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HomeMy WebLinkAboutItem VIII-B-2WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subiect Date: Resolution No. 3731 May 20, 2004 Department: Attachments: Budget Impact: Public Works Resolution No. 3731 and Agreement $ 0 Administrative Recommendation: City Council adopt Resolution No. 3731. Background Summary: C Street SW between Ellingson Road and 15th Street SW must be widened to provide two lanes of travel in each direction to accommodate existing and future traffic needs. This construction work, currently in the design phase, will begin in Fall 2004. During this construction period, King County will be replacing their sanitary sewer trunk line along the corridor, requiring coordination between the two parties. Resolution No. 3731 authorizes the Mayor to execute an Interlocal Agreement with King County for the coordination of both parties' work, and King County's financial participation in the City's C Street SW Roadway Improvement Project (C326A). W0607-4 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: June 7, 2004 Item Number: VIII.B.2 AUBURN * THAN YOU IMAGINED RESOLUTION NO. 3 7 3 '1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH KING COUNTY FOR THE PURPOSE OF COMPLETING IMPROVEMENTS AS PART OF THE CITY'S C STREET SW IMPROVEMENT PROJECT (C326A) FOR KING COUNTY WHEREAS, the City's Project, C326A, "C" Street SW Road Improvement Project, will complete widening from 15th Street SW to Ellingson Road; and WHEREAS, King County intends to replace their Lakeland Hills sewer force main within the limits of the City's project; and WHEREAS, the construction of these two projects will be occurring simultaneously and it is in the best interests of both agencies to coordinate the construction activities; and WHEREAS, a better quality product will be accomplished if the construction of the overlay of the entire C Street SW roadway is completed by one agency; and WHEREAS, the City and the County have agreed that the City should be responsible for completing the overlay construction. 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 Jinterlocal agreement with King County, in substantial conformity with the agreement Resolution No. 3731 May 19, 2004 Page 1 attached hereto, marked as Exhibit "A" and incorporated herein by this reference. 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. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this __ day of ,2004. CITY OF AUBURN ATTEST: PETER B. LEWlS MAYOR Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Hoi ,c.c.c.~ City Attorney Resolution No. 3731 May19,2004 Page 2 King County- City of Auburn Interlocal Agreement C Street Southwest Road Re-Pavement Page 1 Exhibit A Auburn Resolution No. 3731 CITY OF AUBURN KING COUNTY AGREEMENT FOR C STREET SOUTHWEST ROAD RE-PAVEMENT THIS AGREEMENT made and executed this day of ,2004, between the City of Auburn, a municipal corporation of the State of Washington, (hereinafter referred to as "the City") and Metropolitan King County, a political subdivision of the State of Washington, acting through its Department of Natural Resources and Parks (herein after referred to as "the County"), WITNESSETH: WHEREAS, the City and the Municipality of Metropolitan Seattle (now Metropolitan King County) are parties to an existing Agreement for Sewage Disposal dated March 1, 1974 as amended referred to as the "Basic Agreement"; and WHEREAS, the County owns and operates the Lakeland Hills Forcemain within thc limits of the City; and WHEREAS, the County intends to replace a section of the Lakeland Hills Fomemain via a construction project referred to as the "Lakeland Hills Forcemain Replacement Project" and restore the road pavement above the replaced forcemain; and WHEREAS, a portion of the Lakeland Hills Forcemain Replacement Project is located in the City's C Street Southwest right-of-way from 15th Street Southwest southward approximately 6,150 feet; and WHEREAS, the City intends to widen and improve C Street Southwest from 15th Street Southwest southward to Ellingson Road, via a construction project referred to as the "C Street Southwest Road Improvement Project," with partial funding by an Economic Development Grant; and WHEREAS, a portion of the County's above-mentioned Lakeland Hills Forcemain road restoration work overlaps with the City's above-mentioned C Street Southwest Road Improvement Project; and WHEREAS, it is in the best interests of both the City and the County that the County's portion of the C Street Southwest road restoration work be constructed by the City's contractor during construction of the C Street Southwest Road Improvement Project to obtain economies of King County - City of Auburn Interlocal Agreement C Street Southwest Road Re-Pavement Page 2 Exhibit A Auburn Resolution No. 3731 coordinated construction, improve the quality of the final C Street Southwest pavement, and minimize inconvenience to adjacent property owners and street users; and WHEREAS, the City and the County have negotiated terms to transfer the County's C Street Southwest road restoration work to the City upon payment to the City of a mutually agreed-upon tonnage cost of asphalt concrete Class B pavement that would otherW]ise have been constructed by the County to restore the affected section of C Street Southwest; NOW THEREFORE, in consideration of the mutual covenants contained herein it is hereby agreed as follows: Section 1. Definitions The defined terms used in this agreement shall have the meanings set forth in the Basic Agreement unless otherwise indicated herein. Section 2. C Street Southwest Road Construction Work The County's Lakeland Hills Forcemain Replacement Project in C Street Southwest shall include permanent trench patching and shall exclude road restoration work comprised of a 2- inch asphalt overlay, channelization, and traffic control associated with the asphalt overlay work, for the area between Station 50+15 and Station 111+00 as referenced in the County's Lakeland Hills Forcemain Replacement Project construction drawings. The City shall incorporate the above-mentioned asphalt overlay and associated work in its C Street Southwest Road Improvement Project. The County's contractor warranty shall not apply to the above-mentioned work iperformed by the City. The City's contractor warranty shall not apply to the above mentioned work performed by the County. The City and the County shall schedule and sequence the C Street Southwest Road Improvement Project and the Lakeland Hills Forcemain Replacement Project such that they allow the City and the County to complete their construction work without causing impacts or damage to the County's Lakeland Hills Forcemaln Replacement Project or to the City's C Street Southwest Road Improvement Project. King County- City of Auburn Interlocal Agreement C Street Southwest Road Re-Pavement Page 3 Exhibit A Auburn Resolution No. 3731 Section 3. Payment by County The County shall pay the City for the cost of 1,100 tons of asphalt concrete Class B pavement at the unit price submitted to the City by its lowest qualified bidder on the City's project. When the City receives bids on its C Street Southwest Road Improvement Project, the City shall mail or fax to the County a document that states the trait price of the asphalt concrete Class B pavement work as bid by the City's lowest qualified bidder. The County shall make payment to the City within 45 days after receipt of the aforementioned document. The City and County shall pay their respective contractors for the work performed under their respective contracts. All changes in costs attributable solely to the County's Lakeland Hills Forcemain Replacement Project, whether due to changes in design, construction condition,,; or from contractor claims, shall be the sole obligation of the County. All changes in costs attributable solely to the City's C Street Southwest Road hnprovement Project, whether due to changes in design, construction conditions or from contractor claims, shall be the sole obligation of the City. The City and the County shall be solely responsible for any and all changes to fheir respective construction contracts resulting in additional costs that are attributable to conill[ets between the City's and the County's above-mentioned construction projects. Such changes may include, but are not limited to the following: schedule delays, sequencing conflicts, work access issues, and staging area conflicts. Neither party, by entering into this agreement, shall be obligated to pay for costs incurred by the other party resulting from such changes. The County, its officers, officials, employees, agents and consultants shall be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the City and its contractor in connection with this Agreement. The City, its officers, officials, employees, agents and consultants shall be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the County and its contractor in connection with the Agreement. King County - City of Auburn Interlocal Agreement C Street Southwest Road Re-Pavement Page 4 Exhibit A Auburn Resolution No. 3731 Section 4. Legal Relations A. Indemnification. The City and the County shall indemnify and hold harmless each other, their respective agents, contractors, officers, attorneys, successors and assignees from and against any and all liabilities, damages, claims, demands, judgments, losses, harm, costs, expenses, suits or actions caused by the negligent acts or omissions of the indemnifying party arising out of or in connection with this Agreement. No Third Party Beneficiaries. In promising performance to one another uaader this agreement, the parties intend to create binding legal obligations to and rights of enforcement in one another. The parties do not intend to create any legal obligation or liability or promise of performance to any third party. Basic Agreement Unchanged. The City and the County shall comply with all provisions of the Agreement for Sewage Disposal dated March 1, 1974, (the Basic Agreement) as amended without qualification or condition by reason of any provision or interpretation of this agreement, it being the intention of the parties that the said Basic Agreement shall not be affected or modified hereby. D. Staff Time, Costs, and Incidental Expenses. The parties shall separately bear the costs of their own staff time, engineering costs, and incidental expenses. Section 5. Notices and Other Communications All notices and other formal communications to be delivered under this Agreement shall be mailed or delivered to the following: Don Theiler, Manager King County Wastewater Treatment Division 201 S. Jackson Street M/S KSC-NR-0500 Seattle, WA 98104 Dennis Dowdy, Director of Public Works City of Auburn 25 West Main Aubmn, WA 98001-4998 Provided, however, the parties may change their respective designation of representatives by written notification to one another. This Agreement may be signed in counterparts, and, if so signed, shall be deemed one integrated document. King County- City of Auburn Interlocal Agreement C Street Southwest Road Re-Pavement Page 5 Exhibit A Auburn Resolution No. 3731 Section 6. Termination The parties shall have the right to terminate this agreement upon 30 days notice at any time prior to award of the county's construction contract. This agreement shall othet~vise terminate upon fulfillment of the obligations of the parties to each other. Should the parties choose to terminate the agreement, the County will assume responsibility for completion of the full pavement restoration as required under the Construction Permit with the City. 1N WITNESS THEREOF, the parties have executed this agreement as of the day and ye~ first above written. CITY OF AUBURN Attest: Mayor, Peter B. Lewis Dani Daskem, City Clerk ~ti~B, He~v~fA'ttomey Approved as to Form: KING COUNTY Approved William B lakney, WSBA # 16734 Pam Bissonnette, Director Sr. Deputy Prosecuting Attorney Department of Natural Resources and Parks