Loading...
HomeMy WebLinkAboutIL272 Interlocal Agreement INTERLOCAL AGREEMENT CITY OF ANACORTES -PORT OF ANACORTES WHEREAS, the City of Anacortes, hereinafter referred to as"City" recognizes a need to improve and upgrade that certain road known as Anacopper Mine Road between Oakes Avenue and the entrance to the Port of Anacortes Airport; and WHEREAS, the Port of Anacortes, hereinafter referred to as"Port", owns and operates an airport facility served by said Anacopper Mine Road: and owns certain properties adjacent to said Anacopper Mine Road collectively referred to as "Port's property" and WHEREAS, improvement of Anacopper Mine Road would benefit properties owned by the Port; and WHEREAS, Creekside Village Development Company (a Washington Corporation) hereinafter referred to as"Developer" is required to make certain improvements to Anacopper Mine Road to mitigate impacts of the Plat of Copper Pond, as approved by the Anacortes City Council; and WHEREAS,R.C.W. 39.34 permits governmental entities to enter into interlocal agreements, and good and valuable consideration exists therefore, NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The City shall develop appropriate design and bidding specifications to make the improvements to Anacopper Mine Road as set forth on the attached Exhibit A and henceforth called "The Project". These shall be reviewed and approved by the Port. 2. The City shall complete the bidding process for said improvements, shall select a contractor to make said improvements, and shall administer said contract until its completion. 3. The Port shall contribute to said project an amount not to exceed $250,000.00, based on estimated total project costs of$450,000.00. Should the actual cost of said project be less than said $450,000.00, the contribution from the Port shall be reduced by the amount of such difference. "Actual cost" shall not include the following: in house engineering, project management, permitting and contract administration done by the City. 4. Any transportation impact fees required to be paid under the applicable City of Anacortes ordinance after the effective date of this agreement by.either the Port of Anacortes or tenants oft eT�ort of Anacortes located either at the Port 31 Anacortes Airport site or the land the Port owns adjacent to Anacopper Min . against the $250,000.00 paid pursuant_to this agreement until all of the $250,000.00 is utilized as a credit. 5. Creekside Village Development Company shall contribute the sum of $100,000.00 to said project and seek no reduction in said amount even if the final costs of said project is less than $450,000.00. Included in the commitment from Creekside Village Development Company are the costs of the Hartford Avenue upgrade and the engineering for the Hartford/Oakes Avenue and Anacopper/Oakes Avenue intersections. Monies previously expended to directly facilitate these projects shall be included within the $100,000 figure. 6. The City has estimated its share of the proposed Anacopper Mine Road Improvement Project to be $100,000.00, plus engineering supervision of construction and other in house engineering costs not covered. Should the bids for the Project exceed the estimated $450,000.00 amount, the City reserves the right to reject said bids and not proceed with the Project. Any costs of the Project over$450,000.00 shall be paid by the City. 7. The City shall in the bid documents require the contractor to dispose of the acceptable waste material at no cost to the Port to a Port of Anacortes' designated site at the airport. Material shall be clean gravel or soil, free of asphalt or root debris. Port shall supply a site description for the disposal site to the City. 8. Should the bids for the improvement to Anacopper Mine Road not be accepted by the City, Creekside Village Development Company shall be required to proceed in a timely manner with a completion of previously agreed upon improvements to Anacopper Mine Road and other required improvements. 9. Said improvements at Oakes Avenue and Hartford Avenue and Oakes Avenue and Anacopper Mine Road shall be completed by Developer by the end of MD], 1996, and the balance of said project shall be finished as soon thereafter as reasonably possible. 10. In order to minimize the Developer's costs for said project, the City agrees to waive its normal fees for engineering supervision of construction and any in house engineering normally done by the City. 11. The City of Anacortes Public Works Director shall act as administrator of the Project and shall coordinate with the designated Port representative to establish and maintain a budget for the Project and to schedule disbursement of Port funds in an orderly and convenient manner. The Port shall promptly reimburse the City for the Port's pro rata share of payments required to be made during the progress of construction. ) 12. Each party to this agreement agrees to hold each other harmless from any and all claims for damages to persons or property arising out of acts or omissions of its officers, employees, or agents in the performance of its obligations under this agreement. 13. This agreement shall remain in effect until the completion of the Project or, if the City elects not to proceed with the Project or, if the City elects not to proceed with the Project under paragraph 6 above, until the Developer's completion of the alternative improvements required under paragraphs 7, 8 and 9 above. • Dated this 1..) day of April, 199 . PORT OF ANACOR rian Shortt, xecutive Director CITY OF ANACORTES: 4,_4_ 7/4„,6-(/ H. Dean Maxwell, Mayor The undersigned Creekside Village Development Company for and in consideration of benefits to property owned by said Creekside Development Company hereby agrees to he bound in all respects to this agreement and to fully and completely perform any obligations assigned to it as part of this agreement. CREEKSIDE VILLAGE DEVELOPMENT: Ron Woolworth, Company President Date this day of April, 1996. fl SCHEDULE "A" INTERLOCAL AGREEMENT 2,900 11. of improvements to widen and reconstruct Anacopper Mine Road from SR 20 (Oakes Avenue) to the Anacortes Airport entrance and to include left turn lane improvements to SR 20 (Oakes Avenue) at Anacopper Mine Road and at Hartford Avenue. Major items of work are to include clearing and grubbing, roadway excavation, excavation, embankment, storm drainage(primarily open ditch), asphalt concrete paving, pavement marking and striping, signing and other work.