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HomeMy WebLinkAboutITEM VIII-B-4AGENDA BILL APPROVAL FORM 10 WRN' WASHINGTON Agenda Subject: Date: A resolution of the City Council authorizing the Mayor to enter into an November 10, 2008 interlocal agreement with Pierce Transit and Sound Transit for Lakeland Hills feeder service for one year startin February 9, 2009 Department: Attachments: Budget Impact: Public Works Resolution No. 4417 and Agreement $ 0 Administrative Recommendation: City Council adopt Resolution No. 4417. Background Summary: The City of Auburn, Pierce Transit, and Sound Transit have agreed to jointly fund a peak-hour commuter shuttle from the Lakeland Hills area to the Auburn Station, timed to meet the arrival and departure of the Sounder trains. The service will operate from February 9, 2009 to February 7, 2010. The operating and capital costs for the project are estimated at $350,612. Each partner is committing to fund one-third of the cost. Auburn's estimated cost-share would be $116,871. The service is designed to alleviate some of the parking demand at the Auburn garage by providing an alternative for residents of the Lakeland Hills area to reach the Auburn Station. In addition, the service is intended to make transit a more attractive and viable option for this area, which currently has no transit service. Because part of the service area is in Pierce County, Pierce Transit has agreed to operate the service and share equally in the cost. After one year, the service would continue for a five-year period through an agreement between Metro Transit, Pierce Transit, and Auburn. In total, the service will be funded through these two partnerships for a six-year period. W1117-7 A1.16, 03.3.11 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 ? Legal ? Police ? Planning Comm. ? Other ® Public Works ? Human Resources Action: Committee Approval: ?Yes ?No Council Approval: ?Yes ?No Call for Public Hearing Referred to Until / Tabled Until Councilmember: Wagner Staff: Dowd Meeting Date: November 17, 2008 Item Number: VIII.B.4 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 4417 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH PIERCE TRANSIT AND SOUND TRANSIT FOR IMPLEMENTATION OF THE LAKELAND HILLS FEEDER SERVICE FOR ONE YEAR EFFECTIVE FEBRUARY 9, 2009 WHEREAS, there is great demand for parking at the Auburn Station; and WHEREAS, there is a benefit in providing alternative methods for commuters to reach the Auburn Station other than driving and parking single-occupancy vehicles; and WHEREAS, riders and potential riders in the Lakeland Hills area have expressed a desire for transportation services to make regional connections; and WHEREAS, the City of Auburn, Sound Transit, and Pierce Transit have agreed to share service costs for providing a commuter shuttle linking the Lakeland Hills area to the Auburn Station during the peak commute hours; and WHEREAS, the Lakeland Hills feeder service will commence on February 9, 2009 and operate for one year in partnership with Pierce Transit and Sound Transit; and WHEREAS, the Lakeland Hills shuttle service will continue starting in 2010 for a period of five years through a partnership with Metro Transit and Pierce Transit; and WHEREAS, the Pierce Transit Board of Commissioners passed Resolution 08- 035 on October 13, 2008 committing to the Lakeland Hills feeder service; and WHEREAS, the estimated capital and operating costs for one year of service is $350,612, and the City is responsible for one-third or $116,871 of the project cost. Resolution No. 4417 November 10, 2008 Page 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to enter into an agreement with Pierce Transit and Sound Transit to implement the Lakeland Hills feeder service from February 9, 2009 to February 7, 2010, in substantial conformity with the Interlocal Agreement for Lakeland Hills Service, attached hereto 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 , 2008. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk Resolution No. 4417 November 10, 2008 Page 2 APPROVED AS TO FORM: @gniel B. Heid, City Attorney Resolution No. 4417 November 10, 2008 Page 3 Intedocal Agreement for Lakeland Hills Service City of Auburn Sound Transit Pierce Transit This interlocal agreement is made by and between the Pierce County Public Transportation Benefit Authority, herein after referred to as Pierce Transit, the Central Puget Sound Regional Transit Authority, herein after referred to as Sound Transit, and the City of Auburn, all of which entities maybe referred to hereinafter individually as "Party" or collectively as the "Parties." Whereas, Pierce Transit, Sound Transit and the City of Auburn have identified a need for transit service from the Lakeland Hills area to the Auburn Sounder Station; and Whereas, the Parties desire to enter into a one year agreement to provide such transit service with the service commencing in 2009; and Whereas, King County has selected this as a Transit Now project commencing in 2010 for a period of up to five years; Now therefore the Parties agree as follows: 1. PURPOSE OF AGREEMENT 1.1 The purpose of this agreement is to enter into a mutually beneficial contractual relationship to provide new transit service in the Lakeland Hills area (located in both King County and Pierce County) and serving the Auburn Sounder Station. Such service is described in Attachment A to this contract. Attachment A is incorporated herein and made a part of this Agreement by this reference. 1.2 This agreement establishes the responsibilities of the Parties in relation to the transit service partnership, including methods for financing, implementing, improving and terminating the partnership. 2. PIERCE TRANSIT'S RESPONSIBILITIES 2.1 Pierce Transit will provide and maintain the vehicles and operate the service as described in Attachment A. 2.2 Pierce Transit will contribute the financial share as described in Attachment A. 2.3 Pierce Transit will contribute the transit service enhancements as described in Attachment A. 3. CITY OF AUBURN'S RESPONSIBILITIES 3.1 The City of Auburn will contribute the financial share as described in Attachment A. 3.2 The City of Auburn will contribute via payment of quarterly billings from Pierce Transit as specified in Section 7 of the Agreement, one-third of the fully allocated cost of the transit service described in Attachment A. Based on the final rate, Pierce Transit may reimburse the City of Auburn and Sound Transit if the rate is less than estimated or bill for additional costs if the final rate is higher than estimated. 3.3 The City of Auburn will contribute the transit service enhancements as described in Attachment A. 4. SOUND TRANSIT'S RESPONSIBILITIES 4.1 Sound Transit will contribute the financial share as described in Attachment A. 4.2 Sound Transit will contribute via payment of quarterly billings from Pierce Transit, as specified in Section 7 of the Agreement, one-third of the fully allocated cost of the transit service described in Attachment A. Based on the final rate, Pierce Transit may reimburse the City of Auburn and Sound Transit if the rate is less than estimated or bill for additional costs if the final rate is higher than estimated. 4.3 Sound Transit will contribute the transit service enhancements as described in Attachment A. 5. COST OF SERVICE The estimated cost of service is based on Pierce Transit's cost allocation model for "blended" (both directly operated and contracted) SHUTTLE service for 2008 as outlined in Exhibit I to Attachment A. 6. PERIOD OF AGREEMENT This agreement covers the time period when the service commences on February 8, 2009 and runs through February 7, 2010. 7. INVOICES/PAYMENT PROCEDURES 7.1 Pierce Transit will invoice the City of Auburn and Sound Transit quarterly for their contribution, for the transit service provided for herein. Billings will be based on the 2008 cost allocation rate applied to actual hours of service provided. Service hours include deadhead hours. 7.2 An estimate of the total service costs based on scheduled service hours is shown in Attachment A. 7.3 The City of Auburn and Sound Transit shall make payment within thirty (30) days after receipt of an invoice. 7.4 Pierce Transit will determine the final rate of the cost allocation formula in late spring 2010. Based on the final rate, Pierce Transit may reimburse the City of Auburn and Sound Transit if the rate is less than estimated or bill for additional costs if the final rate is higher than estimated. 8. INDEMNIFICATION AND LEGAL RELATIONS 8.1 It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other person or entity. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of one Party or its contractors or subcontractors shall be deemed, or represent themselves to be, employees, agents, contractors or subcontractors of the other Party. 8.2 Each Parry shall comply, and shall ensure that its contractors and subcontractors, if any, comply with all federal, state and local laws, regulations, and ordinances applicable to the work and services to be performed under this Agreement. 8.3 Each Parry shall protect, defend, indemnify and save harmless the other Parry, its elected officials, officers, officials, employees and agents while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards -of damages, arising out of or in any way resulting from each Parry's own negligent acts or omissions. Each Party agrees that it is fully responsible for the acts and omissions of its own subcontractors, their employees and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. Each Party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them 8.4 Each Party's rights and remedies in this Agreement are in addition to any other rights and remedies provided bylaw. 8.5 This Agreement shall be interpreted in accordance with the laws of the State of Washington. The Superior Court of King County, Washington, located in Seattle, Washington, shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. (?) Pierce County 8.6 The provisions of this section shall survive any termination of this Agreement. 9. CHANGES AND MODIFICATIONS This Agreement may be amended or modified only by prior written agreement signed by the Parties hereto. 10. TERMINATION OF AGREEMENT 10.1 Any of the parties may terminate this Agreement, in whole or in part, for any reason provided, however, that insofar as practicable, the Party terminating the Agreement will give not less than 135 calendar days prior to Pierce Transit's February, June or September service change, by written notice delivered by certified mail, return receipt requested, of intent to terminate. In so far as possible such termination should be timed with Pierce Transit's February, June or September service change. Such termination shall be by written notice delivered by certified mail, return receipt requested, of intent to terminate. 10.2 If either the City of Auburn or Sound Transit terminate, the terminating party will pay Pierce Transit a pro-rated amount for services performed in accordance with the Agreement to the date of termination. 11. FORCE MAJEURE Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by a cause beyond its control, including, but not limited to: any incidence of fire, flood, earthquake or acts of nature; strikes or labor actions; commandeering material, products, or facilities by the federal, state or local government; and/or national fuel shortage; when satisfactory evidence of such cause is presented to the other Party, and provided further that such non-performance is beyond the control and is not due to the fault or negligence of the Party not performing. In no event, however, shall this provision eliminate the obligation to make payment to the County for work performed in accordance with this Agreement. 12. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing, signed by authorized Parties and attached to the original Agreement. 13. ASSIGNMENT This Agreement shall be binding upon the Parties, their successors, and assigns; provided, however, that neither Party shall assign nor transfer in any manner any interest, obligation or benefit of this Agreement without the other's prior written consent. 14. NO THIRD PARTY BENEFICIARIES Nothing in this Agreement, express or implied, is intended to confer on any person or entity other than the Parties hereto and their respective successors and assigns any rights or remedies under or by virtue of this Agreement. 15. MUTUAL NEGOTIATION AND CONSTRUCTION This Agreement and each of the terms and provisions hereof shall be deemed to have been explicitly negotiated between, and mutually drafted by, the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either Party. 16. ALL TERMS AND CONDITIONS This Agreement merges and supersedes all prior negotiations, representations and agreements between the Parties related to the subject matter hereof and constitutes the entire agreement between the Parties. This Agreement may be amended only by written agreement of the Parties. This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. 17. CONTACT PERSONS The Parties shall designate a contact person for purposes of sending inquiries and notices regarding the execution and fulfillment of this Agreement. City of Auburn Contact Name Tiffin Goodman Title Transportation Planner Address 25 West Main Street Auburn, WA 98001 Telephone 253 931-3010 Fax 253 931-3053 E-Mail tgoodman@aubumwa.gov Sound Transit Contact Name Jim Moore Title Project Manager Address 401 South Jackson Street Seattle, WA 98104 Telephone 206 398-5045 Fax 206) 689-3360 E-Mail jim.moore@soundtransit.org Transit Contact Name Kell Ha en Title Director of Planning Address P.O. Box 99070 Lakewood, WA 98496-0070 Telephone 253 984-8217 Fax 253 581-8075 E-Mail khayden@piercetransit.org 18. Each Parry warrants and represents that its execution of this Agreement has been authorized by its governing body via ordinance or motion. 19. Effective Date. This Agreement shall take effect when it is signed by all the Parties hereto. IN WITNESS WI-IEREOF the Parties hereto have executed this Agreement on the day of , 2008. SOUND TRANSIT CITY OF AUBURN By: By. Title: Title: Date: Date: PIERCE TRANSIT By. Title: Date: Attachment A Direct Financial Partnership Scope of Work Lakeland Hills Service City of Auburn Pierce Transit Sound Transit I. Monetary Contributions: Monetary contributions are defined in Exhibit 1 to this Attachment A and are described below: A. The actual annual costs the Parties agree to pay under this interlocal agreement shall be determined in accordance with Section 5 of this Agreement. B. The City of Auburn and Sound Transit each agree to contribute one third of the costs of the service based on Pierce Transit's fully allocated rate for "blended" " (both directly operated and contracted) SHUTTLE service. Pierce Transit will provide three 25 foot transit "Bus Plus" vehicles (two active and one spare) for the service with an agreed upon value of $58,435.72. In addition, Pierce Transit agrees to contribute the difference between the agreed upon cost of the vehicles and one third of the service cost. Based on Exhibit I, the City of Auburn's estimated cost is $116,871. Sound Transit's estimated cost is $116,871 and Pierce Transit's estimated cost is $116,870, of which $58,435 is for service and $58, 435 is for vehicles.. These financial contributions will be for service and vehicles on a new Lakeland Hills commuter route as defined in Service Description of this Attachment A. If actual costs exceed the estimated amount, the partners will be liable for the higher cost. Pierce Transit will make every effort to monitor the hours of service provided to assist in determining if cost increases appear likely. The Parties need to approve any increases in the number of hours of service over hours estimated in this Attachment A. II. Transit Service Enhancements A. City of Auburn: 1. Promotion: Provide promotional materials about service to the Lakeland community. This will be accomplished through: a) Quarterly neighborhood direct mailings. b) Press releases in local newspapers. c) Advertising on local TV 21. d) Bus maps, timetables, and bike maps. e) Assistance in commute planning provided on the City of Auburn web site. 2. Parking Management: a) Provide lead in identifying additional park and ride spaces and securing additional park-and-ride stalls/locations to support the Lakeland Hills feeder service. The City of Auburn will be responsible for the maintenance of any park-and-ride facilities established pursuant to this agreement. 3. Bus Stop Signs: a) The City of Auburn will provide one stop permitting for bus stop signs and station access areas for the project. B. Pierce Transit: 1. Promotion: 1. Pierce Transit will advertise the new service via its normal marketing channels, and will include the service information in Pierce Transit timetables and on Pierce Transit's Web site. 2. Bus Stops: a) Pierce Transit will locate and install bus stop signs. Pierce Transit will maintain bus stop areas. C. Sound Transit: 1. Promotion: a) Sound Transit will advertise the new service via its normal marketing channels and will include the service information on Sound Transit timetables and on Sound Transit's Web site. b) Sound Transit will include promotional advertising at the Auburn Sounder Station. 2. Station Access: 2. Sound Transit will provide area for the Lakeland Hills buses to layover at the Auburn Sounder Station. III. Service Description The new Lakeland Hills feeder service will operate between Lake Tapps Parkway and Auburn Station, with one-way service to the station in the a.m. peak and from the station to Lakeland Hills in the p.m. peak. The intent of the new service is to provide peak service to connect residential areas to the Auburn Station to facilitate transfers to Sounder commuter rail, Sound Transit express bus service and Metro bus service. The service will generally be consistent in scope and service levels with this description but it may vary from this description should the City of Auburn, Sound Transit and Pierce Transit mutually agree to the changes. IV. Service Duration Service under this agreement shall commence on February 9, 2009 and terminate on February 2010. It is the understood that this project will continue in February 2010 under anew partnership agreement with King County, the City of Auburn and Pierce Transit. V. Service Cost Estimate The estimated cost is a planning level estimate based on the hours and miles identified on the spreadsheet attached hereto as Exhibit 1 entitled "Preliminary Cost Estimate" which is incorporated into and made a part of this Agreement by this reference. The actual hours and miles needed to operate the service is determined by Pierce Transit during the scheduling of the service prior to implementation. The actual fully allocated cost may be higher or lower than the estimate provided in Exhibit 1. Below are assumptions that serve as the basis of the service cost estimate: • Total annual hours: 3,848 • Estimated fully allocated annual cost: $292,179 • City of Auburn's estimated annual share of fully allocated annual cost: Forty percent ($116,871 based on 2008 fully allocated annual cost) • Sound Transit's estimated annual share of fully allocated annual cost: Forty percent ($116,871 based on 2008 fully allocated annual cost) • Pierce Transit's estimated annual share of fully allocated cost: Twenty percent ($58,436 based on 2008 fully allocated annual cost) • The cost of service will be determined by Pierce Transit's fully allocated rate for "blended" (both directly operated and contracted) SHUT'IT,E services. • Pierce Transit will retain fare box revenue.