose of water system improvements consisting of water line upsize. WHEREAS, the Developer is proposing a commercial development at Parcel No. 118501015, the development is to be known as Lamb Addition, said real property is situated approximately 800 feet north of the intersection at Road 68 and West Court Street and located outside the existing corporate limits of the City; and WHEREAS, Pasco Municipal Codes 13.16.011, and 13.36.012, allow for the extension of the City's domestic water lines to serve property located outside the existing corporate limits of the City. The domestic water system improvements of Lamb Addition will include the extension of approximately 423 linear feet of an 16 -inch domestic water main line; and WHEREAS, the City of Pasco Comprehensive Water System Plan shows a 16 -inch main from the intersection of Road 68 and West Argent Road to the intersection of Road 68 and West Court Street; and WHEREAS, the Developer's original design included a 12" domestic water main along the frontage of Won WHEREAS, the parties, desire by this cooperation agreement, to jointly participate in the cost of the water system improvements that provides benefits to the property. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Domestic Water Line Upsize Agreement — Zeigler Construction 2. LLC Page 1 of 6 1. DEVELOPER OBLIGATIONS. Developer shall: A. Be responsible for all the costs associated with the furnishing of materials and labor, and construction of an 12 -inch domestic water mainline with 12 -inch valves. B. Be responsible for the costs associated with reconnection/alteration of existing users' utility connections along the frontage associated with the above mentioned parcel. C. Be responsible for the costs of all 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. 2. CITY OBLIGATIONS. Cityshall: A. Be responsible for the costs associated with the furnishing of materials and labor, and install of 423 feet (distance of upsize) of 16 -inch domestic water main line with 16 -inch butterfly valves. 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. C. Be responsible for direct reimbursement to the Developer for: materials and labor associated with the upsizing of the domestic water main line from 12" to 16" where noted on the approved construction drawings. Costs will be evaluated by the City Engineer or his designee and agreed upon prior to final payment. D. Upon satisfactory completion of the improvements described above, accept the improvements as described above, and as an in-kind replacement of a City asset and the maintenance and operation of the improvements thereafter. Domestic Water Line Upsize Agreement — Zeigler Construction 2. LLC Page 2 of 6 3. TERM. This Agreement shall be effective commencing on the day—= Of 2018, and all improvements, conveyances and obligations of the parties shall be co Tete on or before six months immediately following the commencement date of this Agreement. The Agreement shall terminate no later than one year following the commencement date of this Agreement, or with the completion and acceptance of the water system improvements consisting of water line upsize, 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. The Developer. B. The City of Pasco. The officers signing below are authorized to do so and that the execution of this Domestic Water Line Upsize/Extension 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 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 Domestic Water Line Upsize Agreement — Zeigler Construction 2. LLC Page 3 of 6 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. 7. GENERAL PROVISIONS. A. This Domestic Water Line Upsize/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 Domestic Water Line Upsize 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 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. Domestic Water Line Upsize Agreement — Zeigler Construction 2. LLC Page 4 of 6 DATED this 02" day of CITY OF PASCO a 11, City Manager STATE OF WASHINGTON ss County of Franklin ) On this day personally appeared before me Dave Zabell City Manager of the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal thiday of r 201% Washington Residing at V-� My Commission Expires TONI L. ZUNKER NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MARCH 3, 2020 Domestic Water Line Upsize Agreement — Zeigler Construction 2. LLC Page 5 of 6 Zeigler Construction 2, LLC. Signature STATE OF WASHINGTON ) ss County of Franklin �) Ut �C Print Full Name On this day personally appeared before me T amts a �@ : � 1 << described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. ao 2 GIVEN under my hand and official seal this 1 day of Fel vM,-% ,39i7. �G Notary Public in and for tate of Washington Residing at `Pax. My Commission Expires n / n l ao 'Xi Domestic Water Line Upsize Agreement — Zeigler Construction 2. LLC Page 6 of 6