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HomeMy WebLinkAbout1996-09-16 - Canyon A Project Agreement - Interlocal Agreements General - Canyon A ImprovementsEiTERLOCAL AGREEMENT between CITY OF EAST WENATCHEE AND DOUGLAS COUNTY This Interlocal Agreement (the "Agreement") is entered into this date by and between the City of East Wenatchee (the "City") and Douglas County (the "County"), collectively referred to as the Parties. Whereas, the Parties are public agencies, as defined in RCW 39.34.020, who wish to enter into this Agreement pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, and Whereas, mutual cooperation in the planning, design, funding and construction of drainage improvements for Canyon "A" and the remainder of the Greater East Wenatchee urban area will produce significant benefits to residents of both the incorporated and unincorporated area, and Whereas, a cooperative effort undertaken by the Parties to address drainage problems will enhance the potential of securing funding for construction, and Whereas, construction of drainage improvements will benefit existing residential development and public facilities, as well as enhance the potential to expand the commercial core of the community, and Whereas, joint development of a program for community involvement will assist in identifying the most appropriate alternatives, priorities and acceptable method to fund design and construction costs and long-term maintenance and operation obligations, NOW THEREFORE BE IT RESOLVED, the City and the County agree as follows: 1. ORGANIZATION 1.1 "Staff' as used in this Agreement shall include the following four individuals: (a) County Engineer, (b) County Research & Development Coordinator, (c) City Planner, and (d) City Street Superintendent. 1.2 One County Commissioner and one County Staff -member designated by the County, and one City Collncilmember and one City Staff -member designated by the City will serve as a "Management Group." 1.3 Staff shall work with the consultant and jointly develop and recommend to the Management Group the scope of work, estimate of cost and draft contract Interlocal Agreement: E. Wenatchee/Douglas County PAF4.5560.1 AGR.9070.001051 iC—ci-/6 documents. All soil testing, surveying, and other recommended activities will be outlined in the scope of work or authorized on an as -needed basis by the Management Group. The Management Group shall review and recommend the scope of work, estimate of costs and the draft contract documents. The Management Group shall work closely with the consultant and direct the consultant's activities in accordance with the agreed upon scope of work. 1.4 The County will execute a contract with the consultant. The contract shall set forth the scope of work and estimated cost recommended by the Management Group. All modifications to the contract, including changes to the scope of work, must be reviewed by the Management Group prior to the County and the consultant entering any amendments or modifications of the contract. 2. SELECTION OF FINANCING FOR ALL DRAINAGE BASINS 2.1 The Staff and consultant shall identify the most likely funding options for the design and construction phases of the Canyon "A" Project, make a recommendation for the timing of the Canyon "A" Project in light of existing funding cycles for grants and/or loans, and a recommendation for a cost sharing scenario for all urban drainage projects. 2.2 The City and the County will continue to work jointly on the pre -design phase of the Canyon "A" Project with the understanding that both Parties will pursue the creation of a joint stormwater utility or other alternate financing method to encompass all urban area drainage projects. The Management Group shall recommend for approval by the City and County the means to finance all urban area drainage projects. 2.3 If a stormwater utility or other alternately financed method is not operational for all urban area drainage projects when the pre -design phase for Canyon "A" is completed, then the Parties will consider applying for a Public Works Trust Fund (PWTF) to cover the cost of design and construction of the Canyon "A" Project. The County will serve as lead agency for a PWTF construction application associated with the Canyon "A" Project. Notwithstanding the foregoing, if the Parties elect to proceed with the design and construction of the Canyon "A" Project, the obligations and responsibilities of the City and County will be the subject of a separate Interlocal Agreement. If a PWTF grant/loan is contemplated for Canyon "A", the intent of the Parties is to transfer grant/loan obligations to the stormwater utility or other financing method upon its formation or creation and acceptance by the City and County. Interlocal Agreement: E. Wenatchee/Dou�_las County PAF45560. I AG R ID070.001051 -2 - 3. CANYON "A" PROJECT 3.1 The Canyon "A" Project (the "Project") is intended to be addressed by way of three specific and separate phases: Pre -Design-- phase I Design --phase II Construction --phase III 3.2 It is the intent of this Interlocal Agreement to address only phase I (i.e. the pre -design portion) of the Project. Phase I will include the following tasks: update essential background information, reexamination of existing alternatives, establishing cost estimates and priorities developed in the Comprehensive Flood Hazard Management Plan, identification of a funding source, and the identification and selection of a site specific channel corridor based on cost effectiveness, disruption to existing improvements and other agreed upon factors. 3.3 A supplemental agreement may be entered by the City and County to address the working relationship between the City and County during the design (phase II) and construction (phase III) phases. 3.4 In the event that the examination of alternatives identifies the "Kentucky Street" option, or any other option that removes the flows from their historic corridor, as the most effective way to accommodate flows from the upper portion of the drainage to the Columbia River, the scope of work will direct the consultant to identify the most appropriate solution for that portion of the basin from Kentucky Street, west to the Columbia River. �Mell ►l 4.1 The City and the County will each pay an equal share of the costs incurred with the consultant pursuant to this Agreement; provided that in no event shall the amount paid by either party exceed $20,000, without specific written approval from its legislative authority. 4.2 The City will receive copies of the consultant's monthly statement and be billed on a monthly basis for its share of consultant costs. 4.3 The County shall be responsible for administering the contract with the consultant, including processing and paying invoices and billing the City for its share of costs. Invoices submitted to the City, subject to the limitation in section 4.1, shall be paid within 20 days of the receipt of the invoice by the City. Interlocal Agreement: E. Wenatchee/Douglas County PAF45560.1 AG RM70.001051 - 3 - 5. DISSEMINATION OF INFORMATION 5.1 All work product, data, and deliverables of the consultant as defined in the scope of the work, such as correspondence, memoranda, documents, engineering data, electronic files and mapping will be copied to the staff of both the City and the County and be made available for review and examination by all City and County staff. 5.2 To aid in the successful completion of the pre -design phase of the Canyon "A" Project, the City and the- County will provide any information, files or data generated by KCM and Columbia Engineering during the preparation of the Comprehensive Flood Hazard Management Plan or associated projects. 5.3 The Management Group will provide monthly progress reports to City and County elected officials until this Interlocal Agreement is terminated. 6. COMMUNITY INVOLVEMENT 6.1 The City and County will jointly develop a community involvement process to consider alternative alignments of the Canyon "A" Project and the most appropriate long-term funding option for constriction and on -going operation and maintenance costs of all urban area drainage projects. In addition, the community involvement process will be used to identify and resolve potential environmental and economic impacts associated with all urban area drainage projects. 7. TERMINATION 7.1 Prior to any agreement to proceed with the design or construction phases of the Canyon "A" Project, the parties shall work together to resolve issues related to financing of all urban area drainage projects, including issues related to individual and collective indebtedness. If an agreement on the financing method is not reached within a reasonable amount of time after the completion of the pre -design phase for the Canyon "A" Project the Parties are under no obligation to continue with the Canyon "A" Project and either party may immediately terminate this Agreement by providing written notice to the other party. 7.2 Except as provided in Section 7.1, either party may terminate this Agreement upon 30 days advance written notice to the other party and to the consultant. 7.3 Upon cancellation of this Agreement by either party, all costs, fees and expenses ("Costs") incurred by the consultant (including those incurred but not yet billed) prior to the receipt by one Party of the other Party's notice of termination (the "Notice") shall be shared equally by the Parties, subject to the limitations of Section 4.1. In no Interlocal Agreement: E. Wenatchee/Douglas County PAF45560. I AG RM70.001051 -4 - event shall the City be responsible for Costs of the Consultant incurred after the receipt of by one Party of the other Party's Notice. However, the Parties agree to share equally in Costs incurred after the date of the Notice, if said Costs are incidental and directly related to work performed prior to the date of the Notice, and said Costs are specifically, approved by the Management Group. CITY OF EAST WENATCHEE MayorDawn Collings Attest: — Attest: Interlocal Agreement: E. Wenatchee/Douglas County PAF45560.I nGR,10070.001051 -5-