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Home My WebLink AboutAuburn/Pacific TrailINTERLOCAL AGREEMENT DESIGN AND CONSTRUCTION OF THE AUBURN /PACIFIC TRAIL THIS INTERLOCAL AGREEMENT is entered into between the CITY OF PACIFIC, a Washington municipal corporation, located and doing business at 100 - 3rd Avenue SE, Pacific, Washington 98047 ("Pacific"), and the CITY OF AUBURN, a Washington municipal corporation, located and doing business at 25 West Main Street, Auburn, Washington 98001 ("Auburn"). RECITALS WHEREAS, Auburn has received a $342,000 Federal Highway Administration Congestion Mitigation Air Quality ("CMAQ") grant 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 Auburn, starting at 15'h ST SW and ending at Ellingson Road SW, and along Skinner Road and 3rd Avenue SE to Pacific Park in Pacific; and WHEREAS, Pacific has received a $36,969 Federal Highway Administration Surface Transportation Program Urban ("STP(U)") grant for the design and construction of sidewalks along Ellingson Road SW and road widening and sidewalks along Skinner Road in Pacific. A separate project by Pacific already constructed the sidewalks along Ellingson Road SW; and WHEREAS, the Project will be located within the boundaries of Auburn and Pacific and will serve both jurisdictions; and WHEREAS, Pacific has requested that Auburn assume lead agency responsibility for the design and construction of the Project; and WHEREAS, Auburn is willing to enter into an agreement to assume lead agency responsibility for the design and construction of the Project; and WHEREAS, Auburn agrees to provide certain funds necessary to match the Auburn CMAQ grant funds; and WHEREAS, Pacific agrees to provide certain funds necessary to match the Pacific STP(U) grant funds. NOW, THEREFORE THE PARTIES AGREE AS FOLLOWS: AGREEMENT A. AUBURN'S ROLE IN THE COMPLETION OF THE DESIGN AND CONSTRUCTION FOR THE AUBURN /PACIFIC TRAIL 1. Auburn shall assign a Project Manager ("PM") to manage the Project through design and construction. Auburn shall keep Pacific advised of the Project status by providing Pacific Interlocal Agreement - Cities of Pacific and Auburn C507A -Auburn /Pacific Trail H:\Interlocal AgreementsWuburn- Pacifc Interurban Traill Interlocal 022107 .doc Page: 1 of 6 with quarterly updates during design and monthly updates during construction, summarizing project progress. 2. Auburn shall work with Pacific, expeditiously and in good faith, to develop administrative procedures necessary to achieve the smooth progress of the Project. 3. Auburn shall accept lead agency responsibilities for receipt and administration of Pacific's $36,969 STP(U) grant for the Project. 4. Auburn shall be responsible for the completion of all design and construction work for the Project including preparation of plans and specifications to City of Auburn Standards. 5. Auburn shall be responsible for all Project coordination, including grant compliance and the coordination necessary with all affected agencies, as required. 6. Auburn shall utilize its staff resources or professional services as determined by Auburn to be appropriate for the implementation of the Project. 7. This project is to be funded by Auburn's $342,000 CMAQ grant, and a required local agency match of $53,376 to be provided by Auburn. B. PACIFIC'S ROLE IN THE COMPLETION OF THE DESIGN AND CONSTRUCTION FOR THE AUBURN /PACIFIC TRAIL 1. Pacific shall assign a contact person to coordinate with Auburn's PM during the life of the Project. 2. Pacific shall work with Auburn, expeditiously and in good faith, to develop administrative procedures necessary to achieve the smooth progress of the Project. 3. Pacific authorizes Auburn to be the lead agency for receipt and administration of the $36,969 STP(U) grant for the Project. 4. Pacific shall grant Auburn the right to work in Pacific's right of way for all phases of work, including design, right of way acquisition, environmental or other approvals, and construction. 5. Pacific shall work expeditiously to remove any encroachments in the right of way within Pacific's jurisdiction such that Auburn's project is not delayed. 6. Pacific shall notify Auburn of any committed projects that may change the scope of Auburn's Auburn/Pacific Trail project. Pacific shall keep Auburn up to date with the status of such projects on a monthly basis. 7. The project is to be funded by Pacific's $36,969 STP(U) grant, and a required local agency match of $5,770 to be provided by Pacific. Interlocal Agreement - Cities of Pacific and Auburn C507A -Auburn /Pacific Trail H:\Interlocal Agreements\Auburn- Pacifc Interurban Traill Interlocal 022107 .doc Page: 2 of 6 8. To support Auburn's financial management of the Project, Pacific, in its effort to meet Project obligations herein, shall not request reimbursement from Project funds for Pacific's costs in support of the Project without prior written consent from Auburn. C. MISCELLANEOUS 1. Fundin Should additional funding be required, Auburn and Pacific shall modify this Agreement, by amendment, duly signed and authorized by each party. The amendment(s) to this Agreement shall identify and address the authority and responsibilities associated with additional funding. 2. Termination. Either party may terminate this Agreement, prior to Auburn's award of a construction contract, upon thirty (30) days written notice to the other party. Termination after Auburn'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. 3. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. In the event any legal action is filed to adjudicate or resolve any dispute between the parties regarding this Agreement, venue shall be in the King County Superior Court, King County, Washington. 4. 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. 5. Severability. 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. 6. Entire Agreement. This Agreement and any attached exhibits 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 Interlocal Agreement - Cities of Pacific and Auburn C507A -Auburn /Pacific Trail H:\Interlocal Agreements\Auburn- Pacifc Interurban Traill Interlocal 022107 .doc Page: 3 of 6 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. 7. Indemnification. Auburn shall defend, indemnify and hold Pacific, 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. Pacific 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 Pacific's negligence or comparative fault. 8. Proiect Coordination and Dispute Resolution a. Auburn and Pacific shall designate Project Managers who will conduct the routine project coordination between the Cities. Every effort will be made to identify problems and resolve issues at this level to the satisfaction of both parties. Should a dispute arise between the participants regarding the technical aspects and/or decisions related to the design or construction of the Project, the Project Managers shall attempt to narrow the issue in dispute for consideration by the Public Works Director of Auburn and the Public Works Director of Pacific. These respective representatives shall determine if the dispute may be resolved by negotiation. If they cannot resolve the dispute among themselves, the above referenced representative from Auburn shall select another representative from among the employees of Auburn, and the representative from Pacific shall select another representative from among the employees of Pacific, who, together with the respective representatives of the parties initially designated shall form a dispute resolution panel to resolve the dispute. Should the dispute resolution panel not be able to reach a mutually satisfactory resolution, the dispute will be resolved as described below. b. Legal disputes between the parties shall be resolved through the use of mediation by a mediator mutually acceptable to the participants with each participant equally agreeing to share the cost of the mediator. Should the parties not be able to resolve the dispute through mediation, the forum for resolution shall be King County Superior Interlocal Agreement - Cities of Pacific and Auburn C507A -Auburn /Pacific Trail H:\Interlocal Agreements\Auburn- Pacifc Interurban Traill Interlocal 022107 .doc Page: 4 of 6 Court, Regional Justice Center, located in Kent, Washington. The substantially prevailing party shall be entitled to attorney fees and costs. Interlocal Agreement - Cities of Pacific and Auburn C507A -Auburn /Pacific Trail H:\Interlocal Agreements\Auburn- Pacifc Interurban Traill Interlocal 022107 .doc Page: 5 of 6 9. Copies Filed with County Auditor Copies of this 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. D. AGREEMENT EXECUTION AGREED TO ON THIS `~ DAY OF ~~'~ ~ 2007. THE CITY OF PACIFIC: (CHARD HILDRET AYOR T CIT UBt,~$~. ~~ _~ PET B. L IS, MAYOR APPROVED BY PACIFIC CITY COUNCIL MOTION ON February 26, 2007. APPROVED BY AUBURN CITY COUNCIL ~--.T_^%~--~--~`~-~~~~~ ---~..~{ ~-~~fLa 7. . ATTEST: (SEAL) SAN Y PAUL-L LE, CMC PACIFIC CITY CLERK APP ED AS FORM: LBER ABUAN PACIFIC CITY ATTORNEY A ST: ~, DA LLE DASKAM AUBURN CITY CLERK AP DAD~IEL B.`kI~J.D~ AUBURN CITY ATTORNEY Interlocal Agreement - Cities of Pacific and Auburn C507A -Auburn /Pacific Trail H:\Interlocal AgreementsWuburn- Pacifc Interurban Traill Interlocal 022107 .doc Page: 6 of 6