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ORDINANCE NO.
4877
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE ACCEPTANCE OF A TPJ~NSPORTATION
IMPROVEMENT ACCOUNT GRANT FUNDS AND THE ACCEPTANCE OF ISTEA
GRANT FUNDS FOR THE SOUTH 277TH STREET RECONSTRUCTION PROJECT
TRANSFERRING FUNDS PREVIOUSLY ACCEPTED BY ORDINANCE NO. 4831.
WHEREAS, the City Council of the City of Auburn must
adopt and approve all appropriations by Ordinance pursuant to
Chapter 35A.33 RCW; and
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
ORDAIN AS FOLLOWS:
~ Pursuant to Chapter 35A.33 RCW, the City
Council hereby approves the expenditure and appropriation of
Transportation Improvement Account (TIA) Grant funds in the
amount of $545,232.91 for pre-design and the acceptance of
Federal ISTEA Grant Funds in the amount of $400,000 for right-
of-way, for the South 277th Street Reconstruction Project.
The Transportation Improvement Board (TIB) funds will be
transferred from King County by Interagency Agreement.
Project funds previously authorized by City of Auburn
Ordinance No. 4831 on February 5, 1996, included ISTEA funds
of $500,000 for pre-design and $78,035 from the 102 Gas Tax
Fund for project administration and pre-design. A copy of
Ordinance No. 4877
June 12, 1996
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said Interagency Agreement is attached hereto as Exhibit "A"
and is incorporated herein by reference.
~ The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation'
~ This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
Ordinance No. 4877
June 12, 1996
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APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published:
Ordinance No. 4877
June 12, 1996
Page 3
AN
INTERAGENCY AGREEMENT
BETWEEN METROPOLITAN KING COUNTY AND
THE CITY OF AUBURN
RELATING TO THE PREDESIGN COORDINATION FOR THE
SOUTH 277TH STREET IMPROVEMENTS
AGREEMENT
THIS AGKEEMENT is hereby entered into by King County, hereinafter known as the "County",
a political subdivision of the State &Washington, and the City of Auburn, hereinafter known as
the "City" a municipal corporation of the State of Washington, for the purpose of performing
programmatic and other predesign work to determine a mutually agreed upon scope of work for
improvements to South 277th Street between the West Valley Highway (formally known as State
Route 181) and Auburn Way North (also known as Central Avenue or 83rd Aven.e South),
hereina~er called the "Project". Subject to approval of a mutually agreed upon scope, the work
performed can be expanded with Supplemental Agreement(s) to include completion of
engineering plans, specifications and estimates for the project described above.
WITNESSETH
WHEREAS, the County and the City agree that South 277th Street road improveraents would
provide a critical link in the regional transportation system; and
WHEREAS, the King County Green River Valley Community Plan, the County Transportation
Plan, and the County Transportation Needs Report have identified the need for road
improvements to South 277th Street; and
WHEREAS, the City of Auburn Transportation Improvement Plan has identified the need for the
road improvements to South 277th Street; and
WHEREAS, the County has an approved Transportation Improvetnent Board (TIB),
Transportation Improvement Account (TIA) grant for an Environmental Impact Study for the
South 277th Street corridor between West Valley Highway and State Route 18; and
WHEREAS, it is the mutual best interest of the City and County that the remaining (TIA) funds,
(Est. $500,000) be transferred to the City, and
WHEREAS, the City has obtained an ISTEA grant for $900,000 for predesign and right-of-way
activities; and
WHEREAS, these funds (TIA and ISTEA) are sufficient to pay all cost associated with the
predesign work; and
WHEREAS, County funds, other than TIA transfer, are not required for the predesign phase of
the project; and
WHEREAS, the Countywide Planning Policies, adopted and approved by the Metropolitan King
County Council and ratified by cities within the County, include policies calling for collaboration
between the County and the cities that have designated potential annexation areas within the
Urban Growth Area established pursuant to the Growth Management Act, in order to provide
urban services and facilities within the potential annexation areas; and
WHEREAS, it is in the best interest of all parties to establish the City of Auburn as the lead
agency to coordinate this project to provide for the design and construction of the project; and
NOW, THEREFORE, it is hereby covenanted and agreed by and between the parties hereto as
follows:
I. SCOPE OF WORK
The scope of work is to develop a mutually agreed upon definition of
improvements for the project, and potentially to prepare engineering design and
right-of-way plans, for the reconstruction of South 277th Street from Auburn Way
North west to West Valley Highway. The City shall perform all design and
engineering services for the Project, in accordance with all applicable standards.
After consulting with the County, the product of the first phase of the project will
be a mutually agreed upon scope of work and NEPA checklist. Subsequent
supplement agreements and cost estimates will be required prior to beginning the
design, right-of-way acquisition, if needed, for this report.
II. TERMS AND CONDITIONS
The City shall be the lead agency for the Project and shall be the lead agency with
regard to pre-design, SEPA review, coordination with Washington State
Department of Transportation, and other matters pertinent to accomplishment of
the Scope of Work.
The County agrees to request that the TIB transfer the remaining TIA funds to the
City, without restriction, other than provided by this Agreement. Said funds shall
be used in accordance with agreement with the TIB and for Predesign purp. O~,q
only.
The City shall be responsible for coordinating the public information and
involvement process and shall work with the County to develop the Public
Involvement Plan. The County shall be given the opportunity to attend and
participate in any public meetings. The County shall designate a single staff
representative for coordination.
The provisions of this Agreement will be managed by a Project Team composed of
the designee of the King County Executive and the designee of the Mayor of the
City of Auburn, with additional staffto be determined by each party. These
contact persons will meet on an "as needed" basis to provide guidance for the
Project and serve as a coordination body between the two agencies and will
develop procedures and records as required to accomplish the work of this
Agreement.
The Project Team will use consensus to reach agreements. In the event consensus
cannot be reached by the Project Team on an issue, the parties will first seek
resolution by:
Auburn Director of Public Works and/or City Engineer and King
County Director of the Department of Transportation and/or
County Road Engineer.
The final acceptance of the Project predesign report shall be by the City after
review and approval by the County.
G. The City will keep the County appraised of the schedule for the Project.
HI. CONTRACT ADMINISTRATION
The City shall provide the necessary engineering, administrative, and clerical
services necessary for the execution of the Project. In providing such services, the
City Engineer may exercise all the powers and perform all the duties vested by law
in him.
The City will at all times keep the County advised as to the progress of said
Project, and shall not order or approve any changes in the approved project scope
which substantially change the nature of said project without first consulting the
County.
The County hereby grants right-of-entry into the unincorporated limits of the
County right-of-way for the purpose of performing any and all tasks necessary to
complete the Project. Specific rights for parcels must be obtained from property
owners.
The City assumes sole responsibility for management of the grant funds during
predesign of the project. The City agrees to reimburse the County and the
WSDOT for work in support of the predesign. Scope of services and budget to be
provided by the County and State are to be agreed upon in advance and approved
by the City. No payment to the County or WSDOT will be made from grant funds
that have not been approved by the City.
All parties will work to arrive at a common corridor design standard fbr the basis
of planning. In the event a mutually agreed standard cannot be reached, it is
understood that the study will utilize the standards of the jurisdiction concerned.
IV. RELATIONSHIP TO EXISTING LAWS AND STATUTES
This Agreement is in no way intended to modify or supersede existing laws and statutes
and shall be construed in a manner which is consistent therewith. In meeting the
commitments encompassed in this Agreement, all parties will comply with the
requirements of the annexation statutes, Open Meetings Act, State Environmental Policy
Act, Growth Management Act, the King County Countywide Planning Policies, the King
County Comprehensive Plan and any other applicable laws and regulations.
V. NON-DISCRIMINATION
This Section V shall only apply to those persons and entities hired, retained or otherwise
employed by the City as a direct result of the implementation of this Agreement.
General
During the performance of this agreement/contract, neither the City nor any party
subcontracting under authority of this agreement/contract shall discriminate on the
basis of race, color, sex, religion, national origin, creed, marital status, sexual
orientation, age, or the presence of any sensory, mental or physical handicap in
employment or application for employment or in the administration or delivery of
services or any other benefits under this agreement/contract.
The City's hiring practices pertaining to engineering and other design consultants
under this agreement/contract shall comply fully with Auburn City Code, Chapter
13.14, and all applicable federal, state and local laws, ordinances, executive orders
and regulations which prohibit such discrimination. These laws include, but are
not limited to RCW 49.60, Title VI and VII of the Civil Rights Law of 1964,
Section 504 of the Rehabilitation Act of 1973, Executive Order 11246 issued by
the President of the United States.
VI. DURATION/TERMINATION
This agreement will become effective upon the signing of this agreement by both
parties, and will remain in effect until terminated by 30 days advance written notice
by either party.
In the event of termination prior to completion of the objectives of this agreement,
all direct and indirect phasing-out costs shall be paid by the party requesting
termination.
O)
Termination costs claimed shall not exceed the actual costs incurred as a
result of termination of the project.
(2)
Each party will be liable only for payment in accordance with the terms of
this agreement for their fair share of the project costs incurred prior to the
effective date of termination; and
(3)
The other party shall be released from any obligation to provide further
services pursuant to the agreement.
This agreement contains the entire written agreement of the parties and supersedes
all prior discussions. This Agreement may be amended, altered, clarified or
extended only in writing, signed by both parties.
VII. INDEMNHZlCATION AND HOLD HARMLESS
Each party hereto agrees to indemnify and hold harmless the other party, and its officers,
agents and employees, for all claims (including demands, suits, penalties, losses, damages
or cost of any kind whatsoever) to the extent such a claim arises or is caused by the
indemnifying party's own negligence or that of its officers, agents or employees in
performance of this agreement.
VIII. OTHER PROVISIONS
The City shall be deemed an independent contractor for all purposes and the
employees of the City or any of its contractors, subcontractors and the employees
shall not in any manner be deemed to be employees or agents of the County.
No liability shall attach to the City or the County by reason of entering into this
agreement except as expressly provided herein.
Waiver of any default shall not be deemed to be a waiver of any subsequent
default. Waiver of breach of any provision of the agreement shall not be deemed
to be a waiver of any other subsequent breach and shall not be construed to be a
modification of the terms of the agreement unless stated to be such through written
approval by the non-breaching party which shall be attached to the original
agreement.
Each party shall retain ownership and usual maintenance responsibility for the road
and sidewalk within their jurisdiction.
IN CONSIDERATION of the mutual benefits accruing herein, the parties hereto agree that the
work as set forth herein will be performed by the City under the terms of this agreement.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day
and year last written below.
KING COUNTY, WASHINGTON
Direct~¢epartment of Transportation
CITY OF AUBURN
Director of Pubhc Works
Date
APPROVED AS TO FORM:
l~uty Prosecutifig Attorney
! '~ Date
APPROVED AS TO FORM:
City Attorney
Date
REF. H:~PROJ~PR562-14~E96-393