HomeMy WebLinkAbout4735 RESOLUTION NO. 4735
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY GLERK TO NEGQTIATE AND EXECUTE.AN INTERLOCAL
AGREEMENI' WITH THE MUCKLESHOO`f INDIAN TRIBE TO
DESIGN AND CONSTRUCT IMPROVEMENTS TO THE AUBURN
WAY SOUTFi CORRIDOR, BETWEEN FIR STREET SE AND
HEMLOCK STREET SE
WHEREAS, both the City and the Muckleshoot Indian Tribe (MIT) share a
common community interest 'in providing new corridor improvements on Aubum
Way South between Fir Street SE and Hemlock Street SE; and
WHEREAS, the V1lashington State Transportation Improvement Board
(TIB) is interested in working with the communities of Aubum and the MIT to
help provide the corridor improvements; and
WHEREAS, the need for corridor improvements on Aubum Way South is
recognized in Aubum's adopted Transportation Improvement Program; and
WHEREAS, the M�T Fias requested that Aubum assume lead agency
responsibility for the design, property acquisition and construction of the
Project; and
WHEREAS, the Muckleshoot Indian Tribe, and the City of Aubum are
authorized to enter into this Agreement under the authority of their respective
enabling legislation and under the authority of Chapter 39.34 RCW, the
Interlocal Cooperation Act; and
Resolution No. 4735
July 25, 2011
Page 1 of 3
WHEREAS, should the Bureau of Indian Affairs make a determination
that TiUe 25, Section 81, of the U.S. Code, applies to this Agreement, MIT will
work with the Gity and the Bureau of Indian Affairs to obtain any necessary
approvals.
NOW; THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The City of Auburn will administer any funds that may be
awarded to the City for the purpose of the corridor improvement.
Section 2. The City of Aubum will be lead agency for the project.
Section 3. The Mayor is hereby authorized to negotiate and execute
an interlocal agreement witfi the Muckleshoot indian Tribe, in substantial
conformity with the agreement attached hereto, marked as Exhibit 1 and
incorporated herein by this reference, and to 'implement such other
administretive procedures as .may be necessary to carry out the directives of
this legislation.
Section 4. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
r
Dated and Signed this�day of�, 2011.
CI B �
�
=�
PETER'B. LEWIS, MAYOR
Resolution No.4735
July 25, 2011
Page 2 of 3
ATTEST:
C��
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
�
�Daniel B. Heid,
Ciry Attomey
Resolution No. 4735
July 25, 2011
Page 3 of 3
AGREEMENT BETWEEN THE MUCKLESHOOT 1NDIAN TRIBE AND Ti�
C1TY OF AUBURN FOR DESIGN AND CONSTRUCTION OF PROJECT
N0. CP1119,AUBURN WAY SOUTH CORRIDOR IlvIPROVEMENfS,
FIIt STREET SE TO HEMLOCK STREET SE
This Agreement is made and entered into in King County, Washington,between the City
of Aubum,a municipal corporation under the laws of the State of Washington,
hereinafter referred to as the"City",and the Muckleshoot Indian Tribe,a federally
recogiized Indian Tribe located on the Muckleshoot Indian Reservation,hereinafter
referred to as the"MIT'.
W1TrTESSETH:
VI�REAS;the need for corridor improvements on Aubum Way South is
recognized in the City's adopted Transportation Improvement Program; and,
WSEREAS, the Muckleshoot Tribe owns property located along Aubum Way
South;and,
WHEREAS, both the City and the MIT shaze a common community interest in
providing new corridor improvements oa Aubum Way South between Fir Street SE and
Hemlock Street SE;and,
WHEREAS, the Washington State Transportation Improvement Board (TIB) is
interested in working with the communities of Auburn and the MIT to help provide
corridorimprovements;and,
WHEREAS, on September 10,2010,the MIT approyed Resolution No. 10-233,
authorizing the M1T to sign a joint grant applicatioa witfi the Ciry and to agr�to
participate by providing 20 percent matching funds equal to Six Hundred and Six _
Thousand and Six Hundred Dollars($606,600); and,
�REAS, on August 31;2010,the City and the MIT submitted a joint grant
application to the TIB for the design and constivction of co;ridor improvemenu aloag
Aubucn Way South between Fir Sh�eet SE and Hemlock Street SE,including a 5ve lane
section of roadway with sidewalks,lighting,transit and storm improvements and a new
traffic sigial at Hemlock St SE;and,
�REAS,on November 19,2010,the City aas notified of award of a grant by
the Wasbington State Transportation Improvement Board(TIB)in the amount of Two
Million,Four Hundred and Twenty Six Thousand and Four Hundred Dollars
($2,426,400)for the TIB contribution to ffie Auburn Way South Corridor Improvements,
Fir Street SE to Hemlock Sh�eet SE Project;and,
Agreement
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Page 1 of I 1 �p p
�����9Fl�t�
WHEREAS,the MTf agr�d w contribute Six Hundred and Six Thousand Six
Hundred Dollars($606,600)towards the construction ofthe Project;and,
WHEREAS,the MIT agreed to provide at ao cost public transportation,public
utilities and private utilities easements(hereinafter referred to as easemeats) across MIT
owned properties as idenrified in Exhibit C;and,
WH�REAS,the M1T agreed to execute,at no cost,right-of-entry and
construction agreements from M1T owned properties as identified in Exhibit C;and,
WSEREAS,the City and the MIT are entering iato this Agreement, on a
government to govemment basis,with the intention of cooperatively.and equitably
designing and constructing the Project;and,
Vi�REAS,should the Bureau of Indian Affairs make a determination that 25 .
USC 81 applies to this Agreement,MIT will work with the City and the Bureau of Indian
Affairsto obtain any necessary approvals.
Vi�REAS,the City shall secure such additional fimds in excess of the TIB
' grant and M1T contnbution to essiue completion ofthe Project.
NOW'�'•RF.FORE in consideration oftheirmuhial covenants,conditions and
promises,THE PARTIES HERETO DO HEREBY AG12EE as follows:
1. SCOPE OF WORK
1.1. �roiect Title: Aubum Way South Corridor Improvements,Fir Street SE to
Hemlock Street SE
12.Descrinrion: The Project iacludes design and conshuction of corridor
improvements on Auburn Way South,between Fir Sueet SE and HemlockStreet
SE. The Project includes a five lane section of roadway with sidewalks,lighting,
tiansit and storm improvements and a new traffic signal at Hemlock Street SE.
The schematic five Iane madway cross section is illust;ated in Exhibit B. The
design and location of the sidewalk may vary from wbat is illususted in Exhibit
B,although the sidewalk width will remain a minimum of 10 feet wide.
Easements necess.ary for the pmject w be provided 6y the NIIT aze identified in
F.xhibit C. NIIT may propose alternative desi�s for sidewalks along its praperty
within the Project area and those altemative designs sliall be incorporated into
the Project unless they affect roadway or sidewalls width. Should
implemeatation of MIT's proposals add to the Project costs the NIIT shall cover
those additional costs.
13. Schedu e: The preliminary Project schedule has design work occuring in 2011
and 2D12,right of way and easement acquisition in 2012,advertisement in early
Agreement
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2013,with construction starting in the Spring of2013. Construction completion
is anricipated to be complete in the 4th Quarter of 2013.
2. TERMS AND CONDiTTONS
2.1.Lead Aeencv: The City shall be the lead agency and shall be responsible for
obtaining all necessary permiu and/or agreemenu and for accomplishing all
aspeots of ffie Scope of VJork set out in paragraph 1 above. The City shall be the
contracting agent responsible for managing contracts with design and
constructioa professionals.
2.2.Desisn: The City shall,remain responsible for the proper design ofthe Project.
NIIT shall have the opportnnity,but not the duty,to review contract plans and
special provisions prio;to the time that such documents are considered Saal by
the City and prior to t.�ie time that such documents are signed by the City. The
MIT shall provide its:comments,withia fifteen(15)calendar days of the date that
the documents are submitted for M1T review.
M1T shall convey the easements identified in Exlubit C and now owned by the
MIT to the City no later than the date of appmval of contract plans and special
provisions.
MTT shali execute rights-of-entry and construction agreements for properties
identified in Exlribit C and now owned by the MIT to the City prior to or at final
plan approval by the City.
The MIT agrees to meet with the Federal Aviation Adminiscrarion(FAA)as
required during design regazding the FAA dedicating right of way or easements
needed for the Project. �
23. Construction:The Ci.ty shall be responsible for the actual conshvction of the
Project,and assuring tbat conshvction of the Project is completed pursuant to t6e
coa�ract terms and consistent with the terms of this Agreement. The City may,
without MIT prior concurrence,approve construction contracts and changes
thereof.
3. COST REIIvIBURSEMENI'AND FUNDING
3.1.�roiect Costs and Resnonsibilides: The responsibility for paying all costs
associated with the Project shall be with the City,., The MTT agrees to contribute
Six Hundred and Six Thousand and Sac Hundred Dollazs($606,600)toward the
design,right-of-way and easement acquisition(exclud'mg MTT properties),and
construction of the Project
Agreement
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Page 3 of 11
For purposes of this Agreement,ffie MIT and City have agreed upon a plan for
the corridor improvements to Aubum Way South between Fir Street SE and
Hemlock Street SE,to meet the needs of both tlie City and M1T. Only costs
directly attributable to the Aubum Way South Co;ridor Improvements,Fir Strect
SE to Hemlock Strat SE Project shall be considered as Project Costs. Project
Costs include,but are not limited m,the followmg. desiga engineering,right-of-
way acquisition,easement acquisirion,construotion,permitting,inspection,
contract administration services,and other cost items agreed to by the parties.
Project Costs shall include costs incurred by the City prior to execution of this
Ageement,but after execution of the T'IB Fhel Tax Grant Distribution
Agreement.
The M1T shall not be liable for any Project Costs in excess of the agreed upon .
MTT contiibution of Six Hundred and Snc Thousand and Si�c H�mdred Dollars
($606,600).
32. Invoicins and F�r►d Dish�ibution: Upon notification by the City that the City has
committed fvnds to meet its payment obligations under this Agreement,the MTT
shall deposit its shane ofthe project costs($606,600)into a bank account that
Auburn can draw firom to pay for work related to the project. The parties agree
that costs incurred for the project will be paid proportionally liy MIT and City as
the costs are incurred, exccpt as otherwise set out in this Agreement Once funds
are deposited'mto this account they will be unavailable for M1T until project
completion or if the project is terminated early,upon termination. The accoimt
will earn iaterest for the MTT.
To the extent that the M1T has provided construction funds that remain
unexpended when the project is completed or upon termination if terminated
early with funds remaining in the MTf's account,those funds,with accrued
interest,shall be refunded to tlie NIIT. At the compleflon of the project or
termination of this Agreement the City will provide a final accounting of the
funds expended.
4. INDEMNIFICATION
The City shall indemnify and hold the M1T and its age�s, employees, and/or officers,
harmless from and shall process and defend at iu own expense any aad all claims,
deaiands, suits, at law or equity, actions, penatties, losses, damages, or costs, of
whatsoever kind or nature,broughf against the Mff arising out o�ia conneetion with,or
incident to the eaiecutian of this Agreemenr and/or the Gity's performance or failure to
perfaim any aspect of tivs Ageement or the construetion of the Project; provided,
however, that if such claims are caused by or result fiom the concurrent negligence of
the M1T, its agents, employees, and/or officers, this inclemnity provision shall be valid
and enforceable only to the extent of the negligence of the City; and provided fiuther,
that nothing herein shall require the City to hold harmless or defend the MIT, its agents,
employees and/or officers from any claims arising from the sole negligence of ihe MTT,
qqreement
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Page 4 of 11
its agents, emptoyees, and/or officers. No liabilityshall attach to the MIT by reason of
entering into this Agreement except as expressly provided herein.
5. COMPLIANCE WTTH REGULAITONS AND LAWS
The parties shall comply with all applicable rules and regulations pertaining to them in
connection with the matteis covered herein.
6. ASSIGNMENT
The parties shall not assign tlus Ageement or any interest,obligation or duty ffierein
without the express written consent fo the other party.
7. WAIVER OF SOVEREIGN IMMUNtTY
M1T agrees to a limited waiver of sovereign immunity.The waiver is limited: (1)to actions
bmught by �e Parties to this Ageement (City and MP1�; (2) far breach, termination,
enforcemart of conhact provisions, interpretation, validity thereo� including the
determination of the scope or applicability of this Agreemen� (3) to the e�ctent allowed by
law, for actual damages, that is, each Pazty waives the right to conseque�ial or punitive
damages; (4) to determine applicable laws; and, (5) to all actions necessary to enforce
judgments entered with respect to the enforcement of this .Ag�reement if not otherwise
prohibited by]aw.This limited waiver isayailable solely to claims by City and not by any
other entity, entities, or any individual or third parry, not a Party to this Ageement. The
Tnbe agrees not to invoke sovereign immunity as a defense up to the limits of the MITs
contributions under tivs Agreement
M1T conse�s to the jurisdiction of the Washingtom State Superior Court in the event that
either Pariy deems it necessary to iustitute legal action or proceedings to enforce any right ar
obligation under this Agreement; the Parties further agree that any such action or
proceedings shall be brought in the superior court situated in King County,Washington.
8. ATTORNEY'S FEES
If either party shall be required to bring any action to enforce any provision of this
Agreement,or shall be required to defend any action tiroug6t by the other party with
respect to this Agreement,and in ihe further event that one party shall substantially
prevail in such action,the tosing parry shall, in addirion to all other payments required
therein,pay ail of the prevailing p.arty's reasonable costs in connectioa with such acfion,
including such sums as the court or courts may adjudge reasonable as attomey's fees in
trial court and inappellate courts.
Agreement
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9. NOTICES
All notices and payments hereunder may be delivered or mailed.If mailed,they shall be sent
to the following respective addresses:
To the C1TY: City of Auburn
Public Works Director
25 West Main Street
Aubum,WA 98001
253-931-3010
To the M1T: Muckleshoot Indian Tribe
Assistant Tribal Operations Manager
Community Development
390151�2od Ave.S.E.
Aubutn,WA 98092
253-876-3104
or to such other respective addresses as either party herem may hereafter from time to time
desi�ate in writing.All notices,and payments mailed by regular post(including first class)
shall be deemed to have been given oa the second business day following the date of
mailing, if properly mailed and addressed. Notices and paymeats sent by cerafied or
registered mail sha11 be dcemed to have been given on the day next foIlowing the date of
mailing, if properly maileil and addressed.For all types of mail,the postmazk affixed by the
United States Postal Service shall be conclusivb evidence of tfie date of mailing.
10.NONDISCRIlv1II�IATlON
The City for itsel�its heirs,personal representatives,successors in interest, and assigns,
as part of the consideration hereo�does hereby covenant and agree that it will comply
with pertinent sta#ues,Executive Orders and such rulesas are promulgated to assure that
no person shall,on the grounds of race, creed,color,national origin,sexual orientation,
sex,age,or the presence of any sensory,mental or physical handicap be discriminated
against or receive discriminatory ueatment by reason thereof.
11.MLSCELLANEOUS
11.1.All of the covenants,condirions and agreements in this Agreement shall extend
to and bind the legal successors aad assigns of theparties hereto.
112.This Ageement shall be deemed to be made and construed in accordance with the
laws of the State of Washingfon Jwisdiction and venue for any action arising out
of this Agreement shall be in the county of Washington State in w6ich the property
or project is located,and if not site speci5c,then in King County,Washington.
Agreement
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113.The caprions in this Agreement are for convenience only and do not in any way
limit or amplify the provisions of this Agreement.
11.4. The duration of this Agreement shall be for the period of time it reasonably takes
for the performances by the parties as contemplated herein.
11.5.No separate legal entity is created hereby. The identity of the parties hereto is as
set forth hereinabove.
11.6. The performances of the dudes of the parties provided hereby shall be done in
accordance with standard operating procedures and customary practices of the
parties.
11.7.Unless a joint oversight and administrafion board is created as provided herein,the
oversight and adminislration of the Agreement.shall be by the respective named
representatives identified in Paragiaph 9 hereo�or their designees.
I 1.8.No provision of this Agreement shall relieve either party of its obligations and or
responsi6ilides imposed by law.
11.9.If any term or provision of this Agreement or the application thereof w any person
or circumstance shall, W suy e�eat, be held to be invalid or unenforceable by a
final decision of any court having jurisdiction on the matter,the remainder of this
Agreement or the application of such term or provision to persons or circumstances
other than those as to which it is held iavalid or unenforceable shall not be affected
ihereby and shall continue in full force and effect,unless such court detesmincs tbat
such invalidity or unenforceability materially iaterferes with or defeats the
purposes hereo$ at which time the City shall haVe the right to tecminate the
Agreement.
11.10. ThisAgreement cons[itirtes the entire agreement between the parties.There are
no terms, obligations, covenants or conditions other than those contained herein.
No modifications or amendments of tlus Ageement shall be valid or effective
unless evidenced by an agreement in writing signed by both parties.
11.11. Counterparts: This Agreemeat may be executed in mulriple counterparts, each
of which shall be one and the same Agreement and shall become effective when
one or more countecparts have been signe.d by each of the parties and delivered
to the other party.
I 1.12. Copies of this Agreement shall be filed with the King Counry Auditor's Office;
providui that as an aitecaative, the Agreement may be listed by subject on the
City's web site or other elechnnically retrievable public source.
Agreement
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IN WTINESS TO T!� TERMS OF THIS AGREEMENT, the parties hereto have
executed this Agreement:
MUCKLESHOOT INUTAN TItIBE CTTY OFAUBURN
� � �
_�
' p� Peter B.Lewis,Mayor
Muckleshoot Tribal Council
� Date:____���(�/6[ Date: OCT $ 0 20fl
�
APPROVED AS TO FORM: APPRO A O FORM:
M1T Attorney D 'el B.Heid, �ty Attorney
Date: D�=
ATTEST: ATTEST:
�...ti�t �
Danielle Daskam;City Clerk
Date: 6 ZO 2dsi
Agreement
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Page 8 of 11
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Agreement—Exhibit C
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