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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