HomeMy WebLinkAbout5.471 Original Contract
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Filed at the Request of:
City of Port Angeles
City Clerk's Office
P. O. Box 1150
Port Angeles, W A 98362
11111111111111111
2005 1163930 Clallam
County
Interlocal Agreement
City Clerk File No.: s: t/1 J
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Agreement between the C~ty of Port Angeles and -'l.r.lJ.~ 1~'" folf-~
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Interlocal Agreement
Port Angeles International Gateway Transportation Center
This Agreement is entered into by and between the City of Port Angeles (City), Clallam Transit
System (CTS), and the Port Angeles Downtown Association (PADA) (herein jointly referred to
as the "the Parties") to facilitate development of the Port Angeles International Gateway
Transportation Center (here!n referred to as the "Project"). This Agreement shall cover the
scope, site location, historical building inventory of downtown Port Angeles, preliminary
engineering, cost estimate, environmental assessment, final design, nght-of-way acquisition,
and construction portlons.;}f the PA;t develgpment. The parties make and enter into this
Agreement effective the ~ day of 'f:s-t/s'r~ ~ ,1998, for the purposes and under the terms
contained herein.
Recitals
Whereas, the parties recognize the need to provide a transportation center to Improve the
coordination of multiple modes or methods of transportation thereby providing for Improved
2ccess to public transportation, economic development, improved traffic safety and effiCiency;
and
Whereas, the City has received a grant of $1.5 million from the Transportation Improvement
Board (TIB) to assist in the development of the ProJect, and
Whereas, the City has received an earmarking for two grants of $1.0 million each from the
United States Department of Transportation's Federal Transportation Administration (USDOT-
FTA.) to 2SSlSt in the development of tne Project, and may receive an additional $1.5 million.
Whereas, the parties have not at the time of execution of this agreement committed to trle
making of the local match necessary for the grants, and
Whereas, the parties agree that they will consider appropriate methods for making such match
when it becomes necessary, but do not commit to or guarantee that they Will or can make any
necessary local match;
Whereas, both grants were awarded based on multi-agency cooperation; and
Whereas, the Parties are Willing and qualified to jointly manage the development of thiS Project;
and
Whereas, the Parties are authorized and empowered to enter Into this Agreement pursuant to
Chapter 39 34 RCW.
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Jnter!ocal Agreement
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Agreements
Now, therefore, in consideration of the mutual promises and covenants contained herein, the
parties hereby agree as follows'
1 RESPONSIB!L1TY AND AUTHORITY OF THE CITY: CTS hereby designates the City as
the lead agency for tile TIB funding of the Project. The City shall have the authonty to act
on behalf of CTS provided that the final decisions regarding planning, site location,
preliminary engineenng, cost estimates, environmental assessment, right-of-way acquisition,
final design, and construction are made by consensus of the parties. The Parties agree to
the use and spirit of a collaborative and cooperative decision making process throughout the
project period. By so doing, CTS is not waiving any rights It may have as a landowner, an
occupier or an operator of transportation systems affected by the project in the course of
permitting or construction of the Project. The City agrees to consider the needs and desires
of the other parties to this agreement in making decisions with regard to the delegated
responsibilities.
2. RESPONSIBILITY' AND AUTHORITY OF CTS' The City hereby designates CTS as the
lead agency for the USDOT -FT A funding of the Project. CTS shall have the authority to act
on behalf of the City provided that the final decisions regarding planning, site location,
preliminary engineering, cost estimates, environmental assessment, right-of-way acquisition,
final design, and construction are made by consensus of the parties The Parties agree to
the use and spirit of 3 collaborative and cooperative decision making process throughout the
project penod By so doing, the City is not waiving any rights it may have as a landowner,
an occupier or an operator of transportation systems affected by the project in the course of
permitting or construction thereof. CTS agrees to consider the needs and desires of the
other parties to this agreement in making decisions with regard to the delegated
responsibilities.
3. RESPONSIBILITY AND AUTHORITY OF THE PADA: The PADA shall appoint two
members to the review committee In carrying out the duties of the review committee as
defined in Section 9, the Parties agree to the use and spirit of a collaborative and
cooperative dedsion making process throughout the project period.
4. PROJECT MANAGEMENT: The Parties agree to manage the various phases of the Project
to accommodate the procedures consistent with appropriate sections of the "Local Agency
GUidelines" developed by the Washington State Department of Transportation for the
administration of highway Improvement projects, and the procedures consistent with the
appropnate sections of the "Project and Construction Management Guidelines 1996 Update"
developed by the USDOT-rTA. If there is a conflict between the two aforementioned
documents the Parties will consult with the ho\lo granting agencies to resolve the conflict.
5 PROJECT DESIGN. The design of the Project shall be consistent with current TIB and
USDOT-FTA design standards and the Parties Comprehensive Plans. The Parties shall
formally approve the project at the completion of the pre-engineering, preliminary design,
value engineering, and final design stages
6 COST-SHARING CONTR!BUTIONS: The parties agree to share all project costs and to
partiCipate in the project costs in accordance with the following estimates:
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II1,terlocal Agreement
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SOURCES OF FUNDING
Committed:
USDOT-FTA Section 5309
TIB
City of Port Angeles Public Works
Trust Fund
Pending:
USDOT-FTA Section 5309
Total
52,000,000
51,500,000
$1,900,000
51 500.000
56,900,000
7. PROJECT COST: The following is the estimated project cost"
Total FTA TIB City of
Port Anaeles
Water main and Sidewalk
reconstruction $1,900,000 $1,900,000
Engineering and Design $ 750,000 $ 600,000 $ 150,000
Right-of-way acquisition $1,000,000 $ 800 000 5 200,000
Construction $3.250.000 $2.100.000 51.150.000
Total $6,900,000 $3,500000 $1,500,000 $1,900,000
A revised estimated total project cost will be developed upon completion of the design. If
adc:itlonal funds are needed both parties agree to attempt to obtain more grant funding from
available sources. In no case is either party obligated to provide funds beyond the terms of
thiS agreement.
8 FORM OF PAYMENT:
8 1 The parties have not agreed to the source of the local match for the grants described in
this agreement. Either party may make a necessary local match in a form that IS
acceptable to the granting authority, which forms are assumed to include in-kind labor
or services, previous construction, or right-of-way property donation. If possible,
portions of the different grants themselves will be used as matching funds.
8 2 Neither party guarantees, by execution of this agreement, to make any contribution
towards any required local match. The decision of whether to contribute to the local
match will be made by each of the parties at the time of the requirements for the
pledging of such local match. Each party reserves the right to make a deCISion of
whether to contribute to such local match based upon its abilities, budgets, and best
Interests as determined by the legislative authority of each party
8 3 The parties agree that contributions to the local match shall be memorialized between
them by amendment to this agreement.
8 4 The parties also agree, whether or not either makes a local match, that each Will
facilitate the making, by any party, of a local match sufficient to satisfy the funding and
contractual responsibilities of any grant received for the project, and Will execute any
documents necessary to make such local match contribution available to satisfy the
grant conditions.
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In,terlocal Agreement
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9 METHOD OF PAYMENT CTS agrees to manage the project using its accounting system
and collect the financIal data in the format to meet the needs for reporting to both the TIB
and the USDOT-FT A. CTS agrees to prOVide the City with the necessary financial data for
reporting and billing purposes. CTS agrees to bill the City at least quarterly and provide
Information when available as needed
10. REVIEW COMMITTEE. A committee shall be appointed to review the progress of the
Project; advise and make recommendations on design, functions and scope of the Project;
and to hold public meetings to solicit public input and increase public awareness and
understanding of the project. The committee shail be made up of two representatives from
the PADA; two elected officials from the City and one staff person; two elected officials from
CTS and one staff person. The committee shall elect a chairman.
The Project Managers shall be the City Engineer and CTS Manager of Administration and
Finance, and shall serve as co-managers and as ex-officio members of the committee.
11. PROJECT OWNERSHIP AND MAINTENANCE: At the time final design is completed and
prior to authorization for construction bidding, the parties shall negotiate an operating
agreement which will detail the responsibilities of the parties in operating the facility,
maintaining the facility, leasing the facility, collecting and accounting for funds, ownership of
the facility, and architectural con~rol of the facility.
12. INDEMNIFICATION:
A The City agrees to defend, indemnify and hold harmless CTS and Its appointed and
elected officers and employees from and against any and all liability, loss, cost,
damage, and expenses, including costs and attorney's fees in defense thereof, because
of actions, c1a!ms or lawsuits for damages because of personal or bodily injury,
Including death at any time resulting therefrom, sustained or alleged to have been
sustained by any person or persons, and on account of damage to property, including
loss of use thereof, asserted or arising or alleged to have arisen directly or indirectly out
of or In consequence of the City or its employees' performance of this Agreement or the
negligence or Willful acts of the City or its employees.
B CTS agrees to defend, Indemnify and hold harmless the City and its appointed and
elected officers and employees from and against any and all lIabiiity, loss, cost,
damage, and expenses, including costs and attorney fees in defense thereof, because
of aCtiOns, cla!rr.s or lawsuits for damages because of persona! or bodily injury,
including death at any time resulting therefrom, sustained or alleged to have been
sustained by any person or persons, and on account of damage to property, including
loss of use thereof, asserted or arising or alleged to have arisen directly or indirectly out
of or in consequence of CTS or its employees' performance of this Agreement or the
negligence or willfui acts of CTS or its employees
13 DURATION OF AGREEMENT. This Agreement, unless otherwise amended, shall remain
In effect until the completion of the Project, which shall be final acceptance of construction,
plus the settlement of all claims by the City and CTS.
14. AMENDMENTS OR MODIFICATIONS: No amendment to this Agreement shall be
effective unless approved and executed by the Parties In writing.
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Yrrerlocal Aare6ment
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IN WITNESS WHEREOF, the parties have executed this Agreement in triplicate by the
subjoined signatures cf their duly authorized officials
CLALLAM TRANSIT SYSTEM
CITY OF PORT ANGELES
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PORT ANGELES DOWNTOWN
ASSOCIA TION
BY~
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October 9,2003
Gary Kenwt1h
City of Po An les
PO Box 1 5
Port Angeles, WA 98362
Dear Gary:
Enclosed for your file is a fully executed copy of Amendment No.1 to our Interlocal
Agreement.
Regards,
J~
Sandie Barnhart
Administrative Services Manager
Encs.
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Amendment No.1
Interlocal Agreement
Port Angeles International Gateway Transportation Center
This Amendment is made this~ay of September, 2003, to that certain Interlocal Agreement
dated August 17, 1998, between Clallam Transit System (CTS), the City of Port Angeles (City), and
the Port Angeles Downtown Association (P ADA).
For and in consideration of:
Section 1.
Section 10 of the above-referenced Interlocal Agreement is hereby amended to read as follows:
A committee shall be appointed to review the progress of the Project; advise and make
recommendations on design, functions and scope of the Project; and to hold public meetings to
solicit public input and increase the public awareness and understanding of the Project. The
committee shall be made up of two representatives from the P ADA; two elected officials from the
City; two elected officials from CTS; and two individuals representing the ferry services operating
from Port Angeles, Washington, to Victoria, British Columbia, Canada.
Section 2.
In all other respects the Interlocal Agreement of August 17, 1998, is ratified and affirmed.
CLALLAM TRANSIT SYSTEM
CITY OF PORT ANGELES
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PORT ANGELES DOWNTOWN
ASSOCIA nON
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