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Home My WebLink AboutILA - Franklin County Public Utility District (PUD) - Oregon Avenue and Cedar Avenue ' - /// ��/ ,.:�:. � � ..... . G ,.�.�.�.�.�. I�I`��1� �� \ .� �....� FRANKLIN PUD P.O. Box 2407 1411 W. Clark St. Pasco, WA 99302-2407 TRANSMITTAL DATE: November 1 , 2004 TO: Rick Smith Cit of Pasco Community and Economic Develo ment FROM: Mark Hay Chief En ineer Franklin PUD Ric, Please find the enclosed copy of the executed agreement for the East Lewis Street Project. This is a signed copy for your files. If you have any additional questions, please let me know. Thank you, Mark ,<��Ltivtu NOV t� �� c�� CQMMUNITY DEVELOPMEN7 DEPT. '`� WHEN RECORDED RETURN TO: City of Pasco,Washington 525 North 3rd Pasco WA 99301 INTERLOCAL AGREEMENT Between CITY OF PASCO and FRANKLIN COUNTY PUBLIC UTILITY DISTRICT THIS AGREEMENT is made and entered into this �� day of ��:e- , 2004, by and between the City of Pasco, Washington, a Municipal Corporation, hereina$er referred to as "City"and the Franklin County Public Utility District, hereinafter referred to as "PUD." RECITALS WHEREAS, RCW 39.34 et seq. authorizes the City and PUD to enter into Interlocal Agreements for the purpose of providing municipal services; and WHEREAS, RCW 35.96.040 authorizes the City to contract with the PUD for the work necessary to convert overhead electrical facilities to underground electrical facilities; and WHEREAS, it is in the public interest that the City and PUD cooperate to provide for the installation of undergrounding electrical utilities in the area of East Lewis Street between Oregon Avenue and Cedar Avenue. NOW,THEREF4RE, the Parties agree as follows: 1. Res�onsibilities of PUD 1.1 The PUD will convert, at its initial expense, the existing overhead electrical facilities along East Lewis Street between Oregon Avenue and Cedar Avenue to underground in two phases, as follows: a. Phase I will involve installation of all underground vaults, conduit and other elements necessary to accommodate the future conversion to underground; Phase I shall be completed not later than April 1, 2005. Interlocal Agreement Between City and PUD- 1 b. Phase II shall involve placement of electrical lines in the underground conduit and removal of all associated above-ground poles and other facilities not essential far the underground conversion; Phase II shall be completed not later than April 1, 2006. 1.2 Where the City has an existing right-of-way in which to relocate the existing overhead facilities into underground facilities, the PUD will locate said underground facilities in the existing right-of-way. 1.3 PUD estimates the cost of Phase I at $331,000 and Phase II is estimated at $230,000. PUD shall use best efforts to complete each phase within the cost estimates. PUD shall be responsible for $100,000 of the cost of each phase of construction, as outlined above. 2. Citv's Resnonsibilities 2.1 City shall reimburse PUD 100% of the cost of each phase, less $100,000 for each phase. Total net cost to city is estimated at $361,000. 2.2 The City will pay its share of costs within 60 days after receiving an invoice for work completed by the PUD. 2.3 In the event that electrical facilities within the City's right-of-way along East Lewis Street between Oregon Avenue and Cedar Avenue within the City right-of- way are subject to future relocation such future relocation shall not be at the expense of the PUD. These facilities shall be relocated at the expense of the party requesting relocation. 3. Indemnification Washington State law shall govern the respective liability between the Parties to this Agreement for any loss due to property damage ar personal injury arising out of the activities conducted pursuant to this Contract. 4. Amendment This Agreement may only be amended by mutual, written agreement of the signatories to this Ag,reement. 5. Interlocal Cooperative Act Provision Each party shall be solely responsible for all costs, materials, supplies and services necessary for their performance under the terms of this Agreement. All property and materials secured by each party in the performance of this Agreement shall remain the sole property of that party. The PUD shall retain ownership of all electrical facilities and related equipment that is installed. All funding incident to the fulfillment of this Interlocal Agreement Between City and PUD-2 Interlocal Agreernent, shall be borne by each party necessary for the fulfillment of their responsibilities under the terms of this Agreement. No special budgets or funds are anticipated, nor shall be created incident to this Interlocal Cooperation Agreement. It is not the intention that a separate legal entity be established to conduct the caoperative undertakings, nor is the acquisition, holding, or disposing of any real or personal property anticipated under the terms of this Agreement. The City Manager of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Cooperative Agreement. 6. Entire A�reement The Parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are hereby expressly excluded. 7. Nonwaiver Waiver of any default or breach under this Agreement shall not be deezned to be a waiver of any other prior or subsequent default or breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written agreement of the Parties hereto. 8. Invalid Provisions If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected if such remainder would then continue to serve the purposes and objectives of the Parties. 9. Applicable Law This Agreement is governed, construed and enforced in accordance with the laws of the State of Washington. Should any dispute arise concerning the enforcement, breach, or interpretation of this Ageement, the venue shall be placed in Franklin County, Washington. The prevailing party shall be entitled to recover reasonable attorney fees in such proceedings, or any appeal thereof, to be set by the Court, in addition to costs and disbursements allowed by law. Interlocal Agreement Between City and PUD-3 IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized officers and/or agents on the day and year first written above. CITY OF PASCO,WASHINGTON FRANKLIN COUNTY PUBLIC � UTILITY DISTRTCT r Michael L. arrison J n Ryckman Mayor Manager STATE OF WASHINGTON ) : ss. County of Franklin ) On this day personally appeared before me MICHAEL L. Gt1RRISON, Mayor of the City of Pasco, Washington, to be lrnown to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under" y hand and official seal this � d day of , 2004. �� e�oTq {:''� vi� � Lc1liL ' ��' � ��- " NOTARY P in and for the Stat o as �ngton ; , ; � " ��-a`p G�LlC Residing at: �SC'�S �2 ��` �:�'��%.� o� �� My Commission Expires: O �_�:-�:.�T�`'.r�2� .-`�3,� `� t�"^'. .A , .�F','� STATE OF WASHINGTON ) : ss. County of Franklin ) On this day personally appeared before me JEAN RYCKMAN, Manager of the Franklin County Public Utility District, to be known to be the individual described in and who executed the within and foregoing instrument, and aclrnowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GNEN under my hand and official seal this ��- day of f�0�E�-($�.,2004. } � , �v��G�Nv�e�99 NOTARY BLIC in and for the State of Washington �� ypTA1t�, 9u,4 Residing at: �jL�C�Q (/r�c�({�(�Z'p►.7 �� * My Commission Expires: (nr I 101 �°UBL1C a � ;:�croeea � �°•�� .��.WASN��G Interlocal Agreement Between City and PUD-4