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HomeMy WebLinkAboutLift Station Maintenance Agreement with Edmonds Construction, Inc. for Packard SubLIFT STATION MAINTENANCE AGREEMENT This Agreement is entered into this 29th day of August, 1997, by and between the CITY OF MERIDIAN (hereinafter "Meridian") and PACIFIC NORTHWEST ELECTRIC, INC., an Idaho corporation, and EDMONDS CONSTRUCTION, INC., an Idaho corporation (hereinafter jointly referred to as "PNE"). WITNESSETH WHEREAS, PNE has made application to Meridian to rezone and annex that certain parcel of real estate to be known as Packard Subdivision and to develop that subdivision as more particularly described on its initial application; and, WHEREAS, Meridian has granted PNE's application subject to all of the terms and conditions of a Developer's Agreement entered into on September 2 , 1997; and, WHEREAS, one specific condition of the Developer's Agreement requires PNE to install a sewage lift station in order to properly move sewage from a collection point in the subdivision to connect to the South Slough Interceptor of the Meridian Sewer System, which lift station must be monitored and maintained to prevent malfunctions; and, WHEREAS, Meridian has the capability and the expertise to monitor and maintain this lift station because it does the same with other lift stations at other projects and subdivisions, and will agree to do the same for PNE for a fee equivalent to its costs and expenses; and, WHEREAS, PNE intends to form anon-profit corporate homeowners association to be known as Packard Homeowners Association, Inc. (hereinafter the "Association") and said association will pay Meridian's fees for monitoring, repairing, and maintaining this lift station after construction by PNE and assignment of this Lift Station Maintenance Agreement thereto and, if assignment is not made, PNE shall be responsible for Meridian's fees to monitor, repair, and maintain this lift station; NOW, THEREFORE, in consideration of the mutual benefits, the parties agree as follows: 1. The above recitals are contractual and binding. 2. Scope of Meridian's duties: Meridian shall provide the following periodic maintenance services to the Packard lift station: A. Daily operations monitoring B. Periodic line maintenance in accord with Meridian's normal schedule. Page -1- -~ ~ . C. Emergency response to telemetry relayed breakdown messages. D. In the event routine repairs exceeding One Hundred Dollars and No Cents ($100.00) are needed, Meridian shall notify PNE, who shall then make, or contract for, the repairs at PNE's separate cost. E. In the event emergency repairs are necessary, Meridian shall cause those repairs to be made at PNE's expense. Cost for emergency repairs shall be based on time and materials in correcting the problem. Time will be at the rate of Thirty- One Dollars and Fifty Cents ($31.50) per hour for two (2) personnel or at the then published hourly rate for services by Meridian wastewater maintenance personnel during regular hours (8:00 a.m. -5:00 p.m. Monday through Friday) and Forty-Nine Dollars and Fifty Cents ($49.50) per hour for two (2) personnel for non-regular hours, or at the then published rate for non-regular hours. A service vehicle rate is charged at Fifteen Dollars and No Cents ($15.00) per hour in addition to the personnel charge. NOTE: Emergency repair call-outs require the use of two (2) employees for safety purposes. F. These rates are subject to periodic negotiation not more frequently than once per year or, if the parties agree, the rates may be negotiated by mutual agreement at any time. 3. Scope of PNE duties: A. In addition to bearing the cost of installing the sewage lift station, PNE shall install an alarm system in accord with City Standards which shall cause a telemetry relayed breakdown signal to be relayed to the Meridian City Wastewater Department which shall then give rise to the duties in Section 1. B. PNE shall pay all utility costs incurred in operating the lift station, including water, power, and telephone. C. PNE shall pay to Meridian routine maintenance charges as follows: i. Initially, one visit per day lift station monitoring at Two Hundred Forty-Five Dollars and No Cents (245.00) per month. At a future time in the development of this subdivision, when sewage flow into the lift station has increased to a point where, in the opinion of the City Wastewater Superintendent, two daily visits are required, the monthly maintenance charge shall increase to Three Hundred Forty Dollars and No Cents ($340.00) per month. Page -2- ,* ii. Periodic line cleaning at One Hundred Thirty-Five Dollars and No Cents ($135.00) per cleaning, as necessary or in accord with Meridian's normal cleaning schedule. These rates are subject to periodic negotiation not more frequently than once per year, or, if the parties agree, the rates may be negotiated by mutual agreement at any time. 4. PNE shall indemnify and hold Meridian harmless from any and all losses, claims, actions, judgments for damages or injury to persons or property, and losses and expenses caused by, or arising from, operation and maintenance of the lift station and not caused by the negligent conduct of Meridian or its employees. 5. All sums of money due to Meridian shall be paid within thirty (30) calendar days of the date of invoice. 6. This agreement may be terminated by either party upon sixty (60) days written notice. 7. In the event that the sewage collection system serviced by this sewage lift station can subsequently be connected directly to a gravity sewer line connecting to a main sewer trunk line, making the lift station unnecessary, then the lift station may be abandoned and all of the equipment shall belong entirely to PNE or its assignee. 8. The duties and rights of PNE may be assigned by PNE to the Association. PACIFIC NORTHWEST ELECTRIC, Walter T. Sigmont,~,~r., Secret~~/ice President EDMONDS CONSTRUCTION, INC. in Edmonds, President Page -3- ., ~. ~ r' STATE OF IDAHO COUNTY OF ADA ss. On this August 18, 1997; before me, Robert L. Aldridge, a Notary Public in and for said State, personally appeared Walter T. Sigmont, Jr. and Wirt Edmonds, known or identified to me to be the SecretaryNice President of Pacific Northwest Electric, Inc. and the President of Edmonds Construction, Inc., respectively, and to be the .persons whose names are attached to the foregoing instrument and acknowledged to me that said corporations executed the same. IN WITNESS WHEREOF, I have hereunto p year in this Certifjoi~' }r~~ove written. ~~~OTARy~%,~~ ~c ; ZG AUBL ~. T ••....••' •` CITY QF MERIDIAN official hand and seaiav and Notary Pu daho Residing at Meridian Commission expires 7-1-2000 D. Corrie, Mayor ```~~~~~~~+++++++,fq,,~~~'/ ~ `••• ~,~ OF ~ ~~ William G. Berg, Jr., City STATE OF IDAHO ) ss,. COUNTY OF ADA ) BEAL '~ ,~ On this August ~g't~ 1997, before me, a Notary Public in and for said State, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and .City Clerk of the City of Meridian, respectively, and to be the persons whose names are attached to the foregoing instrument and acknowledged to me that they executed the same for said City of Meridian. Page -4- t ~ L r _n r IN WITNESS WHEREOF, I have hereunto placed my official hand and seal the day and year in this Certificate first above written. n .•~ SCE ~• ~;•. >~, ~~TAR~~ N=: _ ~ ,, ~ w w A ~, ,~ r Public for I aho ing at ~~r-'p~~`a~ mission expires G~©x/49 Page -5-