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HomeMy WebLinkAbout12-20-2004 ITEM VIII-B-3CITY OFfi IU �* m m m� � a a� 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