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Home My WebLink AboutILA - Columbia Basin College - Argent Road Phase 1 (No. 12001 ILA)AFN # 1936020 AGREE 04/09/2021 10:04 AM 5 Page(s) $107.50 Matt Beaton, Auditor Franklin Co.. WA FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 31 Avenue Pasco, WA 99301 INTERLOCAL AGREEMENT WITH COLUMBIA BASIN COLLEGE FOR THE ARGENT ROAD PROJECT, PHASE 1, NO. 12001 THIS INTERLOCAL AGREEMENT is entered 1st day of April 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: L 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 1st day of April , 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 ILA — Columbia Basin College Argent Road — Phase 1. No. 12001 - 4 e By: Brian Dexter, I terim VP for Admin Services Attest: 4 Debra Barham, CMC City Clerk Approved err ergusonw, PLL 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 kp�2 ( L— , 2021. APRIL CULWELL NOTARY PUBLIC #208573 STATE OF WASHINGTON COMMISSION EXPIRES JULY 19, 2023 STATE OF WASHINGTON) ss County of Franklin -"4 ddrle� NOTARY PUBLI , in nd for the State of Washington Residing at:�t My Commission Expires: 2-0 On this day personally appeared before mekm* Dpk�'c Columbia Basin College, to be known to be the individual in and who executed the within and foregoing instrument, and acknowledged that he4slwe signed the same as hisAwfree and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official this 15r day ofQP_ A� , 2021. ERICKA GARCIA �9%`{"" '' Notary Public NOTARY PUBLIC in and for the State of Washington State of Washington Residing at: ICA Commission k 156220 pr6M Commission Expires: Pr j ®�O �(jZ6 My Comm. Expires Apr 6, 2025 �' Ii ILA – Columbia Basin College Argent Road – Phase 1. No. 12001 - 5