HomeMy WebLinkAboutInterlocal Agreement Cable Bridge IlluminationINTERLOCAL COOPERATIVE AGREEMENT
FOR CABLE BRIDGE ILLUMINATION
BY THIS LOCAL COOPERATIVE AGREEMENT entered into this 4t, day of
nr; 1998, between the City of Pasco, Washington, a Washington Municipal
Corporation, hereinafter referred to as "Pasco', the City of Kennewick, Washington, a
Municipal Corporation, hereinafter referred to as "Kennewick ", Franklin County Public Utility
District No. 1, a Municipal Corporation, hereinafter referred to as "Franklin County PUD ",
Benton County Public Utility District No. 1, a Municipal Corporation, hereinafter referred to as
"Benton County PUD ", the Port of Pasco, a Municipal Corporation, hereinafter referred to as
"Part of Pasco", and Port of Kennewick, a Municipal Corporation, hereinafter referred to as
"Port of Kennewick" and collectively referred to as parties, do hereby enter into the following
Agreement.
WHEREAS, 1998 has been declared by the parties as the "Year of the River" and the
Pasco - Kennewick Intercity Cable Stay Bridge, due to its unique design has become a symbol for
this region, and;
WHEREAS, the illumination of the Pasco - Kennewick Intercity Cable Stay Bridge would
create a visual attraction enhancing the beauty of the river setting with the lighted features of the
bridge to create a striking image, further enhancing the symbolic role of the bridge for the Tri-
Cities region as well as for rivershore enhancement and;
WHEREAS, the cooperative efforts of the parties is necessary to implement this project
for the benefit of the Tri-Cities region, now, therefore, in consideration of the mutual benefits to
be achieved by the parties hereto, it is agreed as follows:
SECTION I
PURPOSE
The purpose of this project shall be the illumination of the Pasco - Kennewick Intercity
Cable Stay Bridge in accordance with the design and specifications therefore provided by
Armstrong Engineers, Inc., a copy of which shall be provided to the parties.
SECTION H
FUNDING
The cost of installation of the electrical and illumination devices provided for in the design
and specifications is in the estimated sum of $330,000, which shall be divided between the parties
as follows:
Pasco $70,000
Kennewick $70,000
Franklin County PUD $70,000
Ir
Benton County PUD $70,000
Port of Kennewick $25,000
Port of Pasco $25,000
The respective financial shares allocated hereinabove shall be the maximum amount
billable to Frank &n County PUD, Benton County PUD, Port of Pasco, and Port of Kennewick.
Any modification or change order requiring an increase in the cost of the project beyond
$330,000 shall be shared equally between Pasco and Kennewick. Any reduction in the total
project cost below $330,000 shall be pro -rated in the same manner as established above.
The interim financing of the project shall be born by the City of Pasco who shall, upon
substantial completion of the project, bill to each of the parties their respective share of the cost
of the project which shall be payable within 30 days of billing.
SECTION III
CONSTRUCTION OF IMPROVEMENTS
Pasco shall, for the purpose of RCW 39.34, be designated as the administrative agency
for the construction of this project and for obtaining any and all permits and certifications
required to complete the project. Pasco shall secure all services and materials necessary for the
performance of the project in accordance with the design and specifications identified in Section
I. The target date for completion of the work anticipated unto this Agreement shall be September
16, 1998, however, in no event shall the project be extended beyond December 31, 1998 without
the consent of the parties.
SECTION IV
TERM OF AGREEMENT
The period of performance of this Agreement shall begin on the date of the signature of
all parties. The termination date of this Agreement for the illumination installation shall be
December 31, 1998, or upon completion and acceptance of the work to be performed under the
terms of this contract, unless otherwise amended, terminated, or extended by mutual agreement
of the parties.
SECTION V
OWNERSHIP OF IMPROVEMENTS
All improvements incident of this project shall be permanent fixtures to the Pasco -
Kennewick Intercity Cable Stay Bridge, property of the State of Washington Department of
Transportation.
SECTION VI
MODIFICATIONS AND AMENDMENTS
This Agreement may be modified, changed or amended only by written agreement
executed by all the parties hereto.
SECTION VII
MAINTENANCE
After completion and acceptance of the project by the parties, the cost of continued
operation and maintenance shall be born first by eligible funding as may be available from the
State of Washington and any remainder shall be divided equally between Pasco and Kennewick.
SECTION VIII
INTERLOCAL COOPERATION ACT PROVISIONS
No special budget or funds are anticipated nor shall be required on continuing basis for
the construction, maintenance and operation of this project. It is not intended that a separate legal
entity be established to conduct the cooperative undertaking nor is requiring, holding, or
disposing, of real and personal property anticipated. Pasco Public Works Director shall be
designated as the Administrator of the project.
SECTION VIX
SEVERABILITY
In the event any term or condition of this Agreement or application thereof to any person
or circumstances is held invalid, such invalidity shall not effect any other terms, conditions or
application of this Agreement which can be given effect without the invalid term, condition or
application. To this end, the terms and Conditions of this Agreement are declared severable.
SECTION X
INDEMNIFICATION
Each party shall defend, indemnify and hold the others harmless from any claims,
damages, causes of action, or judgements arising from or as a direct result of the negligent or
intentional acts of its agents, employees, or officers.
SECTION XI
ENTIRE AGREEMENT
This Agreement contains all of the terms and conditions agreed upon by the parties.
All items incorporated by reference are attached as exhibits. No other understandings, verbal or
otherwise, in regards to the subject matter of this Agreement shall be deemed to exist or to bind
any of the parties.
This Agreement shall be construed and enforced in accordance with, and the validity and
performance thereof shall be governed by the laws of the State of Washington. Venue for any
suit between the parties arising out of this Agreement, shall be the Superior Court in the County
of Franklin, State of Washington.
In witness whereof, the parties have signed this Agreement on the date and year first
written above.
CITYDF PASCO:
D. Kilbury
Mayor
CITY OF ]KENNEWICK:
James Beaver
Mayor
BENTON COUNTY PUD NO. 1:
Jo Glin oldsbury'
President of Benton County PUD Commission
FRANKLIN COUNTY PUD NO. 1:
-A
Don Patton
President Board of Directors Franklin County PUD
PORT OF KENNEWICK:
-- —,'1
Paul L. Vick
President Port of Kennewick Commission
PORT OF PASCO:
William G. Clark
President Port of Pasco Commission
STATE OF WASHINGTON
County of �CC3..Y.Kk �r.
ss.
On this day personally appeared before me CHARLES D. KILBURY, Mayor of the City of Pasco, to
be known 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 and �Q
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STATE OF WASHINGTON )
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County of )
seal this G day of i I 1998.
NOTARY PUBLIC in and for the State of
Washington, residing at: i C
My Commission Expires:
On this day personally appeared before me JAMES BEAVER, Mayor of the City of Kennewick, to be
known to be the individual described in and who executed the within and foregoing instrument, and acknowledged
that he signed the sanQja&bjkjfree and voluntary act and deed for the uses and purposes therein mentioned.
P C:
o NOTARY vm
PusL IG
STATE OF WASHINGTON
ss.
County of )
seal this '—� day of 1998.
NOTARY PUBLIC in or the State of
Washington, residing at:
My Commission Expires: —O a
On this day personally appeared before me JOHN GOLDSBURY, President of Benton County PUD
Commission, to be known 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 my hand and official seal this Z�ZZ day of 1998.
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NOTARY P-UBLIU and for the State of
Washington, residing at:
P�JBL \G j
My Commission Expires:
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STATE OF WASHINGTON )
'�D ss.
County of ��K4 )
On this day personally appeared before me DON PATTON, President Board of Directors Franklin
County PUD, to be known 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 gme RGN han cial seal this �0 day of / ��1998.
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9p� gaR�L 24 �O~ N Y PUBLIC in and for the State of
OF WAS' Washington, residing at: PA3C.o
My Commission Expires: 4/-Zs--9?
STATE OF WASHINGTON )
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County of )
On this day personally appeared before me PAUL L. VICK, President Port of Kennewick Commission,
to be known 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.
/ GONN /E
d official seal this 0'_ ay of 1998.
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y9140 �B L I C M NOTARY PUBLIC foy the State of
SOP -1y23, 2�� ,�0` Washington, residing at:
WASHING My Commission Expires: Z3 00;t—
STATE OF WASHINGTON )
SS.
County of
On this day personally appeared before me WILLIAM G. CLARK, President Port of Pasco Commission,
to be known 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.
gM d and official seal this � day of 1998.
o
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\O o p NOTARY PUBLIC in an f r the State of
PUB ryo Washington, residing at:
�T UAK 0 \� My Commission Expires: 9 �DCYY
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