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Home My WebLink AboutRP Development - Riverhawk Estates Irrigation Upsize Agreement - Parcel No. 117510166CITY OF PASCO INFORMATIONAL COVER SHEET FOR DOCUMENTS REQUIRING CITY MANAGER SIGNATURE (Print on Blue Paper when completed.) Project Name: _ RiverHawk Residential Development Contract Number: N/A Amount seeking approval for: $ 108,714.98 Date: 8/16/18 G/L Account #: 420.90.662-56.6562 DIVISION: ❑ Administration ® Engineering ❑ Operations ❑ Sewer ❑ Water ❑ Irrigation ❑ Treatment Plants ❑ Reuse ❑ Other AGREEMENT TOPIC & BACKGROUND: Irrigation Upsize Agreement with RP Development for irrigation line located in a portion of Chapel Hill Blvd. and Road 76. RP Development, a private land development and general contracting business has control of a portion of parcel #117510166 (,preliminary plat identified as Riverhawk Estates). As part of their required subdivision improvements they must install an irrigation line through the eastern of the parcel. The area of installation was previously identified in a technical memo produced by MSA as needing a 12" irrigation line to serve future needs. This upsize agreement reflects the amount that the contractor has requested as reimbursement for the difference between the cost to install the required size to serve the development and cost to install the size that was required per the amendment to the Irrigation Master Plan. CONTRACT SELECTION PROCESS: ❑ Consultant Roster ❑ RFQ ❑ Formal Bid ❑ Small Works Roster ❑ Negotiated ® N/A or Other BUDGETIFINANCIAL IMPACTS: The reimbursement amount has been reviewed and approved by the Construction Manager. Revenues: Expenditures: Fund 420 $108,715 Preliminary Engineering (PE) $ City Match $ Right -of -Way (RW) $ Other_ $ Construction CN $108,715 Total Funds Available $108,715 Total Est. Expenditures $108,715 CONTRACT EXPIRATION DATE:_ ❑ Council action needed for future renewal ,� 8/16/2018 Project Manager Date ❑ Fec*a dekarmen4suspension�equirerryents met ® N/A INSURANCE EXPIRATION DATE: City Engineer Date Finance Director ❑ Funding source approval Date AAWroved by Lee Kerr Evia email) 8/16/2018 Legal Date }• Contract language ❑ Insurance coverage reviewed ❑ Performance & payment bond approval DOCUMENT DISTRIBUTION AFTER SIGNE[ ATTACHMENTS: Agreement (1), Tech Memo (1), Vicinity Map (1), Bid Sheets (3) • Original to City Clerk with copy of blue sheet • Original or Copy to vendor (their choice) • Copy to Public Works Department • Copy to Finance Department Zg30 IRRIGATION LINE UPSIZE AGREEMENT THIS IRRIGATION LINE UPSIZE AGREEMENT is entered _ naL day of 2019, by and between RP Development, LLC., (hereinafter referred to as 'Developer"), and the City of Pasco, Washington, a Washington Municipal Corporation (hereinafter referred to as "City"), for the purpose of irrigation system improvements consisting of irrigation line upsize. WHEREAS, the Developer is proposing a residential housing development at Parcel No. 117510166, the development is to be known as River Hawk Estates PH 2-4, said real property is situated approximately 1200 feet southeast of the intersection at Road 84 and Chapel Hill Blvd. and located inside the existing corporate limits of the City; and WHEREAS, Pasco Municipal Code 21.05.130 requires the extension of the City's irrigation lines to serve property located inside the existing corporate limits of the City. The irrigation system improvements of River Hawk Estates PH. 2-4 will include the extension of approximately 2900 linear feet of an 12 -inch irrigation main line; and WHEREAS, the technical memo, prepared by MurraySmith and Associates at the request of the City, to address the future irrigation needs for this area depicts a 12" irrigation main line connecting to the current feed located at the northern limits of the project which crosses I-182 through an easement granted by WSDOT and continuing south along the proposed alignment for Road 80; and WHEREAS, the Developer has modeled the area and supplied sufficient proof to support that a single 4" irrigation main line would fulfill the demands of the service connections added by their development; and WHEREAS, the parties, desire by this cooperation agreement, to jointly participate in the cost of the irrigation system improvements that provides benefits to the property and the overall irrigation system. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Irrigation Line Upsize Agreement — River Hawk Estates PH. 2-4 RP Development, Inc. Page 1 of 6 1. 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. 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 terms of this upsize agreement. E. Transfer ownership of the irrigation line and all appurtenances to the City in a manner that is consistent with the policies of the City. 2. CITY OBLIGATIONS. City shall: A. 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. B. Be responsible for direct reimbursement to the Developer for: materials and labor associated with the upsizing of the irrigation line from 4" to 12" where noted on the approved construction drawings. Costs have been evaluated by the City Engineer or his designee and shall not exceed Irrigation Line Upsize Agreement — River Hawk Estates PH. 2-4 RP Development, Inc. Page 2 of 6 $108,714.98. While this agreement constitutes a contractual obligation for reimbursement from the City to the Developer for the items stated, timing of payments will be based upon available funds. Upsize funds are distributed on a first come -first serve basis and payouts cannot exceed the annually budgeted amounts without specific approval. C. 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. 3. TERM. This Agreement shall be effective commencing on the day t "' of U' 2019, and all improvements, conveyances and obligations of the parties shall be complete 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 irrigation system improvements consisting of irrigation 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 Irrigation Line Upsize 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. Irrigation Line Upsize Agreement — River Hawk Estates PH. 2-4 RP Development, Inc. Page 3 of 6 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 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 Irrigation Line Upsize 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 Irrigation 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. Irrigation Line Upsize Agreement — River Hawk Estates PH. 2-4 RP Development, Inc. Page 4 of 6 City of Pasco, Washington: City/State/Zip Code STATE OF WASHINGTON : ss COUNTY OF FRANKLIN I certify that I know or have satisfactory evidence that pGt\rt UV" is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. AVA GIVEN under my hand and official seal this r day of v 2019. ff ARY PUBLIC in and for the State of Washington iwew Satuw Rona Residing at: 't' Lw'" ►Ory Pubk SWR d Wien My Commission Expires: I Q 0 3 th, +ten E4*a oto Irrigation Line Upsize Agreement — River Hawk Estates PH. 2-4 RP Development, Inc. Page 5 of 6 Developer: By: 4111 69 w T),ffT] sS � Address ��A) STATE OF WASHINGTON : ss COUNTY OF FRANKLIN I certify that I know or have satisfactory evidence that iiJ QPWtWe-person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. G . - under my hand and official seal this [ I day of3um'2019. NOT Y PUB IC in and for tha State of Washington71 n Aw Residing at AW +I� My Commission Expires: ZL _„ZO2- ; OQ'F 0 ARY k 'i 0 ,00 1#0 pUBL,�G io • Irrigation Line Upsize Agreement — River Hawk Estates PH. 2-4 RP Development, Inc. Page 6 of 6