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.
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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
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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
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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.
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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.
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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.
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AKIMA C TY CLERK
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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.
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CITY OF UNION GAP, WASHINGTON
n-e.-01sorr,
Aubrey C. Reeves Jr., Mayor
Date: /7 )/ /1.)
ATTEST:
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Kathleen M. Holscher, City Clerk
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CITY OF YAKIMA, WASHINGTON
R. A. Zais, Jr , ity Manager
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Karen S. Roberts, City Cl
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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
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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.