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HomeMy WebLinkAbout4812RESOLUTION NO. 4812 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 SUMNER TO DESIGN AND CONSTRUCT THE EAST VALLEY HIGHWAY RESURFACING PROJECT WHEREAS, the Cities of Auburn and Sumner share a common community interest in resurfacing East Valley Highway starting at Forest Canyon Road in Sumner and ending at the boundary line for King and Pierce County in Auburn (excluding the portion between East Valley Access Road and 60th Street SE); and WHEREAS, the Federal Highway Administration Surface Transportation Program ("STP") has provided a grant to both the Cities of Auburn and Sumner in the amount of $1,443,223 to improve these sections of East Valley Highway; and WHEREAS, the required local matching funds of 13.5% of the federal funds (or $194,836) are to be provided by both Cities; and WHEREAS, the City of Auburn has requested that Sumner assume lead agency responsibility for the design and construction of the Project since the majority of the project is in Sumner's jurisdiction; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 4812 April 25, 2012 Page 1 of 3 Section 1. The City of Sumner will utilize its federal and state certification acceptance (CA) authority to administer any funds that may be awarded to the City of Auburn and the City of Sumner for the purpose of the improvements to East Valley Highway in accordance with the interlocal agreement authorized by this Resolution. Section 2. The City of Auburn recognizes that, while a portion of the project site is located in the City of Auburn, the City of Sumner will be lead agency for the project on the behalf of the City of Auburn. Section 3. The Mayor is hereby authorized to execute an interlocal agreement befinreen the Cities of Auburn and Sumner and to implement such other administrative 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. Dated and Signed this � day of Resolution No. 4812 April 25, 2012 Page 2 of 3 PETER B. LEWIS MAYOR � ATTEST: �� A � a� / Danielle E. Daskam, City Clerk Resolution No. 4812 April 25, 2012 Page 3 of 3 INTERLOCAL AGREEMENT FOR DESIGN AND CONSTRUCTION OF THE EAST VALLEY HIGHWAY RESURFACING PROJECT THIS AGREEMENT is entered into pursuant to RCW 39.34, the Interlocal Cooperation Act, between the CITY OF SUMNER, a Washington municipal corporation, located and doing business at 1104 — Maple Street, Sumner, Washington 98390 ("Sumner"), 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 East Valley Highway. RECITALS WHEREAS, the Parties have agreed to resurface East Valley Highway starting at Forest Canyon Rd and ending at the boundary line far King and Pierce County excluding the newer portion between East Valley Access Road and 60t" Street SE (Project). WHEREAS, the Federal Highway Administration Surface Transportation Program ("STP") has provided a grant in the amount of $1,443,223 for the design and construction of the Project; and WHEREAS, STP requires the Parties to collectively provide local matching funds of 13.5% of the federal funds or $194,836; and WHEREAS, the Project will be located within the boundaries of Auburn and Sumner and will serve both jurisdictions; and WHEREAS, Auburn has requested that Sumner, as a state CA (Certified Acceptance) qualified agency, assume lead agency responsibility for the design and construction of the Project and Sumner is willing to assume lead agency responsibility for the design and construction of the Project. NOW, THEREFORE THE PARTIES AGREE AS FOLLOWS: AGREEMENT A. SUMNER'S ROLE IN THE COMPLETION OF THE DESIGN AND CONSTRUCTION FOR THE EAST VALLEY HIGHWAY RESURFACING PROJECT 1. Sumner shall assign a Project Manager ("PM") to manage the Project through design and construction. Sumner shall keep Auburn advised of the Project status by providing Auburn with quarterly updates during the design phase and monthly updates during construction phase, summarizing project progress. 2. Sumner shall work with Auburn, expeditiously and in good faith, to develop administrative procedures necessary to achieve the smooth progress of the Project. Interlocal Agreement — Cities of Sumner and Auburn East Valley Highway Resurfacing Page: Page 1 of 6 3. Sumner shall accept lead agency responsibilities for receipt and administration of the $1,443,223 STP grant for the Project. 4. Sumner shall be responsible for the completion of all design and construction work for the Project including preparation of plans and specifications to City of Sumner Standards within Sumner jurisdiction and City of Auburn Standards within Auburn jurisdiction. 5. Sumner shall be responsible for all Project coordination, including grant compliance and the coordination necessary with all affected agencies, as required. 6. Sumner shall determine and utilize its staff resources or professional services as necessary for implementation and completion of the Project. 7. Sumner's share of the $194,836 matching funds is $151,972, and Sumner shall provide any additional funds necessary to complete that portion of work falling within Sumner's corporate City limits in accordance with Section C(1) below. B. AUBURN'S ROLE IN THE COMPLETION OF THE DESIGN AND CONSTRUCTION FOR THE EAST VALLEY HIGHWAY RESURFACING PROJECT 1. Auburn shall assign a contact person to coordinate with Sumner's PM during the life of the Project. 2. Auburn shall work with Sumner, expeditiously and in good faith, to develop administrative procedures necessary to achieve the smooth progress of the Project. 3. Auburn authorizes Sumner to be the lead agency for receipt and administration of the federal $1,443,223 STP grant for the Project. 4. Auburn hereby grants Sumner 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. Sumner shall ensure that its contractars 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. Sumner 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. Sumner 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. Interlocal Agreement — Cities of Sumner and Auburn East Valley Highway Resurfacing Page: Page 2 of 6 5. Auburn shall work expeditiously to remove any encroachments in the right of way within Auburn's jurisdiction such that the Project is not delayed. 6. Auburn shall notify Sumner of any committed projects that may change the scope of the Project. Auburn shall keep Sumner up to date with the status of such projects on a monthly basis. 7. Auburn's share of the $194,836 matching funds is $42,864, and Auburn shall provide any additional funds necessary to complete that portion of work falling within Auburn's corporate City limits in accordance with Section C(1) below. 8. To support Sumner's financial management of the Project, Auburn, in its effort to meet Project obligations herein, shall not request reimbursement from Project funds for Auburn's costs in support of the Project without prior written consent from Sumner. C. MISCELLANEOUS 1. Fundin . (a) Additional Fundin�. Should additional funding be required, the Parties agree that each party is responsible for the additional funds required to perform the work falling within its corparate city limits; unless, however, it is work necessary for the Project as a whole, then the costs for such work will be apportioned at a rate of 78% for the City of Sumner and 22% for the City of Auburn. Furthermore, Sumner shall not allow its contractors to perform any work that will obligate Auburn to pay more than $60,000 in total matching funds unless this Agreement is modified, by amendment, duly signed and authorized by each party. (b) Delay Costs. Should additional costs be incurred due to delay of the project, the party to whom the delay is attributable shall be responsible for all costs associated to the delay. If any additional delay costs cannot be attributed to a specific party, then any such cost will be apportioned at a rate of 78% for the City of Sumner and 22% for the City of Auburn. Furthermore, Sumner shall not allow its contractors to perform any work that will obligate Auburn to pay more than $60,000 in total matching funds unless this Agreement is modified, by amendment, duly signed and authorized by each party. 2. Termination. Either party may terminate this Agreement, prior to Sumner's award of a construction contract, upon thirty (30) days written notice to the other party. Termination after Sumner'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 Interlocal Agreement — Cities of Sumner and Auburn East Valley Highway Resurfacing Page: Page 3 of 6 0 the purposes hereof, the "Termination Date" shall be the thirtieth (30�") 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. 3. 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. 4. Severabilitv. If any one or mare 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. 5. Entire A�reement. This Agreement and any attached e�ibits 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 e�ibits, 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. 6. Indemnification. Sumner 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 Sumner's negligence or comparative fault. Auburn shall defend, indemnify and hold Sumner, 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. 7. Proiect Coordination Dispute Resolution and Governin� 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 Interlocal Agreement — Cities of Sumner and Auburn East Valley Highway Resurfacing Page: Page 4 of 6 contact person and Sumner'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 Sumner Project Manager, in coordination with Auburn's desinated contact person, shall attempt to narrow the issue in dispute for consideration by the Public Works Directors of Auburn and Sumner. 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 Sumner'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 paragrap (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 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: Interlocal Agreement — Cities of Sumner and Auburn East Valley Highway Resurfacing Page: Page 5 of 6 ,� . NOTICES TO BE SENT TO: CITY OF SUMNER Charles "Ted" Hill, P.E., Associate City Engineer City of Sumner 1104 Maple Street Sumner, WA 98390 253-299-5703 (telephone) 253-299-5539 (facsimile) NOTICES TO BE SENT TO: CITY OF AUBURN Seth Wickstrom City of Auburn 25 West Main Street Auburn, WA 98001 (253)931-3010 (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. D. AGREEMENT EXECUTION AGREED TO ON THIS (C � DAY OF G�J 2012. THE CITY OF SUMNER: ,___`� ri �....c., � t�-✓�..- DAVE L. ENSLOW, MAYOR THE ITY PETER B. LEWIS, MAYOR APPROVED BY SUMNER CITY COUNCIL MOTION ON O�v ���—I � APPROVED BY AUBURN CITY COUNCIL MOTION ON ��r �7 �`�� Z' ATTE T: AT EST: `.��� � n TERRI BERRY DANIELLE DASKAM SUMNER CITY CLERK AUBURN CITY CLERK APPROVED AS TO FORM: APPROVED AS TO FORM: �--- ` B C. VINSON � ANIEL B. HEID SUMNER CITY ATTORNEY AUBURN CITY ATTORNEY Interlocal Agreement — Cities of Sumner and Auburn East Valley Highway Resurfacing Page: Page 6 of 6