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HomeMy WebLinkAboutRES 5856 - Sumner ILA - Levee & Point Bar ContractDocusign Envelope ID: 29FEB97B-3002-47BB-BB8E-A9D7414CEF78 Resolution No. 1729 Return to: City of Sumner City Clerk 1104 Maple Street Sumner, WA 98390 INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUMNER AND THE CITY OF AUBURN FOR FUNDING SUPPORT FOR CONSTRUCTION OF THE LEVEE & POINT BAR PROJECT THIS AGREEMENT, made pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, is entered into by and between the City of Sumner ("Sumner") and the City of Auburn ("Auburn"), both municipal corporations of the State of Washington (together referred to as the "Parties"), for the purpose of installing large woody material as part of the Levee & Point Bar project ("Agreement"). WHEREAS, Auburn has committed to the Washington State Department of Fish and Wildlife to place large woody material along the White River as part of Auburn's Coal Creek Springs Transmission Main Replacement Project project; and WHEREAS, the Muckleshoot Indian Tribe has expressed concerns that large woody material placement as part of the Coal Creek Springs Transmission Main Replacement Project will interfere with their fishing activities; and WHEREAS, Sumner's Levee & Point Bar Project will place large woody material along the White River and is in need of construction funding; and WHEREAS, the Washington State Department of Fish and Wildlife has agreed the remaining funds Auburn has budgeted for the large woody material placement can be contributed to the Sumner Levee & Point Bar Project to satisfy Auburn's commitment to the Washington State Department of Fish and Wildlife; and WHEREAS, the Interlocal Cooperation Act, Chapter RCW 39.34, authorizes the Parties to enter into this Agreement for the purposes set forth herein. NOW, THEREFORE, in consideration of the terms, conditions, mutual covenants and performance contained herein or attached and made part hereof, the Parties hereto agree as follows: AGREEMENT SECTION 1. SUMNER'S RESPONSIBILITIES The scope of work for this Agreement is the placement of large woody material along the White River as part of the Levee & Point Bar Project. The project boundaries are completely within the City of Sumner. As such, Sumner shall be solely responsible for all aspects of the Sumner -Auburn Interlocal Agreement White River Restoration Page 1 of 4 Docusign Envelope ID: 29FEB97B-3002-47BB-BB8E-A9D7414CEF78 project and retains sole decision -malting, permitting authority, supervision, and inspection authority over all aspects and management of the Project. SECTION 2. AUBURN'S RESPONSIBILITIES Subject to the terms and conditions of the Agreement set forth herein, Auburn agrees to make a one -tinge payment to the City of Sumner of $121,885.63 for the Levee & Point Bar Project (the "Funds"). Payment of the Funds will be made pursuant to this signed Agreement, and within 45 days of the execution of this Agreement by the Parties, the execution of which .is contingent upon final approval of the terms and conditions of this Agreement by Resolution of the Auburn City Council. At Auburn's discretion, payment of the Funds shall be made by check, ACH transfer, or by wire. If paying by check, it should be to "City of Sumner" and sent by post mail to the following address: Michael Kosa, Director Public Works Department City of Sumner 104 Maple Street Sumner, WA 98930 Instructions for ACH and wire payments are attached as Exhibit A. Sumner shall have full discretion on use of the Funds for the Levee & Point Bar Project. Upon payment of the Funds, Auburn will have no further responsibilities regarding the Project or for any future maintenance and/or operation of the Levee & Point Bar Project because of this Agreement. The Agreement does not create any lien rights or any interest in property or equipment. Auburn makes no commitment to and is not obligated by this Agreement for any future support of the Project. SECTION 3. SUMNER ASSURANCES AND FUNDING CONFIRMATION Sumner warrants and promises that it will not redirect the Funds for any other purpose than completion of the Project. If Sumner abandons the Project or does not expend all the Funds obligated, it shall refund to Auburn the portion of Funds unexpended. Sumner will construct the Project in accordance with public works laws and regulations including those related to competitive bidding, prevailing wage, retainage, and bonding, and with the currently adopted Stormwater Design Manual; the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter, Standard Specifications for Road, Bridge, and Municipal Construction, and Standard Plans (M21-01) for Road, Bridge and Municipal Construction and the Washington State Department of Transportation Construction Manual. SECTION 5. ASSIGNMENT. Neither Party to this Agreement shall have the right to convey, assign, apportion or otherwise transfer any and all of its rights, obligations, conditions and interests under this Agreement, without the prior written approval of the other. Sumner -Auburn Interlocal Agreement White River Restoration Page 2 of 4 Docusign Envelope ID: 29FEB97B-3002-47BB-BB8E-A9D7414CEF78 SECTION 6. LEGAL RELATIONS. A. Independent Governments. The Parties hereto are independent governmental entities, and nothing herein shall be construed to limit the powers, authority or discretion of the governing bodies of each. Moreover, nothing herein contained shall be construed as creating a partnership or joint venture or the relationships of employer and employee, or principal and agent between the Parties. Sumner shall retain all authority for rendition of services, permitting requirements, standards of performance, control of personnel, and other matters incident to performance of this Agreement by Sumner. B. Third Party Beneficiaries. It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and, other than the benefit to the public provided by completion of the Project, gives no right or cause of action to any other party. No joint venture or partnership is formed as a result of this Agreement. SECTION 7. DURATION AND TERMINATION This Agreement is effective upon execution by both Parties and will automatically terminate when the terms of this Agreement are complete or upon mutual consent by the Parties. SECTION 8. INDEMNIFICATION AND DEFENSE Sumner shall defend, indemnify and save harmless Auburn, its elected officials, officers, employees, agents and assigns from any and all costs, claims, judgments, or awards of damages resulting or allegedly resulting from the acts or omissions of Sumner, its officers, employees, agents or assigns associated with this Agreement. Sumner specifically assumes liability for actions brought by its own employees against Auburn and for that purpose Sumner specifically waives, as respects to Auburn only, any immunity under the Worker's Compensation Act, RCW Title 51. The parties acknowledge that this waiver was the subject of mutual negotiation. SECTION 9. INSURANCE Summer shall maintain in full force throughout the duration of this Agreement membership in a municipal self-insurance pool, including evidence of limits of coverages, exclusions, and limits of liability satisfactory to Auburn. SECTION 10. WAIVER No waiver by either of the Parties to this Agreement of any term or condition of this Agreement shall be deemed or construed to constitute a waiver of any other term or condition or any subsequent breach, whether of the same or a different provision of this Agreement. Sumner -Auburn Interlocal Agreement White River Restoration Page 3 of 4 Docusign Envelope ID: 29FEB97B-3002-47BB-BB8E-A9D7414CEF78 SECTION 11. ENTIRE AGREEMENT This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements between the Parties shall be effective for any purpose. SECTION 12. AMENDMENT Provisions within this Agreement may be amended with the mutual consent of the Parties hereto. No waiver, additions to, or alteration of, the terms of this Agreement shall be valid unless made in writing, formally approved and executed by duly authorized agents of both Parties. SECTION 13. SEVERABILITY If any one or more of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. SECTION 14. FILING Copies of this Agreement shall be filed with the Pierce County Auditor after execution of the Agreement by both Parties. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement this day of het 2025. CITY OF SUMNER Signed by: 34z°^l�� gIayden, Mayor R Signedby: 6007C09°��PP'Wilson, City Administrator Approved as to Form: EX DocuSigned by: ,4UA M!,/t" ANdttWMArquez SUMNER CITYATTORNEY CITY OF AUBURN -, M-L7 r., k-u !s,�MVa y o �r Approy ason Whalen Sumner -Auburn Interlocal Agreement White River Restoration Page 4 of 4 URN CITY ATTORNEY