HomeMy WebLinkAboutMurraysmith - Task Order No. 4 Pahlisch Homes Reimbursement AgreementREIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT (the "Agreement") dated as of June 14 ,
2018, is between the City of Pasco, Washington, a Municipal Corporation ("City"), and Pahlisch
Homes, a Washington Limited Liability Company ("Developer"), for the payment of outside
consultant review fees related to sewer system planning for The Parks at Riverbend Development.
WHEREAS, Developer has applied to the City for a preliminary plat for The Parks at
Riverbend Development; and
WHEREAS, pursuant to City policy and practice for preliminary plat applications, the
City's Engineering Department has set forth, in a Memo dated May 3, 2018, to Darcy Bourcier,
City Planner, a set of conditions required for said preliminary plat approval; and
WHEREAS, included in condition #13 of the Memo referenced above is the requirement
that all costs associated with the review of Developer's proposal to relocate a regional lift station
shall be borne by the Developer; and
WHEREAS, the City has received a proposal from on-call consultant, Murraysmith, Inc.
("Engineer") to provide engineering and related services to evaluate the proposed relocation of the
regional sewage lift station defined in the 2014 CSP near Shoreline Drive to the southwest comer
of the Rocky Hills property; and
WHEREAS, subject to the execution of this Agreement by Developer and City, and upon
receipt of the deposit required herein, City intends to execute Task Order No. 4, attached hereto
and incorporated into this Agreement as Exhibit A, directing Engineer to perform such work as
identified therein; and
WHEREAS, Developer and City intend by this Agreement to set forth the terms and
conditions for the payment or reimbursement by Developer of City's expenses incurred in
connection with Task Order No. 4 (Exhibit A).
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN,
the Parties agree to as follows:
I. Upon receipt of an executed original of this Agreement and the deposit required by
this Agreement from Developer, City shall execute Task Order No. 4 (Exhibit A). City shall not
amend or change any of the provisions of Task Order No. 4 so as to increase the amount payable
without the written consent of Developer, which shall not be unreasonably withheld. In the event
that a change in Task Order No. 4 will result in additional cost, City will not issue the change order
until Developer has deposited additional funds with the City necessary to cover such increased
costs.
2. Developer shall reimburse the City for all costs and expenses incurred by the City
pursuant to Task Order No. 4 when City is invoiced by Engineer.
Reimbursement Agreement- 1
3. Upon receiving any billing from Engineer for costs and expenses payable pursuant
to Task Order No. 4, City shall forward a copy of the invoice to Developer's Representative (as
identified hereinafter) for review and comment. Unless Developer's Representative has delivered
a written objection to the billing contained within said invoice to the City's Representative (as
identified hereinafter) within ten (10) calendar days after the invoice is sent to Developer's
Representative, City may pay the invoice and it shall thereafter be conclusively presumed that the
invoice was valid and properly payable. Developer shall be responsible for any late charges,
interest or other expense incurred by City that becomes due and payable as a result of any delay
due to Developer's objection to a billing. City shall assist Developer in obtaining any backup
information for any invoice reasonably requested by Developer.
4. Contemporaneously with the execution of this Agreement by City and Developer,
Developer shall deliver to City Six Thousand Dollars and 00/100 ($6,000.00) to be held by City
as security for Developer's obligation to reimburse City as set forth in this Agreement. This
Reimbursement Deposit may be held as part of the City's general funds but shall be segregated for
accounting purposes and shall cam interest at the rate that City's general funds earn interest.
Developer hereby grants to City a security interest in the Reimbursement Deposit for the purpose
of securing Developer's obligations under this Agreement. City shall use funds in the
Reimbursement Deposit only to pay or reimburse itself for payment of the costs incurred by City
in connection with Task Order No. 4. Upon completion of the Engineer's work pursuant to Task
Order No. 4, City shall provide Developer's Representative with an accounting for the
Reimbursement Deposit and City shall refund to Developer any remaining funds in the
Reimbursement Deposit Agreement.
5. Developer designates Chad Bettesworth- to serve as Developer's Representative
for the purpose of this Agreement. Developer shall have the right to replace the individual initially
designated as Developer's Representative by a written notice delivered to the City as least five (5)
business days before the effective date of the new designation. City shall have the right to deal
solely with Developer's Representative with respect to the matters set forth above as to which
Developer's Representative is identified as having authority herein and, as to those matters, it shall
be conclusively presumed that Developer's Representative is fully authorized to act on behalf of
Developer.
City designates City Manager Dave Zabell or his designee to serve as City's Representative
for the purpose of this Agreement. City shall have the right to replace the individual initially
designated as City's Representative by a written notice delivered to the Developer's
Representative as least five (5) business days before the effective date of the new designation.
Developer and Developer's Representative shall have the right to deal solely with the City's
Representative with respect to the matters set forth above as to which City's Representative is
identified as having authority and, as to those matters, it shall be conclusively presumed that the
City's Representative is fully authorized to act on behalf of the City.
6. Any notice required or permitted hereunder shall be personally delivered or mailed
in the United States mails, first-class postage prepaid, to the party to be served at the following
addresses:
Reimbursement Agreement- 2
To Developer and Initial Developer's Representative:
Pahlisch Homes
Attn: Chad Bettesworth
210 SW Wilson Avenue, Suite 100
Bend OR 97702
To City and Initial City's Representative:
City of Pasco
Attn: Dave Zabell, City Manager
525 North 5"
Pasco WA 99301
Notice personally served shall be deemed served on the date of delivery. Notice mailed
shall be deemed served the next business day following the date of mailing if mailed in Pasco,
Washington.
This Agreement is intended to express the entire agreement of the parties
concerning the reimbursement to City of the expenses to be incurred by City in connection with
the work performed under Task Order No. 4 and supersedes the parties' prior agreement for these
services. This Agreement may not be altered or modified in any way unless such modification is
reduced to writing, mutually agreed upon and signed by both parties, and affixed to this original
Agreement. If any provision of this Agreement is held invalid by a Court of competent jurisdiction,
the invalidity shall not affect other provisions or applications of this Agreement that can be given
affect with the invalid provision or application.
8. For the purpose of this Agreement, time is of the essence. Should any dispute arise
concerning the enforcement, interpretation, breach or any other term of this Agreement, the parties
shall first meet in a good faith effort to resolve the dispute. In the event the dispute cannot be
resolved by agreement of the parties or by mediation, the dispute shall be resolved by binding
arbitration pursuant to RC W 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR).
Venue shall be placed in Franklin County, Washington; the laws of the State of Washington shall
apply; and the prevailing party shall be entitled to its reasonable attorney fees and costs.
CITY:
City of Pasco, Washington /gtton
By:
ave b ager
DEVELOP R:
Pahlisch otnes
By: _ ✓ i
had a wort
Reimbursement Agreement- 3
Date: of
Date:
TASK ORDER NO.4
Reviewed By: /.) — 19 City Project Code:
REGARDING GENERAL AGREEMENT BETWEEN CITY OF PASCO
AND
MURRAYSMITH, INC.
Project Description:
The professional engineering services associated with this Task Order 4 are for review of the proposed
developer concepts for the sewer utility associated with the Rocky Hills property in the Northwest Service
Area. Murraysmith will assist the City in the evaluation of the relocation of the proposed regional sewage
lift station located on Shoreline Drive defined in the 2014 Comprehensive Sewer Plan (CSP). The review
will assess impacts on the planned gravity contributing basin to the lift station.
Scope of Services:
Services will consist of an evaluation reviewing the proposed relocation of the regional sewage lift station
defined in the 2014 CSP near Shoreline Drive to the southwest corner of the Rocky Hills property. This
includes re -confirming the contributing basin to the sewage lift station to determine if a larger area beyond
the Rocky Hills property can still be served. The potential impacts to the City based on the relocation of the
sewage lift station associated with reduction in gravity contributing basin and need for any additional lift
stations will be identified. The anticipated first phase of this task order is the review of the developer's
route analysis to assess proof of concept and to determine if there are any impacts to the proposed gravity
collection concepts for the lift station from the 2014 CSP for serving the Northwest Service Area.
Initial review comments for the proof of concept for the proposed sewage lift station relocation will be
provided via email. These comments along with a summary of the impacts to the City based on the
relocation of the regional sewer lift station will be incorporated into a three-page technical memorandum
and provided in an electronic format.
Assumptions:
• The scope and budget are limited to the proposed developer concept for the Rocky Hills property
connection to the proposed sewer trunk extension.
• The evaluation does not include further analysis of on impacts to the West Pasco Trunk, which were
previously defined in the 2016 On -Call Municipal Engineering Services Task Order No. 4 and 5.
• This evaluation only includes review of the proposed sizing of a sewage lift station and force main,
proposed by the developer to ensure that it is expandable to meet future needs.
• This evaluation does not include reviewing alternative alignment or performing cost comparisons.
• Services will only be performed based on the approval of the City Engineer.
• One (1) meeting is planned with City and developer to review results of the evaluation.
Deliverables:
• A final three-page technical memorandum summarizing the evaluation will be provided in electronic
format, incorporating initial review comments provided via email.
• Figure delineating new regional lift station service area.
Professional Services Agreement- Murraysmith, Inc.
2018 On -Call Municipal Engineering Services Page 1 of 2
Time of Performance:
Work will be completed as requested by City.
Fee for Services:
On call engineering services will be billed on a time and materials basis with a total estimated budget of
$6,000, which shall not be exceeded without prior written authorization from the City. Compensation and
payment is per the
y1 2018 On -Call Municipal Engineering Services, Professional Services Agreement.
Proposed: 612,,
^^ y lB
M�aysmith, Inc. Date
Joseph Foote, Senior Engineer
Approved: / J/zj
City of Pa o Date
Dave Zabell, City Manager
Professional Services Agreement- Murraysmith, Inc.
2018 On -Call Municipal Engineering Services Page 2 of 2