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Home My WebLink AboutCP1119� E MUCKLE,; OT INDIAN E Phone 253 939 33111 Faz: 253 939 5311 LETTER OF TRANSMITTAL Date June 18, 2014 To City Of Auburn Auburn WA ATTN Jacob Sweeting Phone Project Name SR 164 Redevelopment RE Amendment to Agreement Protect CP1119 ❑ Copy of Contract ❑ Copy of Change Order ❑ Copy of Letter ❑ Correspondence ❑ US Mail ❑ Fax ❑ Courier ❑ Hand Delivery ® Pickup ❑ FedEx ® For your file ❑ Approved as noted ❑ Submit —copies for distribution ❑ As requested ❑ Make corrections & return ❑ Reply by ❑ For review & comment ❑ Sign & return File Copy to SR 164 Redevelopment Sent by Kim Sharp AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE MUCKLESHOOT INDIAN TRIBE AND THE CITY OF AUBURN FOR DESIGN AND CONSTRUCTION OF PROJECT NO. CPI 119, AUBURN WAY SOUTH CORRIDOR IMPROVEMENTS, FIR STREET SE TO HEMLOCK STREET SE This Amendment (the "Amendment") to the Agreement between the Muckleshoot Indian Tribe and the City of Auburn for Design and Construction of Project No. CP 1119, Auburn Way South Corridor Improvements, Fir Street to Hemlock Street SE (the "Agreement "), is made and entered into in King County, Washington, between the City of Auburn, a municipal corporation under the laws of the State of Washington, hereinafter referred to as the "City ", and the Muckleshoot Indian Tribe, a federally recognized Indian Tribe located on the Muckleshoot Indian Reservation, hereinafter referred to as the "MIT ". WITNESSETH: WHEREAS, on Auburn Way South from Dogwood Street SE to Hemlock Street SE there is a common community interest in providing new corridor improvements and the City and MIT have previously entered into an agreement regarding funding and easements for City Project No. CP 1119; and WHEREAS, power distribution poles owned by Puget Sound Energy (PSE) are in conflict with corridor improvements being constructed for City Projects No CPI 119 and No. CP 1118, which span Auburn Way South from Dogwood Street SE to Hemlock Street SE ; and WHEREAS, the City has decided to require Puget Sound Energy (PSE) to underground the conflicting distribution system, instead of allowing PSE to relocate the distribution system above ground; and WHEREAS, the City's existing grant funds and matching funds are inadequate to fund the entire scope of the projects, which includes the costs associated with the conversion to underground distribution system; and WHEREAS, in a Letter of Commitment dated May 28, 2013, MIT committed to provide $330,000 for Project No. CPI 118 and $230,000 for Project No. CPI 119, for a total additional contribution of $560,000, due to increased project costs; and NOW THEREFORE in consideration of their mutual covenants, conditions and promises, THE PARTIES HERETO DO HEREBY AGREE the Agreement is amended as follows: Agreement CP1119 Page 1 of 3 Section 1. SCOPE OF WORK: The Project includes the design, right of way acquisition, and construction of undergrounding existing overhead power distribution and communications facilities on Auburn Way South between Dogwood Street SE and Hemlock Street SE, as shown on Exhibit D Section 3. COST REIMBURSEMENT AND FUNDING: MIT agrees to contribute Five Hundred and Sixty Thousand Dollars ($560,000) due to increased project costs in addition to the original agreement amount of Six Hundred and Six Thousand Six Hundred Dollars ($606,600) for a total contribution of One Million One Hundred and Sixty Six Thousand and Six Hundred Dollars ($1,166,600). REMAINING TERMS UNCHANGED. All other provisions of the Agreement between the parties executed on the 20" day of October 2011, shall remain unchanged, and in full force and effect Agreement Amendment No 1 Page 2 of 3 IN WITNESS TO THE TERMS OF THIS AGREEMENT, the parties hereto have executed this Agreement: MUCKLESHOOT INDIAN TRIBE ChaPpErson — kluckleshcOTribal Council Date: APPROVED AS TO FORM: kI /A MIT Attbrney Date: ATTEST: Agreement Amendment No. 1 Page 3 of 3 CITY OF AUBURN APPR VED AS TO FORM: "Ibaniel B. Heid, City Attorney Date: tr/ � mil/ ATTEST: -n n�v . �l ag-I Danielle Daskam, City Clerk Date: �Q o\�-\ Exhibit D. Auburn Way South Pedestrian and Corridor Improvements Dogwood Street SE to Hemlock Street SE Mitlksimt m r------ `Utlno ___----- __------- -- - - - - -r ----- - -T------ r - - r- - -- __ __ - -- L----- - - - - -- I b i j I I I j I I �i ` - --- --- - -- -------- ` a -- - - - -- - - - - -- te- -j NN--------------------- - - - -�� NNN ,I a - -- -- - - -= = - o - ® I 1UMer8rW Ming _ T 111111 I t�mn. ,Uahry I I - -_ -- memnne she' —d Iwa.,e,aenaa,� Garden j Garden i j umlu apanmenta All—, I rM FmVloymmt i MIrr N IEGfNG �-� Bua3aW mBeea o NewMelou[eJ Maag" l[y� e: �b O Nm Traffi enal M M Y 1Al If[ns ManaRmena CUeE Ae<eas Mana.eme."l.dd j g U1— alassaa eav,owea Exhibit D: Auburn Way South Pedestrian and Corridor Improvements Dogwood Street SE to Hemlock Street SE I L Muckleshoot I Ir --------------------------- - - - - -- I-- -------- -j--------- F-- - - - - -- I - - - - -- �-- I I i �- - - -- ----- - - - - -- Casino N I ' 0 I ® I I I I I to I -- I � I 0 I p I I r a RN'WAY30ZjrH SR 164-- _____- ------------ — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - - - - - -- '�, `' - - - - -- - -- 111111 ----- - - - — -- - - -- AUBURN WAY — - - -- -— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -- — _ — - -- SOUTH SR 164 utility 1111 _ -- - ''� I 'Under roundin ------ - - - - -- g g �- I iLimits I I °" � j Utility ' - - - - -- Sherwood I I Sherwood I I i L mitsgroundin Garden I I Garden Employment AA I I Apartments Apartments I p Y ' "' I Center - - - - --I Development j--- - - - - -- / / I - �esidentil I Ne ,ighborhdod I / I CIA TYOF. _U T VYBI WASHINGTON TBG1023 1 �1023604SEA- ExD- lmprovementsPJap -v15 LEGEND (11 Bus Stop to be Removed /Relocated New /Relocated Bus Stop New Traffic Signal Access Management Curb Q Access Management Island gU -turn Access to be Provided LESyOO J °KLOo 'CBE MUCKLESHOOT INDIAN TRIBE 39015172 dvenuc. SE— Iuburii, TFashmgton 94092 A Phone 253.939.3311 /Fur' 253.9395311 LETTER OF TRANSMITTAL Date June 18, 2014 To City Of Auburn ❑ Copy of Letter ❑ Auburn WA ❑ For review & comment ATTN Jacob Sweeting Phone Project Name SR 164 Redevelopment RE Amendment to Agreement Protect CP1119 ❑ Copy of Contract ❑ Copy of Change Order ❑ Copy of Letter ❑ Correspondence For approval ❑ us Mail ❑ Fax ❑ Courier ❑ Hand Delivery ® Pickup ❑ Fed Ex Approved as submitted ❑ Resubmit copies for approval ® For your file ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Make corrections & return ❑ Reply by ❑ For review & comment ❑ Sign & return File SR 164 Redevelopment Sent by Kim Sharp Copy to tl AMENDMI N "I' NO I TO AGREEMENT BETWEEN THE MUCKLES1 -TOOT INDIAN l RIME AND TI -IL CITY OF AUBURN 17012 D17SIGN AND CONSTRUCTION OF PROJECT NO CPI 119 AUBURN WAY SOUfI -I CORRIDOR IMPROVEMENTS. FIR STRF..F.T SL TO HEMLOCI. STREET SF This Amendment (die "Amendment') to the Agreement between the Muckleshoot Indian Tribe and the City ol'Auburn for Design and Construction of Project No. CPI 119. Auburn WaN' SOUth Corridor Improvements, Fir Street to I- Icmlock Street SE. (die "Agreement'). is made and entered into in Bing County, Washington, between the City of Auburn. a municipal corporation under the laws of the State of Washington. hereinafter referred to as the 'City ", and the M tick leshoot Indian Tribc. a federall' recognized Indian Tribe located on the Muckleshoot Indian Reservation. hereinafter referred to as the "NIIT' WITNESSETII WHEREAS, on Auburn Way South from Dogwood Street SE to Hemlock Street SE there is a common community interest in providing new corridor improvements and the City and MIT have previously enlercd into an agreement regarding funding and easements for City Project No. CPI 1 19: and WHEREAS, power distribution poles owned by Puget Sound Energy (PSE) are in conflict with corridor improvements being constructed for City Projects No. CPI 1 19 and No. CPI 118. which span Auburn Way South from Dogwood Street SE to Hemlock Street SE and WHEREAS, the City has decided to require Puget Sound Energy (PSI") to uncicreround the conflicting distribution system. instead of allowim_ PSE to relocate the distribution system above ground: and WHEREAS. the City's esistin,� grant funds and matchin', funds are inadequate to fund the entire scope of the projects, which includes the costs associated with the conversion to underground distribution system, and WHEREAS, in a Letter of Commitment dated May 28. 2013 MIT committed to provide $330.000 for Project No. CP I 118 and $230.000 for Project No. CP I 119 for a total additional contribution of $560,000. due to increased project costs, and NOW I'IIEREFORE in consideration of their mutual covenants, conditions and promises. THE, PARTIES HERETO DO HEREBY AGREE the Agreement is amended as follows: Agreement CP1119 Page I of 3 Section 1 SCOPE OF WORK. The Project includes the design, right of way acquisition, and construction of undergrounding existing overhead power distribution and communications facilities on Auburn Way South between Dogwood Street SE and Hemlock Street SE, as shown on Exhibit D Section 3. COST REIMBURSEMENT AND FUNDING MIT agrees to contribute FiVe Hundred and Sixty Thousand Dollars ($560,000) flue to increased project costs in addition to the original agreement amount of Six Hundred and Six Thousand Six Hundred Dollars ($606,600) for a total contribution of One Million One Hundred and Sixty Six Thousand and Six Hlmdred Dollars ($1,166.600). REMAINING TERMS UNCHANGED All other provisions of the Agreement between the parties executed on the 20`h day of October 2011, shall remain unchanged, and in full force and effect. Agreement Amendment No 1 Page 2 of IN WITNESS TO THE TERMS OF THIS AGREEMENT the parties hereto have cxeCLlted this Agreement: MUCKLESHOOT INDIAN TRIBE Chairperson- uc Mklesh riibal Council Date: APPROVED AS'I'O FORM �f MIT Attornev Date- ATTEST Agreement Amendment No 1 Page 3 of") CITY OF AUBURN APPR VED AS TO FORM anicl B Ilcid, Cite Attornc� Date- Cv/ � ?J a °0-\ ATTEST Danielle Daskam, City Clerk Date 6 /vclQo\�-\ rnoa:x,l�om `ca5�r�o 18 3 Exhibit D: Auburn Way South Pedestrian and Corridor Improvements Dogwood Street SE to Hemlock Street SE - __ ----- _------- _— _— _ ------- --� I I I I„ 1= -- - -- - --- -- - - - - -- - - - - -- y -- �_ —r -- -- -- -- -- - -- --- _ GSUn'gr000dioe r pGrc ��JS - -_ - - -_ vna E��Pro,i��e��, AlSrrmenr5 -J De,xm�mer F/ r unwv D�d<r Gmi.S LEGEND Q?t Bus -mp mee Femov <dleeloca�ed ® NewMelou'<.10us Stop e A N<w ira1G<.,Bnal , 'mine J n<a<e. r.a ,.e<m <n,<�rd c A,c— w,aa<m<m maid C� ur�r....... t,. pr,v,d<d AUBURN unwv D�d<r Gmi.S Myof AuBU]f�N WASHINGTON TSG10231543604SEn_Exn ImpFc e,,At A'ao_v15 Bus Stop to be Removed /Relocated New /Relocated Bus Stop New Traffic Signal Access Management Curb Access Management Island U -turn Access to be Provided I I r I �Muckleshoot Casino ----------------- --- o I Ss I � w ' I I I (a r RSV T^/AY30U,.,a.. 1111111. _ __�_ ��"� ti1z _ — — - -- AUBURN WAY�SOUTH ISR 1641 0 - �Utility _ _ _ ______ - - __ ___ 'Undergrou nC _` IIIIIIII .+=s. �� e`• "'-�` -�:xV .: -rJ." rLimits Sherwood �`, ® Utility I �Undergroundin� I Garden i Limits I Apartments I I MI J Develo ment I I 1 I I L - — - — - — - � esident I - Nefghborh 'od I Myof AuBU]f�N WASHINGTON TSG10231543604SEn_Exn ImpFc e,,At A'ao_v15 Bus Stop to be Removed /Relocated New /Relocated Bus Stop New Traffic Signal Access Management Curb Access Management Island U -turn Access to be Provided