HomeMy WebLinkAboutR-2006-050 Yakima Sawmill Redevelopment Grant ApplicationRESOLUTION NO. R-2006-50
A RESOLUTION Authorizing the City Manager to execute and submit a grant application not
to exceed $5,000,000 to the Washington State Community Economic
Revitalization Board Jobs Development Fund for Gateway Loop — Yakima
Sawmill Redevelopment Project (the "Project").
WHEREAS, the Washington State Legislature has established the Jobs Development Fund
(JDF) to assist economic growth through public infrastructure investments in the state; and
WHEREAS, economic development is a priority for the City of Yakima, and the City
intends to approach economic development on an inclusive, comprehensive basis which involves
public, private and community-based efforts to achieve new investment and redevelopment in the
City; and
WHEREAS, the Gateway Loop — Yakima Sawmill Redevelopment Project will create a new
development corridor and jobs in the City of Yakima; and
WHEREAS, the site for the project is currently in a transition phase; and
WHEREAS, the improvements to be constructed with JDF funding are eligible for inclusion
in the Six -Year Transportation Improvement Plan; and
WHEREAS, the Project will leverage significant private investment;
Now, Therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute and submit a grant
application, including all understandings and assurances contained therein, for financing from
CERB's Jobs Development Fund, in an amount not exceed $5,000,000 for the Gateway Loop —
Yakima Sawmill Redevelopment Project. The City Manager is hereby designated as the official
representative of the City to act in connection with that funding application and is authorized to take
such additional actions as may be necessary and prudent to complete the application process for the
Project.
ADOPTED BY THE CITY COUNCIL this 28th day of March, 2006.
ATTEST:
David Edler, Mayor
City Clerk
Y.\CITY OF YAKIMA-20009\Jobs Development Fund\Resolution R-2006 (Sawmill Draft - 1 DAB redline 032006).doc
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (the "Agreement") is entered into this
day of May, 2006 (the "Effective Date"), by and between City of Yakima, a
j-toM►•2 ("City") and Culligan International Company , a
("Culligan").
RECITALS:
WHEREAS, Culligan owns a water conditioning facility located at 617 Fruitvale
Blvd. in Yakima, Washington which is serviced by an eight -inch sewer main owned and
maintained by the City of Yakima and located in the easement way for public utility in
the alleyway behind the property;
WHEREAS, the sewer line runs for approximately 440 feet terminating under 6th
Avenue and is or will service additional properties affronting on the line;
WHEREAS, it has been determined that the sewer line pipe needs to be replaced;
WHEREAS, Culligan as an owner of a benefited property and in consideration of
settlement of the disputes outlined in K. Wendell Adams' letter of September 1, 2005,
attached hereto as Exhibit A and incorporated herein (the "Dispute"); desires to have
the sewer line replaced and is willing to share in the cost as set forth below;
WHEREAS, the City desires to settle the Dispute and to undertake the work to
replace the sewer line subject to reimbursement from Culligan for a portion of the costs
of said work as set forth below;
NOW THEREFORE, in consideration of the exhibits and recitals which are
incorporated herein and deemed a part hereof, the parties agree as follows:
1. Work. The City will enter into a contract to complete the work described
on the proposal attached as Exhibit B (the "Work"). The City will use its best efforts to
ensure that the work is completed as soon as possible, lien -free, of good materials and
workmanship ("Completion") and in accordance with the estimated costs. The City
will further ensure that the contractor performing the work coordinates with Culligan
to minimize disruption to its business.
2. Payment. Within thirty (30) days after Completion, Culligan shall
reimburse the City up to one-half of the final cost of the Work; provided such total cost
shall not exceed one-half of the bid amount including sales tax which amount is
$39,095.90 plus an additional amount not to exceed $2,500 for one half of the costs
- 1 -
4844-8392-2944.3
incurred by the City for providing sewer bypass and cleaning required during the
construction process, as well as one half of any costs incurred by the City for
dewatering, if dewatering becomes necessary during the sewer line replacement. The
Work described in Exhibit B shall be deemed completed upon the City mailing Culligan
a written demand for the total agreed upon amount described herein, together with a
certification of Completion for the Work performed. In the event that dewatering is
necessary, the City shall notify Culligan in writing of the issue so that Culligan may be
apprised of the extent of the problem.
3. Indemnification and Hold Harmless. The City agrees to indemnify and
hold Culligan harmless from any and all loss, cost and expense, whatsoever, arising out
of the Work, other than as stated herein; provided, however, that this indemnification
and hold harmless obligation shall not extend to any obligation or liability resulting
from acts, omissions or negligence of Culligan, its agents or employees.
4. Release/Indemnification/Hold Harmless. The parties hereby agree to
release, indemnify and hold each other harmless from any claim they made or could
have made through the date of this Agreement arising out of either parties' actions in
regard to the sewer line, including those that are known and unknown at this time,
including but not limited to those referenced in Exhibit A.
5. Entire Understanding. This Agreement constitutes the entire
understanding of the parties and may be modified only by written instrument executed
by each party. The parties agree to perform all such further acts, and to execute all such
further documents, as may be reasonably necessary to effectuate fully the terms of this
Agreement. No changes or additions to this Agreement shall be valid or binding upon
either Party hereto unless such change or addition is in writing and executed by all
Parties.
6. Authority. Each person executing this Agreement on behalf of a business
entity represents and warrants that he has the authority and power to do so, and to
bind the party on whose behalf he signs.
7. Binding Effect. This Agreement shall be binding upon the parties hereto,
their respective heirs, personal representatives, successors, and assigns.
8. Counterparts and Facsimile Transmission. This Agreement may be
executed in counterparts, and signatures on the Agreement may be transmitted via
facsimile transmission. Counterparts shall be considered one and the same Agreement,
and signatures on facsimile copies shall have the same force and effect as original
signatures.
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4844-8392-2944.3
9. Fees and Costs. All parties agree to bear their own fees and costs incurred
in connection with resolution of this dispute and preparation and execution of this
Agreement; provided however, that in an action to enforce this Settlement Agreement
or any provision herein, the prevailing party shall be entitled to recover reasonable
attorneys' fees and costs.
10. Confidentiality. All parties hereto agree to keep the terms and conditions
of this Agreement and all related agreements confidential.
11. Governing Law. This Agreement shall be governed by the laws of the
State of Washington.
12. Conflict. This Agreement has been prepared by Dorsey & Whitney, LLP,
("Dorsey") who has represented Culligan. Dorsey currently represents the City of
Yakima on an unrelated matter. The City of Yakima by signature below confirms its
acceptance of Dorsey's representation of Culligan in regard to this matter and has relied
on its own counsel to advise it in regard to the preparation of this Agreement. Culligan
likewise consents to Dorsey's representation. In the event of dispute over the terms on
this Agreement, Dorsey shall withdraw from representing Culligan and represent
neither party in regard to such dispute.
13. Venue. The venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of the State of Washington for Yakima County.
14. Attorneys Fees'. In the event a suit, action, arbitration, or other
proceeding of any nature whatsoever, including, without limitation, any proceeding
under the U.S. Bankruptcy Code, is instituted, or the services of an attorney are
retained, to interpret or enforce any provision of this Agreement or with respect to any
dispute relating to this Agreement, all attorneys', paralegals', accountants', and other
experts' fees and all other fees, costs, and expenses actually incurred by the
substantially prevailing party shall be paid by the non -prevailing party.
CULLIGAN: Culligan International Company,
a ... k_-. ceo-r-f.
By:
Name:
Title:
-3
4844-8392-2944.3
/Lay': /7,(/4 t- de, 1,:,2
CITY OF YAKIMA: City of Yakima,
By:
R. A. Zais, City Manager
ATTEST:
Karen Roberts, City Clerk
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4844-8392-2944.3
Ken Leingang Excavating, (tic.
KE•NL•EE-'2010D
1117 No. 27th Ave. Yakima, WA 98902
Bus. (509) 575-5507
Fax (509) 457-3297
CITY OF YAKIMA
129 North 2nd Street
Yakima, WA. 98901
March 8, 2006
Attn: K. Wendle Adams, PE
Re: Culligan Sewer Replacement — Project No. 2159
As per our conversation, we are pleased to quote the following.
1) Furnish and install approx. 432 l.f. of 8" sewer line. Includes (2) new manholes.
2) Reconnect approx. 6-8 side services to new main.
3) Includes sawcutting and necessary asphalt/concrete removal and disposal.
4) Includes traffic control for 6th Avenue crossing and alley way.
5) Includes controlled density fill under railroad line.
6) Includes sidewalk and curb repair on east side of 6th Ave.
7) Includes asphalt repair. Based on 6" in 6th Avenue and 3" in alley way.
8) Sewer tine to be installed as per City of Yakima specifications.
9) All excess material to be hauled off site.
10) Includes street break permit only.
11) Includes fence removal and reconstruction on Culligan property.
12) To be performed during normal business hours.
13) Assumes gas line will not be in trench zone.
14) Assumes 6th Ave can be closed for manhole installation and street crossing/patch. (2 Days)
15) Includes sales tax.
Price: $78,191.81
Note: We are assuming that we will get some assistance from the sewer department to control the waste
runoff/manhole buildup. We have not included any means or methods to bypass the existing line. Steel
plates will be provided to accommodate the forklifts on the north side of the Culligan building.
Our bid excludes the following:
• Engineering, staking, or compaction testing.
• Any additional sawcutting or utility relocation.
• Any sewer line bypass or dewatering.
• Any city fees or permits unless noted above.
• Any bond cost.
Please feel free to contact our office should you have any additional questions.
Th nk you,
Darren Leingang
EXHIBIT B
CITY OF YAKIMA
Culligan Sewer Replacement
City Project No. 2159
QUOTE
Contractor's Signature:
02!24/06
£d Wd8£:£0 9002 bZ "013
SUB TOTAL: '7 ., ZGc'~
Sales Tax 8.20% S, Qs
TOTAL: #7,13‘ , q!
Date: 3 ! 8 ! 454'
2 Contractor Quotation
S0£9 9LS 60S: 'ON Xdd ON I 8a8N I ON8 tiW I >1W 40 AM: 0 : WObd
ITEM
NO.
ITEM PAYMENT SECTION
QTY
UNIT
UNIT PRICE
DOLLARS
AMOUNT
DOLLARS
1
_MOBILIZATION
1
LS
I
2
TRAFFIC CONTROL SUPERVISOR
1
LS
3
MAINTENANCE AND PROTECTION OF TRAFFIC
1 1
LS
4
HOT MIX ASPHALT , CLASS 'A' (PG64-22)
' 43
'TON
5
MANHOLE 48" DIAM.
' 2
-
EA
fr
6
CRUSHED SURFACING TOP COURSE (For Trench Backfill)
83
TON
7
SHORING OR EXTRA EXCAVATION CLASS B '_
432 1_
LF _
_
8
8" PVC SANITARY SEWER PIPE
432
LF
'
9 '
4 IN. DIA. SANITARY SEWER SIDE SEWER
12
LF
10
REPAIR OR REPLACEMENT
1
FA
Contractor's Signature:
02!24/06
£d Wd8£:£0 9002 bZ "013
SUB TOTAL: '7 ., ZGc'~
Sales Tax 8.20% S, Qs
TOTAL: #7,13‘ , q!
Date: 3 ! 8 ! 454'
2 Contractor Quotation
S0£9 9LS 60S: 'ON Xdd ON I 8a8N I ON8 tiW I >1W 40 AM: 0 : WObd
0 7T /r -r-4-45
DEPARTMENT OF cOMMUNITYAND ECONOMCCDEVELOPM
Engineering Division
129 North Second Street
Yakima, Washington 98901
(509) 575-6111 + Fax 5764305
K. Wendell Adams, City Engineer
September 1, 2005
Culligan Water Conditioning
Attention: Ms. Becky Stockatill, Manager
617 Fruitvale Boulevard
Yakima, WA 98902
RE: Engineering Study
Dear Ms. Stockstill:
The Engineering Department for the City of Yakima has reviewed the damn . to the
existing eight (8) inch concrete wastewater pipe serving the Culligan Water, ? nditioning
facility, located at 617 Fruitvale Blvd. in Yakima
After further review of the videotape coverage of the pipe, the City of Yak'
Engineering Department has determined that the pipe must be dug up and rep • • - + in its
entirety; from manhole E3MH72 to E3MH73. The length of pipe in question; xtends 449
feet between manholes. The videotape illustrated such extreme deterioration sections
that this appears to be the only feasible means of repair; slip titling through existing
pipe would not adequately restore the integrity of the pipe.
This repair should be accomplished as soon as possible to minimize any addi
damage associated with the pipe's deterioration and must be complete by Np
2005. Prior to this repair', the appropriate permits must be obtained to perfot
and your plans for replacing the pipe must be reviewed and approved by the
Yakima Engineering Department.
°nal
tuber 12,
the work,
pity of
Please provide the City with a proposed work schedule for this repair by Sed► ' = mbar 16,
2005. The City reserves its right to take any enforcement response• action ori er legal
action that is necessary to remedy this situation and protect the health, safety,,: d welfare
of its residents. If you have any questions or concerns regarding this subject tter,
please contact me at 575-6111.
Sincerely,
K. Wendell Adams, P.E.
City Engineer
City of Yakima
co: Scott Schafer, Assistant Wastewater Manager
EXHIBIT A
Yakima
'111'
.4.a
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. Li A
For Meeting Of: March 28, 2006
ITEM TITLE: Consideration of a resolution authorizing the City Manager to
execute and submit grant applications to the Washington State
Community Economic Revitalization Board (CERB) Jobs
Development Fund for the following projects:
1.) Gateway Loop — Yakima Sawmill Redevelopment Project, in an
amount not exceed $5,000,000; and
2.) Downtown Futures Initiative Phase 3: Core Area Connectors, in
an amount not to exceed $2,360,000.
SUBMITTED BY: Bill Cook, Director of Community and Economic Development
CONTACT: Michael Morales, 575-3533
SUMMARY EXPLANATION:
The Washington State Legislature created a new grant program for CERB in the 2005
session called the Jobs Development Fund. The purpose of the JDF is to provide grants
for construction of infrastructure that is critical to new development and emerging
industries. CERB is accepting applications for projects that will be funded by the
legislature in the 2007 session. The JDF program requires a 66% match by the
applicant agency in order to qualify for funds. Match monies do not need to be secured
for the application process, but must be raised prior to the use of JDF dollars. Eligible
match includes private, local, state and federal funds, and right-of-way contributions.
The city's two applications were selected after consultation with members of the City
Council Economic Development Committee, and are consistent with the council's
economic development strategies and goals. Applications are due April 3, 2006 and
require a council resolution to qualify for review.
Resolution X Ordinance _ Contract _ Other: Grant Application
Funding Source: Washington State CTED
Approval for Submittal:
N
C. Manager
STAFF RECOMMENDATION:
BOARD RECOMMENDATION:
COUNCIL ACTION:
Staff recommends approval of the resolution.
Council Economic Development Committee
recommends approval
(1) Resolution adopted. RESOLUTION NO. R-2006-50
(2) Resolution adopted. RESOLUTION NO. R-2006-51
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