HomeMy WebLinkAboutILA - Columbia Basin College - Argent Road Widening Project Phase 3MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF PASCO
AND
COLUMBIA BASIN COLLEGE
THIS MEMORANDUM OF AGREEMENT (the "MOA") is entered into by and
between the City of Pasco, located at 525 North 3rd Avenue, Pasco, WA 99301 ("City"), and
Columbia Basin College, located at 2600 North 201" Avenue, Pasco, WA 99301 ("CBC"),
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, the City is currently designing improvements to the Argent Road Corridor,
under "Argent Road Widening Project Phase 3"; and
WHEREAS, CBC donated property along Argent Road to be public right-of-way for the
construction of these proposed roadway and pedestrian improvements; and
WHEREAS, the new CBC property line is located with a utility easement, within which a
fence cannot be constructed; and
WHEREAS, CBC wishes to retain ownership of the southerly half of the existing
easement; and
WHEREAS, CBC desires to maintain a fence along the roadway corridor to protect their
property; and
WHEREAS, the existing access road on CBC property will be impacted during
construction; and
WHEREAS, it is in the public's best interest that the City and CBC cooperate to
accomplish the goal of the project.
NOW, THEREFORE, the Parties agree as follows:
I. STATEMENT OF WORK.
The Parties shall endeavor to carry out the Agreement as set forth below:
A. The City will construct a new fence of similar height and materials five (5) feet
behind the CBC property line as part of the project to replace the existing fence.
The City will maintain the area of CBC property outside the fence line until the
fence is removed by CBC. The City will construct a new access road of similar
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width and materials consisting of at least 3 inches of rolled 1 inch minus crushed
rock within the new fence line as part of the project to replace the existing access
road which will be impacted by construction. A temporary construction easement
will be granted by CBC to the City to perform this work.
B. CBC will accept ownership of and responsibility for the constructed fence and
access road following acceptance of the project by the Pasco City Council.
II. TERM.
This Agreement shall begin on the execution date listed below, construed as the date last
signed by the Parties below, and shall continue until such time as it is terminated pursuant
to Section VI below.
III. CONSIDERATION.
The consideration for this Agreement shall be as described in I(A) and I(B) in terms of
service provided by City to install the new fence and access road and CBC's responsibility
to accept ownership of and responsibility for this infrastructure.
IV. INSURANCE.
The Parties enrollment in their respective risk insurance pools shall be considered sufficient
for potential loss associated with this Agreement.
V. TERMINATION.
A. Termination for Convenience. Either Party may terminate this Agreement for any
reason upon giving the other Party no less than ten (10) business days written notice
in advance of the effective date of such termination.
VI. GENERAL PROVISIONS.
A. For purposes of this Agreement, time is of the essence.
B. Notice. Notice provided for in this Agreement shall be sent by personal Service
upon the Project Administrators; or certified mail to the physical address of the
Parties; or by electronic transmission to the email addresses designated for the
Parties below.
C. The Project Administrator for the purpose of this Agreement shall be:
For the City: Steve Worley, Director
Public Works
City of Pasco
525 North 3rd Avenue
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Pasco, Washington 99301
E-mail: worleys@pasco-wa.gov
For CBC: Eduardo Rodriguez, Vice President
Administrative Services
Columbia Basin College
2600 North 20 Avenue
Pasco, Washington 99301
E-mail eodriguez@columbiabasin.edu
This Agreement has been and shall be construed as having been made and entered into and
delivered within the State of Washington and it is agreed by each Party hereto that this
Agreement shall be governed by the laws of the State of Washington.
In the event of a dispute regarding the enforcement, breach, default, or interpretation of
this Agreement, the Project Administrators, or their designees, shall first meet in a good
faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement
of the Parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as
amended, with both Parties waiving the right of a jury trial upon trial de novo, with venue
placed in Pasco, Franklin County, Washington. The substantially prevailing Party shall be
entitled to its reasonable attorney fees and costs as additional award and judgment against
the other.
VIII. INTEGRATION.
This Agreement between the Parties consists in its entirety of this document and any
exhibits, schedules or attachments. Any modification of this Agreement or change order
affecting this Agreement shall be in writing and signed by both Parties.
IX. AUTHORIZATION.
By signature below, each Party warrants that they are authorized and empowered to execute
this Agreement binding the City and CBC respectively.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date
first written above.
City of Pasco
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Columbia Basin College
rian Dexter, Asistant Vice President
Campus Operations
Date: ////& Z_
ATTEST:
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Debra Barham, CMC
City Clerk
Kerr Fer n aw, PLLC
City orney
MOA — City/PUD - 4