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Home My WebLink About4687 RESOLUTION NO. 4687 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT WITH THE CITY OF PACIFIC TO . DESIGN AND CONSTRUCT PROJECT NO. C507A/C507B, AUBURN / PACIFIC TRAIL WHEREAS, the Cities of Aubum and Pacific have previously entered into -an Interlocal Agreement for the design and construction of the Auburn / Pacfflc Trail; and WHEREAS, the City wishes to modify the agreement to identify and address the authority and responsibilities associated with any additional funding which may be required for the project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, NEREBY RESOLVES as follows Section 1. Purpose. -The Mayor and City Clerk of the City of Aubum are hereby authorized to execute an amendment to the interlocal agreement befinreen the Cities of Aubum and Pacific which shall be in substantial confor"mity wifh the amendment to the interlocal agreement, a copy of which is attached hereto, marked as, Exhibit "A° and incorporated herein by this reference. Resolution No. 4687 February 22, 2011 Page 1 Secfion 2. Implementation. The Mayor of the City of Aubum is hereby ' : authorized to implement such administrative procedures as may be necessary to carry out the directives of this resolution. _ Section 3. Effecfive Date. This Resolution shall take effect and be in - full force upon passage and signatures hereon. ~--P ~ Dated and Signed this ~ay of _ , 2011. F AUBURN P T = . LEWIS MAYOR- ATTEST: . Danielle E. Daskam, City Clerk ~ APPROVE AS TO FO M: D iel B. eid, ~ ity Attomey , Resolution No. •4687 February 22, 2011 Page 2 AMENDfUIENT #1 TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF PACIFIC RELATING TO PROJECT C507A/C5076, DESIGN AIVD CONSTRUCTION OF THE AUBURN / PACIFIC TRAIL THIS AMENDMENT is made and entered into by and between the CITY OF AUBURN, a municipal corporation of the State of Washington located and doing business at 25 West Main Street, Auburn, Washington 98001 ("Auburn"), and the CITY OF PACIFIC, a Washington municipal corporation, located and doing business at 100 - 3`d Avenue SE, Pacific, Washington 98047 ("Pacific"), as an Amendment to the Agreement between the parties executed on the g`n day of March, 2007. RECITALS WHEREAS, Auburn and Racific entered into an interlocal agreement to have Auburn assume lead agency responsibility for the design and construction of non-motorized facilities between the cities of Auburn and Pacific along the west side of C St SW in Aubum, starting at 15th St SW and ending at Ellingson Road SW, and along Skinner Road and Td Avenue SE to Pacific Park in Racific (the Project); and WHEREAS, Auburn used a portion of a$342,000 Federal Highway Administration Congestion Mitigation Air Quality ("CMAQ") grant for design and construction of the portion of the Project located in Auburn, and for design of the portion of ffie Project located in Pacific; and WHEREAS, the funds remaining for construction of the portion of the Project located in Pacific include the remaining portion of the $342,000 "CMAQ" grant and a$36,969 Federal Highway.Administration SurfaceTransportation Program Urban ("STP(U)") grant; and WHEREAS, Pacific agrees to provide funds as may be necessary for consfruction of the Project located in Pacific which exceed the "CMAQ" and "STP(U)" grants and the required matching funds; and WHEREAS, Auburn and Pacifc agreed to modify their Agreement, by amendment, to identify and address the authority and responsibilities associated with additional funding should additional funding be required. Amendment to lnterlocal Agreement - Cities of Pacific and Auburn Design and Construction of the Auburn / Pacific Trail Page: 1 of 3 NOW, THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Auburn shall continue to take lead agency responsibilities for the administration of the $342,000 "CMAQ" grant and the $36,969 "STP(U)" grant for the Project. 2. Aubum shall perform final`design of the portion of the Project located in Pacific and shalf work with Pacific, expeditiously and in good faith, to involve Pacific in the final design of the Project including design reviews, permitting activity and environmental sfudies. 3. Section 7 of the original Agreement is amended by adding the following: Auburn shall bill Pacific only for the actual cost associated with construction of the Project that exceeds the available grant funds and required local matching funds, not to exceed $40,000. Auburn shall provide Pacific with one invoice after the contractor's Final Pay Estimate has been approved. The invoice shall include documentation of grant reimbursements and shall include a copy of the Final Pay Estimate to the contractor. A properly documented invoice shall be paid by Pacific with'tn sixty (60) days of receipt by Pacific. Notice of any potential dispute regarding such payment request shall be made in writing within the same time period. 4. . Should additional funding be required, Auburn and Pacific shall modify the Agreement, by amendment, duly signed and authorized by each party. Any subsequent Amendment(s) to the Agreement shall identify and address the authority and responsibilities associated with additional funding. 5. Copies of this Amendment to the Agreement shall be filed with the King County Auditor's Office after execution, and shall be filed with the respective City Clerks of Auburn and Pacific. 6. All provisions of the original agreement remain in full force and effect. AMENDMENT TO AGREEMENT EXECUTION AGREED T6 ON THIS _ ~OTN DAY OF !'l.( a 2011. THE CITY OF PACIFIC: THE C UBU RI ARD HILDRETH, MAYOR PE ER B. LEWIS, MAYOR APPROVED BY PACIFIC CITY COUNCIL APPROVED BY AUBURN CITY COUNCIL FEB $2 2011 Amendment to Interlocal Agreement - Cities of Pacific and Aubum Design and Construction of the Auburn ! Pacific Trail Page: 2 of 3 . , . i I i ; i I ATTEST: ATTEST: ~ i (SEAL? "L~Ir-"4777~/(SEAL) JANE MONTGOM Y DA E DAS~ M + PACIFIC GITY CLERK AUBURN GTY CLERK ! (XPP OVED AS T OR ~ A P TO R: i ~ , /4A E T ABUAN D.ANIEL B. HEfD ; PACIFIC CIN ATTORNEY At1BURN ClTY ATTORNEY I. i f i ~ i i ~ i i i !i Amendmen; ta Inc=_rtocai Agreemen; - Caies o! ?acific and AuGurr Uesign anG Construtticn c! Ine Auourn /Pacific.Trail F'a9e: 3 of 3