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Home My WebLink About05-21-2012 Agenda Modification cmroF �1* • Interoffice Memorandum Engineering Division � WASHINGTON To: Public Works Committee From: Dennis Dowdy, Public Works Director CC: Mayor City Clerk Councilmembers Dennis Selle Assistant Director/City Engineer Ingrid Gaub, Assistant Gity Eng'ineer Date: May 21, 2012 Re: Agenda Mod�caUon forthe May21, 2012 PubliaWorks Committee Meeting , This modification transmits the addition of the following agenda item: III. RESOLUTIONS A. Resolution No. 4827*(Dowdv) A Resolution of the City Council of the City of Au6um; Washington,Authorizing the Mayor and City Clerk to Execute an Interlocal Agreement with the City of Algona to Design and Construct the Boundary Boulevard ResurFacing Page 1 of 1 /�[J$iJ��k MORE THAN YOU IMAGINED * crtvoF �� AGENDA BILLAPPROVAL FORM WASHINGTON Aganda SubJect: Resolution No.4821 Date; May 21,2012 DepaRment; Public Works Attachmenffi: Resolution No.4821 Budget Impact: AdministratNe Recommendatlon: City Councii to adopt Resolution No.4821 Baekground Summary: The City of Algone plans to bid a corrtrad for pavement preservation this.year and intends to compiete the ch(p sealing bf Boundary Bouievard up to the Aubum City Limits. The Mayrn of Algona has offered to indude, in the scope of the Algona project,that portion of Boundary Boulevarcl wifhin the Ci4yot Aubum aty limits. City sfaff has evaluated the segmeM of sVeet,west of O Street SW,and has detertnined that it would benefit from a chip seal pavement treatment. It wouid be to Aubum's advantage to authoriie the City of PJgona to chip seal that portion of Boundary Boulevard west of the O SVeet SW intersection to the south pty limits and to reimburse the City of Ngona far its acxual contra�price. This proJect would be paid for from the Arterial Straet Preservation Fund. -Reylewed by Counelf8 Committees:�. _ RavieweA by Departments&DlWslo�:� ❑AAs Commisslon C�QUNCIL COMMIT'I'EES: ❑ Buildinp� - p M80 ❑Airport UFinance ❑ Camatery ❑ Mayor ❑ Headng Examiner ❑Municipal�,Serv. ❑ Finence� � Perks ❑ Human Services ❑Planning 8 CD aFire' ❑ Planning ❑ Park Boaid �Public Works u LagaF . �❑. Police ❑ Planning Comm. ❑ONer � � Public Works 0 Human Resources Aedon. CommltleeMC�'sl: ��`/es .�No Ccuniil Appiovel: ❑Yes� .❑NO Call Por Publk Hearinp _I_I_ �Rgferredto U�NI// � Tabbd- - - �Untll _/ / Councilmember. Wa ner Stafh Meetin Date: 21 2012 Item Numbee AjJ$[Jj� * MORE THAN YOU IMAGiNED . RESOLUTION NO. 4821 A RESOLUTION OF 7HE CIN COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMEN'F WITH THE GITY OF ALGONA TO DESIGN AND CONSTRUCT THE BOUNDARY BOULEVARD RESURFACING PROJECT WHEREAS, the Cities of Aubum and Algona share a common community interest in resurtacing Boundary Boulevard starting at the south Auburn City lim"itsand ending O Street SE intersection; and INHEREAS, the City of Aubum has requested that Aubum assume lead agency Fesponsibility for the design and construction of the Project since the majority of the project is in Algona's jurisdiction; and NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Sectlon 1. The City of Aubum recognizes that, while a portion of the project site is located in the City of Aubum, the City of Algona will be lead agency for the project on the behalf of the City ofAubum. SecUon 2. The Mayor 'is hereby authorized to execute an interlocal agreement between the Cities of Aubum and Algona and to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. ResoluGon No.4821 Nlay'17,2012 Page 1 of 2 Section 3. That this Resolution shall take effect and be in fuil force upon passage and signatures hereon. Dated and Signed this day of , 2012. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E: Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attomey Resolution No.4821 May 17, 2012 Page 2 of 2 INTERLOCAL AGREEMENT FOR DESIGN AND CONSTRUCTION OF THE BOUNDARY BOULEVARD RESURFACING PROJECT THIS AGREEMENT is entered into pursuant to RCW 39.34, the Interlocal Cooperabon Act, between the CITY OF ALGONA,a Washington municipal corporation, located and doing"business at 402 Warde Street, Atgona,Washington 98390 ("Algona"), and the Cll'Y OF AUBURN, a Washington municipal corporation, located and doing business at 25 West Main Street, Aubum, Washington 98001 ("Aubum"), together referred to as the "Parties", for the purpose of resurFacing a portion of Boundary Boulevard. RECITALS WHEREAS, the Parties have agreed to resurtace Boundary Bouievard starting at the South Aubum City limits and ending at the O Street SE intersection. WHEREAS, the City of Algona is preparing to advertise a contract to chip seal its remaining portion of Boundary Boulevard within Algona and ha§ offered to include this 1345 linear foot segment of the s#reet in ks scope of work at the contract bid price on a sguare yard basis, providing that the City of Aubum agrees to reimburse the actual cost for work performed on the portion of the street in Auburn. WHEREAS, the Project will be located within the boundaries of Aubum and Algona and will serve both jurisdictions; and WHEREAS, Algona has requested that Auburn, consider adding 4his portion of the roatlwayto Algona's 2012 contract scope so that the motoring public can benefit from a complete project. NOW,THEREFORE THE PARTIES AGREE AS FOLLOWS: AGREEMENT A. ALGONA'S RESPONSIBILITIES: 1. Algona shall assign a Project Manager ("PM") to manage the Project through advertisement, award, and consVuction 2. Algona shall work with Aubum, expeditiously and in good faith, to develop administrative procedures necessary to achieve the smooth progress of the Project. 3. Algona shall be responsible for the completion of all design and construction work for the Project including preparation of plans and specifications to City of Algona Standards for the prbject. 4. Algona shall determine and utilize its staff resources or professional services as necessary for implementation and completion of the Project. IMeAOCaI ApreemeM—CPoes of PJOona and Aubum Bountlary BoulevaN Resurfadnp Paga 1 ot 6 5. Upon completion of the project Algona shall provide the City with a copy of the contract showing tFie bid prices for chip seal work and a calculation of the amount that is due for reimbursement. B. AUBURN'S RESPONSIBILITIES: 1. Auburn shall assign a contact person to coordinate with Algona's PM during the life of the Project. 2. Auburn shall work with Algona, expeditiously and in good faith, to develop administrative procedures necessary to achieve the smooth progress of the Project. 3. Aubum hereby grar�ts Algona and its agents the right to work in Aubum's right of way fcr all phases of work, including design, environmental or o4her approvals, and construction. Algona shall ensure tliat its contractors comply with the provisions of Chapter 12.66 of.the Aubum City Code; provided, however, that no separate permit to wark in ;he right of way shall be required. Aigona shall provide Aubum at least 10 calendar days advanced notice before its contractors begin work or implemenE traffic controi measures in Auburn's right of way. Algona shall ensure that its contractors do not implement traffic control measures in Aubum's right of waywithout a traffic control plan that has been approved by Auburn. 4. Aubum shail work expeditiously to remove any encroachments in the right of way within Aubum's jurisdiction such that the Project is not delayed. 5. Aubum shall notify Algona of any committed projects that may change the scope . of the Project. Aubum shall keep Algona up to date with the status of such , projects on a monthly basis. 6. Aubum's share of the project,is estimated to be $36,990 based on an estimated price of $5:50/SQ. YD, and 6725 Square Yards of pavement to be chip sealed. Aubum shall reimburse Algona the actuai costs of that portion of wo'ic falling within Aubum's corporate City limits based upon Algona's actual contract bid price for 6,750 Sq Yd of pavement to be chip sealed. C. MISCELLANEOUS 1.Termination. Either party,may terminate this Agreement, prior to Algona's award of a construction contract; upon thirty (30) days written notice to the o4her party. Termination after Algona's award of a construction contract shall only be granted if both parties agree to the termination and all costs incurred to terminate are bom by 4he #erminating party. For the purposes hereof, the °Termination Date" shall tie the thirtieth (30'") day after receipt of the termination notice, provided thaf upon receipt of a ferrnination notice, all work on this Agreement shall cease, except as agreed to by the parties. Under no circumstances will eifher party be reimbursed for services rendered after the Termination Date. 2. ModificaUon. 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. Interbcal Apreemeirt-Cltles of Algona and Aubum � Bountlary Boubvartl Resurfedng Pege 2 of 6 3. Severabilitv. If any one or more of the sections, subsections, clauses or sentences of this qqreement islare hetd to be unconstitutional or invalid, that unconstitutionality or invalidity shall not aTfect the. validity of the remaining sections, subsections, ciauses or sentences of this agreement, and the remainder shall remain in full force and effect. 4. Entire Acreement This/\qreement and any attached exhibits hereto contain the entire agreement between the parties. Should any language in any exhibit to this Agreement conflict with any language contained in this agreemen4, 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 qgreement. 5. Indemnification. Algona shall defend, indemniTy and hold Auburn, its officers, employees, agents, and assigns harmless from any and alI claims, injuries, damages, losses or suits, including all legal costs ancl attomey fees, arising from or in connection with the design or construction of the Project, but only to the extent of Algona's negligence. or comparaHve fault Aubum shall defend, indemnify and hold Algona, its officers, employees, agents, and assigns harmless from any and all claims, injuries, damages; losses or suits, including all legal costs and attomey fees, arising from or in connection with the design or construction of the Project, but only to the extent of Aubum's negligence or comparative fault 6. Proiect Coordination. Diseute Resolution and Goveminq Law. This Agreement shall be go4emed 6y and construed in accordance with the laws of the State of Washington. ff a dispute arises from or relates to this Agreement or the tireach thereof, resolution of the dispute shall be asfollows: (a) attempted through direct discussions as follows: (1) Aubum's designated contact person and Algona's des'ignated Project ManagerShall make every effort to identify the problem(s) and resolve issues at their level to the satisfaction ofboth parties; (2) Should they fail to resolve the disputed issue, then the Algona Project Manager, in coordination with Aubum's designated contact person, shall attempt to narrow the issue in dispute for consideration by the Public Works Directors ofAuburn and Algona. The Public Works Directors shall determine if the dispute can be resolved through negotiations. (3) If they are unable to resolve the dispute; then the Public Works Directors shall each select, in addition to Algona's PM and Aubum's contact person, one additional representative from amang its employees who, together shall form a dispute resolution panel to resol4e the dispute. (4) Should the dispute resolution panel be unable to settle any difference or claim arising from the parties' perFormance of this Agreement or the b�each thereof through direct discussions, then the procedures as set forth. in the ensuing paragraph (b) shall be employed as the means for resolving the dispute. (b) The parties agree to endeavor first to settle the dispute in an amicable manner by mediation administered by a mediator under JAMS Altemative Dispute Resolution service rules or policies. The mediator may be ��nterbce�ngreemeM-croes a agoos aria a,b�,m BowMary Boulevartl ResurladnB Pege S ot 6 � selected by agreement of the parties or through JAMS. All fees and expenses for mediation shall be bome by the parties equally. However, each party sHall bear the expense of its owm counsel, experts, witnesses, and preparation.and presentation of evidence. Following mediation, or upon written agreement of the parties to waive mediation, any unresolved controversy or claim,arising from.or relating to this Agreement or breach thereof shall be resolved by filing suit exclusively under the venue, rules and jurisdiction of the Pierce County 8uperior Court, Fierce County, Washington. In any claim or lawsuit for damages arising from the parties' perFormance of 4his qgreement, each party shall pay ap ifs legal costs and attomey's fees incurred in defending or bringing such Gaim or lawsuit,: incluiiing all appea�s, im addition to any other recovery or award provided by law; provided.fiowever, nothing in this paragraph shaU be construed to limit the City's right to indemnification under Section 7 of this Agreement. 8. Written Notice. Unless notified to the contrary, all communications regarding this ConVact shall tie sentfo the parties as follows: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CITY OF ALGONA: CITY OF AUBURN: jlnsert Name of City Rep. to Receive Notice] Dennis Dowdy City of Algona City of Auburri 1104 Maple Street 25 West Main Street Algona, UVA 98390 Aubum, WA 98001 [Insert Telephone Number] (telephone) (253)931-3023 (telephone) {Insert Fax Number](facsimile) (253)931-3053 (facsimile) My wntten notice hereunder shall become effective three (3) business deys after the date of mailing by registered or certified mail, and shall be deemed sufficienUy given if serrt to the addressee at the address stated in this Contract or such other address as may tie hereafter specified imwriting. InleAOCaI Apreement—Ci�es of Algona end AuDum � � � Boundary BoulevardReaurfadnp " Pape 4 of 6 , D. AGREEMENT EXECUTION AGREED TO ON THIS DAY OF 2011. THE CITY OF ALGONA: THE CITY bF AUBURN: DAVID. Hill, MAYOR PETER B:. LEWIS, MAYOR APPROVED BY ALGONA CITY COUNCIL MOTION ON APPROVED BY AUBURN CI?Y COUNCIL MOTION ON_ . ATTEST: ATTEST: (SEAL) (SEAL) DIANA QUINN DANIELLE DASKAM ALGONA CITY CLERK AUBURN CITY CLERK APPROVED AS TO FORM:. APPROVED AS TO FORM: KARI SAND DA,NIEL B. HEID ALGONA CITY ATTORNEY AUBURN CITY ATTORNEY Intedoral Agreemenl-Citles af Alpona and Aubum �� . � � Bountlary Boulevarcl ResuAadnp Pape 6 of 6