09-140.00 Yellowstone Pipe Line Company: 16th & Bettman Sanitary Sewer Reimbursement
REIMBURSEMENT AGREEMENT
16 rH Avenue and Bettman
This Agreement is entered into between YeUowstone Pipe Line Company, a Delaware
corporation authorized to do business in the state of Washingtvn, 600 N. Dauy Ashfard,
Houston, TX 77079 (hereinaftex "YELLOWSTONE"), and the city of Spokane Va11ey, a
municipal corporation of the state of Washington (hereina.fter "CITY").
WHEREAS, CITY plans to a11ow Spokane County to install sanitary sewer and
reconstruct the roadway, a portion of which will be located within the Bettman Road right-of-
way; and
WHEREAS, YELLOWSTONE owns an 8 inch products pipeline that is located witlun
property that is owned by the CI'.i'Y within the Bettman Road right-of :way; and
WHEREAS, during the construction of the sanitary sewer and reconstruction of the
roadway, it will be necessary to install infrastructure to protect the YELUWSTONE gas main
line (the "bridging infrastructure"); and
WHEREA.S, Spokane County has contracted with a sewer and road construction
contractor for the installation of the bridging infrastructure and for th.e reconstzuction of the
roadway in the area where the sanitary sewer is being installed on the CI1'Y owned property
within the Bettman Road right-of-way; and
WHEREAS, the entire length of the gas line to be bridgeci is anticipated to be 180 feet;
and
WHEREAS, the construction of the sanitary sewer and reconstruction of the roadway is
time sensitive and it would be more timely and efficient for a11 of the work to be completed at
one ti.me by one crew, instead of splitting the work between the parties, with Spokane County
paying for the cost of constructing the sanitary scwer and the reconstructYng the roadway and
YELLOWSTONE to pay for the additional cost of raising the existing elevation of the roadway
to an elevation that allows for the clearances above the gas line As required by YELLOWSTONE
and the cost of the constructing the bridging infrastructure. The bid cost to provide the bridging
and xaising of the roadway as set f.orth herein is $41,285.70; and
WHEREAS, YELLOWSTONE does not havc the physicai resources available to timely
perfoz•m the work using YELLOWSTONE employees.
NOW THEREFORE, it is agreed as follows:
1. The Recitals above are incorporated into the terms of this Agreement tie same as if
set forth herein. 2. The parties agree that the sewer and road construction contractor wili supply all of the
materials and labor to construct the entire bridging infrastructure to protect the
REIMBtJRSEMENT AGREEMENT (YELLOWSTONE PZPELINE) - 1
YELLOWSTONE gas main line that is located within the Bettman Road right-of-
way.
3. CITY will keep an itemized accounting of all costs paid for the constniction of the
bridging infrastructiue. Upon completion of the work, CITY will provide to
YELLOWSTONE an itemized cost statement reflecting all of the actual direct costs
paid for the construction of the bridging infrastructure.
4. YELLOWSTONE agrees, as its sole obligation and liability under this Agreement, to
reimburse CITY for the actual direct costs paid by the CITY for the construction of
the bridging infrastructure, including all necessary improvements to raise the road to
accommodate the bridging (except for any costs that were paid as overtime which
shall be strictly for the account of CIT'Y) within thirry (30) days of receipt of the
itemized cost statement.
5. Either party may texminate this Agreement with ten (10) working day's written notice
if the work has not commenced. Once the work has commenced, this Agreement may
only be terniinated for cause. Termination for cause sha11 require the party seeking to
terminate this Agreement to provide written notice of the facts relating to the problem
that is alleged to constitute cause, and provide the other party thirty (30) days' in
which to correct the problem, prior to ternaination. 6. Should eixher party require the services of legal coun,sel to enforce compliance with
the terms of this Agreement, the prevailing party sha11 be entitled to its reasonable
attomey's fees and related costs of enforcement.
7. This Agreement sha11 be construed under Washington law. Jurisdiction for any cause
of action relating to this Agreement shall be in Washi.ngton, with venue in Spokane
County.
8. lhe parties agree that this Agreement shall only be amended in writing and signed by
both parties.
IN WTTNESS WHEREOF, the parties have caused this Agreement to be executed by its
authorized .representative to be effective upon the execution of the agreement by both parties
hereto.
CITY OF Spokane Va11ey YELLOWSTONE PIPE L C MPANY
_ 7/20010f B ~
Y
VITS: ',Yyu.G~ &TA- ITS
BRIAN CALLOWAY
A - - ATTORNEY-IN-FACT
REIMBURSEMENT AGREFMENT (YELLOWSTONE PIPELINE) - 2
- Exhibit A .
. Vailey Viewr Sewer Project
Raising Bettman Road over Yellowstone Gas Pipeline
.,8.7°/. Total
Item Description Quantitx Units Unit Price Net Amount Tax
1 Bid Item 14 - R&R Cem. Conc. 230 LF $ 22.00 $ 5,060.00 $ 440.22 $ 5,500.22
Bid Item 200 - Common
2 Borrow Incl. haul & compact 163 CY $ 20.00 $ 3,260.00 $ 283.62 $ 3,543.62
4 Bid Item 23 - 2" ACP Misc. 10 SY $ 21.00 $ 210.00 $ 18.27 $ 228.27
5 Bid Item 10 - ACP Removal 10 SY $ 2.50 $ 25.00 $ 2.18 $ 27.18
6 Bid Item 15 - CSBC at driveway 1.11 CY $ 41.40 $ 45.95 $ 4.00 $ 49.95
7 Bid Item 8- Traffic Control 60 hours $ 42.00 $ 2,520.00 $ 219.24 $ 2,739.24
8 Keltie survey charges 1 LS $ 3,750.00 $ 3,750.00 $ 326.25 $ 4,076.25 _
9 Sub Markup 0.12 % $ 3,750.00 $ 450.00 $ 39.15 $ 489.15
10 Adjust Sewer Manhole A4 and 2 each $ 500.00 $ 1,000.00 $ 87.00 $ 1.087.00
11 R&R existing decroative rock 1 each $ 2,500.00 $ 2,500.00 $ 217.50 $ 2,717.50
Add native material behind 155
12 tf of Type A curb on east side 1 LS $ 1,500.00 $ 1,500.00 $ 130.50 $ 1,630.50
Additional required adjustment
13 to water valves, catch basins, 1 LS $ 750.00 $ 750.00 $ 65.25 $ 815.25
Additional Mobilization to cover
14 Bonds, Insurance, etc. on all 0.05 % $18,207.40 $ 910.37 $ 79.20 $ 989.57
15 Hydroseed fill slope 1 LS $ 400.00 $ 400.00 $ 34.80 $ 434.80
Subtotal $24,328.50
Concrete Bridge over Gas Line 1 LS $15,600.00 $ 15,600.00 $ 1,357.20 $16,957.20
Grand Total $ 41,285.T0