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Home My WebLink AboutILA - City of Pasco & Columbia Basin College (North 20th Ave Pedestrian Hybrid Beacon) MOAMEMORANDUM OF AGREEMENT BETWEEN COLUMBIA BASIN COLLEGE AND THE CITY OF PASCO THIS MEMORANDUM OF AGREEMENT (the "MOA") is entered into by and between Columbia Basin College, located at 2600 North 201h Avenue, Pasco, WA 99301, ("CBC"), and the City of Pasco, located at 525 North 3rd Avenue, Pasco, WA 99301 ("City"), separately, the "Party", or together, the "Parties". Both Parties acknowledge that they are required to comply with the laws applicable to their performance pursuant to this MOA. WHEREAS, CBC desires to improve pedestrian safety on and near its campus; and WHEREAS, the City maintains an interest in pedestrian safety; and WHEREAS, the Parties reached an earlier agreement in which the City would estimate the cost of a signalized crosswalk at a location determined by both the City and CBC; and WHEREAS, a cost estimate was prepared for the project with the total cost of $250,000, including all project costs: design, construction, project management and materials testing costs, etc.; and WHEREAS, the City has completed design and has advertised for bid the project. NOW, THEREFORE, the Parties agree as follows: L STATEMENT OF WORK The Parties shall endeavor to work together to complete the Project as set forth below. A. The City will fund 50% of the project cost for the construction of a signalized crosswalk near the CBC campus. The city's funding responsibility excludes the additive bid (Schedule B), which will be fully funded by CBC. Work associated with this project includes, but is not limited to: Provide all design and construction services, by contracting of a consultant and utilizing City staff. 2. Hold the bid opening and review bids and determine award. The City may award the additive bid, provided that CBC agrees with this decision. Construction is anticipated to occur by entering a contract with the lowest responsible, responsive bidder (contractor). MOA — CBC/City of Pasco - 1 Manage the construction of the improvements as included in the 20t' Avenue Pedestrian crossing project scope of work, base bid. The City may at its own discretion use any combination of consultant services or its own staff to perform oversight and maintain records for the project, which do not exceed the total estimated cost of the project of $250,000. 4. The City will have autonomy to negotiate change orders for the project as necessary to allow for expeditious delivery of the project. Change orders will be included in the total project costs. No change orders that affect the scope of the project will be approved without CBC written consent. The City will make its best effort to deliver this project as soon as practicable. 6. The City will invoice CBC on a quarterly basis for 50% of costs incurred, including City staff overhead rate. B. CSC commits to fund 50% of the project costs, including all tasks and services associated with the design, construction (Base Bid or Schedule A) and completion of project. CBC will be responsible for 100% of the Additive Bid (schedule B) costs, if awarded, and any associated change orders that arise exclusively from the work associated with the additive bid. CBC will pay reimbursement requests within 30 days of receipt. 2. CBC will apply for a "License Agreement" with City of Pasco for the use of the spare conduit to be installed within City Right -of -Way, as part of the Additive Bid (Schedule B) of the project. II. PERIOD OF PERFORMANCE This MOA shall remain in effect for two (2) years from the Effective Date, unless sooner terminated by either Party. This MOA may be extended upon the mutual written consent of the Parties. III. RECORDS MAINTENANCE Records related to this MOA may be subject to inspection, review or audit by personnel of both Parties, personnel duly authorized by either Party, the Office of the State Auditor, and federal officials authorized by law. All books, records, documents, and other material relevant to this MOA shall be retained for the requisite period under record retention schedules, and the Office of the State Auditor, federal auditors, and any persons duly authorized by the Parties shall have full access and the right to examine any of these materials during this period. MOA — CBC/City of Pasco - 2 Records and other documents, in any medium, furnished by one Party to this MOA to the other Party, will remain the property of the furnishing Party, unless otherwise agreed. The receiving Party will not disclose or make available this material to any third parties without first giving notice to the furnishing Party and giving it a reasonable opportunity to respond and shall comply with RCW 42.56. Each Party will utilize reasonable security procedures and protections as required by law to assure that records and documents provided by the other Party are not erroneously disclosed to third parties. IV. INDEPENDENT CAPACITY The employees or agents of each Party who are engaged in the performance of this MOA shall continue to be employees or agents of that Party and shall not be considered for any purpose to be employees or agents of the other Party. Each Party is responsible for the acts or omissions of its employees, officers, agents and assigns, and is responsible for ensuring that they fulfill their responsibilities under the MOA in compliance with the provisions of the law and regulations that govern their activities. V. MODIFICATION This MOA may be modified or amended by mutual written agreement of the Parties. VII. INDEMNIFICATION A. CBC shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of CBC in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. B. City shall defend, indemnify, and hold harmless CBC, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the City in performance of this Agreement, except for injuries and damages caused by the sole negligence of CBC. C. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of CBC, and the City, its officers, officials, employees, and volunteers, CBC's liability, including the duty and cost to defend, hereunder shall be only to the extent of the CBC's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes CBC's and the City's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver has been mutually negotiated by the MOA — CBC/City of Pasco - 3 parties. The provisions of this section shall survive the expiration or termination of this Agreement. D. No liability shall attach to the City and/or CSC by reason of entering into this Agreement except as expressly provided herein. VIII. INSURANCE CBC and its officers, employees, and agents, while acting in good faith within the scope of their official CBC duties, are covered by the State of Washington Self -Insurance Program and the Tort Claims Act (RCW 4.92.060 et seq.), and successful claims against CBC and its employees, officers, and agents in the performance of their official CBC duties in good faith under this Agreement will be paid from the tort claims liability account as provided in RCW 4.92.130. X. POINTS OF CONTACT The Point of Contact for CBC is: Name: Brian Dexter Title: AVP for Infrastructure Services Columbia Basin College 2600 N. 20a' Avenue Pasco, WA 99301 Tel.: 509-430-5673 Email: bdexter(27kolumbiabasin.edu XI. SIGNATURES COLUMBIA BASIN COLLEGE ("CBC") Approved by: By:_ e- ~^ --Name: Eduardo Rodriguez Title: VP for Admin. Services Date: 12/20/2021 MOA — CBC/City of Pasco - 4 The Point of Contact for Pasco is: Name: Maria Serra Title: CIP Manager City of Pasco P.O. Box 293 Pasco, WA 99301 Tel.: 509-545-3444 Email: serram &, asco-wa. ov CITY OF PASCO ("Pasco') Approved by: By:T� Name: t t Title: M.,,.,je,r Date: 1 J t oaa