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HomeMy WebLinkAbout5.384 Original Contract ,t Filed at the Request of: City of Port Angeles City Clerk's Office P. O. Box 1150 Port Angeles, W A 98362 2005 1164633 Clallam County Interlocal Agreement City Clerk File No.: 5: 3g~ filED FORI/E.CO?:; ~,{ 'l'!I" :'. ',ut' , ,1F_ {J AG~ ~~, M'ECOf(o{.c-j~;";(" ~~~- ';' -, ~~..~-_..._- , ,.... J ~ j,t ~:.t.~f1 t.!) 20U5 SEP -9 AN 9: 27 (g) ~ement between the City of Port Angeles and "l>ov:t ~ Q oIL~.s tD.~ {~il ~ pnrpose:^~'~~u1fi-moM*~dh.~;;" ~ 1>M ~5 _ Dated~fh 1/~/Cjs ~ 5.381 :- ,. : ~ INTERLOCAL AGREEMENT MULTI-MODAL TRANSPORTATION CENTER PROJECT r This agreement is executed by and between the City of Port Angeles ("City"), the Port of Port Angeles ("Port"), and Clallam County Transit System C'Bus") (hereinafter jointly referred to as "the parties") for the facilitation of economic development, pre- design, design and construction of a joint multi-modal transportation center in downtown Port Angeles (herein after a~ferred to the" roje t"). The parties make and enter into this Interlocal Agreement ("Agreement") effective the J ~ day of , 1995, 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 economic development and improved traffic safety and efficiency; and WHEREAS, the City of Port Angeles has received a grant of $90,000 from the Transportation Improvement Board (TIB) to assist in the pre-design for the project; and WHEREAS, the City of Port Angeles, through Clallam County, has received a grant of $60,000 from the United States Forest Service for the proposed Multi-Modal Transportation Center to help the parties meet growing transportation, business and development needs, and to help facilitate diversification of the regional economy from timber resource dependency toward expanded tourism and commerce activities; and WHEREAS, the Parties have contributed or committed matching funds and in-kind services to obtain these grants; and WHEREAS, the funding program ofthe Transportation Improvement Board encourages multi-agency projects, and the City's grant application included and was rated by the Transportation Improvement Board based upon participation by the parties to this Agreement; and WHEREAS, the funding for the U.S. Forest Service Grant was based upon multi-agency cooperation and funding support; and WHEREAS, the City is willing and qualified to manage the pre-design, design, right-of-way, and construction phases of the project; and WHEREAS, the parties are authorized and empowered to enter into this Agreement pursuant to Chapter 39.34 RCW. AGREEMENTS NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: 1. AUTHORITY AND RESPONSIBILITY OF THE CITY: The Bus and the Port hereby designate the City as the lead agency for the project. The City shall have the authority to act on behalf of the Bus and the Port provided that the final decisions regarding pre-design, design, environmental review, right-of-way acquisition, construction, and project management be made by consensus ofthe parties. The parties agree to the use and spirit of a collaborative and cooperative decision making process throughout the project period. By so doing, the Bus and Port are not waiving any rights they may have as landowners or occupiers or as operators of transportation systems affected by the project in the course of permitting or construction thereof. 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. PROJECT MANAGEMENT: The City agrees to manage the various phases of the Project in accordance with acceptable management practices and consistent with the appropriate sections of the "Local Agency Guidelines", developed by the Washington State Department of Transportation for the administration of highway improvement projects. 3. PROJECT DESIGN: The design of the Project shall be consistent with current state design standards and the Port Angeles Comprehensive Plan. The parties shall formally approve the project at the completion of pre-design, preliminary design, value engineering, and final design. 4. COST - SHARING CONTRIBUTIONS: The parties agree to share all project costs and to participate in the project costs in accordance with the following TABLE 1: 1 f , ,'" .. . U.s. FOREST SERVICE GRANT rln-kind Matchl: TIB GRANT rCASH MATCH1: City $3,000 City $15,000 Bus $1,200 Bus $15,000 Port $1,200 Port $15,000 PADA $ 600 PADA $5,000 Victoria Express $5,000 Chamber of Commerce $5,000 TOTALS $6,000 TOTALS $60,000 TABLE 1 5. PROJECT COST: The following is the estimated project cost: PRE-DESIGN PHASE U.S. FOREST SERVICE GRANT $ 60,000 U.S. FOREST SERVICE In-Kind MATCH $ 6,000 TIB GRANT $ 90,000 TIB Match $ 60.000 TOTALS $216,000 DESIGN PHASE RIGHT OF WAY CONSTRUCTION PHASE $ 350,000 $1,200,000 $7,400,000 Based upon TIA application. Based upon TIA application. Based upon TIA application. A revised estimated total project cost will be developed upon completion of the pre-design. The estimate and cost-sharing contributions for the project will be established in a subsequent addendum to this agreement. Any agreement between the Parties for contributions beyond those listed in Table 1 for this project will be negotiated. Participation of the Parties in the study phase of this project does not automatically commit the Parties to any further participation. 6. FORM OF PAYMENT: The method(s) of providing for the above local funds from each of the parties may be in the form of in-kind labor, new right-of-way property donation, or other consideration; provided that the form and amount of such in-kind, donated, or other consideration shall be agreed upon by all parties in writing. Each agency/organization shall keep accurate records of any and all in-kind services that are provided as match and furnish such records to the City upon request. 7. METHOD OF PAYMENT: The City agrees to manage the project finances through its accounting system. Project costs shall be billed to the parties on a quarterly basis, less in-kind and donation contributions. 8. PROJECT COORDINATION [steering Committee]: The City Council shall appoint a Steering Committee, which is titled the Downtown Forward Advisory Committee to gather input and recommend solutions to the various parties. The Downtown Forward Advisory Committee main goal will be to coordinate community involvement and consensus building related to the re-investment and development of public and private infrastructure, which includes the Multi-Modal Transportation Center, in the Central Business District (CBD), and other related matters within the downtown area as the City Council may deem appropriate. Duties: The duties of the committee will in general be: A. To advise and make recommendations to the City Council on all matters relating to public construction projects in the CBD which at this point include the Multi-Modal Transportation Center and Downtown watermain and sidewalk replacement projects; B. To develop community objectives for the revitalization of the downtown core in accordance with the Port Angeles Comprehensive Plan and City Council Goals and Objectives; C. To hold public meetings from time to time to solicit public input toward, and increase public understanding of, downtown revitalization planning and project implementation; D. To cooperate with and advise the Public Works Department in development and implementation of CDB public projects. Each party shall appoint their respective representative to the Steering Committee and the City Council will appoint the At-Large members from applications submitted from the community. 2 ! " '. " , '" ,'. .,. . - Membership: J .J. City Council Member ( 2. Clallam Transit Commissioner 3. Port of Port Angeles Commissioner 4. Port Angeles Downtown Association Representative 5. Port Angeles Chamber of Commerce Representative 6. Port Angeles Business Association Representative 7. Victoria Rapid Transit Representative 8. Blackball Transport Representative 9. Citizen at Large #1 - Appointed by City Council 10. Citizen at Large #2 - Appointed by City Council 11. Citizen at Large #3 - Appointed by City Council 12. Citizen at Large #4 - Appointed by City Council 13. Citizen at Large #5 - Appointed by City Council 14. Citizen at Large #6 - Appointed by City Council 15. Citizen at Large #7 - Appointed by City Council 16. Ex-officio member - City Manager 17. Ex-officio member - Public Works Director 18. Ex-officio member - PADA Executive Director 19. Ex-officio member - PA Chamber of Commerce Exec.Dir. 20. Ex-officio member - Public Works Contr./Proj. Admin. 21. Ex-officio member - Transit Executive Director 22. Ex-officio member - Port Executive Director 9. PROJECT ADMINISTRATOR AND EXECUTIVE COMMITTEE: The project administrator will be the City's Director of Public Works, who shall be authorized to request all grant funds and submit payment requests to the parties. The project administrator shall be a non-voting chairman of an executive committee made of the City Manager, Port Executive Director, Transit Executive Director, Victoria Rapid Transit Owner and other funding agencies and/or businesses. The Executive Committee should meet monthly to go over project status with regard to project schedule and funding considerations. The Executive Committee, together with an elected official of each of the three Parties, will also make a recommendation to the City Council regarding the selection of the consultant which will assist in the Project. 10. PROJECT OWNERSHIP AND MAINTENANCE: The Project shall be owned and maintained by the City. Separate maintenance agreements may be executed by the parties at the conclusion of construction of the project. 11. INDEMNIFICATION: The City shall indemnify the Bus and the Port against and hold them harmless from any claim, damages or lawsuits that may result from the City's action pertaining to pre-design, design, environmental review, right-of-way acquisition, constructuion, and management of the project. 12. DURATION OF AGREEMENT: This agreement, unless otherwise amended, shall remain in effect until the completion of the project, which shall be the final acceptance of construction work of the Transportation Center by the City Council. 13. AMENDMENTS OR MODIFICATIONS: No amendment to this Agreement shall be effective unless approved and executed by the parties in writing. Whereby, the parties have executed this Agreement in triplicate by the subjoined signatures of their duly authorized officials. CITY OF PORT ANGELES ATTEST: APPROVED AS TO FORM: APPROVED AS TO FORM: ~o utson, City Attorney Disk C \WP\WP60DATA\MUL TIMOD\AGREEMT 795 File' 93-21 3 ISSION c:z:;~ Steven Oliver, Attorney for the Commission