HomeMy WebLinkAbout12-20-2004 ITEM VIII-B-3CITY OFfi IU
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WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject:
Date:
Resolution No. 3793
December 6, 2004
Department:
Attachments:
Budget Impact:
Public Works
Resolution No. 3793
$ 0
Administrative Recommendation:
City Council adopt Resolution No. 3793.
Background Summary:
Resolution No. 3793 authorizes the Mayor to execute an interlocal agreement with King County for the
purpose of accepting $100,000 from the County for the construction of transit -related improvements in the
City. The improvements consist of modifying the radii at intersections for better turning, which will provide
improved transit service access to the Auburn Commuter Rail Station.
The City has received federal funds in the amount of $554,243 for the transit -related improvements and
for the reconstruction of 2nd Street SE/SW from A Street SE to A Street SW. The project is listed in the
2005-2010 TIP for year 2006 as Urban Area Transportation System Management Improvements. The
County has agreed to allow the City to use their funds as the City's match for the federal funds.
W1220-4
04.10, 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: Dowd
Meeting Date: December 20, 2004 Item Number: VIII.13.3
AUBURN * MORE THAN YOU IMAGINED
RESOLUTION NO. 3 7 9 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF AUBURN AND KING COUNTY
FOR TRANSIT RELATED IMPROVEMENTS IN THE CITY
OFAUBURN
WHEREAS, the County has prepared a report that identified alternatives
for improvements at key intersections in Auburn in order to provide improved
transit service access to the Auburn Commuter Rail Station; and
WHEREAS, the City agrees that the improvements at specific
intersections will improve traffic operations and pedestrian circulation, support
transit and overall safety and aesthetics; and
WHEREAS, the County and the City have reviewed the alternatives and
have agreed to develop a project to construct improvements at agreed-upon
locations; and
WHEREAS, the County has agreed to contribute funding to support
construction of project elements that directly benefit transit operations in the
amount of $100,000; and
WHEREAS, the City has obtained a federal grant in the amount of
$554,243 for the purpose of completing these and other improvements; and
WHEREAS, the County has agreed to allow its contribution to be used as
matching funds for the City's federal grant; and
Resolution No. 3793
December 7, 2004
Page 1
WHEREAS, the City and County are authorized, pursuant to RCW
Chapter 39.34, to enter into an interlocal government cooperative agreement of
this nature.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to execute an
agreement with King County, in substantial conformity with the agreement
attached hereto, marked as Exhibit "1" and incorporated herein by this
reference.
Section 2. That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of , 2004.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
Resolution No. 3793
December 7, 2004
Page 2
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED A$ TO FORM:
Daniel B. Hei
City Attorney
Resolution No. 3793
December 7, 2004
Page 3
Exhibit 1
Agreement between King County and the City of Auburn for the Construction of
Transit Related Improvements in the City of Auburn
THIS AGREEMENT is made and entered into this day of , 2004, by
and between the City of Auburn, hereinafter called the "City," a municipal corporation of the State of
Washington, and King County, acting through its Department of Transportation, hereinafter called the
"County," both of which entities may be collectively referred to hereinafter as the "Parties."
WHEREAS, the County has prepared a report that identified alternatives for improvements at key
intersections in order to provide improved transit service access to the Auburn Commuter Rail Station;
and
WHEREAS, the City agrees that the improvements at specific intersections will improve traffic
operations and pedestrian circulation, support transit and overall safety and aesthetics; and
WHEREAS, the County and the City have reviewed the alternatives and have agreed to develop a project
to construct improvements at agreed-upon locations; and
WHEREAS, the County has agreed to contribute funding to support construction of project elements that
directly benefit transit operations in the amount of $100,000; and
WHEREAS, the City has obtained a federal grant in the amount of $554,243 for the purpose of
completing these and other improvements; and
WHEREAS, the County has agreed to allow its contribution to be used as matching funds for the City's
federal grant.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the sufficiency of which
is acknowledged, the parties hereto agree as follows:
Section 1. City Responsibilities
1.1 The City will be responsible for the right-of-way acquisition, design, construction, and
acceptance of all improvements identified in Attachment A ("improvements").
1.2 The City shall ensure that the improvements comply with the striping plans, alignment
geometrics, and pavement specifications that the County requires for transit operations. The City
will submit to the County plans for the improvements for review prior to construction. The
County will have the opportunity to review plans at 60%, 90%, and 100%. The City will submit
three (3) sets of half -sized plans on 11" by 17" sheets.
1.3 The City will be responsible for the administration of any contracts it enters into for the
performance of its responsibilities under this Agreement. The City will provide the County with
quarterly progress reports to identify work progress, schedule adherence, and other matters of
significance in the performance of this Agreement. Prior to the issuance of a change order for
items related to striping plans, alignment geometrics, and pavement sections or acceptance of
contractor's work, the City will notify the County and provide the County with the opportunity to
comment on and inspect. However, the County's comments, inspections or approvals of the
improvements under this Agreement shall not relieve the City of its full responsibility for said
improvements.
Exhibit 1
Resolution No. 3793
December 6, 2004
Page 1 of 7
1.4 The City will administer the construction of the improvements and shall have final judgment with
regards to decisions related to the work of the contractor.
Section 2. County Responsibilities
2.1 The County will provide comments on the 60%, 90%, and 100% plan reviews within ten (10)
working days from the receipt of said plans.
2.2 Upon notification by the City of completion of the improvements identified in Section 1, the
County will inspect the improvements consistent with the County approved contract documents
and change orders. If the County finds that any portion of the improvements does not meet the
terms of this Agreement, or any specifications or terms established hereunder, the County will
prepare a punch list of such items and submit it to the City. Work that does not comply with the
agreed upon specifications and terms, except as modified by mutual agreement between the City
and County, will be corrected by the City at no cost to the County. Notice of acceptance will not
constitute acceptance of any unauthorized or defective work or material. The County retains all
rights hereunder and at law to require the City to remove, repair, replace, or dispose of any
unauthorized or defective work or to recover damages for any such work or material.
2.3 The City agrees that the County has no duty with regard to the design and construction of the
improvements and no act or omission of the County, including but not limited to any reviews,
comments, inspections or approvals, shall be construed to create such a duty or incur any liability
with regard to said design and construction.
Section 3. Financing
3.1 The budget for the project is $ $661,037. The County will contribute directly to the City an
amount of $100,000 to support the Project.
The City will invoice the County upon City issuance of final acceptance of the improvements
identified in Attachment A. The County will make payment to the City within thirty (30) days of
receipt of an invoice for work determined to be performed in accordance with the terms of the
Agreement. The County's total payment to the City under this Agreement will be in the amount
of $100,000.
Section 4. Schedule
4.1 The City agrees to complete the work of this Agreement by December 31, 2006.
Section 5. Ownership and Maintenance
5.1 The City will own and maintain all improvements included in the Project.
Exhibit 1
Resolution No. 3793
December 6, 2004
Page 2 of 7
Section 6. Legal Relations
6.1 It is understood that this Agreement is solely for the benefit of the parties hereto and gives no
right to any other party. No joint venture, agent -principal relationship or partnership is formed as
result of this Agreement. No employees or agents of one party or any of its contractors or
subcontractors shall be deemed, or represent themselves to be, employees or agents of the other
party.
6.2 To the maximum extent permitted by law, each party shall defend, indemnify, and hold harmless
the other party and all of its officials, employees, principals, and agents from all claims, demands,
suits, actions and liability of any kind, including injuries to persons or damages to property, that
arise out of, are connected with, or are due to any negligent acts or omissions of the indemnifying
party and/or its contractors, officials, employees, agents and representatives in performing work
under this Agreement; provided, however, that if (and only if ) the provisions of RCW 4.24.115
apply and any such damages and injuries to persons or property are caused by or result from the
concurrent negligence of both parties to this Agreement, or their contractors, officials, employees,
agents and representatives, then in such instance each party's obligation hereunder applies only to
the extent of the negligence of such party or its contractors, officials, employees, agents or
representatives. Each party specifically assumes potential liability for actions brought by its own
employees against the other party and for that purpose only each party specifically waives, as to
the other party only, any immunity under the Worker's Compensation Act, RCW Title 51; and
the parties recognize that this waiver was the subject of mutual negotiation and specifically
entered into pursuant to the provision of RCW 4.24.115.
6.3 The City and the County shall comply and shall ensure that their contractors comply with all
federal, state and local laws, regulations, and ordinances applicable to work and services to be
performed under this Agreement.
6.4 In the event any party incurs attorney's fees, costs or other legal expenses to enforce provisions of
this section against another party, all such fees, costs, and expenses shall be recoverable by the
prevailing party.
6.5 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.
6.6 The provisions of this Section shall survive any expiration or termination of this Agreement.
Section 7. Insurance
7.1 The City shall procure and maintain for the duration of this Agreement Commercial General
Liability insurance against claims for injuries to persons or damages to property, which may arise
from, or in connection with the performance of this Agreement. General Liability insurance shall
be as broad as that provided by Commercial General Liability "occurrence" form CG 0001(ed.
11/88).
Exhibit 1
Resolution No. 3793
December 6, 2004
Page 3 of 7
The insurance limits shall be no less than $1,000,000 combined single limit per occurrence for
bodily injury and property damage and no less than $ 2,000,000 in the aggregate. The required
insurance policy is to be endorsed to: l) name King County, its officers, employees, and agents
as additional insured, and 2) shall not be suspended, voided, canceled, or reduced in coverage or
limits except after 30 days prior written notice to King County.
If Professional Services are to be provided (design, engineering) then Professional Liability
coverage in the amount of $ 1,000,000 per Claim and $ 1,000,000 in the Aggregate shall be
provided.
The insurance provider must be licensed to do business in the State of Washington. The City
must provide a certificate of insurance and endorsement to the County prior to the inception of
this Agreement and upon written request of the County, a duplicate of the policy(s) as evidence of
insurance protection provided.
Contractors and sub -contractors used to perform work under the scope of the agreement shall
meet the insurance requirements listed above as well as maintain]) Commercial Automobile
Liability in the amount of $ 1,000,000 2) Statutory Workers Compensation and 3) Stop Gap
Employers Liability in the amount of $ 1,000,000.
7.2 The City shall require any contractors or sub -contractors that perform work on the design and
construction of the improvements to name the King County, its officers, officials, agents and
employees as additional insureds. The City shall provide the County with certificates and
endorsements of said insurance in advance of the contractors commencing work.
Section 8. Records and Audit
During the progress of the design and construction of all improvements covered by this Agreement and
for a period not less than six (6) years from the date of cornpletion of all improvements, records and
accounts pertaining to the work of this Agreement and accounting therefore are to be kept available for
inspection and audit by representatives of the parties. Copies of the records shall be furnished upon
request and shall be maintained in accordance with a work order accounting procedure prescribed by the
State Auditor's Office.
Section 9. Agreement Duration and Termination
9.1 This Agreement shall take effect upon execution by both parties and shall expire December 3 ],
2006, unless extended by mutual agreement of the Parties or unless terminated in accordance with
the provisions of this Section 9.
9.2 Either party may terminate this Agreement in the event that the other party materially breaches
this Agreement. Written notice of such termination must be given via certified mail by the party
terminating this Agreement to the other party not less than fourteen (14) days prior to the
effective date of termination.
9.3 Failure by either party to require full and timely performance of any provision of the Agreement
at any time shall not waive or reduce the right of either party to insist upon complete and timely
performance of such provisions or any other provision thereafter.
Exhibit l
Resolution No. 3793
December 6, 2004
Page 4 of 7
Section 10. Identification of Contacts at City and County
10.1 The City and the County each agree to appoint a Project Manager to represent the interests of
their respective agencies. The two Project Managers will work collaboratively to implement this
Agreement.
10.2 All official communication concerning this Agreement should be directed to the following Project
Managers:
Laura Philpot David Cantey
Project Manager Project Manager
City of Auburn King County Dept of Transportation
25 West Main St. 201 S Jackson St., MS KSC-TR-041 l
Auburn, WA 98001-4998 Seattle, WA 98104-3856
Any changes in agency contacts from those noted above must be confirmed in writing to the other
party -
Section 11. Entire Agreement
1 l .1 This document contains all terms, conditions and provisions agreed upon by the parties thereto,
and shall not be modified except by written 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 Mayor or designee, and for and on behalf of the County by its General Manager
of the Transit Division or designee. The written provisions and terms of this Agreement, together
with any attached Exhibits, shall supercede all prior verbal statements of any officer or other
representative of either party, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. This document,
including all Exhibits, is the entire agreement between the parties. Should any language in any of
the Exhibits to the Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
Section 12. Assignment
12.1 Any assignment of this Agreement by either party without the written consent of the non -
assigning party shall be void.
Section 13. Modification
13.1 No waiver, alteration, or modification of any of the provisions for the Agreement shall be binding
unless in writing and signed by a duly authorized representative of the City and the County.
Section 14. Severability
14.1 If any provision of this Agreement is held invalid by a court of competent jurisdiction, the
remainder of the Agreement shall not be affected thereby if such remainder would then continue
to serve the purposes and objectives originally contemplated by the parties.
Exhibit 1
Resolution No. 3793
December 6, 2004
Page 5 of 7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written
above.
The City of Auburn
Peter B. Lewis, Mayor
Approved as to Form
Date
By
Daniel B. Heid, City Attorney Date
King County
By
Kevin Desmond, General Manager Date
King County Metro Transit Division
Approved as to Form
am
Dave Regnier
Deputy Prosecuting Attorney
Exhibit 1
Resolution No. 3793
December 6, 2004
Page 6 of 7
Date
Attachment A
TSM Improvements
Scope of Work
Task 1: Auburn Ave. NE and 1" St. NE
• Reconstruct the existing curb, gutter and sidewalk to a 50 foot curb radius
• New ADA curb ramps
• Relocation of traffic signal pole and related appurtenances
Task 2: 1" St. NW and A St. NW
• Reconstruct existing curb, gutter and sidewalk to a 25 foot radius curb return
• New ADA curb ramp
• Relocation of storm drainage facilities
• Restriping roadway as necessary
• Reparation of sidewalk, walkway
Task 3: Division St. and 2"d St. SE
• Reconstruct the existing curb and sidewalk to a 35 foot curb radius and sidewalk
• New ADA curb ramp
• Relocate fire hydrant
• Relocation of storm drainage facilities
Task 4: 37`h St. SE and A St. SE
• Reconstruct the existing curb, gutter and sidewalk to a special 30 foot curb radius with a tangent
section
• New ADA curb ramp
• Relocation of a light pole and appurtenances
• Relocation of storm drainage facilities
• Replace chain link fence
Exhibit 1
Resolution No. 3793
December 6, 2004
Page 7 of 7