HomeMy WebLinkAbout3224RESOLUTION NO. 3 2 2 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, AUTHORIZING THE CITY OF AUBURN TO PARTICIPATE
WITH THE CITY OF PACIFIC IN A COOPERATIVE EFFORT TO PLAN AND
CONSTRUCT A NON-MOTORIZED CROSSING OF 'A' STREET SE AND THE
BURLINGTON NORTHERN RAILROAD IN THE VICINITY OF THE STUCK
RIVER BRIDGE.
WHEREAS, all agencies and communities are interested in improving
safety on the area's reil lines; and
WHEREAS, the Cities of Auburn and Pacific share a common
community interest in providing a new non-motorized corridor to discourage the
unsafe practice of trespassing on the railroad; and
WHEREAS, the Washington State Department of Transportation
(WSDOT) Rail Office and the Washington Utilities and Transportation
Commission (WUTC) are interested in working with the communities of Auburn
and Pacific to help provide that non-motorized connection in the vicinity of the
Stuck River located in the city of Pacific; and
WHEREAS, the City of Auburn has a non-motorized trailhead in
Roegner Park which, if extended, could greatly promote safety and
thoroughfare for the non-motorizing public living in Auburn and Pacific; and
WHEREAS, the need for that improvement is recognized in the City's
adopted Non-Motorized Transportation Plan.
Resolution No. 3224
05/15/00
Page 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES THAT:
Section 1. The City of Auburn will utilize its federal and state
certification acceptance (CA) authority to administer any funds that may be
City of Auburn for the purpose of the non-motorized
awarded to the
improvement.
Section 2.
It is understood that the City of Pacific will request funding to
study the feasibility and to develop a scope of work satisfactory to all agencies
and the two communities and to develop an engineers estimate for the final
design and construction of a non-motorized connection. The City of Auburn
recognizes that, while the project site is located in the City of Pacific, the City of
Auburn will be lead agency for the project on behalf of the City of Pacific.
Section 3. The Mayor is hereby authorized to execute an interlocal
agreement between the Cities of Auburn and Pacific and implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 4. Once funding is secured for construction, the interlocal
agreement will be amended to include finance and administration of the project
Resolution No. 3224
05/15/00
Page 2
funding, distribution of cost shares, and management of design and
construction.
DATED and SIGNED this 15th day of May, 2000.
ATTEST:
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
City Attorney
Resolution No. 3224
05/15/00
Page 3
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
20030714002732
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RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Interlocal Agreement (RES 3224)
Reference Number(s) of Documents assigned or released:
I'-IAdditional reference #'s on page of document
Grantor(s)/BorrOwer(s) (Last name first, then first name and initials)
Auburn, City of
Grantee/Assignee/Beneficiary: (Last name first)
1. Pacific City of
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
PER RCW 39.34
[] Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number
N/A
[] Assessor Tax # not yet assigned
INTERLOCAL AGREEMENT
DESIGN OF THE CITY OF PAClFIC'S
BURLINGTON NORTHERN SANTE FE RAILROAD &
EAST VALLEY HIGHWAY ('A' STREET/SE) UNDERCROSSING
FOR PEDESTRIAN SAFETY
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, HDR Engineering, Inc. completed the City of Pacific - Pedestrian Safety
Improvement Study, Skinner Road and East Valley Highway for the Washington State
Department of Transportation (December 2000), identifying engineering alternatives for
improved pedestrian safety in the vicinity of East Valley Highway and the White (Stuck) River;
and
WHEREAS, Pacific has received a $150,000 Highways & Local Programs ("H&LP") grant
through the 2001 Traffic Safety Near Schools Program to initiate design of a Burlington Northern
Santa Fe Railroad ("BNSF") and East Valley Highway ('A' Street SE) pedestrian undercrossing
("Project"); and
WHEREAS, the Project will be located within the boundaries of Pacific but will serve both
jurisdictions; and
WHEREAS, Pacific has requested that Auburn assume lead agency responsibility for the
design of the Project; and
WHEREAS, Auburn is willing to enter into an agreement to assume lead agency
responsibility for the design of the Project; and
WHEREAS, Pacific has requested that Auburn implement Alternative lA of the Pedestrian
Safety Improvement Study for the Project; and
WHEREAS, Pacific and Auburn agree to provide certain funds necessary to match the
H&LP grant funds.
NOW, THEREFORE THE PARTIES AGREE AS FOLLOWS:
Interlocal Agreement - Cities of Pacific and Auburn
BNSF / East Valley Highway Pedestrian Undercrossing Page: 1 of 6
AGREEMENT
A. AUBURN'S ROLE IN THE COMPLETION OF THE DESIGN FOR PACIFIC'S BNSF/EAST
VALLEY HIGHWAY ('A' STREET SE) UNDERCROSSlNG FOR PEDESTRIAN SAFETY
1. Auburn shall assign a Project Manager ("PM") to manage the Project through design.
Auburn shall keep Pacific advised of the Project status by providing Pacific with monthly
Progress Reports, summarizing work performed and funds expended.
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 $150,000 H&LP grant for the Project.
4. Auburn shall be responsible for the completion of all design work for the Project
including preparation of plans and detailed 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. Should professional services be
utilized for the Project, Pacific may review and comment on professional service hourly
rates or fees in advance of Final Professional Services Contract execution.
7. According to the Pedestrian Safety Improvement Study, the Preliminary Engineering
("PE") phase of the Project is estimated to cost approximately $240,000. This phase is
to be funded by Pacific's $150,000 H&LP grant, a required local agency match of
$40,000, and additional undetermined funding. Auburn has obtained approximately
$40,000 of King County Open Space Fund that will be utilized as the $40,000 local
agency match for the H&LP grant.
8. Auburn shall organize the Design Scope of the Project to allow for significant project
design milestones. The purpose of these milestones is to provide design targets where
design efforts can be suspended, if necessary, until additional funds are procured. If no
additional funding becomes available beyond that identified in Item #5 above, it is
anticipated that the PE phase will be approximately 30% complete at current fund
depletion.
9. Auburn shall work with Pacific to procure additional funds for the complete PE phase of
the Project. If, for any reason, sufficient funds cannot be obtained to cover the full costs
Interlocal Agreement - Cities of Pacific and Auburn
BNSF / East Valley Highway Pedestrian Undercrossing Page: 2 of 6
of the PE phase, the design efforts shall be suspended at a logical design milestone, as
mutually identified with Pacific, that can be reached with the available funds.
10. Auburn shall work with Pacific to procure funding for additional phases of the Project,
including Right of Way acquisition, environmental and other permits and approvals, and
construction. If, for any reason, sufficient funds cannot be obtained to cover the full
costs of additional phases, Project efforts shall be suspended at logically identified
milestones, as mutually determined with Pacific, until additional funds are procured.
11. Auburn shall work diligently to meet initial funding schedules stipulated by WSDOT for
the H&LP grant.
PACIFIC'S ROLE IN THE COMPLETION OF THE DESIGN FOR PACIFIC'S BNSF/EAST
VALLEY HIGHWAY ('A' STREET SE) UNDERCROSSlNG FOR PEDESTRIAN SAFETY
1. Pacific shall assign a contact person to coordinate with Auburn's PM during the life of
the Project. Pacific shall also assign a staff representative to be included in the Project
Consultant selection process.
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
$150,000 H&LP grant for the Project.
Pacific shall work with Auburn to procure additional funds for the complete PE phase of
the Project. If, for any reason, sufficient funds cannot be obtained to cover the full costs
of the PE phase, the design efforts shall be suspended at a logical design milestone, as
mutually identified with Auburn, that can be reached with the available funds.
5. Pacific shall work with Auburn to procure funding for additional phases of the Project,
including Right of Way acquisition, environmental and other permits and approvals, and
construction. If, for any reason, sufficient funds cannot be obtained to cover the full
costs of additional phases, Project efforts shall be suspended at logically identified
milestones, as mutually identified with Auburn, until additional funds are procured.
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 in excess of $5,000 without prior written consent
from Auburn.
The City of Pacific may submit Project Reimbursement Requests to Auburn for progress
payments not more often than once each month. Reimbursement requests shall be
reviewed and approved by Auburn prior to payment to Pacific. Payment of the approved
Interlocal Agreement - Cities of Pacific and Auburn
BNSF / East Valley Highway Pedestrian Undercrossing Page: 3 of 6
Reimbursement Request amount shall be made to Pacific by Auburn within forty-five
(45) days of Auburn's receipt of the Reimbursement Request.
MISCELLANEOUS
1. Future Project Phase(s). Should funding for the future phase(s) be acquired, 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 coordination of the future Project phase(s).
2. Termination. Either party may terminate this Agreement upon thirty (30) days written
notice to the other 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. Pacific shall have forty-five (45) days after the Termination Date to request
payment for services rendered prior to the termination of the Agreement, and shall,
within said forty-five (45) day period, submit a Final Project Reimbursement Request for
its final reimbursable costs to Auburn for review and approval. Payment of the approved
Final Project Reimbursement Request amount shall be made to Pacific by Auburn within
forty-five (45) days of Auburn's receipt of the Final Project Reimbursement Request.
Auburn shall submit a Final Project Reimbursement Request to the appropriate funding
agencies within thirty (30) days of its receipt of Pacific's Final Project Reimbursement
Request. Under no circumstances will either party be reimbursed for services rendered
after the Termination Date.
3. GoYerninq 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. Severabilit¥. 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 Aqreement. This Agreement and any attached exhibits contain the entire
agreement between the parties. Should any language in any exhibit to this Agreement
Interlocal Agreement - Cities of Pacific and Auburn
BNSF / East Valley Highway Pedestrian Undercrossing Page: 4 of 6
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.
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 additional phases, 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 additional phases, of the Project, but only to the extent of
Pacific's negligence or comparative fault.
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 additional phases, 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 Community Development 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
Interlocal Agreement - Cities of Pacific and Auburn
BNSF / East Valley Highway Pedestrian Undercrossing Page: 5 of 6
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.
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
DAYOF ,,~,j2,~' / 2003.
/
THE CITY OF PACIFIC:
HOWARD ERICKSON, MAYOR
PETER B. LEWIS, MAYOR
APPROVED BY PACIFIC CITY COUNCIL MOTION ON
APPROVED BY AUBURN CITY COUNCIL through Resolution Number 3224 on May 15, 2000.
ATTEST: ATTEST:
RCN DY~R~i~b,~CM~!
P,~ClF!CCl Y CLERK
APpRO~/ED"~S TO FORM
~ACI~IEcCcKI~ ATTORNE;
DA'NIELLE ~
AUBURN CITY CLERK
DAtN~E-L B.'~"'~ ' '
AUBURN CITY ATTORNEY
Interlocal Agreement - Cities of Pacific and Auburn
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