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Home My WebLink About04-18-2005 ITEM VIII-B-4A TY OF_ LIBI RN WASHtNGTON AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 3848 Date: April 5, 2005 Department: Attachments: Budget Impact: Public Warks Resolution No. 3848 $ 0 Administrative Recommendation: City Council adopt Resolution No. 3848. Background Summary: On May 15, 2000, the Mayor was authorized by Resolution No. 3224 to enter into an Interlocal Agreement with the City of Pacific for the design of Project No. C229A, BNSF/East Valley Highway Pedestrian Underpass. This agreement required amendments as the project advanced into new phases of design and construction. The City of Auburn recently obligated additional funding for the final design, and Resolution No. 3848 authorizes an amendment to the Interlocal Agreement to identify and address the authority and coordination between the Cities of Auburn and Pacific for this next project phase. W0418-1 04.12.1 PR C229A, 04.5.1, 03.4.1.14 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ®Public Works ® Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes []No Call for Public Hearing Referred to Until /!_ Tabled Until__ _!_!_ Councilmember: Wagner Staff: Dowd MeetingDate: April 18, 2005 Item Number: VIII.B.4 AUBURN* MORE THAN YOU IMAGINED RESOLUTION NO. 3 8 4 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO AMEND AN INTERLOCAL AGREEMENT WITH THE CITY OF PACIFIC TO DESIGN AND CONSTRUCT PROJECT NO. C229A, BURLINGTON NORTHERN SANTE FE RAILROAD AND EAST VALLEY HIGHWAY PEDESTRIAN UNDERPASS WHEREAS, Resolution No. 3224, dated May 15, 2000, authorized the Mayor to execute an interlocal agreement with the City of Pacific for the design of the project; and WHEREAS, the City of Auburn's federal and state certification acceptance (CA) authority was necessary to administer some of the funds that were awarded to Pacific, and Auburn for the project; and WHEREAS, the original agreement required amendments as the project advanced into new phases of design and construction; and WHEREAS, the City of Auburn has acquired additional funding for the final design of the project; and WHEREAS, this amendment is necessary to identify and address the authority and coordination between the Cities of Auburn and Pacific for the next project phase. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 3848 April 5, 2005 Page 1 Section 7. The Mayor is hereby authorized to execute an amendment to the Interlocal Agreement with the City of Pacific, in substantial conformity with the amendment attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such other administrative procedures as may be necessary to cavy out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this ATTEST: Danielle E. Daskam, City Clerk Resolution No. 3848 April 5, ?005 Page 2 day of 2005. CITY OF AUBURN PETER B. LEWIS MAYOR AMENDMENT #1 TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF PACIFIC RELATING TO PROJECT C229A BURLINGTON NORTHERN SANTE FE RAILROAD & EAST VALLEY HIGHWAY (`A' STREET SE) UNDERCROSSING FOR PEDESTRIAN SAFETY THIS AMENDMENT is made and entered into by and between the CITY OF AUBURN, a municipal corporation of the State of Washington located and doing business at 25 West Main Street, Auburn, Washington 98001 ("Auburn"), and the CITY OF PACIFIC, a Washington municipal corporation, located and doing business at 100 — 3'd Avenue SE, Pacific, Washington 98047 ("Pack"), as an Amendment to the Agreement between the parties. executed on the 14th day of April, 2003. RECITALS WHEREAS, the Auburn and .Pacific entered into an interlocal agreement to have Auburn assume lead agency responsibility for the design of a pedestrian underpass in the vicinity of East Valley Highway and the White River (the Project); and . WHEREAS, Auburn performed preliminary design of the project using a $150,000 Highways & Local Programs {"H&LP") grant through the 2001 Traffic Safety Near Schools Program and a $40,000 Icing County Open Space Bond for local match; and WHEREAS, the interlocal agreement committed both Pacific and Auburn to pursuing final design and construction funds for the project; and WHEREAS, Auburn has been awarded an additional grant of $150,000 from the federal Section 1103 High Speed Rail Program with no local match for final design of the Project; and WHEREAS, Auburn and Pacific agreed to modify their Agreement, by amendment, to identify and address the authority and coordination of any future project phases; and WHEREAS, the City of Auburn has annexed some of the property on which the project will be constructed such that the project is now within both jurisdictions of Auburn and Pacific. NOW, THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Auburn shall continue to take lead agency responsibilities for the administration of the $150,000 High Speed Rail grant for the Project. Exhibit A — Resolution No. 3848 Page: 1 of 2 Amendment to Interlocal Agreement — Cities of Pacific and Auburn BNSF / East Valley Highway Pedestrian Underorossing 2. Auburn shall perform final design of the Project and work with Pacific, expeditiously and in good faith, to involve Pacific in the final design of the project including design reviews, permitting activity, environmental studies and right-of-way acquisition. 3. Auburn shall work with Pacific to procure funding for all remaining environmental, right- of-way and construction phases of the Project. If, for any reason, sufficient funds cannot be obtained to cover these costs, further efforts shall be suspended at a logical milestone, as mutually identified with Pacific, that can be reached with the available funds. 4. Pacific and Auburn will pursue additional amendments to the Agreement to identify and address the authority and coordination of the Project prior to commencing construction. 5. Copies of this Amendment to the 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. 6. All provisions of the original agreement remain in full force and effect. AMENDMENT TO AGREEMENT EXECUTION AGREED TO ON THIS THE CITY OF PACIFIC: RICH HILDRETH, MAYOR APPROVED BY PACIFIC CITY COUNCIL DAY OF THE CITY OF AUBURN: PETER B. LEWIS, MAYOR PIZ081-1 APPROVED BY AUBURN CITY COUNCIL through Resolution Number 3848 on Aoril 18.21105. ATTEST: (SEAL) SANDY PAUL-LYLE PACIFIC CITY CLERK APPROVED AS TO FORM: ALBERT ABULAN PACIFIC CITY ATTORNEY r_Yi1111111411fA (SEAL) DANIELLE DASKUM AUBURN CITY CLERK AP DX i AUBURN CITY •- Exhibit A — Resoludon No. 3848 Page! 2 of 2 Amendment to Interlocal Agreement— Cities of PadBc and Auburn BNSF / East Valley Highway Pedestrian Undercrossing