HomeMy WebLinkAboutBig Sky Developers, LLC - Water Line Upsize Agreement for Spencer Estates, Phase 3 Parcel No. 126-150-141 (CP-7W-2A-19-50)WATER LINE UPSIZE AGREEMENT
THIS WATER LINE UPSIZE AGREEMENT is entered L day of Q(A:1Jbu( 2019, by and
between Big Sky Developers, LLC., a Limited Liability Company, (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
upsized water line facilities.
WHEREAS, the Developer is proposing to install approximately 890 feet of domestic water line through
Parcel No. 126150141. Said real property is situated northwest of the intersection at Bums Road
and Kohler Road; bordered by Bums Road on the south and Kohler Road on the east. Said parcel
is located outside the existing corporate limits of the City and inside the Urban Growth Area of
Pasco; and
WHEREAS, Pasco Municipal Code 13.45.060 allows for the extens ion of the City's water lines to serve
property located outside the existing corporate limits of the City. The water system improvements
of Parcel 1 13740177 will include th e extension of City water main line; and
WHEREAS, the Current and Future Di s tribution System Improvements Map from the Comprehensive
Water System Plan identifies a 12 " water main to be installed in the Bums Road Right-of-Way;
and
WHEREAS, the minimum water main line s ize that can be ins talled by the Developer has been identified
as an 8-inch water main; and
WHEREAS, the parties desire b y this Agreement, to jointly participate in the cost of the water system
improvements that provides benefit to both the Deve loper's property and the overall water system.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as
follow s :
Water Line Ups ize Agreement -Big Sky Developers, LLC. Page I of6
l. DEVELOPER OBLIGATIONS. Developer shall:
A. Be responsible for the costs of the project including but not limited to the expenses relating to
engineering, design, administration, legal, materials, labor, permits, reviews, and/or approvals from
all applicable jurisdictions, and any other project related costs except for:
Subject to Section 2 (C) of this agreement, the reasonable difference between the
materials costs for upsizing the domestic water main from 8" to 12 " from station
I +00 to station 9+90 as shown on the approved construction drawings.
B . Be responsible for the costs associated with reconnection/alteration of existing users ' utility
connections.
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.
D. Be responsible for providing the City with a cost estimate for all items included in the te1ms of thi s
upsize agreement.
E . Transfer ownership of the water main and all appurtenances to the City in a manner that is
consistent with the policies of the City.
2. CITY OBLIGATIONS. City shall:
A. Be responsible for reasonable costs associated with the furnis hing of materials, for installation of
a 12-inch water main line with 12-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
Water Line Ups iz e Agreement -Big Sky Developers, LLC. Page 2 of6
the required quality of the completed work.
C. Be responsible for direct reimbursement to the Developer for: materials associated with the
upsizing of the domestic water line from 8" to 12 " from station 1+00 to station 9+60 noted on the
approved construction drawings. Costs will be evaluated by the City Engineer or his designee and
shall not exceed $16,470.40. While thi s agreement constitutes a contractual obligation for
reimbursement from the City to the Developer for the items stated, timing of payments will be
based on availability of funds. Upsize funds are distributed on a first-come basis and payments
cannot exceed the annually budgeted amounts without specific approval. This Section 2C shall
survive termination of this Agreement until all reimbursements provided for hereunder have been
paid.
D. Upon satisfactory completion of the improvements described above, accept the improvements as
described above and assume the m aintenance and operation of the improvements thereafter.
3. TERM. This Agreement s hall be effective commencing on the day £ of \) (J\Db,.(;y':
2019, and all improvements, conveyances and obligations of the parties s hall be complete on
or before s ix (6) months immediately following the commencement date of thi s
Agreement. The Agreement s hall 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 repres ent 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 Water Line
Upsize Agreement is valid and binding for all purposes.
5. DISPUTE RESOLUTION. In the event of a dispute b etween the parties regarding the
Water Line Ups ize Ag reeme nt -Big Sky Developers , LLC. Page 3 of6
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, as amended, 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 s hall hold harmless from and indemnify the City against a ll
claims, losses, suits, acti on , 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 empl oyees, agents, contracto rs or subcontracto rs, whether by
negligence o r otherwi se. The Developer's obligati on shall include but not be limited to
investi gation, adjusting, and defending all claims alleging loss from action, error or omission or
breach of any common la w, statutory or other delegated duty of the Deve loper, Developer's
employees, contractors, agent s or subcontractors.
7. GENERAL PROVISIONS.
A. This Water Line U ps ize Agreement constitutes the entire agreement between the parties, and no
prior oral or written agreement shall be valid, and any modifications of tl1is Agreement must be in
writing signed by all parties.
B . This Water Line Upsize Agreement s hall be binding on the parties, and their heirs, success ors and
ass igns.
C. For the purpose of thi s A greement, time is of the essence.
8. MUTUAL COOPERATION AND FURTHER AGREEMENTS. The parti es agree to
Water Line Up siz e Agreem ent -Big Sky Developers, LLC. Page 4 o f 6
cooperate in good faith , with regard to each and every aspect required for the completion of
the const ruc tion of the waterline which is the o bject of this Agreement, and the transfer of property,
and to further sign all documents, d e eds and permits in acco rdance with sta te, federal and local
laws, reasonably necessary to accomplish the purposes of this Agreement.
City o f Pasco, Was hington:
~ By:
Title: -----#-=~~~---~--
STA TE OF WASHINGTON )
: ss.
County of Franklin )
On this day personally appeared before me Dave Zabell, City Mana ger of the City of Pasco,
to be known to be the individual 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 u s e s and purpose s therein mentioned .
GIVEN under my hand and official seal this __C day of Octo~or , 2019.
' APRIL CULWELL '-_.o..n.__ {) ~
NOTARY PUBLIC #208573 NOTA~IC in and for the State of Washington
STATE OF WASHINGTON Residing at: --~B-~_cs,_cO _________ _
COMMISSION EXPIRES My Comm ission Exp ires : j\i.\'-i V:\, ')...01-3
,,. JULY 19, 2023 CJ
Water Line Upsize Agreement -Big Sky Developers, LLC. Page 5 of6
Developer:
By:
Pf?t;y,r;p '"/ A<IA, 5o/ ~>~,)' ll1?w,/4j?er.5
J .,2.. lf 015 £.er~ /"t'9~ 1 ..L cT ,
Address ;:>oi_stc; lJF. 17 > {I )
STA TE OF WASHINGTON )
: ss.
County of Franklin )
On this day personally appeared before me Dave Greeno, to be known to be the Managing
Member of Big Sky Developers, LLC, a Limited Liability Company, that executed the foregoing
instrument and acknowledged the said instrument to be the free and vo luntary act of and deed of
said limited liability company, for the uses and purposes therein mentioned , and on oath stated that
he is authorized to execute the said instrument.
Water Lin e Upsize Agree ment -Big Sky Developers, LLC . Page 6 o f 6
Upsize Item Breakdown
Spencer Estates Ph . 3
3/26/19
12" Waterline on Burns Rd
Item Quantity Unit Unit Rate Amount
Pipe 895 LF $ 39.86 $ 35,674.70
Valve 1 EA $ 1,454.11 $ 1,454.11
Blow-off 1 EA $ 2,153.37 $ 2,153 .37
Connection 1 EA $ 988.25 $ 988.25
Thrust block 1 EA $ 180.00 $ 180.00
Labor 1 LS $14,966.06 $ 14,966.06
Total: $ 55,416.49
Big Sky Deve lopers, LLC
8" Waterline on Burns Rd
Item Quantity Unit Unit Rate Amount
Pipe 895 LF $ 24.05 $ 21,524.75
Valve 1 EA $ 1,035.71 $ 1,035.71
Blow-off 1 EA $ 1,565.50 $ 1,565.50
Connection 1 EA $ 978.35 s 978.35
Thrust block 1 EA $ 180.00 $ 180.00
Labor 1 LS $14,966.06 $ 14,966.06
Total: $ 40,250.37
12" to 8" Difference (Upsize Amount): $ 15,166.12 l (taxes not included)
CITY OF PASCO
INFORMATIONAL COVER SHEET FOR
DOCUMENTS REQUIRING CITY MANAGER SIGNATURE
(Print on Blue Paper when completed .)
Project Name: Spencer Estates Phase 3
Vendor Name: Big Sky Developers, LLC
Contract Number: --=-N=/A'-'------
Amount seeking approval for: $16,470.40
DIVISION:
Date: 9/23/2019 --........ =-=-'-.......C...
G/L Account#: GL-411 -90-661-56.6562
CP7WT2A 19.50
CONTRACT OVER 100,000 0
D Administration [81 Engineering O Operations D Sewer O Water O Irrigation O Treatment Plants O Reuse O Other
AGREEMENT TOPIC & BACKGROUND: Big Sky Developers-Spencer Estates PH3 Water Oversize
Agreement
A proposal to develop parcel 126150141 was submitted by Big Sky Developers , LLC. T~ parcel is bordered
by Burns Road to the south, undeveloped property to the west, Kohler Road to the~. and Burns Estates
Phase 2 to the north . During the review, it was discovered that the currently adopted water comprehensive
plan depicts a 12" water main as part of the Burns Road utility improvements . The necessary water needed to
serve this parcel could be provided through an 8" water main . At the City's request, the Developer has agreed
to put in the water line size defined in the water comprehensive plan with the mutual agreement that the City
would participate in the added expense.
The contractor performing the work provided a cost difference breakdown of the added expense as well as
invoices from their supplier showing actual costs. These supporting documents have been reviewed for
accuracy and approved by the City's Construction Manager. This agreement represents the City's portion of
the cost to oversize the line in Burns Road from 8" to 12".
There was $200,000 budgeted in 2019 for oversize and system improvements for the domestic water system.
Of that $93,872.87 has been spent (Sunbelt Homes Oversize, Eagle Crest PRV), with an additional $41 ,260.04
committed for an oversize that has been approved, but not pa id as of yet. This leaves $64,897 .13 in the fund .
After this agreement is paid, the fund balance will be $48,396 .73.
CONTRACT SELECTION PROCESS:
0 Consultant Roster O RFQ O Formal Bid O Small Works Roster O Negotiated 0 N/A or Other ____ _
BUDGET/FINANCIAL IMPACTS:
Revenues:
411 Fund Budget-2019
411 Fund Spent-2019
411 Funds Committed
Total Funds Available-
2019
$ 200,000.00
$93,872.83
$41,260.04
$64,897.13
CONTRACT EXPIRATION DATE: __ _
D Council ac tion needed for future renewal
Date last update 12 / l I /20 18
Expenditures:
Preliminary Engineering (PE) $
Right-of-Way (RW) $
Construction (CN) $16,470.40
Total Est. Expenditures $16,470.40
INSURANCE EXPIRATION DATE: ------
Locatio n: Engineering W orking Folde r>FORMS>Pasco Blue Sheet 12 -11 -201 8
Project Name -Limits (#XX-XXX)
~ 1/nh ProjectManage Date
D Federal deba rment/suspension requirements met D NIA
D C ontract lang uage D Insuranc e cove rage review ed
D P erformance & payment bond app roval
ATTACHMENTS:
1 Agreement, 1 Water line cost d ifference
breakdown , 1 area map
Blue Sh eet.doc
Page2 2
City Engineer Date
F o r ~ R..,ci..~ S;.;3M
(Z '1 (SOI l q
~ Date
D Fu nding so urce approval
DOCUMENT DISTRIBUTION AFTER SIGNED :
• Original to City Clerk with copy of blue sheet
• Original or Copy to vendor (their choice)
• Copy to Public Works Department
• Copy to F inance Department
7-21-2018