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Home My WebLink AboutMIT/WSDOT Interlocal ~ , , GCA INTERLOCAL AGREEMENT BETWEEN CITY OF AUBURN MUCKLESHOOT INDIAN TRIBE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR TRANSPORTATION IMPROVEMENTS ON SR 164 1. PARTIES This Interlocal Agreement (Agreement) made and entered into, ¡rumllUlt to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code ofWasbington, on the 13th day of June, 2003, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as the "City," the Muckleshoot Indian Tribe, a sovereign jurisdiction located within the State of Washington, hereinafter referred to as "MIT," and the Washington State DI~artment of Transportation, hereinafter referred to as the "State," 2. PURPOSE The purpose of this AGREEMENT is to establish the general parameters of cooperation and support among the Parties for working on the following transportation improvement items: · Resutnption ofSR 164 Corridor Study · Efficient Highway Operation through Intelligent Transportation Systems (ITS) 3. RESPONSmILITIES 3.1 SR 164 Corridor Study: A. The Parties will pledge cooperation in seeking the funding for resumption of the State sponsored SR 164 Corridor Study. The resumption of this Study will assess the feasibility of a SR 164 by-pass in or adjacent to Auburn with the intention of providing a connection between SR 164 and SR 18 and complementary capacity improvements on SR 164. B. The State will continue to be the lead agency to conduct the SR 164 Corridor Study. Page 1 - -------...._------,-. ----.. .~ ( C. The State will work closely with all the stakeholders, including the City and MIT, on the SR 164 corridor study to identify the needed safety improvements and alternatives to be included in further environmental studies. D. Upon completion of the SR 164 Corridor Study, all parties agree to continue cooperation in seeking funding for subsequent environmental study and implementation of the future identified needed improvements. 3.2 Efficient Highway Qperations Throu2h Intelli!!ent Transuortation Systems (ITS): A. The Parties recognize the value of maximizing the efficiency of our collective transportation system investments. The Parties further recognize that ITS applications are proven, cost-effective solutions for increasing roadway capacity and safety. These systems also enable dynamic highway operations in response to changing traffic demands and unforeseen incidents. B. The City of Auburn has identified a citywide ITS project. The City of Auburn, MIT, and WSDOT have collectively identified SR 164 corridor as a priority route for ITS implementation. The City will provide a description of the citywide ITS project, its component parts and estimated costs to the other parties as requested. The State has existing ITS infrastructure on SR 167 to 15th Street NW and will soon construct extensions on SR 167 to 15th Street SW and on SR 18 from 1-5 to SR 167. C. The Parties acknowledge that ITS systems on the SR 164 Corridor and on SR 18 ÍÌ'om SR 167 to Auburn-Black Diamond Road are a mutual pIiority. Therefore, ALL Parties agree to work together to accomplish the following: 1. Collectively and aggressively pursue funding for these syst,:ms. 2. Leverage our existing funding resources, infrastructure invc:stments, and technical resources to the extent possible. 3. Operate our ITS systems to maximize the efficiency of our transportation system. 4. The parties shall identifY their respective points of contact to review and advise the City throughout the ITS design and implementation for coordination until such time as the final design and cost estimate is provided to all the parties. The MIT has agreed to commit $300,000 towards the City's development and implementation of the City's ITS system. Page 2 -- --.-..-.---------.-,-- D. The State agrees to assist the City in the City's ITS project. At no cost to the City, the State agrees to support the project by: · Providing technical assistlUlce · Reviewing the scope of work for consultant agreement(s) · Assistance in the selection of qualified consultant( s) . Design review The City may request that the State provide the following services on a reimbursable basis: . Design work · Procurement (where the State has procurement contracts that are applicable to the project) · Installation of those features of the system that the State has Ithe capability to install on the SR 164 Corridor 4. INDEMNIFICATION Each party shall indemnify and hold the other parties, and their agenlts, employees, and/or officers, hannless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losse:¡, damages, or costs, of whatsoever kind or nature, brought against the other parties arising out of; in connection with, or incident to the indemnifying party's performancc' or failure to perform any aspect of this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of two or more partie:¡, their agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the indemnifying party; and provided further, that nothing herein shall require the party to hold hannless or defend the other parties, their agents, employees and/or officers from any claims arising fium the sole negligence of the other parties, their agents, employees, and/or officers" No liability shall attsch to the other parties by reason of entering into this Agreement except as expressly provided herein. 5. COMPLIANCE WITH REGULATIONS AND LAWS The parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. 6. ASSIGNMENT The parties shall not assign this Agreement or any interest, obligation or duty therein without the express written consent of the other parties. Page 3 ---_.,._._,----~._._--- ---------...------- 7. ATrORNEYS'FEES Each party shall be responsible for its own attorney fees and costs. 8. NOTICES The Parties have designated formal points of contact and coordination for this AGREEMENf as shown below. AIl interagency correspondence outlined herein will be sent through these designated contacts: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Ron :raananen, Deputy Regional AdmIn. 15700 Dayton Ave. North PO Box 330310 Seattle W A 98133-9710 Phone: (206) 440-4693 Fax: (206) 440-4808 MUCKLESHOOT INDIAN TRIBE John Daniels, Jr., Chair Muckleshoot Tribal Council 39015 17200 Avenue SE Auburn VIA 98092-9763 Phone: (253) 939-3311 Fax: (253) 939-5311 9. NONDISCRIMINATION CITY OF AUBURN Peter B. Lewis, Mayor Auburn City Hall 25 West Main Street Aubum W A 98001-4998 Phone: (253) 931-3000 Fax: (253) 931-3053 Each party agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or the presence of any sensory, mental or physical handicap be discriminated against or receive discriminatory treatment by reason thereof. Page 4 ------.-..-..----.-- 10. MISCELLANEOUS A, All of the covenants, conditions and agreements in this Agreement shall extend to and bind the legal successors and assigns of the partie:¡ hereto. B. This Agreement shall be deemed to be made and construed in ac;cordance with the laws of the State of Washington. Jurisdiction and venue for any action arising out of this Agreement shall be in of the county in Washington State in which the property or project is located, and if not site specific:, then in King County, Washington. C. The captions in this Agreement are for convenience only and do not in any way limit or amplifY the provisions of this Agreement. D. The oversight and administration of the Agreement shall be by the respective named representatives identified in Section 8 hereof: or their designees. E. No provision of this Agreement shall relieve either party of its public agency obligations and or responsibilities imposed by law. F. If any term or provision of this Agreement or the application 'thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable by a final decision of any court having jurisdiction on the matter, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect, unless such court determines that such invalidity or unenforceability materially interferes with or defeats the purposes hereof: at which time the parties shall have the right to terminate the Agreement. G. No modifications or amendments of this Agreement shall be valid or effective unless evidenced by an agreement in writing signed by all Partie1l. 11. TERMINATION OF AGREEMENT Either Party may tenninate this Agreement at any time upon thirty (30) days written notice. By signing this Agreement, the City, MIT and the State agree to the terms and commitments outlined above. This Agreement may be modified at any time upon the mutual agreement of all Parties. Page 5 .._------~----- -.....--..-- , I' H. Executed this /3 - day of ,J VI«. MUCKLESHOOT INDIAN TRIBE By: ohn Daniels, Jr. Muckleshoot Tribal Council WASHINGTON STATE DEPARTMENT OF TRANSPORTATION BY:1¥d(~ Ron P en Deputy Regional Administrator .2003. ~'""'- Q Peter B. Lewis Mayor Attest:~~v.-J City Clerk Page 6 - ----_._--