HomeMy WebLinkAbout01/08/2013 04E Industrial Waste System Connection Agreement with Seneca Foods Corporation3�t�r. x ;'4 kti5
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT j I!
Item No.
For Meeting of: January 8, 2013
ITEM TITLE: Resolution authorizing an Agreement with Seneca Foods
Corporation in an amount not to exceed $8,000 for
construction of Seneca Foods' connection to the City's
Industrial Waste System.
SUBMITTED BY: Scott Schafer, Wastewater Division Manager
Shelley Willson, Utility Engineer
CONTACT Shelley Willson /509- 575 -6077
PERSON /TELEPHONE:
SUMMARY EXPLANATION:
The City of Yakima (City) is extending its Industrial Waste (IW) line to connect and serve
existing high strength food processing industries in order to effectively treat their process
wastewater discharge with the City's new anaerobic bioreactor. Doing so will lower
operational costs and help to stabilize future rates for residential, commercial, and industrial
dischargers.
It was originally determined that the City would access the Seneca facilities on the west side
of the Seneca building and connect into their existing side - sewer. However, it has been
determined this will require crossing several existing utility lines and be a substantial
expense to the City. The City and Seneca have considered an alternative plan to connect
from the east side; saving the City an estimated $38,500 but will require Seneca to re -route
their side - sewer.
The City shall pay and reimburse Seneca the costs incurred by Seneca for the excavation
and construction of the IW line within the interior of the Seneca building and of the IW line
extending from the Seneca building to the sampling port. Such reimbursement shall include
cost of labor and pipeline materials. The terms of the Agreement would be in an amount not
to exceed $8,000. (See attached Agreement with Exhibit "A," "B," and "C" referred to as
composite Exhibit "A" in the Agreement)
Exhibit "A" of the Agreement is a map of the construction project.
Exhibit "B" of the Agreement is estimated City construction costs.
Exhibit "C" of the Agreement is estimated Seneca construction costs.
Agreement for
Other Construction of
Resolution X Ordinance Industrial
(specify) Wastewater Line
and Facilities
Contract: X Mail to:
Contract Term: Amount: $8,000.00 Expiration Date: N/A
Insurance Required? No
Funding Wastewater Sewer Constuction Fund 476 Phone:
Source: - Budgeted
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Staff respectfully requests City Council approve the Resolution authorizing the City Manager
to execute the accompanying contract.
BOARD /COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Click to download
❑ Seneca IW Resolution - 201;
❑ Seneca IW Agreement 2012
RESOLUTION NO. R -2013 —
A RESOLUTION authorizing the City Manager to execute an Agreement between
Seneca Foods Corporation and the City of Yakima in an amount
not to exceed $8,000 for construction of Seneca Foods'
connection to the City's Industrial Waste System.
WHEREAS, the City of Yakima (City) owns and operates wastewater collection
and treatment facilities in accordance with applicable Federal, State and Local
regulations, and
WHEREAS, the City is extending its Industrial Waste (IW) line to connect and
serve existing high strength food processing industries in order to effectively treat their
process wastewater discharge with the City's new anaerobic bioreactor; and,
WHEREAS, connecting such industries to the City's IW line will lower operational
costs and help to stabilize future rates for residential, commercial, and industrial
dischargers; and,
WHEREAS, the City desires to extend its IW collection system by installing a 12-
inch line; connecting the high strength food process wastewater discharge of Seneca
Foods Corporation (Seneca); and,
WHEREAS, Seneca has offered to relocate their existing process side -sewer
discharge located on the west side of their facility to the east side, to avoid a substantial
expense to the City due to crossing requirements of several existing utility lines; and,
WHEREAS, such a relocation of their process side -sewer discharge to the east
side of their facility will save the City approximately $38,500.00 with its IW extension
project; and,
WHEREAS, the City shall reimburse Seneca for the actual cost incurred of
relocating their process side -sewer for an amount not to exceed $8,000.00; and,
WHEREAS, the City Council has determined that it is in the best interest of the City
to enter into an Agreement with Seneca for the connection to the City's Industrial Waste
System and the reimbursement of such costs, therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute an Agreement with Seneca
Foods Corporation in the amount not to exceed Eight Thousand Dollars ($8,000.00) for
the reimbursement of the actual costs incurred by Seneca Foods Corporation for the
relocation of their process side -sewer required to connect to the City's IW line, a copy of
the Agreement with Exhibit "A," "B" and "C" are attached hereto and by reference made
a part hereof, now, therefore,
ADOPTED BY THE CITY COUNCIL this 8th day of January, 2013.
ATTEST.
Sonya Claar -Tee, City Clerk
Micah Cawley, Mayor
AGREEMENT FOR CONSTRUCTION OF
INDUSTRIAL WASTEWATER LINE FACILITIES
(City of Yakima and Seneca Foods Corporation)
THIS AGREEMENT, is made and entered into by and between the City of Yakima and Seneca
Foods for the construction of industrial wastewater line and facilities to serve Seneca Foods and
to promote efficiency and cost reduction.
t. RECITALS
A. CITY OF YAKIMA, hereafter called "City," is a municipal corporation of the State of
Washington with City Hall located at 129 North 2nd Street, Yakima, Washington 98901.
B. SENECA FOODS CORPORATION, hereafter called "Seneca," operates a food
processing facility within the City of Yakima, with local corporate offices at 2418 River Road,
Yakima, Washington 98902. Seneca facilities include a plant located westerly of the
intersection of North 23`d Avenue and River Road ( "Seneca building ")
C. City is constructing industrial waste collection and treatment facilities, including pipeline
and fixtures, to serve industrial users and to collect high Biochemical Oxygen Demand (B.O.D.)
waste to fuel the City's industrial waste reactor presently under construction. Seneca's industrial
waste discharge has been identified as meeting the requirements necessary to fuel such
reactor.
D. Pursuant to engineering design and plans for the industrial wastewater pipeline and
facilities, it was originally anticipated that the City would access the Seneca facilities on the west
side of the Seneca building, where an existing wastewater side sewer line is in place. However,
it has been determined that, to construct the appropriate industrial wastewater pipeline and
fixtures at this location will require crossing several existing utility lines and will create
substantial expense to the City. City and Seneca have considered an alternate plan to
construct the industrial wastewater line and fixtures to access the Seneca facilities from the
east, which alternate route and construction will save the City an estimated $38,500.00. (See
attached map, estimated City construction costs, and estimated Seneca construction costs,
attached hereto as composite Exhibit "A" and incorporated herein by this reference.)
E. In order to accomplish the construction and connection of the industrial wastewater line
and fixtures at this alternate location, it will be necessary that certain work take place inside of
the Seneca building. Such work consists of excavation into the Seneca Building floor for a
distance of approximately thirty (30) feet, together with installation of pipeline and fixtures,
extending from the existing wastewater line connection within the Seneca building, to the
exterior of the building, and from the exterior of the building to a new sampling port to be
connected to the new industrial wastewater line lying within the street right of way of North 23`d
Avenue.
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F. The parties desire to enter into this Construction Agreement whereby Seneca agrees to
construct the industrial wastewater line and fixtures within the Seneca building, and to extend
the side sewer line to the sampling port, with the City constructing that portion of the
wastewater side sewer line from the main line within the right of way of North 23rd Avenue to
such sampling port. Following construction and acceptance of such work, the City "'will
reimburse Seneca the costs incurred in excavation and installation of industrial pipeline and
fixtures from the connection within the Seneca building to, and including, the sampling port, in
accordance with the terms and conditions below.
II. AGREEMENT
1. Connection of Industrial Wastewater Line Alonq Alternate Route. City agrees to
construct its industrial wastewater line and facilities so as to allow access, by side sewer line, to
the easterly side of the Seneca building. City and Seneca agree and understand that such
alternate access will avoid City's construction of such lines and facilities to access the westerly
portion of the existing Seneca building, thereby resulting in the saving of approximately
$38,500.00 in City construction costs.
2. City Portion of Construction. City shall construct that portion of the wastewater side
sewer line extending westerly from the main line within the right of way of North 23rd Avenue to
the sampling port, all as shown on the map attached hereto as Exhibit "A" and incorporated
herein by this reference.
3. Excavation and Construction Inside Seneca Building. Seneca agrees to excavate
necessary trench, and to install within such trench, an industrial wastewater pipeline and
pipeline connection to the existing Seneca wastewater line within such building, and extending
from the existing Seneca wastewater line easterly to and through the exterior of the Seneca
building. Such pipeline, fixtures and connection shall be of materials approved by City, with
construction and installation subject to inspection and approval by City.
4. Excavation and Construction Outside Seneca Buildinq to, and Including. Sampling Port.
Seneca agrees to excavate necessary trench, and to install within such trench, an industrial
wastewater pipeline and necessary connections extending from the exterior of the Seneca
building to the industrial wastewater sampling port, and to construct the sampling port at the
location designated in Exhibit "A." Upon completion, the pipeline and fixtures lying within the
Seneca building, and outside the Seneca building to and including the sampling port, shall
constitute Seneca's side sewer connection ( "Industrial Side Sewer "). Seneca shall utilize
existing discharge meter to measure all process wastewater.
5. Reimbursement of Costs of Construction of Portion of Side Sewer Construction. Upon
City's approval of the materials and construction of the Seneca side sewer line and fixtures
described in Sections 3 and 4 above, and acceptance of such completed line and fixtures, City
shall pay and reimburse Seneca the costs incurred by Seneca for the excavation and
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construction of the industrial wastewater line constructed within the interior of the Seneca
building, and excavation and construction of the industrial wastewater line extending from the
Seneca building to and including the sampling port. Such reimbursement shall include cost of
labor and pipeline- materials (hereafter " Connection Improvements ").
5. Procedures Governinq Reimbursement. Upon completion of the Connection
Improvements by Seneca, and approval and acceptance of the Industrial Side Sewer by the
City, Seneca shall submit an invoice to City for reimbursement of allowable Connection
Improvements. "Allowable Connection Improvement Costs" shall be limited to costs of labor
and materials actually incurred by Seneca for the excavation of trench, relocation of existing
Seneca fixtures to accommodate excavation, and construction of the industrial wastewater line
and associated fixtures for the Connection Improvements, Total Allowable Construction
Improvement Cost reimbursement shall not exceed $8,000.00.
The invoice for reimbursement shall include copies of all receipts for materials used in
construction, and documentation of costs incurred, including but not limited to, wages and
compensation paid to workers for such construction. The City reserves the right to require other
and supplemental documentation deemed necessary and appropriate.
Upon receipt of the invoice and supporting documentation, City shall process the request for
reimbursement in accordance with its payment procedures.
6. Ownership and Responsibility for Side Sewer. Upon completion of the Industrial
Side Sewer, and acceptance thereof by the City, Seneca shall be responsible for operation,
maintenance and repair of the Industrial Side Sewer from the industrial wastewater mainline
within the right of way of North 23rd Avenue into Seneca's property.
7. Relationship of the Parties. Nothing in this Agreement shall create a partnership, joint
venture or any relationship other than parties independently contracting for installation of an
Industrial Side Sewer connection. Notwithstanding the reimbursement of allowable costs
pursuant to this Agreement, Seneca shall be solely responsible for payment of all wages,
benefits, taxes and other costs of its employees, agents and contractors undertaking and
performing the work described herein.
8. Waiver and Amendments. Waiver of any breach or any term or condition of
this Agreement shall not waive any prior or subsequent breach. No term or condition is waived,
modified or deleted except by an instrument in writing signed by both parties.
9. Entire Agreement and Modifications. This Agreement and its exhibits set forth the entire
agreement of the parties with respect to the subject matter herein. The parties may supplement
the Agreement by addenda or amendments, when agreed upon by both parties in writing. The
parties shall attach copies of such addenda and amendments and by reference incorporate
them herein.
10. Duration and Authority. This Agreement shall become effective upon signature and
authorization by both parties. This Agreement shall remain in effect for a period either (a)
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sufficient to achieve the purposes of the parties to construct the Industrial Side Sewer and
complete all procedures for reimbursement, or (b) for a term concluding no later than December
31, 2013, whichever first occurs. Termination of this Agreement shall not terminate the hold
harmless provisions set forth in Section 11 below, which provisions shall remain in full force and
effect.
11. Hold Harmless and Indemnification. Seneca shall indemnify and hold harmless the City
of Yakima, its elected and appointed officials, employees, building inspectors, agents and
insurers, from any and all claims, demands, lawsuits, damages and liability arising out of the
performance of this Agreement, except to the extent that such claims, demands, lawsuits,
damages or liability arises out of the negligence or unlawful intentional acts of such City of
Yakima personnel.
City of Yakima shall indemnify and hold harmless Seneca, its elected and appointed officers,
employees, agents and insurers, from any and all claims, demands, lawsuits, damages and
liability arising out of the performance of this Agreement, except to the extent that such claims,
demands, lawsuits, damages or liability arises out of the negligence or unlawful intentional acts
of such Seneca personnel.
A. Notification of Claims. Each party to this Agreement shall promptly notify the
other of any and all claims, actions, losses or damages that arise or are brought
against that party relating to or pertaining to the property and projects described in
this Agreement.
B. Waiver of Immunity — Industrial Insurance. Each party agrees that its
obligations under this section extend to any claim, demand and /or cause of action
brought on behalf of any employees or agents. For this purpose, each party, by
mutual negotiations, hereby waives, with respect to the other party only, any
immunity that is otherwise available against such claims under the Industrial
Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify
the other party.
13. Severability. If any term or provision of this Agreement is found invalid or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be
enforceable and effective to the fullest extent permitted by law. Further, the parties shall
negotiate in good faith regarding amendments to this Agreement that would effectuate the intent
of any provision held invalid or not enforceable.
14. No Third -Party Beneficiary. Nothing in this Agreement is intended to create any rights
in any entity not a party to this Agreement nor is any person or entity not named a party herein a
third party beneficiary to this Agreement.
15. No Public Official Liability. No provision of this Agreement nor any authority
granted by this Agreement is intended to create or result in any personal liability for any public
official or agent of a party, nor is any provision of this Agreement to be construed to create any
such liability.
16. Assignment. The obligations in this Agreement are not subject to assignment.
17. Dispute Resolution — Governing Law — Venue. The parties shall jointly
cooperate to resolve any disputes that arise hereunder. Any dispute shall first be considered by
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the administrative officials of both parties. If such consideration does not resolve the dispute,
the matter will be submitted to the chief executive officers of each party. If the matter remains
unresolved, either party may seek appropriate relief in Yakima County Superior Court, which
court shall be the venue for any action arising under this Agreement. This Agreement and all
performance herein shall be construed in accordance with the laws of the State of Washington.
18. Complete Agreement.This Agreement contains the complete formulation of the parties
with respect to the subject matter of this Agreement. There are no representations,
agreements, or understandings, oral or written, by the parties relating to the subject matter to
this Agreement that are not fully expressed in this Agreement. Each party acknowledges and
represents to the other party that it is executing this Agreement solely in reliance upon its own
judgment and knowledge and that it is not executing this Agreement based upon the
representation or covenant of any other party, or anyone acting on such other party's behalf,
except as expressly stated herein.
WHEREFORE, this Agreement is executed and effective upon the date signed by the last party
to sign below:
CITY OF YAKIMA
Tony O'Rourke, City Manager
Date:
ATTEST:
Sonya Claar -Tee, City Clerk
SENECA FOODS CORPORATION
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RIVER ROAD Exhibit A
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DDB NUMBER: DAB:
12064 10 -18 -2012 CITY OF YA K I M A
FILE NAMES:
DRAWNG: 12064 PB.dwg INDUSTRIAL WASTELINE EXTENSION
DRAWN BY: BAA ALIGNMENT STUDY
SENECA FOODS CORPORATION CONNECTION
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DDB NUMBER: DAB:
12064 10 -18 -2012 CITY OF YA K I M A
FILE NAMES:
DRAWNG: 12064 PB.dwg INDUSTRIAL WASTELINE EXTENSION
DRAWN BY: BAA ALIGNMENT STUDY
SENECA FOODS CORPORATION CONNECTION
Exhibit B
CITY OF YAKIMA
Industrial Wasteline Extension
Seneca Foods Corporation Side Sewer Comparison of Costs
IHLA Project No. 12064
Item
No. Description
Original Plan - Connect to Existing Sampling
1 PVC Sanitary Sewer Pipe 8 In. Diam.
2 Manhole 48 In. Diam. Type 1
3 HMA Trench Repair
4 Sodded Lawn Repair
Preliminary
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1 PVC Sanitary Sewer Pipe 8 In. Diam. LF $28.00 330 $9,240.00
2 Manhole 48 In. Diam Type 1 EA $2,500.00 2 $5,00000
3 HMA Trench Repair SY $40.00 260 $10,400.00
Subtotal $24,600.00
Sales Tax 8.2% $2,000.00
Contingency 10% $2,700:00
Seneca Foods Corporation internal piping work within building by Seneca's Contractor $10,000.00
Total Construction Revised Plan $39,300.00
TOTAL SAVINGS TO CITY $38;500.00
GAPROJECTS\2012 \12064 \PH 5 - Design and Final Plans and Specs\12064 Seneca Cost Estimate Comparison.xls
Overall
Unit
Unit Cost
Quantl1V
Overall Cost
de
LF
$28.00
1,040
$29,120.00
EA
$2,500.00
4
$10,000.00
SY
$40.00
570
$22,800.00
SY
$14.00
240
$3,360.00
Subtotal
$65,300.00
Sales Tax
8.2%
$5,400.00
Contingency
10%
$7,100.00
Total Construction Original Plan
$77,800.00
ncvranu rran - k.vnnec[ [v mew aampimp ron: on tast tiuyamn Siae
1 PVC Sanitary Sewer Pipe 8 In. Diam. LF $28.00 330 $9,240.00
2 Manhole 48 In. Diam Type 1 EA $2,500.00 2 $5,00000
3 HMA Trench Repair SY $40.00 260 $10,400.00
Subtotal $24,600.00
Sales Tax 8.2% $2,000.00
Contingency 10% $2,700:00
Seneca Foods Corporation internal piping work within building by Seneca's Contractor $10,000.00
Total Construction Revised Plan $39,300.00
TOTAL SAVINGS TO CITY $38;500.00
GAPROJECTS\2012 \12064 \PH 5 - Design and Final Plans and Specs\12064 Seneca Cost Estimate Comparison.xls
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New Piping
Pro Cut Concrete Cutting
1 ea 30' trench X 30" wide Saw cut & remove $ 580.00
1 ea 30' long X 30" deep Excavate $ 710,00
1 ea Core drill 9" diameter $ 210.00
$ 1,500.00
Inland Pipe
Sched 80 -T's, 90's, PVC Pipe and more $ 1,873.96
Central Pre -Mix
3 ea $125.50 per yard Concrete
$
376.00
1 ea Truck fee
$
17.00
$
393.00
Wesmar
Seametrics WMX101 -400 4" Mag Meter
$
1,689.00
Seametrics FT420 Remote Meter
$
470.00
$
2,159.00
Standard Paint
A -B Epoxy Makes 2 gallons
$
171.02
A is #P36921$89.09 per gallon
B is #1336841$82.00 per gallon
Star Rental
Copper Slag $14.95 per 100lbs sack $29.90
1630 Grid
Total $ 6,126.88
Exhibit C