CON0000242 - 2/23/2000 - Youth Athletic Facilties/HS Stadium Turf Grant• CONTRACTS & AGREEMENTS
Clerk
(RecordNoceUseOnly)
cia Required Information
Date 1/28/2019
WASHINGTON Cover Sheet
M NEW
❑ REPLACEMENT
The original paper copy of ALL Camas contracts/agreements/amendments are to be retained in the City's centralized filing system,
managed by the City Clerk's Office.
• RES No. 16-009, contract and agreement thresholds - authorizes Mayor/designee to enter into/execute the following contracts/
agreements without individual approval of each contract/agreement by City Council:
o Professional Service Contracts/Agreements - including, but not limited to contracts/agreements for architectural,
engineering, legal, and consulting services involving a cost or fee of less than $50,000.
o Maintenance/Service Contracts - for nonprofessional services involving a cost or fee of less than $50,000.
o Lease Agreements - for materials, supplies, and equipment where expenditures or fee do not exceed $50,000 per year.
o Public Works Projects - Small Works Roster Projects with a single trade involving expenditures of less than $100,000 and
Small Works Roster Projects with multiple trades involving expenditures of less than $150,000.
o Public Works Projects - Capital Maior Maintenance Projects in excess of limits set forth above will proceed to Council for
approval.
o Change Orders — Mayor/designee has the authority to execute Change Orders up to 10% of contract total, provided they are
within limits of original contract and consistent with scope and intent of authorized project.
*** FILL OUT ALL APPLICABLE FIELDS AND ENSURE REFERENCED EXHIBITS ARE ATTACHED ***
City Staff Contact (Responsible)
Staff Contact Phone #
Staff Contact Title
Jim Hodge
ext. 4234
Project Manager
Contracting Agency\Party
Contracting Agency Contact
Contact Phone or Email
Camas School District
Administration
360.335.3000
City Department/Division
Dept. Admin Assistant
Additional Contact Information
Public Works / Engineering
Ronda Syverson
Ronda ext. 4256
Type of
❑Construction/Small Works
Project No
Additional Contract Information (key words, other agency -related,
Contract
❑Consultant/Professional Services
WS -594
ordinance, amendment no. to original contract dated)
Development Agreement to construct water booster
❑Contract for Services
improvements to meet fire flow requirements
[]Grant
❑ Interlocal Agreement (ILA)
Recording Number &
If Council Approval Required (see limits above), provide date of
El Franchise Agreement
Date
Council approval: 8/28/2003 RES No.
® Development Agreement
Budget Funded Account #
❑Amendment/Supplement to
Contract No.
OR
❑Other (explain)
Other Funding Source:
Contract Start Date
Expiration Date
Contract/Project
Terms of Renewal or Termination & Extensions
8/28/2003
9/29/2003
Completion Date
(REQUIRED) Termination.
9/29/2003
Original or Copy
Media Type
Specific Location of Record
® Original ❑ Copy
® Paper ❑ Electronic ❑ CD -DVD
❑ Network Location
❑ Eng. Copy
❑ Video/Audio Tape ❑ Flash Drive
❑ Building Cabinet Number
If copy, where is original?
❑ Other
❑ Additional Copy Locations
FOR ADMINISTRATIVE ASSISTANT USE ONLY
Disposition Authority # (DAN) (REQUIRED)
Records Series Title
Retention/Dispo-
Event Cut-off & Date
GS55-05A-06 Rev. 1
2.1 acquisition/ownership
sition Action
10 years
After disposition of real
property
Designation/Remarks
Comments
J.L7 Essential Archival -Appraisal Req'd ❑ Archival -Permanent
Non -Archival, Destroy After Retention Met ❑ Confidential
❑ Other
Routing Signatures/Initials:
City Attorney
➢ City Administrator
Department Manager/Director
➢ Finance Director
➢ City Engineer(s)
➢ Other
EXEMPT INFORMATION (statute and page Nos):
( li::l, ur tap here to cntcr /cat.
HARD COPY FILE COLOR CODE — RED: Permanent YELLOW: Essential BLUE: Event -Raced GREEN: F,xniratinn nate
Return Address:
City of Camas
PO Box 1055
Camas WA 98607
AGREEMENT
AGREEMENT made this day by and between the CITY OF CAMAS, a municipal
corporation of the State of Washington, hereafter referred to as "City", and Camas School
District hereinafter referred to as "Developer".
RECITALS:
1. Developer is engaged in the process of developing certain real property into a high
school complex.
2. As part of said development, Developer is required to construct certain water booster
station improvements to meet fire flow requirements.
3. The City has Gregg Booster Station on the Capital Plan scheduled for construction in
2012.
4. The City has the site location and technical ability to properly maintain a booster station.
5. The combined station will provide required high school fire flow and provide for future
capacity for the Gregg system to meet the Capital Plan.
6. City and Developer have agreed that Developer will undertake water booster station
improvements as desired by City in exchange for City's payment to Developer of one
half of the costs of construction incurred as a result of such water booster station
improvements.
7. The Developer has a contractor on site for construction of High School. A change order
has been secured from the contractor for the pump station installation.
In consideration of the mutual covenants and conditions hereinafter set forth, the
parties agree as follows:
Section 1. WATER BOOSTER STATION IMPROVEMENTS
Developer agrees to install a booster station on all required appurtenances in
accordance with the plans and specifications approved by the Public Works Director
on City property located at the intersection of SE 262"d and SE 15'h.
Section 2. APPROVAL
Developer shall provide the City with the Change order documentation. The City
reserves the right to require revisions to meet City standards.
Section 3. INSTALLATION:
Developer's contractor shall be responsible for furnishing all materials, labor, and
equipment as may be necessary to install said water booster station improvements.
All work shall be accomplished in accordance with City's normal standards and
requirements, and shall be subject to periodic inspections and final approval by City.
Section 4. BOND:
Developer's contractor shall post a performance bond or bonds or such other financial
guarantee as may be satisfactory to City for the installation of said water booster
station improvement. Such bond or other financial guarantee shall be in such form
and amount as is customarily required by City for similar projects.
Section 5. LIENS
Developer covenants and agrees not to permit any laborer's, mechanic's, or
materialman's liens to be placed on the City's property as a result of the water booster
station improvements. Nothing in this agreement shall be deemed or considered in
any way as constituting the consent or request of the City, express or implied, by
inference or otherwise, to any contractor, subcontractor, laborer or materialman for
the performance of any labor or the furnishing of any materials for any specific
improvement, alteration, or repair of the premises or any part thereof. If any such
mechanic's lien or any materialman's lien shall at any time be filed against the City's
premises, the Developer shall cause the same to be discharged of record within 30
days after the date of its filing by recording a surety bond pursuant to the provisions
of RCW 60.04.161.
Section 6. LIABILITY AND INSURANCE
Developer's contractor shall provide insurance for the facility naming the City as
additionally insured. Confirmation of insurance required prior to notice to proceed.
Developer agrees to indemnify and hold harmless the City from any and all claims,
actions, and damages, including attorney's fees and costs, by or on behalf of any
person, firm, or corporation arising out of any work or thing whatsoever done by
Developer or its agents, contractors, servants, employees, licensees, or invitees in or
about the premises. Developer agrees to carry liability insurance in a minimum
amount of $1,000,000 protecting itself and the City from any claims of persons for
injuries to life, person or property by reason of anything done or permitted to be done
or suffered or omitted to be done by Developer, or its agents, servants, employees,
licensees, or invitees on or about the premises. In case any action or proceeding be
brought against City by reason of any such claim, the City may, at its option, require
that Developer resist or defend such action or proceeding at Developer's own cost and
expense, and by counsel reasonably satisfactory to City.
Section 7. INSURANCE
Developer's contractor shall provide insurance for the facility naming the City as
additionally insured. Confirmation of insurance required prior to notice to proceed.
Section 8. HAZARDOUS SUBSTANCES
8.1 Definition. As used herein, the term "hazardous substances" means any
hazardous or extremely hazardous waste, special waste, toxic substance, or
similar term, material or waste, which are or become regulated under any
federal, state or local law or regulation, presently in effect or promulgated in
the future, including, without limitation, petroleum products or its by-
products, asbestos, and polychlorinated biphenyls.
8.2 Storage and Use.
8.2.1 Developer shall not cause or permit any hazardous substances to be
generated, produced, brought upon, kept or used in or about the
property by Developer, its agents, employees, contractors or invitees
except, Developer may use on the premises the hazardous substances
needed to construct the water booster station improvement. Any
hazardous substances permitted on the premises, as provided herein,
and all containers therefore, shall be used, kept, stored and disposed of
in a manner that complies with all federal, state and local laws and
regulations applicable to such hazardous substance. Developer may
store such hazardous substances on the premises, but only in such
quantities necessary to satisfy Developer's reasonably anticipated
needs for such hazardous substances in connection with the
improvement to the premises.
8.2.2 Developer shall at all times exercise extreme care in connection with
the handling of hazardous substances on the premises and shall not
cause or permit hazardous substances to be spilled, leaked, disposed of
or otherwise released on the premises.
8.3 Environmental Compliance.
8.3.1 Developer shall, at its own expense, comply with any environmental
laws applicable to the premises or affecting Lessee's activities at the
premises. Developer shall make all submissions to, provide all
information to, and comply with all requirements of the appropriate
governmental authority under applicable environmental laws.
8.3.2 Prior to commencing the use, storage or other handling of hazardous
substances on the premises, Developer shall provide City with copies
of all necessary permits, authorizations, and notices required by any
environmental law with respect to such activities.
8.4 Notices. In addition to providing notices to appropriate agencies, Developer
shall also notify City of: (a) any leak, spill, release or disposal of hazardous
substances on, under or adjacent to the premises or a threat of or reasonable
suspicion of the same, or (b) any notice or communication from a
governmental agency or any other person directed to Developer or any other
personnel relating to: (i) hazardous substances on, under or adjacent to the
premises, or (ii) any violation of any environmental law with respect to the
premises or activities on the premises.
8.5 Spills and Releases.
8.5.1 In the event of a leak, spill or release of hazardous substances on the
premises or the threat of or reasonable suspicion of the same,
Developer shall immediately undertake all emergency responses and,
within a reasonable time, all investigatory, remedial and/or removal
action required by applicable environmental laws and regulations.
Within thirty (30) days following the completion of such action,
Developer shall provide City with a certification acceptable to City,
signed by an independent registered professional engineer, that all such
contamination has been eliminated.
8.5.2 In the event that City, in its sole judgement, determines that its
interests are being injured or threatened by a leak, spill, or release of
hazardous substances, or the threat thereof, and that Developer's
actions in response thereto are inadequate to protect City's interests,
City may take such steps as it deems necessary or desirable in
connection therewith without waiving any of its rights hereunder and
without being deemed to be in breach of any express or implied
covenant of quiet possession.
8.6 Investigations. City reserves the right to inspect the Developer's management
of hazardous substances on the premises at any time without notice to
Developer. If City, at any time during the term of this agreement, has reason
to believe that Developer is not complying with any of the requirements set
forth herein, City may require Developer to furnish to City, at Developer's
sole expense, an environmental audit or environmental assessment with
respect to the matters of concern to City. Such audit or assessment shall be
prepared by a qualified consultant acceptable to City.
8.7 Indemnification. Developer shall indemnify and hold City harmless from and
against any and all claims, damages, demands, losses, liens, liabilities,
penalties, fines, lawsuits and other proceedings, and costs and expenses
(including attorney fees and disbursements) which accrue to or are incurred by
Developer, arising directly or indirectly out of, or in any way connected with,
(a) any activities on the premises during the term of this agreement which
directly or indirectly result in the premises or other property becoming
contaminated with hazardous substances, or any personal injury (including
wrongful death) or (b) the transportation of hazardous substances from the
premises to other property. Developer's obligations and liabilities hereunder
shall be in addition to any other obligations and liabilities Developer may have
to City and shall survive termination of this agreement.
8.8 Condition Upon Termination. Upon the expiration or termination of this
agreement, Developer shall remove all hazardous substances and containers
from the premises and Developer shall certify in writing to City that no
hazardous substance has leaked, spilled, been released or disposed of on the
premises during the term of the agreement. Developer may provide such
certification subject to exceptions identified with specificity only if Developer
provides City with the certification of an independent registered professional
engineer that any and all contamination resulting from such exceptions has
been eliminated and furnishes evidence to City that all such contamination has
been cleaned up to the satisfaction of all environmental agencies having
jurisdiction over the occurrence.
8.9 City's Representations. City represents and warrants as follows:
A. City is unaware of any release of hazardous substances, as that term is
defined in all federal and state legislation and standards, on the demised
premises or the surrounding properties.
B. There are no civil or criminal proceedings that are pending or have been
investigated against City by any governmental agency or third party arising
out of an alleged violation of any environmental law at the premises.
Section 9. COST:
Developer shall pay all material, labor, equipment and other costs associated with the
installation of the water booster station improvement.
Section 10. REIMBURSEMENT BY CITY:
City agrees to reimburse Developer for water booster station improvements as
follows:
10.1 One half of the total cost project. Reimbursement is limited to the construction
bid amount including tax, authorized change orders, design engineering,
permit costs and associated charges that have mutual consent.
Section 11. PAYMENT BY CITY:
City shall pay the total reimbursement expense for the amount specified on 10.1 after
completion of the work and when the respective vouchers are submitted by Developer
and accepted by city staff, within thirty (30) days.
DATED this Ze r�day of August, 2003.
CITYOFrS
By:
T7 Mayor
Cas c istrict
Milt Dennision