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Home My WebLink About5.868 Original Contract :5 <,>/_0.--.1 : '..0 c.v 0 ;'{,' INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND PUBLIC UTILITY DISTRICT #1 OF CLALLAM COUNTY FOR CONSTRUCTION OF DISTRIBUTION FACILITIES RELATED TO THE EL WHA RIVER RESTORATION PROJECT This Interlocal Agreement (Agreement) is entered into between the City of Port Angeles, a code city in the State of Washington, hereinafter referred to as "City," and Public Utility District No.1 of Clallam County, a Washington Public Utility District, hereinafter referred to as "District," both of which are sometimes collectively referred to as the "Parties." In mutual consideration of the promises contained herein, the Parties represent and agree as follows: 1. REPRESENTATIONS 1. Pursuant to the authority extended in Title 35A RCW, City owns and operates an electric distribution system. 2. Pursuant to the authority extended in Title 54 RCW, the District owns and operates an electric distribution system. 3. The Federal Government has implemented a plan to remove two (2) dams from the Elwha River. This project is commonly known as the Elwha Restoration Project. 4. Each Party owns and maintains electrical distribution facilities that will be impacted by the proposed Elwha Restoration Project. 5. As a result of the dam removal it will be necessary to replace those electric distribution facilities. 6. The City and the District recognize the benefit in working cooperatively in the design and construction of the distribution systems that will require replacement as a result of the Elwha Restoration Project. 7. This agreement is entered into pursuant to the Washington State Interlocal Cooperation Act, Chapter 39.34 RCW. Each party has the necessary authority to enter into this agreement. - 1 - II. AGREEMENTS 1. Intent and Pumose. The intent and purpose of this agreement is to set forth the responsibilities and relationship between the parties with the selection of a single agency to act on behalf of both in negotiating contracts and documents under a task agreement with the National Park Service for design and construction of electric distribution facilities impacted by the Elwha Restoration Project. 2. Lead Agency. The City shall be the lead agency to act on behalf of both the City and the District in negotiating contracts and documents under a Task Agreement to be administered and paid for by the National Park Service. 3. Separate Responsibilities. The District shall be responsible for costs in excess of the amounts paid by the National Park Service for work performed on its facilities. The City shall be responsible for costs in excess of amounts paid by the National Park Service for work performed on its facilities. 4. Cooperation. The District will work cooperatively with the City to negotiate a Task Agreement between the City and the National Park Service. 5. Duration. This agreement shall commence on the date of signature by both parties and continue until the work below is completed. III. CITY RESPONSIBILITIES 1. The City will contract for construction of all new distribution facilities to be constructed to replace facilities impacted by the Elwha Restoration Project. 2. The City will prepare the documents and issue contracts under a Task Agreement administered and paid for by the National Park Service. 3. City will be responsible for inspecting and accepting construction relating to City facilities. 4. Any additional City project costs due to post-bid City design changes will be borne by the City. IV. DISTRICT RESPONSIBILITIES 1. District will provide City with design of those facilities that are exclusively for District's use. The design shall be supplied in a timely fashion for inclusion in the construction contract documents. 2. District will be responsible for inspecting and accepting construction relating to its facilities. - 2 - 3. Any additional District project costs due to post-bid District design changes will be borne by the District. V. OWNERSHIP OF FACILITIES City: 1. City will own and maintain electrical facilities which are exclusively for its use. 2. City will continue to own and maintain electrical utility poles that are jointly used by both District and City. District: 1. District will own and maintain electrical facilities which are exclusively for its use. 2. District will own and maintain its pole attachments according to the existing joint use agreement between the City and District. VI. ASSIGNMENT This agreement cannot be assigned, transferred, or any portions subcontracted hereunder without the written agreement of both Parties. VII. DISPUTE RESOLUTION Both Parties agree that any dispute that arises out of the interpretation, performance, enforcement, or other aspects of this agreement, shall be resolved by submitting the same to binding arbitration which shall proceed according to the rules and regulations of the American Arbitration Association; provided, however that each Party shall select a nominating person within ten (10) days of notice of the dispute from either Party to the other. The District shall elect one nominating person and the City shall elect one nominating person. The two nominating persons shall then meet to promptly select the arbitrator from the Seattle office of the Judicial Arbitration and Mediation Service List. If the nominating persons do not select a person who agrees to serve as arbitrator within thirty (30) days of the first notice, the arbitrator shall be selected by a Superior Court Judge of Clallam County. - 3 - , VIII. NOTICES Any notices shall be effective personally served on the other Party or if mailed by registered or certified mail, return receipt requested, to the following addresses or such other addresses as a Party may designate in writing and shall be deemed given on the date of mailing: City of Port Angeles c/o Mark Madsen, City Manager P.O. Box 1150 321 E. 5th Street Port Angeles, W A 98362 Clallam County Public Utility District #1 c/o Doug Nass, General Manager P.O. Box 1090 2431 E. Highway 101 Port Angeles, W A 98362 IN WITNESS WHEREOF, the Parties have caused this agreement to be executed by the undersigned duly authorized officials: CITY OF PORT ANGELES Date: 2c rct3 ZL::t::::e ATTEST: APPROVED AS TO~_ A ~, t .. ~ William E. Bloor, City Attorney Doug N ass, General Manager Date: ~~ 3dM~ ~IJ~% ATTEST: "~ Carol Biss, Executive Assistant G:\Legal_B,,,~kup\AGREEr~ENTS&CONTRACTS\2007 Agrmts & Contracts\City-PUD Interlocal.Elwha Restoration 10-23-07.doc 2/15'1008 " - 4 - ~ ~~