No preview available
HomeMy WebLinkAbout3166 RESOLUTION NO. 3 16 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT WITH THE AUBURN VETERANS ME;MORIAL COMMITTEE CONCERNING THE CONSTRUCTION, LIABILITY AND TRANSFER OF MEMORIAL FOR VETERANS TO BE CONSTRUCTED IN CITY PARK. WHEREAS, the Auburn's Veterans Memorial Committee desires to construct a Memorial for Veterans in City Park; and WHEREAS, the construction is to be in accordance with the Agreement submitted attached as Exhibit "A", and WHEREAS, upon the completion of construction, in accordance 'with the plans and specifications, the Auburn Veterans Memorial Committee desires, and the City of Auburn agrees, that City will take over the ownership and maintenance of the Memorial; and WHEREAS, the construction of the Veterans Memorial in City Park honors the Veterans who have served their Country, which is in the benefit of Public Health, Safety, and Welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HERE:WITH RESOLVES THAT: Resolution 3166 January 28, 2000 Page 1 Section 1. The Mayor and City Clerk are authorized to execute the Agreement between the City and the Auburn Veterans Memorial Committee attached hereto and incorporated by reference as Exhibit "A". Section 2. If any provision of this Resolution, or its Exhibits incorporated by, are determined to be invalid or unenforceable for any reason, such contents shall not affect the remaining portions of this Resolution and the Agreement attached hereto shall remain enforce and effect. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this ?~::L Day of February, 2000. CITY OF AUBURN CHARLES A. BOOTH MAYOR Resolution 3166 January 28, 2000 Page 2 ATTEST: fie E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution 3166 January 28, 2000 Page 3 Auburn Cdy Clerk City of Aubum 25 West Main St Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained there~n) 1 ......... * Reference Number(s) of Documen~ assigned or released ~Add~nal reference Grantors) (Last name f~mt, then Ct~ of Auburn Grantee: (Last name first) 1 Auburn's Veterans Memohal Commr~eee Legal Desc~pUon (abbreviated I e lot, block, plat or section, township, range) NW ~ Sectjon 18, Township 21 N, Range 5 E, W M ,,] Addmonal legal ss on page · of the document Asseesor's Property Tax ParceliAccount Number: sin dooumem(s) w~,.,e r;e. for IleOrCl by Pig:diG Nod,,h~,e,¶; r~tle ale rc;o-,,,..f~V- n only It hel r~ b~, leti~td am to proper ex.~on or ~ Asse~or Tax # n~ yet ass;grte,:f m ~ II direct upon 16e. AGREEMENT BETWEEN CITY OF AUBURN AND THE AUBURN VETERANS MEMORIAL COMMITTEE ON CONSTRUCTION OF A VETERANS MEMORIAL IN CrTY PARK THIS AGREEMENT made and entered into th~s q ¢ day of February, 2000, by and between the CITY OF AUBURN, a Municipal Corporation ~rl K~ng County, Washington, here~na~er referred to as "CITY" and w~th Auburn Veterans Memorial Committee, a nonprofit corporabon, here~nafter referred to as "MEMORIAL COMMITTEE" WHEREAS, the MEMORIAL COMMITTEE comprises of volunteers who .,-, have organized themselves as a nonprofit corporation ~n the State of IJ'"l · -- Washington for the purposes of constructing a Veterans Memohal ~n City Park, r, . C~ty of Auburn .,.. "" WHEREAS, a plan for said memohal to be constructed Is attached to thts ~ Agreement and ~s designated as Attachment "1" and made a pad herera WHEREAS, the MEMORIAL COMMITTEE agrees that the factory ~s to be constructed by a private contractor ~n accordance to CITY standards, as set forth ~n Agreement for Developer Pubhc Facffity Extension, Number FAC00- 0004, attached and designated as Attachment "2" to th~s Agreement, and made a part here~n Auburns Veterans Memohal Committee Agreement- Resolution 3166 Exhibit A January 28, 2000 Page 1 I All materials shall be pre-approved by the CITY budding o~:~c~al 2 Upon Completion of the Memohal, as set forth ~n Attachment "2", the Memorial shall become the property of the CITY 3 The MEMORIAL COMMITTEE agrees to provide all construction, ~nclud~ng labor and material, for the Memorial and hold the CITY harmless therefrom, ~nclud~ng any attorney fees and costs 4 The MEMORIAL COMMITTEE shall ~nform the contractor, subcontractors, or any personnel ~nvolved, that the Memorial ~s a project of the MEMORIAL COMMITTEE, a nonprofit corporation, and not a pubhc works projects, and ~n so domg shall ~nform any and all persons that may have a claim ~n terms of a hen claim, claim against retainage ~ and/or bond, that they are not entitled to such claim on th~s specffic ,:,:, pro~ect and shall Indemnify and hold the CITY harmless ,.n 5 The CITY agrees to prowde power to the construction s~te clurlng c~ construction 6 The CITY agrees to remove two (2) trees and stumps located w~th~n the footpnnt of the proposed structure Auburns Veterans Memorial Committee Agreement - Resolution 3166 Exhibit A January 28, 2000 Page 2 7 The CITY agrees, upon the complebon of the project, to construct s~dewalks and a handicap ramp connected to the ex~sbng parking lot and the s~dewalk to the structure 8 The CITY agrees to restore the grounds d~sturbed around the structure dunng the construcbon 9 Upon complebon of the structure the CITY shall assume all maintenance on the facffity 10 The MEMORIAL COMMITTEE agrees to prowde an ~nsurance pohcy for a m~n~mum of $1,000,000 (One M~lhon and No/100s Dollars) for any losses, ~nctudmg but not hm~ted to, habH~ty ~n the construcbon of the project and unbl final completion and tendered to the CITY, and s',hall I,.rl cause the CITY to be named as an add~bonal ~nsured 11 Any provisions and agreements determined to be ~nval~d arid I, tl c~ unenforceable shall not affect all rema~mng prows~ons and they shall remamn ~n enforce and ~n effect 12 The estimated costs to the CITY for construcbon assistance and adm~n~stenng th~s project ~s Twenty Thousand and No/100s Dollars ($20,000) Auburns Veterans Memormal Commmttee Agreement- Resolution 3166 Exhmblt A January 28, 2000 Page 3 DATED and SIGNED th~s ""/~ of February, 2000 CITY OF AUBURN CHARLES A BOOTH, MAYOR ATTEST Damelie E Daskam, ,-,= C~ty Clerk APPROVED AS TO FORM ~ M~chael J Reynolds, ,-,,, Ctty Attorney /V~ILLI~,M C WARREN AUBURN VETERAN'S MEMORIAL COMMITTEE Auburns Veterans Memonal Commtttee Agreement- Resolution 3166 Exhibit A January 28, 2000 Page 4 Attachment CITY OF AUBURN AGREEMENT for DEVELOPER PUBLIC FACILITY EXTENSION AGREEMENT for DEVELOPER PUBLIC FACILITY EXTENSION FACILITY EXTENSION NUMBER: FAC00-0004 The City of Auburn, heremailer referred to as the "City", and Auburn Veterans Memorial Committee, heremailer referred to as the "Owner", hereby enter into this Developer Pubhc Facility Extension Agreement, herelnafter referred to as the "Agreement", and make the following expressed mutual promzses and covenants regarding the Owner's proposed Developer Pubhc Facility Extension, here~nafter referred to as the "Extension (s)", whereto the C~ty agrees to at.t. cpt the Extens|on (s) tot operanon and maintenance and provide a taczhty connection (s) to the proposed Extension (s) ~fthe Owner, at the Owner's expense, designs, const~ uct~,.. convey~ and transfers stud Extension (s) to the City pursuant to the terms and condmons or' this Agreement Thzs Agreement is vahd and binding for the Extenszon (s) de~zgnatcd n't the Scope oI Wotk a~ incorporated on the approved plans and sun~mar,zed below Facfllty Extension (s) Summary_ A memonat to be constructed as depicted m Exhlb|t "1" of City Council Rc~olutton Nitrebel 3166 ! CASH DEPOSIT provtsaons ofsecUon wasved II CONSTRUCTION PLANS Before o~ b~multaneous wxth the cxccm~on of th~b Agreement. the Owner bhall bubmtt plans designed by a pro/~ss~onal engmcer registered ~n the State of Washington to the CIty tbl review and approval Plans shall contain all reformalton reqmred for Extension construction, and shall comply w~th CIty dc.,lgn standards and construction speclficanons as of the date of the execution of thas Agt cement Plans shall be updated and revised during constructran to ~cflcct major changes caused by field condmons or ~ev~sed development p~oposals Plan~. updates, and ~evt~on', ~h.~ll indicate all ,,.InllIHy ~cwe~. stotnl drainage. wate~ utd~tics. and nan~po~tatton t~c~lmcs dc.~tgned m con3phance ~ ~th C~ty requirements Addmonal reports, design calculauons. survt:ys. and apphcable supporting data shall be submltted to the C~ty as requested Construenon plans that are generated m a computer-aided drafting/design system sh,dl be developed m an etectromc format acceptable to the CIty For extensions that include construction w~thm an existing, developed right-or-way, the C~ty shall determine a reasonable tnne fi ame ~n which the Owner wzll complete all work w~thm the nght-of way. including final clean up An esnmated construction period for such work shalI be designated m calendm days and will be determined at the pre-construct~on conference Tile autho~ ~zed con~t~ uct~on period shall start when work first begins w~th~n the ~ght-ol-way If the reqmred work ts not completed w~thtn the allotted time, the City is authorized to suspend all Extensaon-related worked and place a clmm against the Performance Bond After a C~ty rewew, all plans shall be resubm~tted to the City w~thtn 60 days of the date the plans ~,,.c~c ~ctm ned to the Owner% engmce~ tb~ ~ews~on if the plans are not submitted w~thm 60 days. the Oty mav revmw and adjust the cash deposit amount It etthei plan ~evmw or constructran actsvines become inactive on the Ov, ner's part tbr a pel~od ofs~x-months, the CIty may reqmre the plans be rewsed to conform to extshng field condmons, or to meet current City design standards and regulanons The C~ty may also reqtnre the execution of a new Agreement. m which ease, th~s Agreement shall become null and void When the plan review process ~s completed and C~ty development regulations and reqmrements contained ~n th~s Agreement are met. the C~ty Engineer shall approve the Extensmn plans for construction i11. RIGHTS-OF-WAY provisions ofsecnon wmved IV PAYBACK AGREEMENT provisions ofsectmn waived V PERFORmlANCE BOND provisions of seenon waived VI INSURANCE TI'n oughout the period of pertormance of this Agreement tor all construction ~elatect ,tct,vme,,. the Ownel ot Connacto~ shall carry and maintain commercial general liability m',utance with hm~ts of not less than $1,000,000 per occurrence fbr bodfiy injury, including death. and SI,000,000 per occurrence for property damage or, alternanvely, one mjlhon ($1 ,O00.O00J per occurrence combined sJngle hmtt for bodily injury and properry damage cornbnqed Th~s Insurance shall be tn a form and w~th an insurer acceptable to the C~ty. and shall contain coverage fbr all premises and operat,on. broad fom~ property damage. contractual Ik~bthty (Including w~thout hm~tat~on that specifically mentioned tn the Agreement. and products and contemplated operanons insurance Thin ~nsurance shall ~nclude explosion, collapse, underground excavation, or lateral suppo~ Any policy ot pohctes that provides the insurance reqmred ',n th~s Agreement shall r:ame the City as an additional ~nsured to the extent of the contractual obhgat~ons set forth here Contl.icto~ .t,, the Agent of the O~vnet. prowdes the ~equtred insurance. then ~uct: insurance qhall name both the Owner and the C~ty as addmonal ~n~ured Before lhe beginning of the perromance period under th~s Agreement, the Owner qhall provide lm( ~t5, ~c~ ~e~ and approval. a ce~u~cate of insurance reflecting lull compliance ~ ith the requnements set fo~h m thts Agreement The cemficate shall be kept cugent and m comphance throughout the peffom~ance ~nod untd final acceptance by the Oty (and fbr two years therea~er for products and contemplated operations habd~ty), and shall prowde for 30 days advance written notice to the C~ty tfcance!lat~on or material change adversely aft~ct the roterests ot the C~ Throughout the ~rformance period of the Agreement, the Owner shall cover or maintain msmance m comphance w~th the apphcable worker's compensaUon laws. w~th respect to all of ~ts respective employees workmg on or about the facdtty s~te. regardless of whether ~uch coverage or insurance as mandato~ or merely elective under the law VIi. INDEMNIFICATION The Owner shall defend and hold hapless the C~ty, ~ts elected and appointed officmls. employees. and agents from any actaons. causes of actaon. habdmes. elmins, smts judgments. hens..t~a~ds. demand~ and damages, o/'any kind including. tb~ property damage. personal mju~, or death (including any claims brought by employees of the Contractor or any sukontractor) The C~ty shall be held hapless for all expenses. costs of ht~gataon. and reasonable attomey's f~e~, expe~ w~tness t~es, and costs of seduces of engineering and other personnel ~elated to any ~uch acuon. or mc~dent to estabhshmg the t~ght to mdemm~.cat~on. to the extent such claims arise from any neghgent act or omissson or willful misconduct of the Owner, Contractor, any subcontractor, or theft employees, arising out of or ~n any way related to their performance of the Agreement, includ~ng without hmitatlon the provmmn of services. personnel, facdmes, eqmpment, support, supervlsmn, or revsew,, The Owner expressly was,es any Immunity under industrial insurance, whether arising from RCW T~tle 5 1 entitled "industrml Insurance" or any other statute or source solely tbr the benefit of the City and solely to the extent of the mdemmty set forth in th~s Agreement The Owner shall, at the C~ty's request, furrash comprehensive evidence that all obhgatlons of the nature designated m th~s agreement have been pard, &scharged. or winred VIII. CONSTRUCTION select provisions of section wmved After the plans are approved, a pre-constructlon conference shall be held between the Owner's (2 ontractor and Oty staB' before constructran can beg~n The following applicable items shall be sansfled betbre a Notice to Proceed will be 1.,,',ued to the Contractor ,a A Proofot lnstlrance naming the CIty (and Owner if Contractor supphe~ insurance) er, as an additional ~nsured (see Section V1 herein) e::, B A notanzed copy of the Contractor's Labor &Industry hcense e:~ C Bu~mes~ tcgtsuation w~th the C~ty tbtall contractre.,, and ,,ubcontracto~,, ~,,hen Lt~ c:, working within the C~ty hm~ts ~ D A Contractor and subcontractors call list [ E The Conttactor's exper~ertce record covenng the past five years for projects c ~mulat m size, scope, and d~fficulty as the proposed nnprovcmcnts. it' requested by the City F Fo, work outside of Aubum's C~ty hnms. adequate County permw~/app~oxaN mu~t be saus/~ed The Csty will apply tor R~ght-ot-way pemut once plans are approved The Cffy shall provide part-t,me mspectmn of the Extensmn while under construction to assrot the Owner m complying w~th the C~ty design standards and construction specifications The City shall also assist the Owner m complying with the present CIty roles, regulanons, and resolutions and the terms of this Agreement This assistance does not reheve the Owner of respons~blhty tbr complying w~th the plans, specifications. or terms of th~q Agreement, or any rules and regulations m~posed by the City, County. or other agencies All constructxon performed by the Owner shall be $n comphance wrath C~ty constructmon specmficatmons and design standards The Owner shall be responslble for acqturmg these Standam d Spc~. fficauon.., and having a copy on-sIte dunng construction The Owner agrees to comply w~th all State, County, and Csty regulanons applicable to the Owner while construcUon $s ~n progress xn pubhc rights-of-way The Owner agrees to g~ve the Csty 24-hours nonce betbre beginrang any con~trucnon All new pavement patches must be' completed w~thm 30 days of the or~gsnal excavauon unless the C~ty agrees othem~se Ira new patch ~s not completed w~thm 30 days, the Owner agree~ that the C~ty may hxre an malependent contractor to complete the necessa~ work and b~ll the Owner tbr the actual costs mcuffed The Owner shall restore to C~ty standards all pavement cuts made pu~uant to the constmctxon of the Extension before the C~ty accepts the extens,on The C~ty has the authon~ to dec~de all questions regarding the quahty and acceptability of the materials t~m~shed and of the work peffo~ed for the construction of the ~mprovements The Csty shah also have the authorsty to suspend constructxon work. m whole or pan. For the ~ulure of the OwneD'Contractor to c~ out the work ~n conromance w~th C~ty development regulauons, Ctty constmcnon standards. and approved plans, to co~ect con&t~ons unsafe For the work, wo~ ke~. o~ the general pubhc. for unsmtable weather or other condsnons which the C~tv cons~de~ unsuKablc for the construction work. or fo~ any other cond,uon or reason t'hc C~ty deems to be m the pubhc mterest The C~ty shall approve the construcnon of ~be Extensmn The Owner's contractor shall make a written request to the C~ty a minxmum of 72 ho'ars ~n advance when work ~s to be p~fo~ed on Saturdays, Sundays, Hohday~, or other than normal ~o~kmg hou~ W~xtten permission t~om the C~ty shall be ~equued bctb$c the ~onuacto~ ~s allowed to work dunng any such requested hours Approval of the contractor's request shall be dependent on the C~'s ability to provsde adequate construcuon project monitoring during the requested Ume IX. ACCEPTANCE OF EXTENSION FOR OPERATION AND O~'NE~it!P select p~ o~ ~s~ons of secUon waived The Csty agxces to accept the Extension for operation and ownership upon approval of the construcuon of the .Extension and the full comphancc of the ternB and condmons of th~s Agreement, including the following reqmrements A Bfil ot' Sale {~e Secuon XI herexn) B Record construcUon drawings and repo~s (see Section XII herere) UUhty easemen~ (~ec Secuon XI[I herere) Upon approval and acceptance, the C~ shall send a le~er to the Owner accepting the ~ystem ~or ownership and o~uon X. MAINTENANCE BOND provestons of sectmn waived Xl. BILL OF SALE Betbre the Ctty accepts the Extenston for operanon and ownership, the Owner agree'; to execute an approved Bill of Sale (the City wfil prepare this document, once ml'brmation ~s teeroved, for Owner's stgnature) for the improvements that are to be dedicated to the City The B'dl of Sale wall provide for the transfer of role of the Extenston from the Owner to the C~ty and will further include the following items A The Owner ~s the lawful owner of the Extension and it is fi'ee from all encumbrances B The Owner has pard all bffis for all labor and material used during constructran of the Extenston or has obtained lien wavers from all persons who have not been ~ paid for their labor or material · "-- C The Owner has the right to transfer the Extension and will warrant and defend the ¢.~ same against lawful clmms and demands of all persons for one year fi om the date ~ the Bdl of Sale ~s accepted by the City c:, D The Owner will grant the Extension to the C~ty fbr the consideration of ~ .ncorporatmg the Extension $nto the City system t-,. XIi. RECORD CONSTRUCTION DOCUNIENTS Bet~le the City accepts the Extension for operanon and ownership, the Owner agrees to provide the City w~th certified record construction drawings and related e|ectromc file information These did'.'. mg~ nltt~t a~.curately le~ect all field design revision-., made to tile Extcn~lon during the construction process m contbrmance wxth the Ctty's record construction drawing reqmrements avadable upon request from the Cffy All required record drawing mfc, mmt~on shall be clearly shown on the original design mylar drawings (and m the electrome drawing file if apphcable) approved for construction by the Cffy A cerhfied and updated storm dra,nage report wffi also be reqmred Record construction document reqmrements are avadabic upon request from the Public Works Department XI!I. UTILITY EASEMENTS provtslons of section waived XIV. SERVICE CONNECTIONS provisions of sectran wa,ved XV ATTORNEY FEES provisions of section waived SIGNATORY DATED th,s '7y~/' day of ~',-~ 20 d.7'd CITY OF AUBURN CHARLES A BOOTH MAYOR ATTEST ~. ,:x.:,Damelle E Daskam, ~ Ctty Clel k APPROVED AS TO FORM M~chael J Reynolds, C~ty Attorney SIGNATORY - CORPORATE ' s~ nt ""'T' Secretary STATE OF WASHINGTON) )ss County of King ) l ccmt~y that l know or have sattsf~ctory evtdcnce thatb. f. /tllal~, e ~ ~7~m~ S g ~neaar t~ the person who appeared before me, and stud pexson acknowledged that he/she s~gned th~s party for the uses and pu~oses merinoned m th~s tnstmment Dated ~/~ ~2adO ~ ~ ~ ~ ~ ~ota~ Pubh' n and tb the State ot Washmmon h~"' '~s- o .." ~y appointment expires /~- d C-G ]