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HomeMy WebLinkAboutR-1998-120 South Broadway Sewer Interceptor AgreementRESOLUTION 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 Comell Avenue manhole westward to 10th Avenue in the vicinity of Union Gap and a parallel sewer line in the same vicinity. 10 ADOPTED BY THE CITY COUNCIL this/ g day_f A2ust,1998 Mayor John Puccinelli ATTEST: G'Cit P ---y,...--• >ref / _� C_ Yn L City Clerk (1k)res/south broadwav sewer interceptor -pm 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 14th day of September , 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 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, Union Gap and Yakima for valuable consideration 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 (1k)agree-s broad supplement union gap -pm 7078238 Page 2 Qf 7 0A/21/1A88 04 17P YAKIMR CITY CLERK AGR $14,00 Yakima Co, WA 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 (1k)agree-s broad supplement union gap -pm 111111111111111111111111111111 7078238 Page 3 of 7 YRKIMA CITY CLERK 89/21/1998 04 17P AGR $14,88 Yakima Co, WR 5. CONSTRUCTION OF YAKIMA'S INTERCEPTOR. 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. CONSTRUCTION IN CONJUNCTION WITH 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 Yakima 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 utilities associated with the Valley Mall 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 to the construction of the extension of Valley Mall Boulevard. Upon receipt of such notice, Yakima shall have twenty-four (24) months to complete construction of Yakima's Interceptor in Valley Mall 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 union gap -pm AKIMA CITY CLERI u 1 11 II 111 111 7078238 Page 4 of 7 09/21/1998 0C17P AGR $14,00 Yakima Co, WA 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 (lk)agree-s broad supplement union gap -pm AKIMA C TY CLERK 11 1 11 1 11 1111 11 7078238 Page: 5 of 7 09/21/1998 04:17P AGR $14.00 Yakima Co, WA 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 YAKIMA: TO UNION GAP Wastewater Superintendent Wastewater Division 2220 E. Viola Yakima, Washington 98901 City Manager 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 (lk)agree-s broad supplement union gap -pm 11 11 11 11 11 YAKIMR CITY CLERK 1 11 1 1111 7078238 Page: 8 of 7 09/21/1898 04:17P AGR $14,88 Yakima Co, WA CITY OF UNION GAP, WASHINGTON n-e.-01sorr, Aubrey C. Reeves Jr., Mayor Date: /7 )/ /1.) ATTEST: •---, I, (.... ; 1 C.. / . / _ 4/' I ) . ' / , / - : ''/ ./N__, i' Z/ If Kathleen M. Holscher, City Clerk Page 6 of 6 (lk)agree-s broad supplement union gap -pm CITY OF YAKIMA, WASHINGTON R. A. Zais, Jr , ity Manager Dale: _41,62 Karen S. Roberts, City Cl CrTY C,OlfT PALI 401 ,kesctinioN *01 DT:13,-0 1 11 11 1 1 YAKIMA CITY CLERK 1 1 1 II 11 11 7078238 Page: 7 of 7 09/21/1998 0417P AGR $ 4.08 Yakima Co, WA Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: SUPPLEMENT TO SOUTH BROADWAY SEWER INTERCEPTOR AGREEMENT (Contract No. 98-85) GRANTOR: City of Yakima City of Union Gap GRANTEE: City of Yakima City of Union Gap Reference: City Contract No. 87-20 dated April 21, 1987 Auditor's File No. 2828624 Page 1 of 1 11 11 AKIMA CITY CLERK 11 1 11 1 111 1 11 7078238 Page: 1 of 7 09/21/1998 04.17P ACR $ 4,00 Yakima Co, WA BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. q For Meeting Of August 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 Line and sets conditions under which the City will construct an additional line in the future. Sewer 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. Resolution X Ordinance Contract Other (Specify) Supplement to South Broadway Sewer Interceptor Agreement Funding Source n/a APPROVED FOR SUBMITTAL: -{, City Manager STAFF RECOMMENDATION: Adopt the attached resolution authorizing the City Manager and City Clerk to execute the Supplement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 (° For Meeting Of August 4, 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, Assistant City Manager 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 Line and sets conditions under which the City will construct an additional line in the future. Sewer service to the area South and West of the Airport, including the new National Guard Armory, will be provided by these lines. Resolution X Ordinance Interceptor Agreement Funding Source Contract n/a APPROVED FOR SUBMITTAL: Other (Specify) Supplement to South Broadway Sewer City Manager STAFF RECOMMENDATION: Adopt the attached resolution authorizing the City Manager and City Clerk to execute the Supplement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: 8-4-98: This item was removed frau the agenda.