HomeMy WebLinkAbout4046 Resolution - Argent interlocal Agreement - RevisedRESOLUTION NO. 4046
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE
INTERLOCAL AGREEMENT FOR THE PURPOSE OF FINANCIALLY
SUPPORTING AND CONVEYING RIGHT-OF-WAY FOR THE ARGENT
ROAD PROJECT NO. 12001 WITH COLUMBIA BASIN COLLEGE (CBC).
WHEREAS, the City of Pasco (City) together with The Port of Pasco (Port) and Columbia
Basin College (CBC), also known as stakeholders, have collaborated to undertake improvements
to Argent Road, from 20th Avenue up to and including the intersection at Road 36 ("the Project");
and
WHEREAS, the Port and CBC have previously committed to help fund the Project in
the amounts of $1,500,000 and $1,250,000 respectively; and
WHEREAS, CBC has agreed to dedicate a right-of-way to the Project for the benefit
of the College with a fair market value of $30,720.69 (0.403 Acres at $76,230/Acre), which
dedication is in addition to the committed funds of $1,250,000; and
WHEREAS, CBC has agreed to dedicate a permanent easement of 0.375 acres and a
temporary construction easement of 0.704 acres to construct the improvements, which
dedication is in addition to a dedicated right-of-way and the committed funds of $1,250,000;
and
WHEREAS, the City, as part of their agreed financial commitment associated with
this Project is responsible for the Design, Construction and Project Management of this
project; and
WHEREAS, the stakeholders agree that to complete Phase 1 the committed funds
from the Port and CBC would be utilized to fund this portion of the Project, with any
remainder of committed funds to be used for subsequent phases of the Project; and
WHEREAS, the Interlocal Cooperation Act, Chapter 39.34 RCW, authorizes
cooperative efforts between agencies in the providing of such services and financing
considerations; and
WHEREAS, the Parties, desire by this agreement, to jointly participate in the costs
associated with the Project that provides benefits to the stakeholders and the regional
transportation system.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO, WASHINGTON:
Resolution — Revised ILA
Columbia Basin College Argent Road - Phase 1, No. 12001 - 1
That the City Manager for the City of Pasco is authorized to execute the Interlocal
Agreement between the City of Pasco and Columbia Basin College, a copy of which is attached
hereto as Exhibit A; and to make minor substantive adjustments and to take all necessary steps
required to complete this agreement; and
Be It Further Resolved, that this Resolution shall be in full force and effect upon
adoption.
PASSED by the City Council of the City of Pasco, Washington this 15th day of March,
2021.
Saul Martinez
Mayor
ATTEST:
TO FORM:
,�"r 9'I'l
--�Z X/v 11, 0
4
Debra Barham, CMC KerrF son , PLLC
City Clerk City ey
Resolution — Revised ILA
Columbia Basin College Argent Road - Phase 1, No. 12001 - 2
EXHIBITA
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North Yd Avenue
Pasco, WA 99301
INTERLOCAL AGREEMENT WITH COLUMBIA BASIN COLLEGE FOR THE
ARGENT ROAD PROJECT, PHASE 1, NO. 12001
THIS INTERLOCAL AGREEMENT is entered day of 2021, by and
between Columbia Basin College, a Washington Educational Institution, (hereinafter referred to
as "CBC"), and the City of Pasco, Washington, a Washington Municipal Corporation (hereinafter
referred to as "City"), and are sometimes referred to collectively as the "Parties," for the purpose
of designing and constructing the Argent Road Project, No. 12001.
WHEREAS, the City of Pasco (City) together with The Port of Pasco (Port) and
Columbia Basin College (CBC), also known as stakeholders, have collaborated to undertake
improvements to Argent Road, from 20th Avenue up to and including the intersection at
Road 36 ("the Project"); and
WHEREAS, the Port and CBC have previously committed to help fund the Project
in the amounts of $1,500,000 and $1,250,000 respectively; and
WHEREAS, CBC will dedicate a right-of-way to the Project for the benefit of the
College with a fair market value of $30,720.69 (0.403 Acres at $76,230/Acre), which
dedication is in addition to the committed funds of $1,250,000; and
WHEREAS, CBC will dedicate a permanent easement of 0.375 acres and a temporary
construction easement of 0.704 acres to construct the improvements, which dedication is in
addition to a dedicated right-of-way and the committed funds of $1,250,000; and
WHEREAS, the City, as part of their agreed financial commitment associated with
this Project is responsible for the Design, Construction and Project Management of this
project; and
ILA — Columbia Basin College
Argent Road — Phase 1. No. 12001 - 1
WHEREAS, the stakeholders agree that to complete Phase 1, the committed funds
from the Port and CBC would be utilized to fund this portion of the Project, with any
remainder of committed funds to be used for subsequent phases of the Project; and
WHEREAS, the Interlocal Cooperation Act, Chapter 39.34 RCW, authorizes
cooperative efforts between agencies in the providing of such services and financing
considerations; and
WHEREAS, the Parties, desire by this agreement, to jointly participate in the costs
associated with the Project that provides benefits to the stakeholders and the regional transportation
system.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Parties agree as follows:
1. CBC OBLIGATIONS. CBC shall:
A. Contribute to the City a total of $1,250,000 for Project costs including
but not limited to the expenses relating to engineering, design, construction, administration,
management, legal, labor, permits, reviews, and/or approvals from all applicable
jurisdictions, and any other Project related costs. The lump sum amount of $1,250,000
shall be paid by CBC prior to the advertised bid date for the Argent Road Project and also
satisfies all of CBC's financial obligations associated with all phases of the Project,
including but not limited to Phases 1 and 2, unless otherwise mutually agreed by all
Parties to add additional funding in the future.
B. Make a lump sum payment of $1,250,000, listed in subsection A above,
prior to the advertised bid date for this Project.
C. Transfer ownership of all dedicated land from CBC in the form of a Right -
of -Way Dedication, Public Utility Easement and Temporary Construction Easement, prior
to the advertised bid date of the Argent Road Project in a manner that is consistent with the
policies of the City.
2. CITY OBLIGATIONS. City shall:
A. Be responsible for the design, Project management, administration, and
construction management of the Project, and for any and all future costs associated with
the project unless otherwise mutually agreed upon in writing signed by both parties.
B. Provide inspection services during the course of construction consistent
with the level of effort utilized on other capital and development Projects within the City,
or as may be required to ensure the required quality of the completed work.
ILA — Columbia Basin College
Argent Road — Phase 1. No. 12001 - 2
C. Provide CBC's construction representative with a copy of any and all
printed and electronic construction documents related to each phase of the Project and
invite said representative to all construction and pre -construction meetings. City will work
with CBC's construction representative to coordinate and plan Project activities which
directly impact CBC's campus operations, including campus access and service outages.
D. Upon satisfactory completion of each phase of the improvements described
above, work to provide CBC with a breakdown of all costs associated with the Project as
well as a complete set of physical and electronic as -built drawings at the conclusion of each
phase.
E. Pay for and complete all portions of the Project not covered by the
committed funds of the Port and CBC, unless it is mutually agreed by all Parties to add
additional funding in the future.
3. TERM. This Agreement shall be effective commencing on the
day of , 2021, and all improvements, conveyances and obligations of the
Parties for Phase 1 of the Project shall be complete on or before 18 months immediately
following the commencement date of this Agreement. The Agreement shall terminate no later
than two years following the commencement date of this Agreement, or with the completion of
the Project, whichever is sooner.
4. AUTHORITY TO APPROVE AGREEMENT. The Parties represent and
warrant that all steps necessary for the approval of this Agreement have been completed by:
A. Columbia Basin College: Resolution approved by CBC Board of
Trustees.
B. The City of Pasco: Resolution approved by the City of Pasco Council.
The officers signing below are authorized to do so and that the execution of this Interlocal
Agreement with CBC to execute payment for the Argent Road Project — Phase 1, No. 12001 is
valid and binding for all purposes.
5. DISPUTE RESOLUTION. In the event of a dispute between the Parties regarding
the interpretation, breach or enforcement of this Agreement, the Parties shall first meet in a good
faith effort to resolve the dispute by themselves or with the assistance of a mediator. The remaining
dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, the Mandatory Rules
of Arbitration (MAR), with all Parties waiving the right of a jury trial upon de novo review, with
the substantially prevailing Party being awarded its reasonable attorney fees and costs against the
other.
6. INDEPENDENT CAPACITY. The employees or agents of each party engaged
in the performance of this Agreement shall continue to be the employees or agents of that party
and shall not be considered for any purpose to be employees or agents of the other party. Each
ILA — Columbia Basin College
Argent Road — Phase 1. No. 12001 - 3
party to this agreement shall be responsible for its own acts or omissions and those of its officers,
employees and agents in the performance of this Agreement.
A. This Interlocal Agreement constitutes the entire agreement between the
Parties, and no prior oral or written agreement shall be valid, and any modifications of this
Agreement must be in writing signed by all Parties.
B. This Interlocal Agreement shall be binding on the Parties, and their heirs,
successors and assigns.
C. For the purpose of this Agreement, time is of the essence.
8. MUTUAL COOPERATION AND FURTHER AGREEMENTS. The Parties
agree to cooperate in good faith, with regard to each and every aspect required for the completion
of the construction of this Project which is the object of this Agreement, and the transfer of
property, and to further sign all documents, deeds and permits reasonably necessary to accomplish
the purposes of this Agreement.
9. INTERLOCAL COOPERATION ACT PROVISIONS. All vehicles,
equipment, inventory and any improvement thereon or fixtures purchased by the City, shall remain
the sole property of the City. All personnel utilized by the City in the fulfillment of this posted
Agreement shall be solely within the supervision, direction and control of the City and shall not
be construed as "loan servants" or employees of CBC. The City Manager of the City of Pasco,
Washington, shall be designated as the Administrator of this Interlocal Agreement.
No independent special budget or funds are anticipated other than those identified in this
Agreement, nor shall be created without the prior written agreement of the Parties. It is not intended
that a separate legal or administrative entity be established to conduct this cooperative undertaking,
nor is the acquiring, holding, or disposing of real or personal property other than as specifically
provided within the terms of this Agreement.
A copy of this Agreement shall be filed with the Franklin County Auditor's office or posted
on the City or CBC's website as required by RCW 39.34.040.
CITY OF PASCO, WASHINGTON COLUMBIA BASIN COLLEGE
LM
Dave Zabell, City Manager
ILA — Columbia Basin College
Argent Road — Phase 1. No. 12001 - 4
Attest:
Debra Barham, CMC
City Clerk
Approved as to Form:
Kerr Ferguson Law, PLLC
City Attorney
STATE OF WASHINGTON)
:ss
County of Franklin )
On this day personally appeared before me Dave Zabell, City Manager of the City of Pasco,
Washington, to be known to be the individual 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 this day of 52021.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
STATE OF WASHINGTON )
:ss
County of Franklin )
On this day personally appeared before me , of
Columbia Basin College, to be known to be the individual in and who executed the within and
foregoing instrument, and acknowledged that he/she signed the same as his/her free and voluntary
act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official this day of , 2021.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
ILA — Columbia Basin College
Argent Road — Phase 1. No. 12001 - 5
LEGEND
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