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Home My WebLink AboutContract CAG-08-108 �.. `"�+' Agreement Between The City of Renton And Harrington Square Associates, LLC For The Highlands Water Main Improvements Project This Agreement for the Highlands Water Main Improvements Project ("Agreement") is made and entered into this /7�"� day of , 2008, by and between the City of Renton, Washington, a municipal corp�f the State of Washington, (the "City"), and Harrington Square Associates, LLC, a Washington limited liability company ("HSA"). WHEREAS, HSA is constructing the Harrington Square Development, a residential/retail development located at 950 Harrington Avenue NE, Renton, WA, with King County parcel identification number 7727801024; WHEREAS, the City's water mains in the vicinity of the Harrington Square Development cannot provide sufficient flow capacity and water pressure to meet the fire flow demand and water pressure demand for the Harrington Square Development; WHEREAS, the City's development regulations require HSA to design and construct necessary off-site water main improvements to provide the required fire flow demand and water pressure demand for the Harrington Square Development; WHEREAS, the water main improvements will provide additional fire flow capacity and water pressure for fire protection and for domestic use to adjacent properties in the Renton Highlands which front the proposed water main improvements and as such, the water main improvements will benefit the properties, at such time the properties are developed and/or redeveloped; WHEREAS, the water main improvements are considered as the City's infrastructure improvements that will support the City's goals and objectives for phased development and redevelopment strategy to revitalize the Renton Highlands; WHEREAS, it is deemed to be in the best public interest for the City, as owner of the water main improvements, to plan, design and manage the construction of the improvements; WHEREAS, the City's cost estimate, as of March 2008, for the design, construction, and contract administration of the water main improvements, as shown in attached Exhibit B, is Two Million Dollars ($2,000,000); Page 1 of 5 H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-3179 Renton Highlands 565-Zone Water Main Improvements�Agreement with HSA\HSA-Agreement.docWGtp WHEREAS, the City i�nds to establish a City-held Special'"�`ssessment District to ensure that the cost of the project is equitably distributed to properties that will benefit from the project, and at such time the properties are developed or redeveloped; WHEREAS, HSA in consideration of the faithful performance of the work to be done by the City, agrees to pay the City an initial sum of Six Hundred Thousand Dollars ($600,000.00), prior to the City's advertisement for public bids for the construction of the proj ect; WHEREAS,the City agrees to fund the remaining project cost that is over the $600,000.00 to be paid from HSA to the City, and the City's estimated share of the remaining project cost is One Million Four Hundred Thousand Dollars ($1,400,000); WHEREAS, HSA is entitled to be reimbursed by the City for its share of the project cost which is the difference between the initial payment of$600,000 to the City and the final special district assessment charges attributed to HSA's property located at 950 Harrington Avenue NE, and with King County parcel identification no. 7727801024, as described above; WHEREAS, the parties have entered into this Agreement to set forth their respective obligations with respect to the planning, design, construction and funding of the water main improvements project; NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, the City of Renton and Harrington Square Associates, LLC. mutually agree as follows: SECTION 1: UNDERSTANDING This agreement reflects the understanding between the parties regarding the matters covered. It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of HSA shall be deemed, or represent themselves to be, employees of the City. No employees or agents of the City shall be deemed to represent themselves to be, employees of HSA. SECTION 2: SCOPE OF WORK The general location of the water main improvements is shown on attached Exhibit"A". The City agrees that it will, by and through its staff, consultants, and its contractor, perform the following: a. Secure all permits and environmental review approval necessary for the construction of the project. b. Prepare engineering plans and contract documents for public construction bids in accordance to City standards and procedures and applicable state bidding laws. c. Advertise the project for public bids and select the lowest, responsive and responsible bidder for award of the construction contract. Page 2 of 5 H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-3179 Renton Highlands 565-Zone Water Main Improvements�,Agreement with HSA\HSA-Agreement.doc�.AGtp d. Manage, inspecfi�d supervise the construction of the pi'�`ect, including change orders, in accordance with contract documents up to the final completion and acceptance of the project. SECTION 3: PROJECT COSTS ESTIMATE The City's estimated preliminary costs, as shown on Exhibit "B", dated March 25, 2008, of the water main improvements are $2,000,000. Construction costs will be determined after the opening of the bids, and from the bid amount to be submitted by the low bidder. Actual total project costs, including construction costs with final quantities, City's contract administration cost, and change orders cost, will be determined after the completion of the project. SECTION 4: CITY-HELD SPECIAL ASSESSMENT DISTRICT The City intends to hold a Special Assessment District to recover the following costs from benefiting properties within the Special Assessment District boundary to be established for the project: a. The City's actual share of the project cost, and b. HSA's share of the project cost which is the difference between HSA's initial payment of$600,000 and the final special district assessment charges attributed to HSA's property located at 950 Harrington Avenue NE and as described above. SECTION 5: COLLECTIONS AND REIMBURSEMENT OF ASSESSMENTS The City will collect payments for special assessment district charges from properties within the special assessment district boundary; at such times said properties developed and/or redevelop, and such development and/or redevelopment receives benefit from the water main improvements, and/or if the properties connect to the water mains. Reimbursements to HSA for payments collected by the City for the special assessment district sha11 be limited to one fifteen(15) year term from the date of the City's publication of the final assessment roll for the special assessment district. The one time 15-year term limit is established by Chapter 9-5 of Renton Municipal Code for reimbursement to developers and owners of a pro-rata portion of public works facilities, which they install and turn over to the City. All payments collected shall be reimbursed as follows: 1. Payments collected within the first fifteen (15) years from the date of the City's publication of the final assessment roll for the special assessment district will be reimbursed as follows: • 50%to the City but not to exceed the City's actual project costs, including direct and indirect costs. • 50%to HSA but not to exceed the difference between the initial payment of$600,000 by HSA less the final special district assessment charge attributed to HSA's property. Page 3 of 5 H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-3179 Renton Highlands 565-Zone Water Main Improvements�Agreement with HSA\HSA-Agreement.doc�AGtp � � 2. Payments collected after the first fifteen (15) years from the date of the City's publication of the final assessment roll for the special assessment district will be reimbursed as follows: • 100%to the City until all of the City's actual project costs, including direct and indirect costs, are recuperated. SECTION 6: TERM AND EFFECTIVE DATE This Agreement shall remain in full force and effect and be binding on both parties hereto upon accomplishment of the following: a) This Agreement is approved by the City Council of the City of Renton. b) This Agreement is signed by HSA and provided to the City. c) HSA pays the initial payment of $600,000.00 to the City, subject to the reimbursement of HSA's share of the City's collected special assessment district charges as described in Section 6 of this Agreement. d) The City executes this Agreement and the Agreement is recarded. SECTION 7: COORDINATION AND PROJECT MANAGEMENT ASSIGNMENT The City's representative for this Project is: Abdoul Gafour City of Renton Water Utility Engineering Supervisor 1055 South Grady Way Renton, WA 98057 (425-430-7210) HSA's representative for this Project is: Rich Senseney, Project Manager Colpitts Development Company, LLC 1015 37�'Avenue East Seattle, WA 98112 (206-322-1381) Amendment of coordination and project management assignments shall be made by mail by the representative party. SECTION 8: AMENDMENTS Any amendments or modifications to this Agreement shall be made in writing and signed by the parties hereto, and neither the City nor HSA shall be bound by verbal or implied agreements made by any official, agent or representative of either the City or HSA with respect to the subject matter of this Agreement. Page 4 of 5 H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-31'79 Renton Highlands 565-Zone Water Main ImprovemenuWgreement with HSA\HSA-Agreement.doc�AGtp � � SECTION 9: WAIVER No waiver by either party of any term or condition of this Agreement shall be deemed or constructed as a waiver of any other term or condition. No waiver shall be effective unless in writing. THIS AGREEMENT AUTHORIZED BY THE CITY COUNCIL ON mQ�S , 2008 i ��- L.IJGZ�� Bonnie Walton, City Clerk APPROVED BY THE MAYOR ON ��t.c� �7, 2008 . � U ' � Denis Law, Mayor Approved as to legal form: �t•�s�r►.�<�� wG''-�.�. Larry Warren, City Attorney APPROVED BY HARRINGTON SQUARE ASSOCIATES, LLC. ON , 2008 �� .� . Si�gnature !��c.-�� e_ ��«IS�. n�,,.��,:�� .,�s.� Printed Name & Title � L) � EXHIBITS: Exhibit A: Site Plan for Highlands Water Main Improvements Project. Exhibit B: Preliminary Project Cost Estimates-March 2008 Page 5 of 5 H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-3179 Renton Highlands 565-Zone Water Main Improvements�Agreement with HSA\HSA-Agreement.doc�,AGtp -- ---- - -- — -- — -- — -- --- .- r - -- i i`I j . � -�---- ----_ _-� j - - �,,, , '�*'' Exhibit Pr � � ; � i i i j ' � _ i�t, 1� iF- Si _- __ � . , � . �. i j i i ' ' 30 ; i ' �-� � - _ f - � , I 1 � ; --� �� ; ; _ /r , ----� , � � � , ; �� , � , ; ' _ . ' ..'_ J - , _ . 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' � _ _ � , - - -a � �,..._ 16 ..�-�"� _ -� - - - _ ` i : - a - - � -- - - i , �, - -{ _ - --i �- - -- - � - - � ` -- � - �C?UNDARY 0 -�ECI, AS��I�I�NT D:��i�� _- � , - --1 - - _ � ---� —. _ - -- pL - k . , , - - ; ; til�. _,.....__.._ _ _ , - HIGHLANDS 565-ZONE WATER MAIN IMPROVEMENTS SPECIAL ASSESSMENT DISTRICT Prepared by: EXHIBIT B Abdoul Gafour Highlands Water Main Improvements City of Renton Preliminary Cost Estimate 03;25�08 Number Unit Descnption Quantity Unit Cost Engineer's Estimate 1 Lump Sum Mobilization, Demobilization 1 , $100,000.00 $100,000.00 2 Lump Sum Construction Surveying, Staking and As-Builts 1 $25,000.00 $25,000.00 3 Lump Sum Traffic Control 1 $60,000.00 $60,000.00 4 Lump Sum Erosion, Sedimentation Control and Landscaping 1 � $5,000.00 $5,000.00 � 5 Lump Sum Shoring, Design, Construction and Maintenance 1 $15,000.00 $15,000.00 , 6 Lmear Foot Furnish and Install 12" Dia. Ductile Iron Water Main & Fittings 4500 $130.00 $585,000.00 7 Linear Foot Furnish and Install 10" Dia. Ductile Iron Water Main & Flttings 50 $100.00 ' $5,000.00 8 Each Furnish and Instali 12" Gate Valve Assembly 24 $3.000.00 $72,000.00 ' - - - 9 Each Furnish and Install 10" Gate Valve Assembly 4 $1,200.00 $4,800.00 10,Linear Foot Furnish and Install 8" Dia. Ductile Iron Water Main & Fittings 30 $100.00 $3,000.00 11�Linear Foot Furnish and Install 6" Dia. Ductile Iron Water Main & Fittings 40' $90.00 $3,600.00 13'Each 12" Megalug Assembly _ 10' $400.00_ $24,000.00 JI - - _ __ _ _ 14 Each Furnish and Install Fire H drant Assembl $4,000.00 —- Y y 6; - -- -- - 5 — - - ach Connection to Existing Water Mam $7,000.00 $35,000.00 � - - -- - - 15,Each Fumish and Install 3/4"Water Service 5 - - - -- $0.00 I - 16', - - -- i _ 1,750.00 $8,750.00 Each Furnish and Install 1"Water Service 0 $1,700.00 � 17 Each IFurnish and Install t-1/2"Water Service 0 $2,000.00 $0.00 18 Ton Furnish and Install Imported Select Trench Backfill 3000 $25.00 $75,000.00 - -- — - - - - - -- - - 19' on Furnish and Install Foundation Material 500 $25.00 $12,500.00 20 Each Furnish and Install 2 Inch Blow-off Assembly 2 $4,000.00 , $8,000.00 21 Ton 8"Thick Asphalt Concrete for Trench Patching 2100 $150.00 ', $315,000.00 ' 22,Ton Crushed Surfacing Top Course 1000, $30.00 $30,000.00 - - - — 23 Cu-Yd Concrete for Thrust Blocking & Dead-Man Anchor Blocks - - 100, $250.00 I $25,000.00 24,Sq Yd 'Removal and Repiacement of Concrete Sidewalk and Driveways 100'� $150.00 ! $15,000.00 I, - - — - - -- 25 Linear Foot Removai and Replacement of Concrete Curb & Gutter - -- -' - - 200', $50.00 $10,000.00 I� 26,Lump Sum Removal of Existing Water Mains, hydrants, valves boxes, etc. $10,000.00 $10,000.00 � 27 Lump Sum Traffic Loops Sensor Replacement 1� $30,000.00 - , $30,000.00 Total ' $1,480,650.00 8.9%sales tax $130,297 Total $1,610,947 20%contingencies $g22 1 gg 4°�o inspection and project management $66,863 . Total with contin�encies and inspection , $2.000,000 H/Filesys/WTR-27-3179/AgreementHSA%Exhibit B.xls Page 1