CON0000293 - 5/17/1999 - Repayment for city underground transmission line ca
CONTRACTS & AGREEMENTS (RecordNoiceUseOn/y)
uras Required Information Date 5/10/2019
WASHINGTON Cover Sheet ® 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 Major 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
Steve Wall ext. 4212 Public Works Director
Contracting AgencylParty Contracting Agency Contact Contact Phone or Email
Clark Public Utilities Pro ram Manager 360.992.3340
City Department/Division Dept.Admin Assistant Additional Contact Information
Public Works Ronda S verson Ronda ext. 4256
Type of ❑Construction/Small Works Project No Additional Contract Information(key words, other agency-related,
Contract ordinance, amendment no.to original contract dated)
❑Consultant/Professional Services Repayment for underground transmission line which is
El Contract for Services routed through the City from Lady Island to the Utility's
El Grant Run an Substation
®Interlocal Agreement(ILA) Recording Number& If Council Approval Required(see limits above),provide date of
El Franchise Agreement Date Council approval: 5/17/1999 RES No.
❑Development Agreement Budget Funded Account#
❑Amend ment/Supplement to
OR
Contract No.
❑Other(explain) Other Funding Source:
Contract Start Date Expiration Date Contract/Project Terms of Renewal or Termination&Extensions
5/17/1999 upon final payment to Clark Public Completion Date (REQUIRED)Initial payment terms 3 years,
Utilities with the option to extend loan for an
additional years
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
Gfifie 84- 1.5 Contracts/Agreements sition Action6 years upon final payment to
Clark Public Utilities
Designation/Remarks Comments
® Essential ❑ Archival-Appraisal Req'd ❑ Archival-Permanent
® Non-Archival, Destroy After Retention Met ❑ Confidential
❑ Other
Routing Signatures/Initials: EXEMPT INFORMATION (statute and page Nos):
City Attorney Click or tap Here to enter
➢ City Administrator
➢ Department Manager/Director
➢ Finance Director
➢ City Engineer(s)
➢ Other
INTERLOCAL AGREEMENT
THIS AGREEMENT is for the funding and construction of an underground
transmission line located in Camas Washington by and between Clark Public Utilities
("Clark") and City of Camas("City") dated as of 1-7 day of 1999.
WITNESSETH
WHEREAS, Revised Code of Washington 39.34 entitled "Interlocal Cooperation
Act" permits local governmental units to make the most efficient use of their powers by
enabling them to cooperate with other localities on a basis of mutual advantage and
thereby to provide services and facilities in a manner that will accord best with the
geographic, economic, populace and other factors influencing the needs and development
of local communities; and,
WHEREAS, in order to meet the growing demand for electrical service in East
County, Clark is constructing an overhead 115 kilovolt transmission line("Line") which
is routed through the City of Camas as it travels from Lady Island to the Utility's Runyan
Substation; and
WHEREAS the City has passed an ordinance which establishes a preference for
the undergrounding of new transmission lines within City limits; and
WHEREAS, Clark has adopted a policy in which the cost of modifying new or
existing electrical facilities shall be borne by the parties requesting such facilities; and
WHEREAS, the City has requested and Clark has agreed to build a section of the
Line running adjacent to SR14 and within City boundaries, underground ("Project") as
opposed to overhead, and the City has agreed to pay the incremental difference between
overhead and underground construction; and
NOW THEREFORE, in consideration of the mutual covenants hereinafter
contained, the parties hereto covenant and agree as follows.
ARTICLE I
SCOPE OF AGREEMENT
Section 1.01 Compact
The City hereby agrees to reimburse Clark for any and all incremental costs associated
with constructing that portion of the Line located adjacent to SR 14 and within the Camas
City boundaries (Exhibit A), underground as opposed to overhead. Such incremental
costs are calculated based on the total incurred expenses associated with this Project
minus an estimate for constructing this section of the Line overhead.
S
Section 1.02 Governing Principals
Clark and the City are entering into this Agreement in order to establish the necessary
funding required to construct this portion of the Line underground. This Agreement and
the underground construction described herein is being undertaken for the convenience
and at the request of the City. Without the funding provided by this Agreement, Clark
would not be obligated or disposed to construct this section of the Line underground and
would follow its original plans for overhead construction. It is the intention of the parties
that Clark, by undertaking this action, shall be free from any and all additional costs
associated with underground construction.
ARTICLE II
COSTS
The incremental costs attributed to the Project are calculated by comparing the difference
in the actual underground construction costs with an estimate provided by Black&
Veatch for overhead construction. These costs include, but are not limited to, capital
expenditures, design, planning and construction. The total iperemental cost on this
Project, for which the City is responsible to Clark, is$585,52259.
The City will repay Clark the above amount over a three(3)year period. The City shall
have the option of extending this loan term for an additional two(2)years if written
notice is provided to Clark before the beginning of the third year of repayment.
Payments will be due within thirty days of invoice and made in equal annual installments.
The first installment will be due on May 1, 2000, with subsequent installments becoming
due on this date in the following years, until the balance is paid in full.
Compound interest shall accrue on any outstanding cost balance at a rate of 5.094%per
annum, starting April 18, 1999.
The City may prepay any amount on the outstanding balance of the loan without penalty.
ARTICLE III
DURATION
This Agreement shall remain in effect until the City has made final payment on any and
all incremental costs associated with this Project.
ARTICLE IV
OWNERSHIP
Nothing in this Agreement or payments made thereunder shall create a property interest
for the City in any section of the Line. Ownership of the Line, including the section
governed by this Agreement, will remain with Clark.
v `
ARTICLE V
MISCELLANEOUS
RESPONSIBILITIES
Clark shall be solely responsible for all aspects of the Line design and construction
including that portion covered by this Agreement. All design and construction activities
for the Project will be controlled exclusively by Clark. Except for the issuance of the
Conditional Use Permit for this Project,the City shall have no authority to alter or direct
any part of the design or construction process. In addition Clark shall have exclusive
responsibility for the operation and maintenance of the Line.
INDEMNIFICATION
Clark shall take all precautions necessary and shall be responsible for the safety of its
employees, agents, and subcontractors in the performance of the work hereunder. All
work shall be done at Clark's risk. Clark shall defend, save and hold harmless the City,
its officers, agents, employees and assigns from any claims, damages, losses, liability or
expenses (including attorney's fees)which arise from the negligent performance of work
provided under this Contract.
DISPUTES
The parties shall use their best efforts to reach a prompt and amicable resolution of any
dispute relating to this Agreement. To the extent the Parties are unable to resolve any
such issue, upon agreement of the Parties, mediation or other form of alternative dispute
resolution may be used to resolve any such issues. The Parties shall continue
performance of their duties under this Agreement, pending resolution.
HEADINGS
In the event of confusion or conflict between any heading and the text of this Agreement
the text shall govern interpretations.
OBLIGATIONS SEVERAL
The duties, obligations and liabilities of the Parties are intended to be several and not
joint or collective. Nothing in this Agreement shall be construed to create an association,
trust, partnership,joint venture, or impose liability thereof on either party.
GOVERNING LAW/VENUE
This Agreement shall be deemed to have been executed and delivered within the State of
Washington, and the rights and obligations of the parties hereunder shall be construed
and enforced in accordance with, and governed by, the laws of the State of Washington
without regard to the principles of conflict of laws. Any action or suit brought in
connection with this Agreement shall be filed in the Superior Court of Clark County,
Washington.
AMENDMENTS
This Agreement shall not be altered, changed, or amended except by an instrument in
writing executed by the parties hereto.
NOTICE
All notices which are given or required to be given pursuant to this Agreement shall be
hand delivered or mailed postage paid as follows:
City: Clark:
City Administrators Wayne Nelson
City of Camas Clark Public Utilities
P.O. Box 1055 PO Box 8900
Camas, WA 98607 Vancouver, WA 98668
DATED this I day of h Ccu) , 1999.9•
CITY OF C , am c' al corporation
BY:
Attested by City Clerk:
BY-
CLARK PUBLIC UTILITIES, a municipal corporation
BY:
Wayne Nejson, CEO/Ge eral Manager
Appr ved
City Atiro ey