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ORDINANCE NO. 4 8 3 4_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING TRANSPORTATION IMPROVEMENT BOARD
PEDESTRIAN FACILITY PROGRAM GRANT FUNDS WITH LOCAL MATCHING
FUNDS AS PROVIDED IN THE CONTRACT BETWEEN KING COUNTY
DEPARTMENT OF TRANSPORTATION, TRANSIT DIVISION AND THE CITY OF
AUBURN FOR DESIGN AND CONSTRUCTION OF BUS ZONE ACCESSIBILITY
IMPROVEMENTS.
WHEREAS,
buses in its
King County; and
WHEREAS, not all bus zones
for persons who use wheelchairs;
WHEREAS METRO has entered
King County METRO operates wheelchair accessible
provision of public transportation services in
in King County are accessible
and
into Agreement 4S-540(001)-1
with the Washington State Transportation Improvement
the purpose of receiving grant funds to be used,
the construction of accessibility improvements
zones as shall be mutually agreed upon; and
WHEREAS, the City Council of the City of
adopt and approve all appropriations by Ordinance
Chapter 35A.33 RCW; and
THE CITY COUNCIL OF THE CITY OF AUBURN,
ORDAIN AS FOLLOWS:
~ Pursuant
Board for
in part, for
at such bus
Auburn must
pursuant to
WASHINGTON, DO
Council hereby approves the
to Chapter 35A.33 RCW, the City
expenditure and appropriation of a
Ordinance No. 4834
February 21, 1996
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Central Puget Sound Public Transportation Account (CPSPTA)
Grant from the Transportation Improvement Board Pedestrian
Facility Program Fund in the amount of $60,900.00 with
matchin9 funds from METRO in the amount of $19,400.00 and
local matchin9 funds of $9,700.00 from the 102 Gas Tax Fund
and authorizes the Mayor to execute a Contract between Kin9
County Department of Transportation, Transit Division (METRO)
and the City approvin9 said Contract, a copy of which is
attached hereto as Exhibit 'A" and is incorporated herein by
reference.
~ The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
~ This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
C~LES A' BbOTH ~YOR
Ordinance No. 4834
February 21, 1996
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Mic~hae~lds,
City Attorney
Published: ~ -/~- 9~
Ordinance No. 4834
February 21, 1996
Page 3
ORIGINAL
CONTRACT BETWEEN KING COUNTY
DEPARTMENT OF TRANSPORTATION, TRANSIT DMSION
AND
THE CITY OF AUBURN
FOR
DESIGN AND CONSTRUCTION OF
BUS ZONE ACCESS][BILITY ]~VIPROVENIENTS
and between K/rig County Department of Transportation, Transit Division, herelnafter called "Metro,"
and the Ctty of Auburn, herexna~er called the C~ty.
WHEREAS, Metro operates wheelchair accessible buses in its provision of public
transportation services in King County; and
and
WHEREAS, not all bus zones in King County are accessible for persons who use wheelchairs;
WHEREAS, Metro has entered into Agreement 4S-540(001)-1 with the Washington State
Transportation Improvement Board for the purpose of receiving grant funds to be used, in part, for the
construction of bus zone accessibility improvements in the City's fight-of-way; and
WHEREAS, the City is responsible for the design and construction of improvements in its
fight-of-way; and
WHEREAS, Metro desires to contract with the City to use grant funds for the purpose of the
design and construction of accessibility improvements at such bus zones as shall be mutually agreed
upon.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Site Selection. Representatives from Metro and the City shall meet to review current
bus zones and identify those zones which need accessibility improvements. Such improvements may
include, but are not limited to bus landing pads, sidewalks/pathways, curb ramps, railings and
supporting structures such as retaining walls. The parties shall mutually agree in writing upon a list of
sites and improvements to be designed and constructed, along with an itemized estimate of costs for
each zone improvement, prior to commencement of any design or construction work under th/s
Agreement. The agreed upon improvements shall hereinafter be referred to as the "zone
improvements." At a minimum, both parties will select sites considering the following criteria:
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· accessibility needs, ridership, 'customer requests for improvements, level of service, cosB, and
relationship to other relevant locations such as senior centers, group homes, etc. In addition, feedback
may be received from Metro and City staff The final agreed upon list of sites and improvements will be
approved by the Supervisor of Metro Service Planning and the appropriate City contact.
2. Desi~ of Improvements The City shall perform all necessary admin/strative, design,
engineering, and estimating work related to the zone improvements. Upon acceptance, the City shall
be solely responsible for the final products of such work· The City shall not proceed with any
demolition, removal, production, construction, repair, or other work necessary to install the zone
improvements (hereinafter, "construction work") without receipt of a written notice to proceed fi-om
the Metro project manager.
3. Construction Work. The City shall contract for the performance of all construction
work necessary to install the zone improvements. Metro shall have the right to review any
procurement documents prepared by the City for the purpose of procuring a contract prior to the
publication or release of such procurement documents· The City shall not enter into a contract for the
performance of any of its responsibilities under this Agreement without the prior written approval of
Metro, but such approval shall not relieve the City of its responsibility for the work under the contract·
The City shall deliver copies of all contracts to Metro withn fitieen (15) days of their execution·
4. Contract Administration. The City shall be responsible for the adrrfinistration of any
contracts it enters into for the performance of its responsibilities under this Agreement. The City shall
take all necessary and reasonable steps to ensure that WMBE businesses have the maximum
opportunity to participate in the contracting of goods and/or services under this agreement. The City
shall not discfinfinate or tolerate harassment or abuse on the basis of creed, race, religion, color, sex,
sexual orientation, age, national origins or the presence of any sensory, mental or physical disability in
the award and performance of such contract agreements.
In contracted work, the City shall make affirmative efforts to solicit and use WMBEs wb_ich have been
certified by the State of Washington. Affirmative efforts shall include at a minimum the following steps
be taken prior to entering into any contract agreements:
Contact Metro's Project Manager to explain the work to be contracted and to obtain a listing
of certified firms which may be capable of performing such work;
Solicit quotes from such certified firms prior to entering into any contracts with non-certified
firms;
Award contracts to such capable certified firms which provide reasonable quotes and meet
other related work specifications or established policies as required by the City.
Upon request, the City shall furnish Metro with evidence of compliance with these
requirements. If the city elects to contract work under this agreement and fails to comply with the
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MWBE requirements 'specified above, then Metro may declare a breach of contract and avail' itself of
ail remedies under this contract and by law on account of such breach.
The City shall submit a written report at the end of each caiendar month to Metro
identifying work progress, detailed expenditures by month and to-date, schedule adherence, change
orders executed, and any other matters of significance in the performance of this Agreement. In
coordination with the City's inspector, Metro shail have the right to inspect the work in progress but
the work shall not be delayed or stopped for such inspection. Prior to final acceptance ora contractor's
work by the City, Metro and the City shall participate jointly in a finai inspection of the contractor's
work.
5. Changes. The City shall not agree to any change in the specifications or other terms of
the work of this Agreement without the written approval of Metro. Such approvai shall not relieve the
City of its responsibility for such changes in the work.
6. Permits, Approvals and Community Relations The City shall be responsible for issuing
and/or obtaining all perm/ts, licenses, easements, and approvals necessary to perform the construction
work, shall pay all fees or costs associated therewith, shall keep records of all information, and shall
provide Metro with a copy of same. The City shail be responsible for conducting all necessary
community relations activities related to the construction work.
7. Schedule. The City agrees the work under this Agreement shall be completed and final
acceptance issued per Section 8 no later than June 30, 1997. The City shall submit a project schedule,
according to task, to Metro no later than March 3 I, 1997.
8. Final Acceptance. Upon notification by the City of completion of the work of this
Agreement, Metro shall inspect the zone improvements. I/Metro finds any work which does not meet
the terms of this Agreement or any specifications or terms established thereunder, Metro will prepare a
list of such items and subrdt it to the City. The City shail not accept any work of a contractor without
the written consent of Metro. Work which does not comply with the agreed upon specifications and
terms shall be corrected by the City at no cost to Metro. Notice of acceptance shall not constitute
acceptance of any unauthorized or defective work or material. Metro retains all rights thereunder and
at law to require the City to remove, replace, repair, or dispose of any unauthorized or defective work
or from recovering damages for any such work or materiai.
9. Ownership and Maintenance Unless otherwise agreed to in writing by the parties, all
zone improvements shall become the property of the City upon their completion and final acceptance.
The City shall be responsible and liable thereafter for ongoing maintenance, repair, and replacement of
the zone improvements.
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10, ' invoices. The Cily gha~l submit aa involcc to Metro at the end o£ca6h calendar querier
£or. rcimbuvs~nent Of actuai expenses incurred by the City dating that quarter for ei'iglble costs under
this Agreement. Such invoice ~hall i~cmizc all costs by llne hem for each imp~ovemcnl made and shall
be accompanied by copies of ~gned receipts evidencing thc payments for wNch the Cily seeks
reimbursement.
I 1. Metr._~o Payme_n.._s Metro shall use a combination of WashingtOn State Transporlation
Improvcmen! Board ~'ant funds and Metro's matching contribution to rcimburse the City for the City's
actual costs of performlng its responsibilities under this Agrcement, up to the maximum amount of
$80,300, as set forth in thc bud
. 8c~ attached and made a part of Exhibit A. Grant ~.mds to be used in
re mbursang the City shall not exceed $60,900. Metro's matching contribution of' $]9, 400 will be
comprised of in-kind services in the review o£ designs and inspection of work completed, plus capital
funds. The City agrees to contribute a local match ofS9,700, and shall deduct such amount from the
amount submitted for reimbursement in the initial invoicc(s).
Metro shall makc payment within thirty (30) days after receipt of an invoice for wurk
determined to bc performed in accordance with the terms of this Agreement.
12. Lc__gal R~l{ltions. It is understood and agreed that this Agreement is solely for thc
benefit of thc parties herelo and gives no right to any other party. No joint venture or partnership is
formed as a result of this Agreement. No employees or agents of the City or any of its contractors or
subcontractors shall bc deemed, or represent themselves to be, employees of Metro.
The City shall comply, and 'shall ensure that its contractors comply, w/th (a) all terms of
Agreement 4S-540(001).1 between Metro and Washington State Transportation lmpr()vement Board
which are incorporated herein by this reference; and (b) all federal, state and local laws, regulations,
and ordinanccs applicable to the work and services to he performed undcr this Agreement.
To the maximum extent permitted by law, the City shall defend, indemnify and hold
harmless Metro and all of its officials, employees, principals and agents fi'om all claims, demands, suits,
actions, and liability of any kind, including injuries to persons or damages to properly, which arise out
of, are connected with, or are due to any errors, omissions or negligent acta of the C fy, its contractor,
and/or employees, agents, and representatives in performing work and services under this Agreement;
provided, however, that if(and only it') the provisions of RCW 4.24. l 15 apply to the work and services
under this Agreement and any such damages and injuries to persons or property are caused by or result
from the concurrent negligence of the City, its contractor or employees, agents, or representatives and
Metro or its employees, agents, or representatives, thc indemnification applies only to the extent of the
negligence of thc City, its contractor or employees, agents, or representatives. Jn the event of any such
claims, demands, suit~ actions, and lawsuits, the City shall assume all costs of defense thereof,
including leghl fees incurred by Metro, and of all resulting judgments that may be obtained against
Metro or any of its officers, principals, agents, or employees. If resulting therefrom, any lien is placed
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upon' property of Metro or any of its officers, principals, agents, or employees, the City shall' at once
cause the same to be dissolved and discharged by giving bond or otherwise. The City specifically
assumes potential liability for actions brought by the City's own employees against Metro and'for that
purpose the City specifically waives, as respects Metro only, any immunity under the Worker's
Compensation Act, RCW Title 51; and the City recognizes that this waiver was the subject of mutual
negotiation and specifically entered into pursuant to the provisions of RCW 4.24.115, if applicable. In
the event either party incurs attorney's fees, costs or other legal expenses to enforce the provisions of
this section against the other party, all such fees, costs and expenses shall be recoverable by the
prevailing party.
Metro's rights and remedies in this Agreement are in addition to any other rights and
remedies provided by law.
This Agreement shall be interpreted in accordance with the laws of the State of
Washington in effect on the date of execution of this Agreement. The Superior Court of King County,
Washington, shall have exclusive jurisdiction and venue over any legal action arising under this
Agreement.
The provisions of this section shall survive any term/nation of this Agreement.
13. Insurance. Taking into account the scope of work and services to be performed by the
contractor(s), the City shall prudently determine whether; and in what amounts, each contractor shall
obtain and maintain public liability, professional liability, and any other insurance coverage.
Such insurance shall indemnify the City, its contractor, and Metro and its officers,
officials, agents, and employees against loss from liability imposed by law upon, or assumed under
agreement by, the City and/or its contractors for damages on account of bodily injury, property
damage, and/or other damages. All liability insurance policies shall include Metro and its officers,
officials, agents, and employees as additional insured and shall contain "severability of interest" (cross
liability) wording. The City's and the contractor's insurance shall be primary to and not contributing
with any insurance or self-insurance which may be carried by Metro.
14. Records and Audit. During the progress of the Project and for a period not less than
three (3) years from the date of final payment to the City, records and accounts pertaining to the
Project and accounting therefor are to be kept available for inspection and audit by representatives of
Metro. Copies of the records shall be rum/shed to Metro upon request and shall be maintained in
accordance with a work order accounting procedure prescribed by the Division of Municipal
Corporations of the State Auditor's Office.
15. Duration and Termination. This Agreement shall take effect upon its signing by both
parties. Either party may terminate this Agreement in the event the other fails to perform its
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oblightioni as described in this Agreement, and such failure has not been corrected to the reasonable
satisfaction of the other in a timely manner after notice of breach has been provided to such other party.
Either party may terminate this Agreement without recourse by the other where
performance is rendered impossible or impractical for reasons beyond such party's reasonable control,
including but not limited to, tenmation o£the grant funds supporting this Project.
Notice of term/nation of this Agreement shall be given by the party terminating this
'Agreement to the other party not less than fourteen (14) days prior to the effective date of termination.
Provided, however, either party may also terminate this Agreement for convenience and without cause
by providing the other party with at least sixty (60) days' written notice of such term/nation. Expenses
incurred by the City prior to the effective date of a termination for convenience shall be reimbursed
subject to the terms of this Agreement.
Neither payment by Metro nor performance by the City shall be construed as a waiver
of the other party's rights or remedies against the other. Failure to require full and timely performance
of any provision at any time shall not waive or reduce the right to insist upon complete and timely
performance of such provision thereafter.
16.
project are:
Identification of Contacts at City and Metro The following agency contacts for this
Metro
King County Department of Transportation
821 Second Ave, MS 64
Seattle, WA 98104-1598
Arm: Paul Roybal (206) 684-1520
City:
City of Auburn
25 West Main Street
Auburn, WA 98001
Atto: Jack Locke, P.E., Manager Eng/neer Projects (206) 931-3010
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1']. Entire A~reement. This document contains ail terms, conditions, and provisions
agreed upon by the parties hereto, and shall not be modified except by writtea amendment. Such
amendments may be made to this Agreement within the previously approved budget or other
applicable authority for and on behalf of the City by its Manager of Engineering Projects, and for and
on behalf of Metro by the Supervisor of the Transit Service Development Facilities Group.
18. Severability. If any provisions of this Agreement are held invalid by a court of
competent jurisdiction, the remainder of this Agreement shall not be affected thereby if such remainder
would then continue to serve the purposes and objectives originally contemplated.
IN ~WlTNESS
CITY OF AUBURN
Charles A. Bootk
Its: Mayor
WI-IEREOF; the parties hereto have executed this Agreement this ,'~//~ ,199_.(~
/ Michael J~. Reynolds, City Attorney
ATTEST:
RobinWohlnueter,' City Clerk
KING COUNTY DEPARTMENT OF
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9,700
19,400
60,900
90,000
EXHIBIT A
PROJECT BUDGET
City of Auburn Local Match
Metro Match
Washington State Transportation Improvement Board Grant Funds
Maximum Total Expenditures
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