HomeMy WebLinkAboutITEM VIII-B-1
CITY OF
AUBURN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Resolution No. 4154 Janua 25, 2007
Department: Attachments: Resolution 4154, Budget Impact:
Public Works Interlocal A reement and Ma $ 0
Administrative Recommendation:
City Council to adopt Resolution No. 4154.
Background Summary:
Resolution No. 4154 authorizes the City of Auburn to enter into an Interlocal Agreement with the City of
Pacific for the design and construction of Project No. C507A, Auburn /Pacific Trail.
This project will complete the design and construction of non-motorized facilities along the west side of
"C" Street SW in Auburn, starting at 15~h Street SW and ending at Ellingson Road SW, and along Skinner
Road and 3~d Avenue SE to the Pacific Park in Pacific.
Design work is under way, and construction is anticipated to occur sometime between spring of 2007 and
fall of 2008.
The project is funded by a $342,000 CMAQ grant awarded to Auburn with a $53,376 local match to be
provided by Auburn, and a $36,969 STP(U) grant awarded to Pacific with a $5,770 local match to be
provided by Pacific.
W0220-2
04.9.1 C507A
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
^ Arts Commission COUNCIL COMMITTEES: ^ Building ^ M&O
^ Airport ^ Finance ^ Cemetery ^ Mayor
^ Hearing Examiner ^ Municipal Serv. ^ Finance ^ Parks
^ Human Services ^ Planning & CD ^ Fire ^ Planning
^ Park Board ®Public Works ®Legal ^ Police
^ Planning Comm. ^ Other ®Public Works ^ Human Resources
Action:
Committee Approval: ^Yes ^No
Council Approval: ^Yes ^No Call for Public Hearing _/ /_
Referred to Until _/_/
Tabled Until _/ /
Councilmember: Wa ner Staff: Dowd
Meetin Date: Februa 20, 2007 Item Number: VI11.B.1
~jj$~[,T ~k MORE THAN YOU IMAGINED
RESOLUTION N0.4154
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
PACIFIC TO DESIGN AND CONSTRUCT PROJECT NO.
C507A, AUBURN /PACIFIC TRAIL
WHEREAS, the Cities of Auburn and Pacific share a common community
interest in providing new non-motorized facilities on C Street SW in Auburn and
on Skinner Road and 3rd Avenue SE in Pacific; and
WHEREAS, the Washington State Department of Transportation
(WSDOT) is interested in working with the communities of Auburn and Pacific to
help provide the .non-motorized facilities; and
WHEREAS, the need for non-motorized facilities on C Street SW is
recognized in Auburn's adopted Non-Motorized Transportation Plan; and
WHEREAS, the City of Pacific has requested that Auburn assume lead
agency responsibility for the design and construction of the Project; and
WHEREAS, the City of Auburn's federal and state certification
acceptance (CA) authority is necessary to administer some of the funds that
were awarded to Auburn and Pacific for the project; and
WHEREAS, it would be appropriate for the City of Auburn to utilize its
federal and state certification acceptance (CA) authority to administer any funds
Resolution No. 4154
January 30, 2007
Page 1
that may be awarded to the City of Auburn and the City of Pacific for the
purpose of the non-motorized improvement; and
WHEREAS, while a portion of the project site is located in the City of
Pacific, it would also be appropriate for the City of Auburn to be the lead agency
for the project on the behalf of the City of Pacific.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute an interlocal
agreement between the Cities of Auburn and Pacific which shall be in
substantial conformity with the interlocal agreement, a copy of which is attached
hereto, marked as Exhibit "A" and incorporated herein by this reference, and to
implement such other administrative procedures as may be necessary to carry
out the directives of this legislation.
Section 2. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of , 2007.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
Resolution No. 4154
January 30, 2007
Page 2
ATTEST:
Danielle E. Daskam,
City Clerk
APP V A TO FORM•
aie ;
City Attorney
Resolution No. 4154
January 30, 2007
Page 3
INTERLOCAL 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 - 3`~ 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~' ST SW and ending at Ellingson Road SW, and along Skinner Road and 3`d 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 constructiondf 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
with quarterly updates during design and monthly updates during construction,
summarizing project progress.
Interlocal Agreement - Cities of Pacific and Auburn
C507A -Auburn /Pacific Trail Page: 1 of 5
C. MISCELLANEOUS
1. Funding. 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.
-y.
2. Termination. Either party may terminate this Agreement, -~'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 (30`h) 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 thie 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
#his agreement is/are held fo 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
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.
Interlocal Agreement - Cities of Pacific and Auburn
C507A -Auburn !Pacific Trail Page: 3 of 5
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 attq#~ 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 he 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 Wcirks 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 hall 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 botween 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
Court, Regional Justice Center, located in Kent, Washington. The substantially
prevailing party shall be entitled to attorney fees and costs.
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 Pacifica
Interlocal Agreement - Cities of Pacific and Auburn
C507A -Auburn /Pacific Trail Page: 4 of 5
Y ~ `
•.
D. AGREEMENT EXECUTION
AGREED TO ON THIS DAY OF
THE CITY OF PACIFIC:
RICHARD HILDRETH, MAYOR
2007.
~r.
~~<
THE CITY OF #`~~URN:
PETER B: LEWIS, MAYOR
APPROVED BY PACIFIC CITY COUNCIL MOTION-0N
APPROVED BY AUBURN CITY COUNCIL
ATTEST: ATTEST:
(SEAL) (SEAL)
SANDY PAUL-LYLE, CMC DANIELLE DASKAM
PACIFfG CITY CLERK AUBURN CITY CLERK
APPROVED AS TO FORM:
APPROVED AS TO FORM:
ALBERT ABUAN
PACIFIC CITY ATTORNEY
DANIEL B. HEID
AUBURN CITY ATTORNEY
Interlocal Agreement - Cities of Pacific and Auburn
C507A -Auburn !Pacific Trail
Page: 5 of 5
4 ~!~
CITY OF -~....~- f,, -
~~
,~ WASHWGTON
CITY OF AUBURN
C507A, AUBURN /PACIFIC TRAIL
Figure 1
Vicinity Map