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HomeMy WebLinkAbout4821RESOLUTION NO. 4 8 2 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CiTY OF ALGONA TO DESIGN AND CONSTRUCT THE BOUNDARY BOULEVARD RESURFACING PROJECT WHEREAS, the Cities of Auburn and Algona share a common community interest in resurfacing Boundary Boulevard starting at the south Auburn City limits and ending O Street SE intersection; and WHEREAS, the City of Auburn has requested that Algona assume lead agency responsibility for the design and construction of the Project since the majority of the project is in Algona's jurisdiction; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The City of Auburn recognizes that, while a portion of the project site is located in the City of Auburn, the City of Algona will be lead agency for the project on the behalf of the City of Auburn. Section 2. The Mayor is hereby authorized to execute an interlocal agreement between the Cities of Auburn and Algona and to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 4821 May 17, 2012 Page 1 of 2 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. t Dated and Signed this ��� day of ATTEST: �i � ��,��� Danielle E. Daskam, City Clerk Resolution No. 4821 May 17, 2012 Page 2 of 2 � , 2012. � CI � � PE ER B. LEWIS MAYO R INTERLOCAL AGREEMENT FOR DESIGN AND CONSTRUCTION OF THE BOUNDARY BOULEVARD RESURFACING PROJECT THIS AGREEMENT is entered into pursuant to RCW 39.34, the Interiocal Cooperation Act, between the CITY OF ALGONA, a Washington municipal corporation, located and doing business at 402 Warde Street, Algona, Washington 98390 ("Algona"), and the CITY OF AUBURN, a Washington municipal corporation, located and doing business at 25 West Main Street, Auburn, Washington 98001 ("Auburn"), together referred to as the "Parties", for the purpose of resurfacing a portion of Boundary Boulevard. RECITALS WHEREAS, the Parties have agreed to resurFace Boundary Boulevard starting at the South Auburn City limits and ending at the O Street SE intersection. WHEREAS, the City of Algona is preparing to advertise a contract to chip seal its remaining portion of Boundary Boulevard within Algona and has offered to include this 1345 linear foot segment of the street in its scope of work at the contract bid price on a square yard basis, providing that the City of Auburn agrees to reimburse the actual cost for work performed on the portion of the street in Auburn. WHEREAS, the Project will be Iocated within the boundaries of Auburn and Algona and will serve both jurisdictions; and WHEREAS, Algona has requested that Auburn, consider adding this portion of the roadway to Algona's 2012 contract scope so that the motoring public can benefit from a complete project. NOW, THEREFORE THE PARTIES AGREE AS FOLLOWS: AGREEMENT A. ALGONA'S RESPONSIBILITIES: 1. Algona shall assign a Project Manager ("PM") to manage the Project through advertisement, award, and construction 2. Algona shall work with Auburn, expeditiously and in good faith, to develop administrative procedures necessary to achieve the smooth p�ogress of the Project. 3. Algona shall be responsible for the completion of all design and work for the Project including preparation of plans and specificatior Algona Standards for the project. 4. Algona shall determine and utilize its staff resources or professional necessary for implementation and completion of the Project. Interlocal Agreement — Cities of Algona and Auburn Boundary Boulevard Resurfacing construction is to City of services as Page 1 of 5 5. Upon completion of the project Algona shall provide the City with a copy of the contract showing the bid prices for chip seal work and a calculation of the amount that is due for reimbursement. B. AUBURN'S RESPONSIBILITIES: 1. Auburn shall assign a contact person to coordinate with Algona's PM during the life of the Project. 2. Auburn shall work with Algona, expeditiously and in good faith, to develop administrative procedures necessary to achieve the smooth progress of the Project. 3. Auburn hereby grants Algona and its agents the right to work in Auburn's right of way for all phases of work, including design, environmental or other approvals, and construction. Algona shall ensure that its contractors comply with the provisions of Chapter 12.66 of the Auburn City Code; provided, however, that no separate permit to work in the right of way shall be required. Algona shall provide Auburn at least 10 calendar days advanced notice before its contractors begin work or implement traffic control measures in Auburn's right of way. Algona shall ensure that its contractors do not implement traffic control measures in Auburn's right of way without a traffic control plan that has been approved by Auburn. 4. Auburn shall work expeditiously to remove any encroachments in the right of way within Auburn's jurisdiction such that the Project is not delayed. 5. Auburn shall notify Algona of any committed projects that may change the scope of the Project. Auburn shall keep Algona up to date with the status of such projects on a monthly basis. 6. Auburn's share of the project is estimated to be $18,495 based on an estimated price of $5.50/SQ. YD, and 3,363 Square Yards of pavement to be chip sealed. Auburn shall reimburse Algona the actual costs of that portion of work falling within Auburn's corporate City limits based upon Algona's actual contract bid price for 6,750 Sq Yd of pavement to be chip sealed. C. MISCELLANEOUS 1.Termination. Either party may terminate this Agreement, prior to Algona's award of a construction contract, upon thirty (30) days written notice to the other party. Termination after Algona's award of a construction contract shall only be granted if both parties agree to the termination and all costs incurred to terminate are born by the terminating party. For the purposes hereof, the "Termination Date" shall be the thirtieth (30th) day after receipt of the termination notice, provided that upon receipt of a termination notice, all work on this Agreement shall cease, except as agreed to by the parties. Under no circumstances will either party be reimbursed for services rendered after the Termination Date. 2. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party. Interlocal Agreement — Cities of Algona and Auburn Boundary Boulevard Resurfacing Page 2 of 5 3. Severabilitv. If any one or more of the sections, subsections, clauses or sentences of this Agreement is/are held to be unconstitutional or invalid, that unconstitutionality or invalidity shall not affect the validity of the remaining sections, subsections, clauses or sentences of this agreement, and the remainder shall remain in full force and effect. 4. Entire Agreement. This Agreement and any attached exhibits hereto contain the entire agreement between the parties. Should any language in any exhibit to this Agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. Written provisions and terms of this Agreement, together with any attached exhibits, supersede all prior verbal statements by any representative of either party, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. 5. lndemnification. Algona shall defend, indemnify and hold Auburn, its officers, employees, agents, and assigns harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising from or in connection with the design or construction of the Project, but only to the extent of Algona's negligence or comparative fault. Auburn shall defend, indemnify and hold Algona, its officers, employees, agents, and assigns harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising from or in connection with the design or construction of the Project, but only to the extent of Auburn's negligence or comparative fault. 6. Proiect Coordination, Dispute Resolution and Governinq Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If a dispute arises from or relates to this Agreement or the breach thereof, resolution of the dispute shall be as follows: (a) attempted through direct discussions as follows: (1) Auburn's designated contact person and Algona's designated Project Manager Shall make every effort to identify the problem(s) and resolve issues at their level to the satisfaction of both parties; (2) Should they fail to resolve the disputed issue, then the Algona Project Manager, in coordination with Auburn's designated contact person, shall attempt to narrow the issue in dispute for consideration by the Public Works Directors of Auburn and Algona. The Public Works Directors shall determine if the dispute can be resolved through negotiations. (3) If they are unable to resolve the dispute, then the Public Works Directors shall each select, in addition to Algona's PM and Auburn's contact person, one additional representative from among its employees who, together shall form a dispute resolution panel to resolve the dispute. (4) Should the dispute resolution panel be unable to settle any difference or claim arising from the parties' perFormance of this Agreement or the breach thereof through direct discussions, then the procedures as set forth in the ensuing paragraph (b) shall be employed as the means for resolving the dispute. (b) The parties agree to endeavor first to settle the dispute in an amicable manner by mediation administered by a mediator under JAMS Alternative Dispute Resolution service rules or policies. The mediator may be Interlocal Agreement — Cities of Algona and Auburn Boundary Boulevard Resurfacing Page 3 of 5 selected by agreement of the parties or through JAMS. All fees and expenses for mediation shall be borne by the parties equally. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. Following mediation, or upon written agreement of the parties to waive mediation, any unresolved controversy or claim arising from or relating to this Agreement or breach thereof shall be resolved by filing suit exclusively under the venue, rules and jurisdiction of the Pierce County Superior Court, Pierce County, Washington. In any claim or lawsuit for damages arising from the parties' perFormance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 7 of this Agreement. 8. Written Notice. Unless notified to the contrary, all communications regarding this Contract shall be sent to the parties as follows: NOTICES TO BE SENT TO: CITY OF ALGONA: Jimmy Griess City of Algona 402 Warde Street Algona, WA 98390 (253) 833-2897 (telephone) (253) 939-3366 (facsimile) NOTICES TO BE SENT TO: CITY OF AUBURN: Dennis Dowdy City of Auburn 25 West Main Street Auburn, WA 98001 (253)931-3023 (telephone) (253)931-3053 (facsimile) Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Contract or such other address as may be hereafter specified in writing. Interlocal Agreement — Cities of Algona and Auburn Boundary Boulevard Resurfacing Page 4 of 5 D. AGREEMENT EXECUTION AGREED TO ON THIS � ��' THE CITY OF ALGONA: DAVID. Hill, MAYOR DAY OF �(.�-f Z P� 201� � • �.: ,� . . . . �,�; - . � . APPROVED BY ALGONA CITY COUNCIL MOTION ON C�1 u�c.2_ 1�i ��� APPROVED BY AUBURN CITY COUNCIL MOTION ON ��-1 �-�, ,�-e% Z. ATT T: . , (SEAL) DI NA QUINN ALGONA CITY CLERK APPROVED AS TO FORM: � KARI SAND ALGONA CITY ATTORNEY A EST: �l� � (SEAL) DANIELLE DASKAM AUBURN CITY CLERK APPR ED O FORM: DANIEL B. AUBURN CITY ATTORNEY Interlocal Agreement — Cities of Algona and Auburn Boundary Boulevard Resurfacing Page 5 of 5