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HomeMy WebLinkAbout3902 RESOLUTION NO. 3902 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN (THE CITY) AND EVERGREEN TUCCI PARTNERS, LLC (ETP), FOR PROJECT MANAGEMENT AND REIMBURSEMENT RELATED TO UTILITY SERVICE AREA FEASIBILITY STUDIES WHEREAS, the CITY and the city of Bonney Lake reached a settlement agreement regarding the disposition and delineation of the common water service boundary line between the two water purveyors, and WHEREAS, ETP owner of land within the CITY but located within the water service boundary of the city of Bonney Lake desire the CITY to become the water purveyor for its existing and future development associated with the Lakeland Hills South Planned Unit Development (PUD), and WHEREAS, said settlement agreement outlines a process to transition the water service boundary from the city of Bonney Lake to the CITY, and WHEREAS, ETP desires the transition to occur in advance of the default provisions of said settlement agreement; and WHEREAS, both parties recognize a technical analysis of the water service systems is needed to determine the feasibility and viability of the potential service boundary adjustment, and WHEREAS, both parties agree that Roth Hill Engineering Partners, LCC, a Washington limited liability corporation, whose address is 2600 116th Avenue NE #100, Bellevue, WA 98004, herein referred to as "ROTH HILL" is qualified to complete the analysis required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor and City Clerk are hereby authorized to execute an Agreement between the City and Evergreen Tucci Partners, LLC, in substantial Resolution No. 3902 August 18, 2005 Page 1 conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. . ?I~ '---/1 Dated and Signed this c>< day of Ii. rr/ , 2005. CITY OF AUBURN ~-~C P~ER B. LEWIS MAYOR ATTEST: , '(2,(it'{'/Uu Da ielle E. Daskam, City Clerk ,"'----. APPRO,V~D A~O FORM: // /'" /'! . / / t::)' ,I I / ! J / /",/;/1 I' / "-.. /'i . ! I I / I \ ,/ l/ IF! } I ' Resolution No. 3902 August 18,2005 Page 2 AGREEMENT REGARDING THE REVIEW OF THE CITY OF AUBURN-CITY OF BONNEY LAKE WATER SERVICE AREAS ," t...J1iJel",bu'- This Agreement is entered into this ,;21.... day of S(Cp!(Cwl,(", 2005 by and between the CITY OF AUBURN, a municipal corporation organized under Title 35A, Optional Municipal Code, hereinafter referred to as "CITY," and EVERGREEN TUCCI PARTNERS, LLC, a Washington limited liability corporation whose address is 1302-B Puyallup Street, Sumner, Washington 98390, herein referred to as "ETP." RECITALS WHEREAS, the CITY and the City of Bonney Lake reached a settlement agreement regarding the disposition and delineation of the common water service boundary line between the two water purveyors; and WHEREAS, ETP, the owner of land within the CITY but located within the City of Bonney Lake water service area, desire the CITY to become the water purveyor for its existing and future development associated with the Lakeland Hills South Planned Unit Development (PUD); and WHEREAS, said settlement agreement outlines a process to transition the water service boundary from the City of Bonney Lake to the CITY; and WHEREAS, ETP desires the transition to occur in advance of the default provisions of said settlement agreement; and WHEREAS, both parties recognize a technical analysis of the water service systems is needed to determine the feasibility and viability of the potential service boundary adjustment; and WHEREAS, both parties agree that Roth Hill Engineerin~ Partners, LCC, a Washington limited liability corporation, whose address is 2600 II 6' Avenue NE #100, Bellevue, W A 98004, herein referred to as "ROTH HILL," is qualified to complete the analysis required, Now, therefore, in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: A. CITY role I. The CITY will assign a Project Manager (PM) to manage the analysis from definition of scope to acceptance ofthe final report. 2. The CITY will utilize its staff resources or professional services, as determined by the CITY to be appropriate to provided requested documentation by ROTH HILL, to review and contribute to the subject analyzes and to coordinate acceptance of the analyzes, as needed, by the CITY. B. ETP's role I. ETP shall assign a PM to coordinate review and comments and support either the CITY or ROTH HILL with tasks necessary to complete that portion of the studies associated with the Lakeland Hills South Planned Unit Development project area, including providing ROTH HILL with the documents and information specified in Phase 1 as being provided by ETP. 2. To support the CITY's financial management of the analyzes, ETP shall reimburse the CITY the total amount of all costs, absent City staff time, up to $42,000 for the completion of "Phase 1" as defined by Exhibit A "Scope of Services-Probable Opinion of Compensation, dated July 29, 2005," attached hereto and incorporated herein by reference ("Phase 1 "). Reimbursement shall be monthly, based on ETP's receipt of invoices and supporting documentation. C. Miscellaneous Provisions 1. Termination. This Agreement shall terminate; a. On the date the City accepts the final work product from ROTH HILL for Phase I, or b. Upon seven (7) days written notice by one party hereto to the other party of the second party's breach of any term of this Agreement, or at ETP's sole discretion to terminate said agreement, upon thirty (30) days written notice to the CITY. c. ETP shall provide compensation for all services rendered prior to termination, within thirty (30) days of final receipt. 2. Modification. No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless defined in writing and signed by a duly authorized representative of each party. 3. Severabilitv. If any portion of this Agreement is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portions of the Agreement. 4. Indemnification. The parties of this Agreement will defend, indemnifY and hold the other party; 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 work products anticipated by this Agreement, but only to the extent of the party's negligence or comparative fault. 5. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the parties under any provision of this Agreement, resolution of that dispute shall be available exclusively through the jurisdiction, venue and rules of the Pierce County Superior Court, Pierce County Washington. The substantially prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit, which shall be fixed by the judge hearing the case and such fee shall be included in the judgment. ::~~ Mayor ~ [----, .- :: TNERS, LLC Marti D Waiss, Managing Officer ATTEST: (\ (\, l A{ latJ)x(J~~ baklle E. Daskam, City Clerk