HomeMy WebLinkAboutItem VIII-B-3WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subiect Date:
Resolution No. 3645 September 29, 2003
Department: Attachments: Budget Impact:
Public Works Resolution No. 3645 and Agreement
Administrative Recommendation:
City Council adopt Resolution No. 3645.
Background Summary:
Resolution No. 3645 authorizes the Mayor to execute an Interagency Agreement with King County
relating to the South 277th Street Reconstruction Project, Phase III.
The City of Auburn is seeking an agreement with King County that will define responsibilities for the
construction and maintenance of road improvements to South 277th Street between Frontage Road and
State Route 167. This agreement also notes the requirements that need to be met to establish a wetland
mitigation site on the Goedecke North property and commits the City to provide a Construction and
Maintenance Easement, and to dedicate open space for wetland conservation for King County's
mitigation site pending payment by King County.
W1020-1
O4.9.1 PR 562, A1.3
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
[] Arts Commission COUNCIL COMMITTEES: [] Building [] M&O
[] Airport [] Finance [] Cemetery [] Mayor
[] Hearing Examiner [] Municipal Serv. [] Finance [] Parks
[] Human Services [] Planning & CD [] Fire [] Planning
[] Park Board []Public Works [] Human Resources [] Police
[] Planning Comm. [] Other [] Legal [] Public Works
Action:
Committee Approval: []Yes []No
Council Approval: []Yes []No Call for Public Hearing / /__
Referred to Until / /
Tabled Until / /
Councilmember: Wagner Staff: Dowdy
Meeting Date: October 20, 2003 Item Number: VIII.B.3
AUBURN * THAN YOU IMAGINED
RESOLUTION NO. 3 6 4 $
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE AN INTERAGENCY AGREEMENT
BETWEEN THE CITY AND KING COUNTY AND
APPROPRIATE DOCUMENTS RELATING TO THE
SOUTH 277TM STREET RECONSTRUCTION PROJECT,
PHASE III
WHEREAS, the County has a capital improvement project, on South 277th
Street from West Valley Highway to Frontage Road; and
WHEREAS, a portion of the County's capital improvement project on
South 277th Street from SR 167 to Frontage Road is within the City; and
WHEREAS, real property, easements and permits within the City must be
acquired in order to construct the County's SOuth 277th Street capital
improvement project; and
WHEREAS, the County requires a site to use for wetland mitigation; and
WHEREAS, the City owns property that can be utilized for wetland
mitigation; and
WHEREAS, the County is compensating the City for the use of City
property for wetland mitigation; and
WHEREAS, construction, maintenance and operation responsibilities for
the portions of the County's capital improvement project located within the City
need to be defined; and
Resolution No. 3645
October 16, 2003
Page 1
WHEREAS, the portion of South 277th Street located between I-5 and
Auburn Way North is a principal arterial, presently moving 11,000 vehicles per
day; and
WHEREAS, improvements to South 277th Street will provide benefits to
unincorporated King County residents by providing better access between
unincorporated King County, east of Auburn, and Interstate 5; and
WHEREAS, it is in the best interest of the parties that the County be the
lead agency for the construction of that portion of the County's capital
improvement project within the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute an Interagency
Agreement Between King County and the City of Aubum relating to the South
277~h Street Reconstruction Project Phase III, in substantial conformity with the
agreement attached hereto, marked as Exhibit "A" and incorporated herein by
this reference. The Mayor is also authorized to execute the Goedecke North
Dedication of Open Space for Wetland Conservation, which is required under
the terms of the Interagency Agreement. The City Engineer is a uthodzed to
execute the Goedecke North Wetland Construction and Maintenance
Easement, which is required under the terms of the Interagency Agreement.
Resolution No. 3645
October 16, 2003
Page 2
Section 2. That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3.
upon passage and signatures hereon.
Dated and Signed this day of
That this Resolution shall take effect and be in full force
,2003.
CITY OF AUBURN
ATTEST:
PETER B. LEWIS
MAYOR
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attomey
Resolution No. 3645
October 16, 2003
Page 3
Exhibit "A"
INTERAGENCY AGREEMENT
BETWEEN
KING COUNTY AND THF~ CITY OF AUBURN
RELATING TO
SOUTH 277th STREET RECONSTRUCTION PROJECT PHASE IH
THIS AGREEMENT is entered into by King County, a political subdivision of the State
of Washington (the County"), and the City of Auburn, a municipal corporation of the State
of Washington ("the City"). The County and the City are referred to, collectively, as "the
Parties".
RECITALS
WHEREAS, the County has a capital improvement project, on South 277th Street from
West Valley Highway to Frontage Road; and
WHEREAS, a portion of the County's capital improvement project on South 277th
Street fi.om SR 167 to Frontage Road is within the City, and
WHEREAS, property dedication together with real property, easements and permits
within the City must be acquired in order to construct the County's South 277th Street
capital improvement project; and
WHEREAS, the County requires a site to use for wetland mitigation; and
WHEREAS, the City owns property that can be utilized for wetland mitigation; and
WHEREAS, the County is compensating the City for the use of City property for
wetland mitigation; and
WHEREAS, construction, maintenance and operation responsibilities for the portions
of the County's capital improvement project located within the City need to be defined; and
of South 277 Street located between I-5 and Auburn.Way N.
WHEREAS, the portion th
is a principal arterial, presently moving 11,000 vehicles per day; and
WHEREAS, improvements to South 277th Street will provide benefits to
unincorporated King County residents by providing better access between unincorporated
King County, east of Auburn, and Interstate 5; and
WHEREAS, it is in the best interest of the parties that the County be the lead agency
for the construction of that portion of the County's capital improvement project within the
City,
NOW, THEREFORE, the parties hereby agree as follows:
Exhibit "A"
Resolution No. 3645
Page 1 of 6
AGREEMENT
1. PROJECT DESCRIPTION
1.1 The County has a capital ' ~ma~provement project (CIP # 500298) that involves
the widening of South 277'~ Street from West Valley Highway to Frontage
Road from two through lanes to four through lanes (the "Project").
1.2 A segment of the Project along South 277th Street from SR 167 to Frontage
Road is within the City's municipal limits (the "City Project").
PROPERTY ACQUISITION FOR WETLAND MITIGATION
2.1 The County shall pay $131,972 for City improvements to West Valley
Highway. The County shall pay the City $192,440 for a wetland
construction and maintenance easement (Construction and Maintenance
Easement) together with a dedication of city property for use as open space
(Dedication). The County payments total $324,412.
2.2 Upon receiving the County's payment of $324,412, the City and County
shall enter into the Construction and Maintenance Easement and the City
shall process the Dedication as described in Section 2.1 above.
2.3 The County shall use the area covered by the Construction and Maintenance
Easement and Dedication to satisfy the requirements of the United States
Army Corps of En~neers.
3. TERMS
3.1
AND CONDITIONS
The County shall design and'construct the Project.
3.2 Work and/or improvements related to the City Project shall meet City of
Auburn Standards for Design and Construction.
3.3 The City has acquired and shall provide to King County all property,
easements and other interests in property necessary for the construction of
the City Project.
3.4 Construction activities, including but not limited to working hours, noise
impacts and traffic detours within City limits, shall be subject to review and
concurrence by the City.
3.5 The City shall review and provide approval for all plans that detail work for
the City Project prior to issuing the County a permit for said work.
3.6 The City shall approve, prior to implementation, field changes that impact
construction of the City Project. The City at its own discretion may from
time to time have its own staff inspect the construction activities of the City
Project to assure the work being done is being carried out in accordance with
City requirements. Should the City find discrepancies or concerns with
work being performed, the City shall advise the County Road Engineer. The
County Road Engineer shall take the necessary corrective action.
Exhibit "A"
Resolution No. 3645
Page 2 of 6
3.7
3.8
3.9
The County shall reimburse all reasonable costs the City incurs for any
necessary corrective action or reviews within 60 days of invoicing fi~m the
City.
The County shall be responsible for obtaining required permits for the City
Project. The City shall endeavor to expedite any permits required by the
County fi'om the City.
The City shall charge only actual time for permit staff review work,
including any consultant time.
FINAL APPROVAL
4.1 In performing the functions related to the City Project, the County Road
Engineer may exercise all the powers and perform all the duties vested by
law or ordinance in the City Engineer, City officer, or City department
charged with street administration, except that the City Engineer shall be the
final approval for all changes to the approved plans, for the City Project.
4.2 The County Road Engineer shall have final authority on decisions related to
implementing the approved design, contract management, and any other
issues related to managing the construction of the City Project. The County
Road Engineer shall be the sole point of contact with the contractor(s) for
the City Project.
4.3 Final acceptance of the Project following construction shall be by the
County Road Engineer. The County Road Engineer shall not accept work
within the City without written approval from the City Engineer. The City
Engineer shall inspect and accept the City Project prior to the County Road
Engineer's final acceptance.
5. CONTACT PERSONS
The parties shall each appoint a contact person to act as liaison for the City Project.
These contact persons shall meet as needed to provide coordination between the parties.
Either party may change its contact person on written notice to the other party.
The City contact person shall be:
Scott Nutter, Project Manager
City of Auburn
25 West Main Street
Anburn, WA 98001
253-804-5068
The County contact person shall be:
Khaled EI-Guindy
Senior Engineer
King County Road Services D/vision
KSC-TR-0231
201 South Jackson Street
Seattle, WA 98104
206-296-8781
Exhfoit "A'
Resolution No. 3645
Page 3 of 6
................................ F' r'llll' I
MAINTENANCE OF FACILITIES
6.1 The City shall accept maintenance and operation of the City Project after its
completion and acceptance by the City Engineer in accordance with Section 4 of
this Agreement.
6.2 The County shall retain ownership and shall be responsible for continued operation
and maintenance of the S. 277th Street roadway and drainage facilities within
unincorporated King County.
7. PAYMENT
The County shall reimburse the City within 60 days of invoicing for actual related costs of the
work incurred by the City related to the City Project. This work includes but is not limited to
plan review, issuance of permits, inspection, and any work the County may request the City to
perform.
o
ENFORCEMENT OF AGREEMENT
8.1 In the event the CITY determines that the COUNTY is in violation of the terms of
this Agreement, the CITY may, at its option, give the COUNTY written notice
thereof, and the COUNTY shall have sixty (60) days fi;om receipt of said notice to
cure the violation. Ifa lawsuit is initiated to enforce the terms of this Agreement,
the prevailing party in such lawsuit shall be entitled to recover reasonable attomey's
fees and costs incurred in prosecuting or defending against such lawsuit, in addition
to any other remedy or relief obtained. The CITY, at its option, may take action to
preserve and protect the wetland property or its wetland function, after first giving
the COUNTY the foregoing written notice and opportunity to cure, and, in such
ease, the reasonable expenses incurred by the CITY to preserve and protect the
wetland property shall also be recoverable fi'om the COUNTY if the COUNTY is
found to be in violation of this Agreement.
8.2 In the event the COUNTY determines that the CITY is in violation of. the terms of
this Agreement, the COUNTY may, at its option, give the CITY written notice
thereof, and the CITY shall have sixty (60) days from receipt of said notice to cure
the violation. If a lawsuit is initiated to enforce the terms of this Agreement, the
prevailing party in such lawsuit shall be entitled to recover reasonable attorney's
fees and costs incurred in prosecuting or defending against such lawsuit, in addition
to any other remedy or relief obtained. The COUNTY, at its option, may take
action to preserve and protect the wetland Property or its wetland function, after first
giving the CITY the foregoing written notice and opportunity to cure, and, in such
ease, the reasonable expenses incurred by the COUNTY to preserve and protect the
wetland property shall also be recoverable fi'om the CITY if the CITY is found to be
in violation of this Agreement.
9. DURATION OF AGREEMENT
This Agreement shall become effective upon signature by both parties and shall remain in effect
until both the City and the County have accepted the City Project in writing.
Exhibit "A"
Resolution No. 3645
Page 4 of 6 ·
10. SEVERABILITY
If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall not
be affected thereby if such remainder would then continue to serve the purposes and objectives
of the parties.
11. INDEMNIFICATION
11.1 Washington State law shall govem the respective liability between the parties to this
Agreement for any loss due to property damage or injury to persons arising out of
the activities conducted pursuant to this Agreement.
11.2 To the extent allowed by law, the COUNTY shall defend,, indemnify and hold
harmless the CITY, its elected officials, employees and agents from and against any
and all suits, claims, actions, losses, costs, expenses of litigation, attorney's fees,
penalties, and damages of whatsoever kind or nature arising out of, in connection
with or incident to any act or omission of the COUNTY, its employees, agents, and
contractors in the exercise of the rights granted and conveyed to the COUNTY by
this Agreement. This indemnification obligation shall include, but is not limited to,
all claims against the CITY by an employee or former employee of the COUNTY or
its contractors and, as to such claims, the COUNTY expressly waives, as respects
the CITY only, all immunity and limitation of liability under Title 51 RCW.
11.3 To the extent allowed by law, the CITY shall defend, indemnify and hold harmless
the COUNTY, its elected officials, employees and agents from and against any and
all suits, claims, actions, losses, costs, expenses of litigation, attorney's fees,
penalties, and damages of whatsoever kind or nature arising out of, in connection
with or incident to any act or omission ofthe CITY, its employees, agents, and
contractors in the performance of the CITY'S obligations under this Agreement.
This indemnification obligation shall include, but is not limited to, all claims against
the COUNTY by an employee or former employee of the CITY or its contractors
and, as to such claims, the CITY expressly waives, as respects the COUNTY only,
all immunity and limitation of liability under Title 51 RCW.
12. OTHER PROVISIONS
12.1 This Agreement contains the entire agreement of the parties concerning the matters
contained herein and any representations or understandings, whether oral or written,
not incorporated herein are excluded.
12.2 Only an instrmnent in writing, duly executed by both parties, may amend this
Agreement.
12.3 Waiver of breach of any provision of this Agreement shall not be deemed to be a
waiver of any prior or subsequent breach and shall not be construed to be a
modification of the terms of this Agreement.
12.4 The County shall be deemed an independent contractor for all purposes and the
employees of the County, or any of its contractors, subcontractors and their
employees shall not in any manner be deemed to be employees of the City.
Exhibit "A"
Resolution No. 3645
Page 5 of 6
12.5 Nothing contained herein is intended to, nor shall be construed to, create any fights
in any person or entity not a signatory to this Agreement, or to form the basis for
any liability on the part of the City, the County, or their officials, employees, agents
or representatives, to any person or entity nora signatory to this Agreement.
12.6 The headings of the various sections and subsections of this Agreement are inserted
for convenience only and shall not be deemed to expand, limit, or otherwise affect
its terms and conditions.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date
last written below.
KING COUNTY
CITY OF AUBURN
LINDA DOUGHERTY
Road Services Division Director
PETER B. LEWIS, Mayor
Date Date
Approved as to form: Attest:
Deputy Prosecuting Attorney
Danielle Daskam, City Clerk
Approved as to form:
Daniel B. Heid, City Attorney
ExlWoit "A"
Resolution No. 3645
Page 6 of 6