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Home My WebLink AboutITEM VIII-B-5 CITY OF- *N U AGENDA BILL APPROVAL FORM TR - WASHINGTON Agenda Subject:- Date: Resolution No. 4687 February 11, 2011 Department: Attachments: Resolution No. 4687. Budget Impact: Public Works and Amendment No. 1 to the $.0 Interlocal Agency Agreement Administrative Recommendations City Council adopt Resolution No. 4687. Background Summary: .In February 2007, the Cities of Auburn and Pacific entered into an Interlocal Agency Agreement for Auburn to administer two federal grants for-the construction-of non-motorized improvements along the west side of C St SW. in Auburn, starting at-15th St SW and ending at Ellingson Road SW, and along Skinner Road and 3rd Avenue SE to`Pacific Park in Pacific. Due to right-of-way issues associated with a portion of the project located in the City of Pacific, the project was split"into two projects and the portion of the project located in Auburn was constructed in 2007/2008.. In 2009, the Puget Sound Regional Council (P_SRC) approved .a scope change for the work proposed within the City,of Pacific.. Bid-documents for the project within the City of Pacific are being prepared. Construction is anticipated to, occur in the Summer of 2011. Resolution No. 4687 authorizes the Mayor and City Clerk to execute Amendment No. 1 to the Interlocal Agency Agreement with the City- of Pacific to design and construct Project No. C507A/C507B;,Auburn / Pacific 'Trail.," Amendment No. 1 addresses the anticipated funding shortfall and requires that the City of Pacific provide.the additional funding needed for. construction which exceeds-the federal grants and match amounts previously agreed to-in the original.lnterlocal Agreement, up to $40,000. W0222-11 03.14 .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 Counpilmemben- Wagner- Staff: Dowd Meeting Date: February 22, 2011 Item Number: VIII.B.5 AUBURN *MORE THAN YOU IMAGINED RESOLUTION NO. 4687 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT WITH THE CITY OF PACIFIC TO DESIGN AND CONSTRUCT PROJECT NO. C507A/C507B, AUBURN / PACIFIC TRAIL WHEREAS, the Cities of Auburn and Pacific have previously entered into an Interlocal Agreement for the design and construction of the Auburn / Pacific Trail; and WHEREAS, the City wishes to modify the agreement to identify and address the authority and responsibilities associated with any additional funding which may be required for the project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Purpose. The Mayor and City Clerk of the City of Auburn are hereby authorized to execute an amendment to the interlocal agreement between the Cities of Auburn and Pacific which shall be in substantial conformity with the amendment to the interlocal agreement, a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Resolution No. 4687 February 22, 2011 Page 1 Section 2. Implementation. The Mayor of the City of Auburn is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this resolution. Section 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 2011. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk oniel ED AS TO FO M: 24 eld, rney Resolution No. 4687 February 22, 2011 Page 2 EXHIBIT "A" AMENDMENT #1 TO 1NTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN-AND THE CITY OF PACIFIC RELATING TO-PROJECT C507A/C507B, DESIGN AND CONSTRUCTION OF THE-AUBURN / PACIFIC TRAIL 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 - 3rd Avenue SE Pacific Washington 98047 ("Pacific"), as an Amendment to the Agreement between the parties executed on the 9th day of March, 2007. RECITALS WHEREAS, Auburn and Pacific entered into an interlocal agreement to have Auburn assume lead agency responsibility for the design and construction of non-motorized facilities between the cities ofAuburn and Pacific along the west side of C St SW in Auburn, starting at 15th St SW and ending at Ellingson Road SW, and along Skinner Road and 3rd Avenue SE to Pacific Park in Pacific (the Project); and WHEREAS, Auburn used a portion of a $342,000 Federal Highway; Administration Congestion:Mitigation Air Quality ("CMAQ") grant for design and construction of the portion of the Project located,,in.Auburn, and-for design of the portion of the Project located in Pacific; and WHEREAS, the funds remaining for construction of the portion of the Project located in Pacific include the remaining portion of the $342,000 "CMAQ" grant and a $36,969 Federal Highway Administration,Surface Transportation Program Urban ("STP(U)") grant; and WHEREAS, Pacific agrees to. provide funds. as may be necessary for construction of the Project located: in Pacific which exceed the "CMAQ" and "STP(U)" grants and the required matching funds; and WHEREAS, Auburn and Pacific agreed to modify their Agreement, by amendment, to identify and-address the authority, and responsibilities associated with additional funding should additional funding be required. Amendment to Interlocal Agreement - Cities of Pacific and Auburn Design and Construction of the Auburn / Pacific Trail Page: 1 of 3 ' l EXHI IT "A" NOW, THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Auburn, shall continue to take lead agency responsibilities for the administration of the $342,000 "CMAQ" grant and the.$36 969 "STP(U)° grant for the Project. 2. Auburn shall perform final design of the portion of the Project. located, in Pacific and shall work with Pacific, expeditiously and in good faith, to involve Pacific in the final design of the Project including design reviews, permitting activity and environmental studies. 3. Section 7 of'the original Agreement is amended by adding the following: Auburn shall bill Pacific only for the actual cost associated with construction of the Project that exceeds the available grant funds and required local matching funds, not to exceed $40,000. Auburn shall provide, Pacific with one invoice after the. contractor's Final Pay Estimate has been approved. The invoice •shall include documentation of grant reimbursements and shall include a copy of the Final Pay Estimate to the contractor. A properly documented invoice shall be paid -by Pacific within sixty (60) days, of receipt by Pacific. Notice,_of any potential dispute regarding such payment request shall be made in writing within the same time period. 4. Should additional funding be required, Auburn and Pacific shall modify the Agreement, by amendment, duly signed and authorized by each party. Any subsequent Amendment(s) to the Agreement shall identify and address the authority and responsibilities associated with additional, funding. 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 DAY OF 2011. THE CITY OF PACIFIC: THE CITY OF AUBURN: RICHARD HILDRETH, MAYOR PETER B. LEWIS, MAYOR APPROVED BY PACIFIC CITY COUNCIL APPROVED BY AUBURN CITY COUNCIL Amendment.to Interlocal Agreement - Cities of Pacific and Auburn i, Design and Construction of the Auburn./ Pacific Trail Page: 2 of 3 r EXHi®IT Li /i 97 ATTEST:- ATTEST: (SEAL) (SEAL) JANE MONTGOMERY DANIELLE DASKUM PACIFIC-CITY CLERK AUBURN CITY CLERK APPROVED AS TO-FORM: APPROVED AS, TO FORM: ALBERT ABUAN A H PACIFIC CITY ATTORNEY URN CITY ATTORNEY Amendment to Interlocal Agreement - Cities, of Pacific and Auburn Page: 3 of Design and Construction, of the Auburn / Pacific Trail 3