HomeMy WebLinkAboutITEM III-ACITY OF
AGENDA BILL APPROVAL FORM
* 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 A enc A reement
Administrative Recommendation:
City Council to introduce and 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 ofnon-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 Parkin 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 200712008. In 2009, the Puget Sound Regional Council
(PSRC) 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. C507A1C507B, Auburn l
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 Interlocal Agreement, up to $40,000.
W0222-11
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0 ❑ 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 I l
Referred to Until I l Tabled Until I I
Councilmember: Wagner Staff: Dowdy
Meeting Date: February 22, 2011 Item Number:
k t + •1~
RESOLUTION N0. 4-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT N0. 1 TO THE
INTERLOCAL AGREEMENT WITH THE CITY OF PACIFIC TO
DESIGN AND CONSTRUCT PROJECT N0. 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 l 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
MAYO R
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Resolution No. 4687 February 22, 2011
Page 2
EXHIBIT "A"
AMENDMENT TO INTERLOCAL AGREEMENT
BETWEEN THE CITY OF AUBURN AND THE CITY OF PACIFIC
RELATING TO PROJECT C50lAlC50lB,
DESIGN ANDCONSTRUCTION OFTHEAUBURNIPACIFICTRAIL
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 9t"
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 of Auburn and Pacific along the west side of C St SW in Auburn, starting at
15t" St SW and ending at Ellingson Road SW, and along Skinner Road and 3rd Avenue SE to
Pacific Parkin 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 I Pacific Trail Page: 1 of 3
EXHIBIT "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
Amendments} 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 Design and Construction of the Auburn I Pacific Trail Page: 2 of 3
EXHIBIT "A"
ATTEST: ATTEST:
(SEAL) (SEAL)
JANE MONTGOMERY DANIELLE DASKUM
PACIFIC CITY CLERK AUBURN CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO FORM:
ALBERT ABUAN DANIEL B. HEID
PACIFIC CITYATTORNEY AUBURN CITY ATTORNEY
Amendment to Interlocal Agreement - Cities of Pacific and Auburn Design and Construction of the Auburn I Pacific Trail Page: 3 of 3