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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