HomeMy WebLinkAboutR-2000-004 agreement with Union Gap for Sanitary Sewer Improvements & FundingRESOLUTION NO. R-2000- 04
A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to
execute an Agreement with the City of Union Gap for reimbursement of
costs related to design, and construction of a new City of Yakima sewer
line (hereinafter "the Sewer Project) to be constructed in
conjunction with the Valley Mall Boulevard Extension to Third Avenue
South Project (hereinafter "Road Project"), and other documents
relating to the construction of the Sewer Project.
WHEREAS, the City of Yakima has developed a plan in accordance with the
requirements of Public Law 92-500 and 95-217 for wastewater collection, treatment,
disposal for the Yakima Regional Area; such plan being necessary to determine the needs
of the area for health, safety, and well being of the people; and
WHEREAS, Union Gap intends to construct a road improvement project known as
the Valley Mall Boulevard Extension to Third Avenue South ("the Road Project"); and
WHEREAS, Yakima wants sanitary sewer pipes and appurtenances ("the Sewer
Project") to be constructed within portions of the right-of-ways which will be
improved by the Road Project; and
WHEREAS, Union Gap and Yakima agree that including the design and construction
necessary for the Sewer Project as a component of the Road Project is mutually
beneficial; and
WHEREAS, Yakima has determined that, so long as the City may freely withdraw
from the Sewer Project if it is included in Union Gap's Road Project, it is in the City's
best interest to fund design and construction of the Sewer Project as a component of
Union Gap's Road Project and to allow Union Gap to contract for both the road and sewer
design and construction; and
WHEREAS, Union Gap has determined that it is in Union Gap's best interests to
contract for design and construction of the Sewer Project in conjunction with or as a
component of the construction contract(s) under which its Road Project will be
completed, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby duly authorized to execute; the
attached and incorporated Agreement, with, the City of Union Gap which set forth
conditions under which Yakima will reimburse Union Gap for costs associated with the
Sewer Project; and other documents relating to the construction of the Sewer Project.
ADOPTED BY THE CITY COUNCIL this. 18tdhay of January. 2000
ATTEST:
,� 4 �c_� -& env c �
City Clerk
AGREEMENT FOR SANITARY
SEWER IMPROVEMENTS
AND FUNDING
THIS AGREEMENT, is entered into between the City of Yakima, (hereinafter "Yakima")
whose address is 129 North 2nd Street, Yakima Washington 98901, and the City of Union Gap,
(hereinafter "Union Gap"), whose address 102 West Ahtanum Road, Union Gap, Washington
98903.
L RECITALS.
1.1 Union Gap intends to construct a road improvement project known as the Valley Mall
Boulevard Extension to Third Avenue South (hereinafter "the Road Project").
1.2 Yakima wants sanitary sewer pipes and appurtenances (hereinafter "the Sewer Project")
to be constructed within portions of the right-of-ways which will be improved by the Road
Project. The location of the Sewer Project is shown on Exhibit "A".
1.3 Union Gap and Yakima agree that including the design and construction necessary for the
Sewer Project as a component of the Road Project is mutually beneficial.
1.4 Yakima has determined that, so long as the City may freely withdraw from the Sewer
Project if it is included in Union Gap's Road Project, it is in the City's best interest to fund
design and construction of the Sewer Project as a component of the Union Gap's Road Project
and to allow Union Gap to contract for both the road and sewer design and construction.
1 5 Union Gap has determined that it is in Union Gap's best interests to contract for design
and construction of the Sewer Project in conjunction with or as a component of the construction
contract(s) under which its Road Project will be completed.
NOW, THEREFORE, IT IS HEREBY AGREED:
2. YAKIMA SHALL:
2.1 Reimburse Union Gap for costs to prepare the design, engineering, details,
specifications, and estimate for the Sewer Project.
2.2 Review Union Gap's final contract plans and specifications and provide written approval
of the Sewer Project plans and specifications, or a statement of any amendments which Yakima
may deem necessary to Union Gap before the advertisement of the project.
2.3 Review construction bids submitted to Union Gap for the Sewer Project and provide
written notice of approval or disapproval of the Sewer Project bids to Union Gap before the
award of a construction contract. Written notice will be provided to Union Gap no later than five
(5) working days following opening of bids and Yakima's receipt of such bid documents as it
may request.
AGREEMENT FOR SEWER PROJECT Page 1 of 3
2.4 Review and approve all Source of Materials submittals pertaining to the Sewer Project.
2.5 Provide all on-site field inspection for the construction of the Sewer Project except those
services to be provided by Union Gap identified in paragraphs 3.5 and 3.6 of this Agreement.
Field inspection shall be consistent with Sections 7-08, 7-17, and 7-18 of the Washington State
Department of Transportation's 1998 Standard Specifications for Road, Bridge, and Municipal
Construction.
2.6 Prepare a monthly progress estimate of quantities used on the Sewer Project using the bid
item schedule for the construction contract. The progress estimate will be provided to Union
Gap no later than the fifth (5th) day of each month. The progress estimate will include all work
completed through the last day of the previous month.
2.7 Review amounts charged, and provide monthly progress payments to Union Gap for
work performed on the Sewer Project by the contractor and engineer. Progress payments will be
made to Union Gap no later than the twentieth (20th) day of each month. The progress payment
shall be based on the progress estimate provided for in paragraph 2.6 of this Agreement.
2.8 Review amounts charged, and provide a final payment to Union Gap for all costs
reasonably incurred by Union Gap that are directly related to the Sewer Project. These costs
shall include actual sewer construction costs, labor costs for time Union Gap personnel
reasonably spend on the Sewer Project, and material testing expenses. Final payment shall be
made to Union Gap no later than 30 days after Yakima receives a report of final costs from
Union Gap.
3. UNION GAP SHALL:
3.1 Include design, details, and specifications for Yakima's Sewer Project in the consultant's
Scope of Work specified for Union Gap's Road Project. The Sewer Project construction bid
items shall be listed under a separate pay schedule within the construction contract documents.
3.2 Provide a copy of the final construction plans and specifications for the Sewer Project to
the Yakima City Engineer for his/her review and approval before the project is advertised for
bids.
3.3 Provide a copy of the bid results to the Yakima City Engineer for his review and approval
before the award of a construction contract.
3.4 Provide copies of all Source of Materials submittals for the Sewer Project to the Yakima
City Engineer for his/her review and approval before use of the materials on the project.
3.5 Provide field inspection and material testing of trench excavation, trench backfilling, and
pavement repair required for the Sewer Project.
AGREEMENT FOR SEWER PROJECT Page 2 of 3
3.6 Provide construction control surveying for the Sewer Project.
3.7 Make progress payments to the contractor.
3.8 Provide a report of final costs for the Sewer Project to Yakima following completion of
the construction contract. The report shall include a breakdown of costs incurred by Union Gap.
4. TERMINATION:
4.1 Yakima shall have the right to terminate its obligations under this agreement by written
notice to Union Gap at any time. In the event Yakima exercises this right, it shall do so by
written notice to Union Gap and it shall be obligated to pay all expenses directly related to the
Sewer Project authorized by Yakima in writing or reasonably incurred by Union Gap prior to
Union Gap's receipt of Yakima's written notice of termination.
DATED: . / - . 6 -- O 0
CITY OF YAKIMA
R. A. Zais, Jr. City Manager
ATTEST:
Karen S. Roberts, City Clerk
./,r.E:3r'.p4
,
A.
r Thy -w' i't,�yw-
t' � 'tF.�� 41i.i� L:
Contract No. 2000-04
Resolution No. R-2000-4
AGREEMENT FOR SEWER PROJECT
tltr5N
� W r
DATED: /4X--4/9
CITY OF UNION GAP
Aubr
ATTEST:
Reeves, Jr., Mor
hleen M. Holscher, City Clerk
Page 3 of 3
VALLEY MALL BOULEVARD EXTENSION
UNION GAP, WASHINGTON
EXHIBIT A
(SEWERLINE HIGHLIGHTED IN YELLOW)
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of January 18. 2000
ITEM TITLE: Consideration of a Resolution Authorizing the City Manager and City Clerk
to Execute an Agreement for Sanitary Sewer Improvements and Funding
with the City of Union Gap.
SUBMITTED BY: Glenn Rice, Assistant City Manager
Douglas Mayo, Wastewater Manager
CONTACT PERSON/TELEPHONE: Douglas Mayo/575-6077
SUMMARY EXPLANATION: Please refer to enclosed memo and other documents.
Staff respectfully requests City Council approval of the attached resolution authorizing the City
Manager and City Clerk to Execute the attached Agreement for Sanitary Sewer Improvements
and Funding with the City of Union Gap. Said Agreement sets forth the conditions under which
the City will reimburse Union Gap for costs associated with design and construction of the City's
new sewer line which may be constructed in conjunction with the construction of the Valley Mali
Boulevard Extension.
$50,000 has been budgeted for design during 2000 in project 1870.
Resolution ,2c.. Ordinance _ Other (Specify)
Contract Mail to (name and address): Paul Burlingame. City of Union Gap
P.O. Box 3008. Union Gap. WA 98903 Phone 248-0432
Funding Source Wastewater Collection System P 0 ect Fun 476 Project 1870
APPROVED FOR SUBMITTAL: ! K.e......-e-.--k. `
/ ity nager
STAFF RECOMMENDATION: Adopt the attached resolution authorizing the City Manager
and City Clerk to execute the Agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Memorandum
January 11, 2000
To: Honorable Mayor, Members of City Council, City Manager
From: Doug Mayo/Wastewater Manager
Re: City of Yakima Sewer line Construction in Conjunction
with Valley Mall Boulevard Extension.
Due to the need for sewer service in the area South and West of the
Airport, including the new National Guard Armory, in 1998, a
Supplement to the South Broadway Sewer Interceptor Agreement
with the City of Union Gap was executed (see enclosed agenda
statement dated August 18, 1998, resolution 98-120, and
Supplement to South Broadway Sewer Interceptor Agreement). This
supplemental agreement set forth triggers under which Yakima
would construct a second, separate, sewer line for Yakima's sewage
through the South Broadway area. One of the triggers was that the
pipe would be constructed in conjunction with the construction of
the Valley Mall Boulevard Extension.
The Valley Mall Boulevard Extension is now under design by a
consulting firm, Bucher, Willis & Ratliff (BWR), under contract to
the City of Union Gap. Both Union Gap and Yakima believe it to be in
our best interests to add the design of Yakima's sewer line to BWR's
existing scope of work. The actual construction date is uncertain as
a significant portion of the funding was lost due to 1-695.
The Agreement before you today sets forth the terms for Yakima to
reimburse Union Gap for expenses of the design and possible future
construction of this pipeline.
Funding for construction of this new pipeline ($1,000,000) and
funding of any necessary relocation of existing Yakima utilities
along the project corridor ($750,000) has yet to be determined or
secured. In several letters and conversations with Union Gap
officials we have expressed our concern over lack of funds. Our
concerns are yet unanswered.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. q
For Meeting Of Auaust 18. 1998
ITEM TITLE: Consideration of a Resolution Authorizing the City Manager and City Clerk
to Execute a Supplement to South Broadway Sewer Interceptor Agreement with the City of
Union Gap.
SUBMITTED BY: Glenn Rice/ACM
Doug Mayo/Wastewater Project Manager
CONTACT PERSON/TELEPHONE: Doug Mayo/575-6077
SUMMARY EXPLANATION: Staff respectfully requests City Council approval of the attached
resolution authorizing the City Manager and City Clerk to execute the attached Supplement to
South Broadway Sewer Interceptor Agreement with the City of Union Gap. Said Agreement
sets forth conditions for the City's use of an extension to the existing South Broadway t
and sets conditions under which the City will construct an additional line in the future. Se
service to the area South and West of the Airport, including the new National Guard Armory,
will be provided by these lines.
In response to a request from Union Gap, the language in this Agreement has been modified
slightly from that submitted for consideration on August 4. These modifications: deleted the
requirement, in section 3, for Union Gap's flow measuring device to transmit information to the
Treatment Facility; and clarified responsibilities in sections 5a and 5b.
il
Resolution X Ordinance _Contract Other (Specify) Supplement to South Broadway Sewer
Interceptor Agreement
Funding Source n/a ;
APPROVED FOR SUBMITTAL:
City Manager
-4,(gae il--11
STAFF RECOMMENDATION: Adopt the attached resolution authorizing the City Manager and
City Clerk to execute the Supplement.
BOARD/COMMISSION RECOMMENDATION:
-COUNCIL ACTION:
9'
RESOLUTION NO. R-98- 12 0
A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to
execute a supplemental agreement to the 1987 South Broadway Sewer
Interceptor Agreement with the City of Union Gap in order to authorize
future construction of a sewer pipeline from the Pioneer Lane and Cornell
Avenue manhole westward to 10th Avenue in the vicinity of Union Gap and
a parallel sewer line in the same vicinity.
WHEREAS, the State of Washington, in conjunction with the Military Department, is
constructing a wastewater collection pipeline to serve the future site of the Yakima Armory and
Readiness Center; and
WHEREAS, at the conclusion of this project, this pipeline shall terminate into the existing
South Broadway Interceptor of which the City maintains a capacity allocation of only 110,000
gallons per day; and
WHEREAS, at a future time, in conjunction with the construction of the Valley Mall
Extension, this new Yakima City line shall be extended eastward to the City's major sewer
interceptor which parallels the Railroad; and
WHEREAS, until such time that the additional pipeline is constructed, it is necessary for
the wastewater from the Armory and any surrounding City customers to by conveyed by the
existing South Broadway Interceptor; and
WHEREAS, in order to construct the additional pipeline, it is necessary to execute a
supplemental agreement to the existing 1987 South Broadway Sewer Interceptor Agreement with
Union Gap; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
execute the attached supplemental agreement to the 1987 South Broadway Sewer Interceptor
Agreement with the City of Union Gap, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby authorized to
execute the attached and incorporated Supplement to South Broadway Sewer Interceptor
Agreement with the City of Union Gap in order to authorize future construction of a sewer
pipeline from the Pioneer Lane and Cornell Avenue manhole westward to 10th Avenue in the
vicinity of Union Gap and a parallel sewer line in the same vicinity.
ADOPTED BY THE CITY COUNCIL this I day of August, 1998
ATTEST:
/s/ KAREN S. ROBERTS, CMC
City Clerk
(1k)res/south broadway sewer interceptor -pm
SI JOHN PUCCINELLI
Mayor John Puccinelli
SUPPLEMENT TO SOUTH BROADWAY SEWER INTERCEPTOR AGREEMENT
THIS AGREEMENT, hereinafter "Agreement", is entered into by and between the City
of Yakima (hereinafter called "Yakima') and the City of Union Gap, also known as town of
Union Gap (hereinafter called "Union Gap"), this day of ,1998.
WHEREAS, Yakima and Union Gap have on April 21, 1987 entered into an agreement
known as South Broadway Sewer Interceptor Agreement, under which agreement Yakima sold
to Union Gap the South Broadway Sewer Interceptor line; and,
WHEREAS, under the South Broadway Sewer Interceptor Agreement, Yakima retained
the right to 0.11 million gallons per day (mgd) of the capacity of the South Broadway Sewer
6✓ gallons
� • ../ • capacity
Interceptor; and,
WHEREAS, a developer, through Yakima, has proposed to lengthen the South
Broadway Sewer Interceptor by means of a sewer line running from the Pioneer Lane and
Cornell_ Avenue manhole westward to 10th Avenue; and,
WHEREAS, Union Gap is willing to allow additional length to be added to its South
Broadway Sewer Interceptor and a connection be made at the Pioneer Lane and Cornell
Avenue manhole, and agree under certain conditions that Yakima may construct and own a
sewer line in portions of Valley Mall Boulevard; now, therefore,
'Onion Gap and Yakima LOr valuable :uLI'd era'uo'and the mutual exchange of
promises agree as follows:
1. DEFINITIONS.
"South Broadway Sewer Interceptor" shall have the same meaning as defined in the
April 21, 1987 South Broadway Sewer Interceptor Agreement.
"South Broadway Sewer Interceptor Extension" or "Extension" shall mean that extension
of the South Broadway Interceptor to be constructed from the manhole of Pioneer Lane and
Cornell Avenue westerly to 10th Avenue.
"Yakima's Interceptor" shall mean a new interceptor built parallel to the existing South
Broadway Sewer Interceptor from the intersection of Valley Mall Boulevard and the Union
Pacific/Burlington Northern Railroad tracks to the west side of 10th Avenue.
2. SUPPLEMENT TO PRIOR AGREEMENT.
This Agreement is intended to supplement the April 21, 1987 South Broadway
Interceptor Agreement; provided, however, that any inconsistencies and/or conflicts between
Page 1 of 6
(lk)agree-s broad supplement union gap -pm
the terms and conditions stated in this Agreement and the April 21, 1987 Agreement shall be
resolved in favor of terms, conditions, and obligations specifically set forth in this Agreement.
' 3. AUTOMATED FLOW MEASURING DEVICE AND MEASUREMENT.
In order for Union Gap and Yakima to monitor use of the South Broadway Sewer
Interceptor and its Extension; Yakima shall, at no cost to Union Gap, provide and install an
automated flow meter. The automated flow measuring device shall be placed at the Yakima
connection point at Pioneer Avenue and 10th Avenue. The automated flow measuring device
shall measure, record, and transmit flow information to Yakima Wastewater Treatment Facility
regarding the flow from the Yakima sewer system into the Union Gap sewer system. In
addition, the measuring station will be equipped so that sampling equipment can be installed
at this location.
Additionally, Union Gap shall, at no cost to Yakima, provide and install an automated
flow measuring device. The automated flow measuring device shall be placed near the
connection point of the South Broadway Sewer Interceptor and Yakima's system just west of
the Union Pacific/Burlington Northern Railroad tracks. The automated flow measuring device
shall measure and record flow information. In addition, the measuring station will be
equipped so that sampling equipment can be installed at this location.
4. SOUTH BROADWAY SEWER INTERCEPTOR EXTENSION.
Yakima shall ensure construction, at no cost to Union Gap, of a 12 -inch inch sewer line
from Cornell Avenue west to 10th Avenue in Pioneer Lane, to be known as the South
Broadway Sewer Interceptor Extension. Said Extension shall conform with the conditions and
standards for sewer line installation as adopted by Union Gap and effective at the time of
construction, including but not limited to delivery of affidavit of no liens, bill of sale, and
conveyance of easements. Within thirty (30) days of Union Gap's acceptance of the work,
Yakima shall convey the Extension to Union Gap, together with all appurtenances. In
consideration thereof, Union Gap shall grant to and Yakima shall retain 0.11 millions gallons
per day flow based on the average daily flow of the South Broadway area for a 12 -inch sewer
line and 12 -inch sewer line extension. Upon conveyance of the Extension to Union Gap, the
terms of the April 21, 1987 South Broadway Sewer Interceptor Agreement shall apply to the
Extension to the same extent as if the Extension were part of the original South Broadway
Sewer Interceptor. Union Gap shall accept and comply with any and all obligations of any
current and/or future "reimbursement agreement" or similar agreement(s) with the State or
Federal Government regarding the South Broadway Sewer Interceptor Extension.
Page 2 of 6
(lk)agree-s broad supplement union gap -pm
5. C _ STRUCTION OF YAKIMA'S INTERC Y1 OR.
It is agreed that Yakima shall construct a second sewer line running parallel to the
existing pipe from 10th Avenue in Pioneer to Yakima's existing trunk just west of the Union
Pacific/Burlington Northern Railroad tracks. The alignment of the new pipeline shall be
within the Right -of -Way established for the extension of Valley Mall Boulevard. The design of
this pipe shall be contingent upon the design of Valley Mall Boulevard and shall be triggered
by either the design of the Valley Mall Boulevard extension, or by the South Broadway Sewer
Interceptor reaching a combined flow from both parties of 0.44 million gallons per day of the
"average daily flow" in the interceptor line, whichever event happens first.
5a. C.ONS1RULiiONIN CONIJNL�10N Wr !i VALLEY MALL BOULEVARD.
Union gap has received a grant for the design to extend and improve Valley Mall
Boulevard west of Main Street, and Union Gap plans to so improve Valley Mall Boulevard prior
to the existing interceptor's capacity being fully utilized. It is further anticipated that Union
Gap will receive grant monies to construct Valley Mall Boulevard by the year 2003. The parties
agree that ' 3kima will construct a new interceptor sewer line in Valley Mall Boulevard and that
Union Gap will, as set forth in this section, convey an easement to Yakima for this purpose.
The terms and conditions of the easement shall be subject to review and approval of Yakima
prior to execution of the easement. It is agreed that the Yakima sewer line construction in
Valley Mall Boulevard shall be completed simultaneous with said Valley Mall Boulevard
construction. All cost associated with design and construction of said pipeline shall be
separately identified such that no costs for said work shall be the responsibility of Union Gap.
Reasonable efforts shall be made by both parties to receive grant or low interest funding for the
uniines associated with the Valley Mali Boulevard project.
5b. CONSTRUCTION PRIOR TO CONSTRUCTION OF VALLEY MALL BOULEVARD.
Union Gap will immediately notify Yakima in writing if the flow in the South Broadway
Sewer Interceptor reaches a combined flow from both parties of 0.44 million gallons per day of
the "average daily flow" prior tome construction of the extension of Valley Mali Boulevard.
Upon receipt of such notice, Yakima shall have twenty-four (24) months to complete
construction of Yakima's Interceptor in Valley Mali Boulevard right -of way. Union Gap shall
provide right-of-way and design information for the future Valley Mall Boulevard to Yakima.
Every effort shall be made by both parties to insure that the design of Yakima's Interceptor shall
accommodate the future placement of Valley Mall Boulevard. Union Gap shall convey an
easement to Yakima for Yakima's Interceptor in Valley Mall Boulevard from the intersection of
Valley Mall Boulevard and the Union Pacific/Burlington Northern Railroad tracks to the west
side of 10th Avenue. The terms and conditions of the easement shall be subject to review and
approval of Yakima prior to execution of the easement.
Page 3 of 6
(1k)agree-s broad supplement wuon gap -pm
6. SOUTH BROADWAY SEWER INTERCEPTOR AND EXTENSION OWNERSHIP.
Upon completion of Yakima's Interceptor, the entire capacity and ownership of the
South Broadway Sewer Interceptor and the South Broadway Sewer Interceptor Extension shall
revert to Union Gap at no additional cost to Union Gap.
7. INDEMNIFICATION AND HOLD HARMLESS.
a. Yakima agrees to hold harmless, indemnify, and defend Union Gap, its elected
officials, officers, employees, agents, and volunteers from and against any and all suits, actions,
claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees)
which result from or arise out of the sole negligence of Yakima, its officers, employees, agents,
and/or volunteers in connection with or incidental to the performance or non-performance of
this Agreement.
b. Union Gap agrees to hold harmless, indemnify, and defend Yakima, its elected
officials, officers, employees, agents, and volunteers from and against any and all suits, actions,
claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees)
which result from or arise out of the sole negligence of Union Gap, its elected officials, officers,
employees, agents, and/or volunteers in connection with or incidental to the performance or
non-performance of this Agreement.
c. In the event that the officials, officers, employees, agents, and/or volunteers of
both Yakima and Union Gap are negligent, each party shall be liable for its contributory share
of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and
expenses (including reasonable attorney's fees).
d. Nothing contained in this Section or this Agreement shall be construed to create
a liability or a right of indemnification in any third party.
8. NO THIRD PARTY BENEFIT.
This Agreement is for the sole benefit of the parties hereto, and creates no rights or benefits in
any third party.
9. SEVERABILITY.
If any portion of this Agreement is changed per mutual agreement or any portion is
held invalid, the remainder of the Agreement shall remain in full force and effect.
Page 4 of 6
(1k)agree-s broad supplement uniort gap -pm
10. NOTICES.
Unless stated otherwise herein, all notices and demands shall be in writing and sent or
hand delivered to the parties to their addresses as follows:
TO YAK IMA:
TO UNION GAP
Wastewater Superintendent
Wastewater Division
2220 E. Viola
Yakima, Washington 98901
City Manager
d M
102 West Ahtanum Road
Union Gap, Washington 98903
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such
notices shall be deemed effective when mailed or hand delivered at the addresses specified
above.
11. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington.
12. VENUE.
The venue for any action to enforce or interpret this Agreement shall lie in the Superior
Court of Washington for Yakima County, Washington.
13. TERM.
This Agreement shall become effective immediately upon execution by the parties and
shall continue in duration until all terms and conditions have been satisfied by the parties.
14. RESOLUTION.
Each party shall pass a resolution authorizing execution of this Agreement, and a copy
immediately forwarded to the other party. A copy of this Agreement shall be filed with the
Yakima and Union Gap City Clerks, and a copy filed with the Yakima County Auditor.
Page 5 of 6
(1k)agree-s broad supplement union pp -pm
CITY OF UNION GAP, WASHINGTON CITY OF YAKIMA, WASHINGTON
Dan C. Olson, Mayor R. A. Zais, Jr., City Manager
Date: Date:
ATTEST: ATTEST:
Kathleen M. Holscher, City Clerk Karen S. Roberts, City Clerk
Page 6 of 6
(lk)agree-s broad supplement union gap -pm