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Home My WebLink About2285 . ~ 1 RESOLUTION NO. 2 2 8 5 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN 4 AGREEMENT WITH KING COUNTY FOR THE CONSTRUCTION AND DESIGN OF A TRAFFIC CONTROL SIGNALIZATION SYSTEM AND CHANNELIZATION 5 IMPROVEMENTS AT THE INTERSECTION OF EAST VALLEY HIGHWAY SOUTH (AUBURN WAY NORTH) AND SOUTH 277TH STREET (52ND STREET 6 NORTHEAST). 7 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 8 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: 9 Section i. The Mayor and City Clerk of the City of 10 Auburn are hereby authorized to execute an Agreement with King 11 County for the design and construction of a traffic control 12 signalization system and channelization improvements at the 13 intersection of East Valley Highway South (Auburn Way North) 14 and South 277th Street (52nd Street Northeast). A copy of 15 said Agreement is attached hereto as Exhibit "A" and is 16 incorporated herein 17 Section 2. The Mayor is hereby authorized to implement 18 such administrative procedures as may be necessary to carry 19 out the directives of this legislation. 20 21 22 23 24 25 26 Resolution No. 2285 February 25, 1992 Page 1 1 2 DATED and SIGNED this 2nd day of March, 1992. 3 4 5 CITY OF AUBURN 6 7 8 M A Y O R 9 10 11 ATTEST: 12 13 14 Robin Wohlhueter, City Clerk 15 16 17 APPROVED AS TO FORM: 18 19 20 Ste hen R. Shelton, City Attorney 21 22 23 24 25 26 Resolution No. 2285 February 25, 1992 Page 2 ORIGINAL A G R E E M E N T AN AGREEMENT for the design and construction of a traffic - eontrol signalization system and channelization improvements at the intersection of East Valley Highway South (Auburn Way North) and South 277th Street (52nd Street Northeast) being partially in the City and partially in King County. THIS AGREEMENT, made and entered into this ~ day of , 1992, by and between KING COCU TY, Washington, a pol cal subdivision of the State of Washington, hereinafter referred to as the "County", and the CITY OF AUBURN, a municipal corporation duly organized and existing by virtues of the laws of the State of Washington, hereinafter referred to as the "City". WITNESSETH WHEREAS, the parties to this agreement each have power to perform the terms and conditions of this agreement; and ` WHEREAS, the County has widened East Valley Highway South from the City of Kent's incorporated limits south to the City of Auburn's incorporated limits; and WHEREAS, the City is planning construction of improvement of South 277th Street (52nd Street Northeast) westerly of the intersection with East Valley Highway South (Auburn Way North); and WHEREAS, the City has retained a consulting firm which has provided a coordinated design•fo,r the intersection improvements; ~ and WHEREAS, it would be in the best interest of all parties to ~ coordinate the design and construction of the intersection ~ improvements. ' WHEREAS, an agreement for design and construction of said improvements was entered into between The City and County on the 8th Day of April 1987, herein referred to as "Exhibit A", and ~ WHEREAS, said agreement requires amendment to reflect ~ changed conditions. NOW, THEREFORE, the City and County mutually agree to amend ~ said "Exhibit A" by substitution and that upon execution of this ~ agreement the "Exhibit A" shall be void and no longer iri force; and THEREFORE, in consideration of promises and their mutual and ~ dependant agreements, tne parties hereto agree as follows: ~ SECTION I. SCOPE OF WORK ~ Intersection improvements at the intersection of East Valley Highway South (Auburn Way North) and South 277th Street (52nd AGREEMENT RESOLUTION N0. 2285 February 24, 1992 Page 1 of 3 f Street Northeast), hereinafter referred to as the "projectl', shall include the design and construction of a signalization • •system along with necessary channelization improvements. SECTION II. ADMINISTRATION OF PROJECT For purposes of administration of this project, the City shall act as lead agency on the project. The City shall be responsible for design, construction, construction management and any additional work required to furnish a complete project, provided however, that all substantive decisions regarding the project be reviewed and approved by the County prior to implementation by the City. SECTION III. CONSTRUCTION PLANS The City and the County shall participate equally in defining the scope of the project including final approval of project design. The City shall furnish the county with construction drawings as necessary for review and approval by the County. The County agrees to return said drawings approved or with comments noted within ten (10) calendar days to avoid delay on the project. SECTION IV. FINANCIAL RESPONSIBILITY The County shall be responsible for 54$ and the City shall be responsible for 46$ of the total project costs. The County agrees progress payments will be made upon request by the City to cover costs incurred. These requests are not to be more frequent than one per month and payment will be made within thirty (30) days of receipt of each invoice. It is agreed that payment of any partial claim will not constitute agreement as to the appropriateness of any item, and that at the time of final settlement, all required adjustments will be made and reflected in the final payment. In the event that such final adjustments constitute an overpayment, the City agrees to refund such overpayment to the County. SECTION V. PERMITS The City hereby agrees to obtain any permits required for the project. The County agrees to support any permit applications made by the City. . AGREEMENT RESOLUTION N0. 2285 February 24, 1992 f Page 2 of 3 SECTION VI. OWNERSHIP AND MAINTENANCE . Upon completion of the project, the signalization system shall be owned and operated by the City. SECTION VIZ. LIABILITY The County agrees to indemnify and save harmless the City of Auburn, its appointed and elective officers and employees, from and against all loss or expense, including attorney's fees and costs, by reason of liability imposed by law upon the County, its elected or appointed officials or employees for damages because of bodily injury including death at any time resulting therefrom sustained by any person or persons and on account of damage to property including loss of use thereof, arising out of or in consequence of the performance of this work whether such injuries to persons or damage to property is due to the negligence of the City, King county, its appointed or elected officers, employees, or their agents, except only such injury or damage as shall have been occasioned by the sole negliqence of the City, its appointed or elected officials or employees. IN WITNESS WHEREOF, the county and the City have executed this Agreement as of the date first above written. KING COUNTY CITY OF AUBURN STATE OF WASHINGTON STATE OF WASHINGTON King County Executive Mayor i ~ Signed this day of ' ~~day of , 1991 , 199e-d- Approved as to form: Attest: ~ Deputy Prosecuting Attorney City Clerk Date: C Approved as to form: ~Xt t4"' City Attorney ; REF. ST281-66\E91-1304 ~ ~ i AGREEMENT RESOLUTION N0. 2285 February 24, 1992 Page 3 of 3 ~ ~ , 2- -2-~ . caUnty sion of Roads and Engineering Department of Public Works King County Administration Bldg. 500 Fourth Avenue - Room 900 Seattle, WA 981042339 February 16, 1993 Ms. Barbara A. Hill ' Contracts Administrator Department of Public Works City of Auburn 25 West Main Street Auburn, WA 98001-4998 RE: Auburn Rav North/Bouth 277th Btreet Trattio 8ignal Dear Ms. Hill: Thank you for your letter of January 8,1993, transmitting two original agreements and addendwn for the subject project. ~ The County is unable to execute the enclosed agreement and is returning it to you. j County Ordinance 7789 requires that all desiqn and construction contracts provide set aside goals or a percentage factor for minority and women business enterprises participation. Without the inclusion of the County's nondiscrimination language in the interagency agreement ensuring compliance with the County Ordinance, the agreement will not be approved by the Office of Civil Rights and Compliance and cannot be forwarded to the King County Executive for signature. In the future, to ensure joint funding of projects, interagency agreements should be executed by all parties prior to the start of design or construction. If you have any questions, please contact Mike Gillespie, Managing Design Engineer, at 296-6530. Sincerely, 0 / a . William S. Vlcek, .E. Manager Engineering Services Section WSV:MB:dgs Enclosure cc: Louis J. Haff, County Road Engineer Mike Gillespie, Managing Design Engineer f v C1 :c; ~ ..i • OFFICE OF THE CIT'Y MAYOR CITY ADMINISTRATION Charles A. Booth, Mayor 25 West Main, Auburn, WA 98001 (206) 931-3041 Fax: (206) 931-3053 ~ STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2285 of the resolutions of the City of Auburn, entitled "RESOLUTION NO." I certify that said Resolution No. 2285 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 2nd day of March, 1992. Witness my hand and the seal of the City of Aulourn this 5th day of July, 1996. , Robin Wohlhueter City Clerk City of Auburn ✓ V_