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CON0001643 - 7/28/2003 - MOU Underwriters Laboratories UL Contract & Agreement upload form Agreement Contract Description* MOU Underwriters Laboratories UL As described at the top of the Contract/Agreement,including other party. Contract Amount (if applicable) City Staff Contact (Responsible) Staff Contact Phone# Staff Contact Title James Hodges 4234 Capital Projects Manager Contracting Agency\Party Contracting Agency Underwriters Contact Contact Phone Contact Email Laboratories Department* Dept.Admin Assistant Additional Contact Information Engineering Ronda Syverson 360-817-7256 Type of Contract* Project Number Interlocal Agreement(ILA) S-356 Media Type* Paper Electronic Both *IMPORTANT!-if related to another contract, provide that contract number here: Provide if its an amendment,addendum,exhibit,replacement,continuation,etc. ROW NW Lake Road&NW Leadbetter Avenue, SE 1st Street, Lake Pointe Additional Contract Information Key words,other agency-related,ordinance,amendment no.to original contract dated Start Date* Completion Date 7/28/2003 Expiration Date Renews Automatically Specific Date Upon Project Completion Other Renewal/Termination/Extensions Terms* (i.e.90 days written,until superseded,none specified) Disposition Authority#(DAN)* None Specified GS55-05A-06 Description of Records Retention Disposition Action Capital Assets(Real Property) 10 years ARCHIVAL Designation Archival-Appraisal Required Archival-Permanent Retention Essential Non-Essential Non-Archival OFM OPR Remarks Confidential Exempt Information Comments File Upload* (Limit 1 file) MOU Underwriters Laboratories and Camas.pdf 1.59MB MEMORANDUM OF UNDERSTANDING BETWEEN UNDERWRITERS LABORATORIES AND THE CITY OF CAMAS This agreement, made and entered into this 12' day of T , 2003 , between the City of Camas , hereinafter called the " City" and Underwriters Laboratories , Inc . , hereinafter called "UL . " RECITALS 1 . The City is in the process of designing , permitting, and acquiring Right of Way for the project known as NW Lake Road/ SE 15S Street Road Improvements from NW Leadbetter Avenue to SE 192nd Avenue . 2 . UL has frontage along said corridor . 3 . 1129 feet of UL frontage is outside of the project limits from Leadbetter east to Lake Pointe Subdivision. 4 . UL is responsible for one-half ( 1 /2) street improvements to NW Lake Road pursuant to the conditions set forth in the site plan approval for Phase II , dated October 14 , 1991 . 5 . City has pursued and secured outside funding for the design, Right of Way Acquisition and construction of said Lake Road Project that is dependent on a minimum financial participation by UL . 6 . The fature Leadbetter Road extension is shown on the City Comprehensive Plan . Both parties agree that a comprehensive approach to the future transportation needs of the community provides predictability for future development. T City and UL have identified a preferred horizontal alignment for the future Leadbetter Road extension as depicted in Exhibit "A" also know as Option C . 1 "Blue . " Leadbetter Road will be located within a 60 foot Right of Way . 8 . UL has completed a pedestrian trail along its Lake Road frontage . Memorandum of Understanding Page - 2 NOW, THEREFORE, it is mutually agreed between the parties hereto as follows : 1 . UL agrees to donate all Right of Way necessary along NW Lake Road to provide for the road improvement ( see Exhibit B ") both west and east of the intersection of its driveway . 2 . UL agrees to donate the required property, not greater than 3 . 1 acres , for the Strom treatment facility as shown in Exhibit "A" labeled Dedication Pond. 3 . UL agrees to donate the required Right of Way for the future Leadbetter extension shown in Exhibit "A" for areas 1 , 2 and 3 with a 60 foot right of way being required in areas 1 and 2 and a 30 foot right of way in area 3 . 4 . UL understands and waives its rights of just compensation under federal and state guidelines for property acquisition for any right of way donated for both Lake Road project and the Leadbetter Road right of way and agrees to complete a letter of donation (Exhibit "C") . 5 . UL agrees to contribute $207 , 000 . 00 in cash towards the Lake Road project. Payment to the City will be at closing of other transactions identified in this agreement but not later than December 1 , 2003 . 6 . City agrees to provide a separate bid schedule for frontage costs associated with the area outside of the Project limits , from station 121 +90 to station 133 + 19 (east of the UL driveway intersection) as shown on the project documents prepared by Hopper, Dennis and Jellison. 7 . The City agrees to purchase the property described in Exhibit "A" which is labeled "Purchase 6 . 1 acres . " The property shall be appraised using Federal Right of Way Rules . The purchase price for the property shall be the appraised value less the actual cost for frontage improvements as determined in accordance with paragraph 6 hereof. Both parties are aware of recent appraisals in the area that value similarly situated properties in the range of $90 , 000 . 00 to $ 135 , 000 . 00 per acre . The appraisal contemplated in this paragraph shall be completed not later L Memorandum of Understanding Page - 3 than September 1 , 2003 . 8 . The parties will have the NW Lake Road right of way , the Leadbetter Road right of way , the Dedication Pond site, the 6 . 1 acre parcel and the 2 . 8 acre remainder parcel surveyed. This survey shall occur not later than December 1 , 2003 . The cost of such survey shall be divided between the parties in accordance with Exhibit "D " of this agreement. 9 . The City agrees to purchase the remaining property east of the proposed Leadbetter Road right of way which was not acquired pursuant to paragraph 7 hereof (the property described in Exhibit "A" as ` 2 . 8 acres ' ) . The purchase price for this remaining property shall be the appraised value as determined in paragraph 7 hereof, and the purchase shall occur not later than one year following the date of execution of this Memorandum of Understanding . It is agreed that UL will donate fifty percent (50%) of the value of this remaining parcel to the City , with the City paying to UL in cash one half ( 1 /2) of the appraised value . 10 . The City agrees the donations of the Lake Road right of way , the Dedication Pond site , the cash contribution of $207 , 000 . 00 , and the deduction of frontage costs as provided for in paragraph 7 hereof will satisfy the requirement of a one-half ( 1 /2) street improvement along northwest Lake Road, which is set forth as a condition of approval for the Phase II site plan of UL approved by the City Council October 14 , 1991 . After completion of all transactions , contemplated by this Memorandum of Understanding , the City agrees that all requirements for Phases 1 , II, and III of the site plan approval dated October 14 , 1991 , have been satisfied, and no further contributions of land or money will be sought by the City for further development approved in the site plan approval of October 14 , 1991 . 11 . City agrees to provide for storm water detention and treatment for all NW Lake Road frontage , and the natural flows for the tributary basin. The conveyance system shall be designed and sized to provide for the undeveloped rate on all tributary lands . The storm line will be located in the donated Leadbetter Memorandum of Understanding Page - 4 alignment or upon City ownership to the south. UL shall be required to treat and detain their developed flows prior to discharge to the conveyance system . The City will be responsible for treatment of the future Leadbetter alignment at the time of construction. No storm water flows from outside UL ' s remaining property will be allowed to flow into this detention ponds located on the southwest portion of its retained property . 12 . City agrees that the donation of area 1 of future Leadbetter Road includes an existing roadway and UL shall have a Transportation Impact Fee credit of $ 102 , 000 . 00 which may be applied to future UL Impact Fees for the Transportation system. Areas 2 and 3 shown on Exhibit "A" shall be constructed with TIF funds and will not be the responsibility of UL with the exception of any impacts directly associated with the expansion of UL or from an identified second connection to the donated alignment. The City agrees to make connection to the existing UL access driveway with the construction of Leadbetter as shown in Exhibit "E" . UL will provide temporary construction easements as needed . 13 . City agrees to maintain the storm water treatment facility shown in Exhibit "A" Dedication Pond for the Lake Road project. 14 . City agrees to accept the pedestrian trail installation along UL frontage in lieu of sidewalk improvements . The design of the Lake Road project will incorporate the existing trail to the extent possible . 15 . The City agrees that it will take all necessary actions to make the alignment of Leadbetter Road as shown in Exhibit "A" a part of its Capital Facilities Plan and its Transportation/Arterial Plan. 16 . UL reserves the right to create additional berms and vegetation screens along the north edge of Leadbetter Road right of way depicted in the alignment design shown on Exhibit "A" which shall be consistent with LI/BP standards . 17 . The area of the City of Camas lying south of area 3 of the Leadbetter Road alignment shown in Exhibit "A" is denominated as " area E" in the Growth Memorandun of Understanding Page - 5 Management Act Review Process currently being conducted by the City of Camas . If a committee or task force is created to review the development of area E , the City will appoint at least one UL representative to said task force . 18 . UL and the City will work together to modify the NW Lake Road construction drawings based on anticipated Leadbetter Road requirements . The goal would be to complete these construction requirements while Lake Road is under construction during the Lake Road project. DATED this .134 day of JL— , 2003 . Attest : CITY F CAMA By : I lerk to the Council ean D ` sett, Mayor Approved as to form only : UNDERWRITERS LABORATORIES By : 6 . Roger D . Knipp , City Attorney Title : JF rti / t rf �iJ ` LIS 4f 5. 1� V3 j LZ ~ wV cx ~ cCW Q ar / �y tOy Q I J `e C5 j ! i li7 4f 61 All aI " i k � ' lie i ! J- WVAN Opp Al- M ;. � V) WW � _ ° � � _-1- LU0I fII zm U �- � � 1E � 4 A AI IZ a, .r d o ? s J D 4 IG S C � E U da�V-}9 �W0;�7V•f,ND717AW4!•.MJJa'. 76' tllAM3' .Ss' yk%i - FT" H '^ Yi'6:rt T' • 14 kill ( 133HS O d 0061 SlAiJa mva-vapdvq...,.aavav�vl 7l'Td zre `ca'risea laud P. 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EVERGREEN S SURVEYING INC . VANCOUVER , WA 98661 �OLPN O e ' January 31 , 2002 ZIx PAGE 3 OF 5 EXPIRES : JANUARY 10, 2002 DEDICATION : A tract of land lying in the Northeast quarter of Section 33 , Township 2 North, Range 3 East, of the Willamette Meridian in Clark County , Washington, more particularly described as follows : All of that parcel described by deed, recorded under Auditor ' s File No . 8906150166 records of Clark County , Washington, that lies Northeast of the line described below ; Beginning at a point 47 . 00 Southwest (when measured at right angles) of engineers station 106+46 . 13 as shown on City of Camas — NW Lake Road / SE 1st Street Right- of- Way plan, City Project No . S — 356 ; Thence Southeasterly to a point 47 . 00 feet Southwest (when measured at right angles) of engineers station 118+50 . 00 ; Thence Southwesterly to a point 52 . 00 feet Southwest (when measured at right angles) of engineers station 118 + 50 . 00 ; Thence Southeasterly to a point 52 . 00 feet Southwest (when measured at right angles) of engineers station 120+44 . 07 ; Thence Southeasterly to a point 67 . 00 feet Southwest (when measured at right angles) of engineers station 120+ 59 . 00 ; Thence Southwesterly to a point 67 . 00 feet Southwest (when measured at right angles) of engineers station 121 +22 . 94 ; Thence Northeasterly to a point 57 . 00 feet Southwest (when measured at right angles) of engineers station 121 +32 . 26 ; g IT , PAGE 4 OF 5 Thence Southeasterly to a point 57 . 00 feet Southwest (when measured at right angles) of engineers station 123 +50 . 00 ; Thence Northeasterly to a point 47 . 00 feet Southwest (when measured at right angles) of engineers station 123 +50 . 00 ; Thence Southeasterly to a point 49 . 24 feet Southwest (when measured at right angles) of engineers station 132+45 . 55 ; Thence Easterly to a point 30 . 02 feet Southwest (when measured at right angles) of engineers station 132+ 80 . 09 there ending said line . Contains 56 , 805 . 7 square feet, more or less . End of description. vo PAGE 5 OF 5 JOB NO: 00 -287 JANUARY 23, 2002 STA: 106 + 80 . 17 27 . 00 RT po px �o po co x �p o 0 �x 28 po x UNDERWRITERS LABORATORIES p TA: 106 + 46 . 13 47 . 00 RT C STA: 118 + 50 . 00 47 . 00 RT 110, F � STA: 118 + 50 . 00 O 52 . 00 RT qO STA: 120 + 44. 07 52 . 00 RT STA: 120 + 59 . 00 67 . 00 RT STA: 121 + 22a94 67 . 00 RT STA: 121 + 32 . 26 57 . 00 RT STA: 123 + 50 . 00 47 . 00 RT STA: 123 + 50 . 00 STA: 132 +45 . 55 Y 57 :00 RT 49 . 24 RT STA 132 + 80 . 09 30 . 02 RT U m C NTS 0 N I 0 0 U O General Project Development /% % ` s 1 ` Chapter 25 Right of Way Procedures ®P 3 pertinent details which would have been explained In addition to the mandates of L._ Jniform Act, there are in a face-to-face meeting with owner) , the document significant cost savings which can be realized through an of acquisition (deed, easement, or other document increased use of administrative and legal settlements. Cost required for signature) , property plat or sketch savings are in the areas of salaries , witness fees , travel, per showing take and effects on remainder, and a copy diem, court costs , etc . of an acquisition brochure. FHWA and WSDOT encourage local agencies to carefully b. Within about two weeks , make a follow-up phone call consider and maximize use of administrative settlements in (documented in file) . Answer questions or, if owner appropriate situations. requests it, make an appointment for personal contact. An administrative settlement or stipulated settlement is a C , Follow normal procedures for further negotiations. negotiated settlement of a right-of-way acquisition case in which the agency has administratively approved payment in .072 Acquisition of contaminated properties The agency excess of fair market value as shown on the agency ' s approved should take reasonable care to determine if properties determination of value. needed for aproject are contaminated. In the case where properties being acquired by the agency will become hart a. Any administrative settlement which exceeds the fair of a state highway the agency must involve WSDOT in the market value must be documented and thoroughly justified acquisition process as early as possible to insure that the in order to be eligible for federal aid funds . The rationale property will be in an acceptable condition for WSDOT to for the settlement shall be set forth in writing . The extent of accept the transfer of ownership . written explanation is a matter of judgment and should be consistent with the circumstances and the amount of money 25 .08 Donated Property involved. If the local agency has any doubt as to eligibility, Donations of right of way can be accepted only after the owner it should obtain prior approval from WSDOT through the has been notified of their rights to receive just compensation. A Region LA Coordinator. signed donation statement must be included in each parcel file b . The local agency shall document the following and make it (Appendix 25 . 148) Section 323 of 23 U.S . C. provides for using available for review by WSDOT if it is not already part of the value of donated lands as part of the match against an the agency ' s approved procedures : agency ' s contribution to the project. Certain conditions need be L Identify the responsible official who has the authority met. to approve administrative settlements, and / • The credit may only be applied to a federal aid project if Federal Financial assistance was not used in any form to 2• Describe the procedure for handling administrative acquire the land. Credit to the matching share may not settlements . exceed the matching share of costs for that project and c . The designated local agency representative may approve an excess costs may not be utilized on other projects . administrative settlement when it is determined that such • The donation must be related to the project requiring the action is in the public interest. In arriving at a determination donated land. to approve an administrative settlement, the designated official must give full consideration to all pertinent Donations of privately owned real estate made after information. The list below is a sample of items to be April 2, 1987 , and subsequent to NEPA clearance, are considered it should not be used as a template. The eligible for credit purposes. settlement justification must include the circumstances of ✓ • Donations of publicly owned real estate after June 8 , 1998 , each individual parcel that convince the agency that an are eligible for credit purposes . administrative settlement is in their and the publics best interest. For sample donation letters , see Appendix 25 . 148 . 1 . All availabI: appraisals, including the owner ' s, and the 25 .09 Administrative Settlements probabt :; range of testimony in a condemnation trial. The Uniform Act requires that "The head of a federal agency 2. AbKity of the agency to acquire the property . or shall make every reasonable effort to expeditiously acquire real possession, through the condemnation process to meet property by negotiation. " Negotiation implies an honest effort the construction schedule. Impact of construction by the acquiring agency to resolve differences with property delay pending acquisition. owners. Additionally, the legislative history of the Uniform Act 3 . The negotiator' s recorded information, including indicates that offers can be flexible, and there is no requirement parcel details and the owner' s rationale for increased that they reflect a "take it or leave it position. " Negotiations compensation. should recognize the inexact nature of the process by which just compensation is determined. Further, the law requires an 4. Recent court awards in cases involving similar attempt by agencies to expedite the acquisition of real property acquisition and appraisal problems . by agreements with owners and to avoid litigation and relieve congestion in the courts. 25-6 Local Agency Guidelines September 2002 Appendix 25. 148 Donation Statements (Sample) Proposed Donation Letter Date Subject: Project Title Parcel Number Sirs : (My/Our) donation of (parcel number or property description) to the (name of local agency) for highway/transportation purposes is made voluntary and with full knowledge of (my/our) entitlement to receive just compensation therefore. (UWe) hereby release the (name of local agency) from obtaining an appraisal of the acquired property . Sincerely, Local Agency Guidelines 2525 July 1999 x t r r E e General Project Development 02 Appendix 25. 148 Donation Statements (Sample` Proposed Donation Letters (Through Local Agency) Date Regional Administrator/ Chief Right-of--Way Agent Washington State Department of Transportation Transportation Building Olympia, WA 98504 Subject: (Project Title) (Federal Aid Number) Parcel Number Sirs : The attached instrument for donation of right-of-way to the agency is in compliance with the provisions of Sincerely, Concur and Approve Accept and Approval STATE OF WASHINGTON Title DEPARTMENT OF TRANSPORTATION (Local Agency) * (Typical language.) . . . City/County Commission Resolution No . 111 . . . .City/County Ordinance No . 111 . . . .City/County Conditional Use Permit No . 111 . . .. City/County Building Permit No. 111 . (For use when a local agency project is adjacent to WSDOT right-of-way and WSDOT does not have an active project at this location. ) 25 26 Local Agency Guidelines July 1999 ` ' EXHIBIT " D " UUCITY OF CAMAS MOU Survey cost allocation and responsibility 1 ) The City of Camas shall provide for the survey and legal description for the following : • NW Lake Road Right of Way described in Exhibit " B " Storm treatment facility labeled detention pond 3 : 1 ac . in Exhibit "A" 6 . 1 and 2 . 8 ac parcels shown in Exhibit "A" 2 ) UL shall provide for the survey and legal description for the Leadbetter extension shown as AREA 1 , 2 & 3 in Exhibit "A" . 3 ) The City of Camas shall be responsible for recording all documents listed above . G9 u m T- >- ` x w W � CIO � ! o 0 � z O � � 1g 6p' 1 0 s W 1 W � O �/ 1 60' RIGHT&& OF"WAY L ' 30, 30' 6' b' P.U.E P.U.E 5:1 MAX 2:1 MAX 'w 15:1 MAX 2% (TYP) 2:1 IAAX '� ' ENCH DRAIN TRENCH DRAT ASPHALTIC CONE. PAVEMENT — SIDEWALK CONC, CURB do GUTTER MP.) SIDEWALK AREA . 1 UL PROPERTY RELOCATED CHAIN r LINK FENCE Ba' RIGHT–OF–WAY �r4' HCH BERM r , 6 P.U.E 5:5 MAX 2: 1 MAX 5: 1 MAK 270 (lYP) al ��4 / ZNC6 ENCH DRAIN ASPHALTIC CONC. PAVEMENT SIBLWALK CURB & CUTTER (TYP-) AREA 2 SIDEWALK - SOU D FENCES ON OF NORTH TRY BERM & R OCAT UL PROPERTY RELOCATED CHAIN ) LINK FENCE 60' RIGHT�OF–WAY 1 4' HIGH BERM CL 3G' 3D 5 6' P.U.E :1 MAX x, 2: 1 MAX 15:1 MAX 29. (TYP) „ 1 < i ENCH GRAIN ASPHALTIC CONC. PAVEMENT SIDEWALK lro*wc, CURB k GUTTER (TYPJ , AREA 3 SIDEWALK - SOUTH SIDE BERM & RELOCATED FENCE ON NORTI-1 EXHIBIT E , PG . 2 1 . r --14 IF IF ?'I IF + +4 . . •� rrrr I IF �F +F IF 41 IF F F -C FIE An BIT R - - - r �. IF WR CITIES INSURANCE Fax 42527 ( x242 Dec Z� 2UU5 1U : 26 r . ui c �k � R WCIA. BULLETIN Weather Disasters - Damage Control Lately, "Mother Nature" has been creating astir with windstorms and heavy rains . The potential for weather-related disasters increases as we move into the winter months , In anticipation of these climate conditions we want to alert you to some damage control procedures : First PaM, Losses our own x er If you belong to the WCIA Property or Auto Physical Damage Programs and have questions regarding coverage process or procedures on property or auto physical damage losses, you can call Eric Larson, our Deputy Director for clarification. If you want to report a property or auto physical damage loss , call the WCIA Claims Department , Both are at WCIA office phone number (425 ) 277- 7237 . Third 'Party Loses Non- , tuber Losse - Liability) If you receive calls regarding sewer backups, flooding situations , or landslides, etc . due to the weather conditions , WCIA takes the position that these are an "act of nature", for which neither individual nor entity is responsible . You should respond in the following fashion: • The individual (public) must do whatever they feel is necessary in the way of cleanup and repairs in order to take care of their damage . If they feel the damages go beyond the "act of nature" status and were caused by a WCIA Member, they have the right to file a claim which will be investigated . WCIA MEMBERS can provide the individual with a Claim for Damages Form. This does not mean that the WCIA member is accepting responsibility or is liable for the damages . The Authority takes the position that a weather-related disaster of any severity is an "act of nature" and beyond the legal liability of any City or Member. If thcre is a death or if extensive darnage occurs, a follow up by the appropriate city department and contact with our adjusting service , Evergreen Adjustment (1 -800-9334235 ) is warranted, Though we may not be liable, it is best to gather all the information as it occurs in order to respond to possible future allegations of negligence . Promises or admissions of fault by city staff can be misunderstood or used against the member in future litigation . Internally , • A city-designated spokesperson should be assigned to address the media. The identity of this spokesperson should be made known to all city personnel and all media inquiries should be referred to the designated spokesperson . Counter personnel should be informed of the claims process in order to respond to walk-ins or phonQ Qal'O . • All department personnel should be made aware of what they need to do after hours based on City policies & procedures . Again, they should be made aware of Evergreen Adjustment Service and how to reach them.