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CON0001644 - 7/15/2003 - Interlocal Agreement Vancouver Travel-lane Improvements Contract & Agreement upload form Agreement Contract Description* Interlocal Agreement Vancouver Travel-lane Improvements As described at the top of the Contract/Agreement,including other party. Contract Amount (if applicable) City Staff Contact (Responsible) Staff Contact Phone# Staff Contact Title James Hodges 4234 Capital Projects Manager Contracting Contracting Agency Agency\Party Contact Contact Phone Contact Email City of Vancouver 360-487-8600 Department* Dept.Admin Assistant Additional Contact Information Engineering Ronda Syverson 360-817-7256 Type of Contract* Project Number Interlocal Agreement(ILA) S-356 Media Type* Paper Electronic Both *IMPORTANT!-if related to another contract, provide that contract number here: Provide if its an amendment,addendum,exhibit,replacement,continuation,etc. SE 1st Additional Contract Information Key words,other agency-related,ordinance,amendment no.to original contract dated NW 192nd Avenue Leadbetter Road;this contract remains in effect unless terminated by either party for the life of asset ownership Start Date* Completion Date 7/15/2003 Expiration Date Renews Automatically Specific Date Upon Project Completion Other Renewal/Termination/Extensions Terms* (i.e.90 days written;until superseded;none specified) Renews automatically from year to year unless Disposition Authority#(DAN)* terminated by parties GS55-05A-06 Description of Records Retention Disposition Action Capital Assets(Real Property) 10 years ARCHIVAL Designation Archival-Appraisal Required Archival-Permanent Retention Essential Non-Essential Non-Archival OFM OPR Remarks Confidential Exempt Information Comments File Upload* (Limit 1 file) Interlocal Agreement Camas and Vancouver Lake Road SE First 502.71 KB Street Project.pdf 6-2M3 Interlocal Agreement Between CITY of CAMAS and CITY of VANCOUVER In accordance with the Interlocal Cooperation Act (RCW, Ch. 39 . 34), the City of Camas , a Washington municipal corporation and legal subdivision of the State of Washington (" Camas ") and the City of Vancouver, a Washington municipal corporation of the first class ("Vancouver") , in consideration of the payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties, do covenant and agree as follows : WHEREAS , CAMAS and VANCOUVER are partnering on the NW LAKE ROAD/SE FIRST STREET Project. (The "Project") The result of that Project is to improve the existing two 11 -foot travel lanes to a four through-lane facility with medians, left-turn lanes , sidewalks , curbs and gutters , bike lanes , traffic signals and drainage structures , from NW 192nd Avenue to Leadbetter Road; and WHEREAS , the Project will be constructed to meet the road standards of the City of Camas and City of Vancouver, or as modified by authorized modifications by each jurisdiction; and INTERLOCAL AGREEMENT- 1 K306030 "W: MW WHEREAS , a portion of the existing road and right-of-way is within the City of Vancouver limits ; and WHEREAS , CAMAS and VANCOUVER have agreed that CAMAS will take the responsibility for the survey, design, right-of-way acquisition and construction of the Project; and WHEREAS , CAMAS is willing to construct the improvements as described with the participation of VANCOUVER; and WHEREAS , CAMAS anticipates the project to begin construction in the summer of 2003 and be complete in 2004 ; NOW , THEREFORE the parties agree as follows : ARTICLE I PURPOSE OF AGREEMENT/AUTHORITY This is an Agreement between the City of Vancouver, Washington ("City") and Camas, Washington ("CAMAS") whereby CAMAS agrees to construct the Project as described. Following the opening of bids, CAMAS and VANCOUVER will agree on final construction details to ensure that the estimated construction costs are within available funding . VANCOUVER, in consideration of the work described above , agrees to contribute $ 100 , 000 to the design and or construction Project cost . Following agreement on final construction details, VANCOUVER will be financially responsible for additional funding necessary to construct changes from the agreed upon work if the changes are requested by VANCOUVER within its jurisdiction . During construction, should changed conditions or mutually agreed upon changes result in increased construction costs, CAMAS will seek the maximum funding from all the granting agencies except the Transportation Improvement Board. VANCOUVER will provide INTERLOCAL AGREEMENT- 2 K3060301BW: MW additional local match funding . The amount of additional funding will be negotiated by CAMAS and VANCOUVER. VANCOUVER agrees to make two payments of $ 50 , 000 each due June 30 , 2003 and June 30 , 2004 . VANCOUVER agrees to make any additional payments because of requested work or changed conditions as described in the previous paragraph within thirty (30) days after receipt of billing from CAMAS . ARTICLE H CAMAS and VANCOUVER will be responsible for maintaining the finished improvement within their respective jurisdictions . ARTICLE III PROPERTY All equipment, property, or improvements used to effectuate this Agreement shall become the sole property of the Parry who provided the equipment, property, or improvement. ARTICLE IV DURATION This Agreement shall go into effect upon execution by both parties , and shall automatically renew from year to year thereafter unless terminated pursuant to the terms and conditions of this Agreement, or amended by the parties . In any event, this Agreement shall terminate upon the completion of the Project. INTERLOCAL AGREEMENT- 3 K306030JBW : MW ARTICLE V ADMINISTRATION OF AGREEMENT No new or separate legal or administrative entity is created to administer the provisions of this Agreement. ARTICLE VI INTERPRETATION This Agreement has been and shall be construed as having been made and delivered in the State of Washington, and it is mutually agreed and understood by both parties that this Agreement shall be governed by the laws of the State of Washington. Venue shall be Clark County, Washington. ARTICLE VII AMENDMENTS No amendment or modification of this Agreement may be made unless such amendment or modification is written and executed by both parties . ARTICLE VIII TERMINATION Either Party may terminate this Agreement by giving thirty (30) days written notice to the other Party of its intent to terminate . Upon termination, any property in the possession of the other Party which was provided by CAMAS or VANCOUVER shall be returned to said Party. INTERLOCAL AGREEMENT- 4 K3060301BW : MW ARTICLE IX INDEMNIFICATION 1 . CAMAS shall indemnify and hold harmless VANCOUVER, its officers , agents , and employees, or any of them, from any and all claims, actions , suits , liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any action or omission of CAMAS , its officers , agents, and employees , or any of them, in performing its obligations under this Agreement to the extent caused by the negligent acts , errors or omissions of CAMAS . In the event that any suit based upon such a claim, action, loss, or damages is brought against VANCOUVER, CAMAS shall defend the same at its sole cost and expense ; provided, that VANCOUVER retains the right to participate in said suit if any principle of governmental or public law is involved; and a final judgment is rendered against VANCOUVER, and its officers, agents, and employees, or any of them, or jointly against VANCOVUER and CAMAS and their respective officers , agents, and employee, or any of them, CAMAS shall satisfy the same . 2 . VANCOUVER shall indemnify and hold harmless CAMAS , its officers, agents, and employees or any of them, from any and all claims, actions , suits, liability, loss, costs, expenses , and damages of any nature whatsoever, by reason of or arising out of any action or omission of VANCOUVER, its officers, agents , and employees, or any of them, in performing its obligations under this Agreement to the extent caused by the negligent acts , errors or omissions of VANCOUVER. In the event of any suit based upon such a claim, action, loss, or damage is brought against CAMAS , VANCOUVER shall defend the same at its sole cost and expense ; provided, that INTERLOCAL AGREEMENT- 5 K3060301BW: MW CAMAS retains the right to participate in said suit if any principle of governmental or public law is involved; and a final judgment be rendered against CAMAS , and its officers, agents , and employee, or any of them, or jointly against CAMAS and VANCOUVER and their respective officers, agents, and employees, or any of them, VANCOUVER shall satisfy the same . ARTICLE X DOCUMENT EXECUTION AND FILING CAMAS and VANCOUVER agree that there shall be duplicate originals of this Agreement distributed for signature by the necessary officials of CAMAS and VANCOUVER. Upon execution, the executed duplicate of this Agreement shall be returned to the Vancouver City Clerk which shall file copies of this Agreement with Clark County Auditor. Upon receipt by the Vancouver City Clerk of the duplicate originals, each such duplicate original shall constitute an agreement binding upon both CAMAS and VANCOUVER. DATED this irj day of Tyt,_y , 2003 . CITY OF VANCOUVER CITY OFzC S fat MCQ`o"nnell, City Manager Mayor Atte Attest : aul Lewis, Vancouver City Clerk C as bty Clerk Approved as to form : Approved as to form : Ted Gathe, City Attorney er Kn pp, City Attorney INTERLOCAL AGREEMENT- 6 K3060301BW :MW