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Home My WebLink About3814 RESOLUTION NO.3 8 1 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND AUBURN SCHOOL DISTRICT NO. 408 RELATED TO PROJECT NO. C425A, PIONEER ELEMENTARY WALKWAY IMPROVEMENTS WHEREAS, pursuant to RCW 35A.11.040, the City of Auburn and the Auburn School District have the legal authority to exercise their powers and perform any of their functions as set forth in RCW 39.34; and WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, the City of Auburn and the Auburn School District have the legal authority to cooperate with other localities on the basis of mutual advantage and provision of services; and WHEREAS, the Auburn School District has received a $121,770 Washington State Safe Routes to Schools Program grant, of which a portion is for the Pioneer Elementary School Walkway Project ("Project"), and WHEREAS, the Project will be located within the right-of-way of the City, but will serve both Agencies, and WHEREAS, the Auburn School District has requested that the City assume responsibility for the design and construction of the walking route improvement portion of the Project, and ---------------------- Resolution No. 3814 February 7, 2005 Page 1 WHEREAS, the City is willing to assume the direct labor costs for City staff to complete the design and inspection of the Project, and WHEREAS, the City's costs will be used as "in kind" match for the grant. 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 regarding the construction of walkway improvements along "F" Street SE from 25th Street SE to 29th Street SE and near 25th Street SE and "H" Street SE, between the City of Auburn and Auburn School District No. 408, in substantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is hereby authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. ----------------- Resolution No. 3814 February 7, 2005 Page 2 ~J Dated and Signed this ,.)).'·day of . 2005. PETER B. LEWIS MAYOR ATTEST: jJa£:2>I¿~~ Danielle E. Daskam, City Clerk TO FORM: () j ¡ 1/ )\ ''----.... . Resolution No. 3814 February 7, 2005 Page 3 .:~ '----" Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 11111111111 20050324000 PACIFIC NU TIT AG 23 0 PAGE001 OF 00S . 03/24/20011 II: za -" ING COUNTY, UA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): C --~ '~I'~lt .' >-ì~' .+ .\-:::¡-- Interlocal Agreement (RES 3814) Reference Number(s) of Documents assigned or released: DAdditional reference #'5 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. Auburn School District Legal Description (abbreviated: i.e. lot, block, plat or section, township. r PER RCW 39.34 o Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number N/A D Assessor Tax # not yet assigned Said docJJmOOl{s) were flied." 11JOOrd by Pacific Nmthwest TItle as aooommodafion On iy. II has not been r,;iamlned as to proper €tx~""'" _ ~"v"or as 10 its!lftect I-'PM ti!kI. 1111111 888 0 - ---- - - - - \/ i'· . ange) l£ Exhibit A INTER-LOCAL AGREEMENT REGARDING THE CONSTRUCTION OF PIONEER ELEMENTARY SAFE WALKING ROUTE IMPROVEMENTS THIS INTER-LOCAL AGREEMENT is entered into between the Auburn School District #408, a Washington Public Agency, located and doing business at 915 4TH Street NE Auburn, Washington 98002 ("School District"), and the CITY OF AUBURN, a Washington municipal corporation, located and doing business at 25 West Main Street, Auburn. Washington 98001 ("City"). RECITALS WHEREAS, the School District has received a $121,770 Washington State Safe Routes to Schools Program grant of which a portion is for the Pioneer Elementary School Walkway Project ("Project"). and WHEREAS, the Project will be located within the right of way of the City, but will serve both Agencies, and WHEREAS, the School District has requested that the City assume responsibility for the design and construction of the walking route improvement portion of the Project, and WHEREAS, the City will own and maintain the walking route improvements, and WHEREAS. the City is willing to enter into an agreement to assume responsibility for the design and construction of the Project, and WHEREAS. the School District agrees to provide grant funds necessary for the construction of the Project, and WHEREAS. the City is willing to assume the direct labor costs for City staff to complete the design and inspection of the Project, and WHEREAS, the City's costs will be used as "in kind" match for the grant. Now. therefore the Parties agree as follows: ------------------------- Exhibit A Resolution No. 3814 Page 1 of4 AGREEMENT A. AUBURN'S ROLE IN THE COMPLETION OF THE PROJECT 1. The City will assign a Project Manager (PM) to manage the Project from design through construction and acceptance and will keep the School District advised of the Project status during this effort. 2. The City will be responsible for the completion of all design work for the Project including preparation of plans, detailed specifications, coordination necessary with all affected agencies. permitting, grant compliance, responses to bidder inquiries during contract advertisement and preparation of any amendments to the solicitation, as required. 3. The City will utilize its staff resources or professional services as determined by the City to be appropriate for the implementation of the Project. 4. The City will advertise for construction bids and award the construction contract for the Project. 5. The City will review and approve construction submittals required of the contractor for the construction of the Project. 6. The City will review and make decisions regarding all requests for changes during construction proposed by the contractor or the School District during construction of the Project. 7. The City, with the School District's concurrence, will accept the construction of the Project. 8. The total construction cost of the Project is estimated to be $70,000 and is to be funded from the School District's $121,770 Washington State Safe Routes to School grant. The City will contribute its staff resources for design and construction inspection labor for the Project. which will be utilized by the School District as the local agency match for the Project. 9. If. for any reason, sufficient funds cannot be obtained to cover the costs to fully fund the construction of the Project, including future Project amendments, the City will work with the School District to obtain additional funds, or to modify the Project scope to insure that it can fully fund final construction costs. B. THE SCHOOL DISTRICT'S ROLE IN THE COMPLETION OF THE PROJECT 1. The School District will assign a contact person to coordinate with the City's PM during the life of the Project. 2. The School District will provide concurrence to the City before the City awards the construction contract. 3. If, for any reason, sufficient funds cannot be obtained to cover the costs to fully fund construction of the Project, including future Project amendments, the School District will work with the City to obtain additional funds, or to modify the Project scope to insure that the Project can be fully funded. ------------------------ Exhibit A Resolution No. 3814 Page 2 of 4 4. To support the City's financial management of the Project, the School District will reimburse the City from Project grant funds for actual construction costs for a total amount not to exceed $70,000. Upon receipt of invoices and supporting documentation, reimbursement will occur monthly. C. MISCELLANEOUS 1. Termination. This agreement shall terminate on the date that the City receives written notification and final payment for construction costs from the School District. 2. Governina Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the parties under any of the provisions of this agreement. resolution of that dispute shall be available exclusively through the jurisdiction, venue and rules of the King County Superior Court. King County, Washington. 3. 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. 4. Severabilitv. If anyone or more sections, subsections or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portions of this agreement and the remainder shall remain in full force and effect. 5. Entire Aareement. 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. 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. 6. Indemnification. The parties will defend. indemnify and hold the other party, 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, permitting, award and construction of the Project, but only to the extent of the party's negligence or comparative fault. 7. Proiect Coordination and Dispute Resolution a. The City and the School District will designate Project Managers who will conduct the routine Project coordination. 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 decision related to the construction management of the Project, the Project Managers will attempt to narrow the issue in dispute for consideration by the City Engineer and the School District's Director of Maintenance and Operations. The City Engineer and School --------~._-_._--_._--_._--- Exhibit A Resolution No. 3814 Page 3 of 4 · ~ , District Director of Maintenance and Operations will determine if the dispute may be resolved by negotiation. If necessary, the City Engineer and School District Director of Maintenance and Operations will select an additional representative from each agencies staff to form a dispute resolution panel to resolve the dispute. Should the dispute resolution panel not be able to reach mutually satisfactory resolution, the dispute wili be resolved as described in paragraph 7.b. 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 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 will be entitled to attorney fees and costs CITY OF A <:-- ~ AUBURN-SCHOOL DISTRICT #408 /'9' 1'/é\/ /(/1 -< c/ /;/16'//, A CWú- ~ø'-....-- Linda Cowan. Superintendent ATTEST: jJ£ú0I~ Danielle E. Daskam, City Clerk ------------- Exhibit A Resolution No. 3814 Page 4 of 4