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HomeMy WebLinkAbout5120 1 ORDINANCE NO. 5 12 0 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING ORDINANCE 5105 BY AUTHORIZING THE MAYOR 4 TO SIGN A REVISED AGREEMENT NO. GCA 1269 BETWEEN THE CITY AND THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, APPROVING 5 STATE FUNDS AS PROVIDED IN AGREEMENT FOR DESIGN OF THE 3RD STREET SW GRADE SEPARATION PROJECT/SR 18 - C STREET 8 INTERCHANGE IMPROVEMENTS. 7 WHEREAS, the City Council of the City of Auburn must 8 adopt and approve all appropriations by Ordinance pursuant to 9 Chapter 35A.33 RCW; and ]0 WHEREAS, Ordinance No. 5105, passed June 15, 1998, 11 approved a draft of Agreement No. GCA 1269 accepting $1.5 12 million in State funds; and 13 WHEREAS, Agreement No. GCA 1269 has been revised to 14 reflect reimbursement for the cost of plans, specifications, 15 and estimate up to, but not to exceed $198,900; and 18 WHEREAS, the revised Agreement No. 1269 sets forth that 17 the total of the Agreement and any future supplements shall be 18 at least $1,500,000; 19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 20 WASHINGTON, DO ORDAIN AS FOLLOWS: 21 Section 1. Auburn City Ordinance No. 5105, passed June 22 15, 1998, is hereby amended to reflect acceptance of State 23 Department of Transportation funds in the total amount of $1,500,000 for the 3rd Street SW Grade Separation Project and 25 26 Ordinance No. 5120 July 29, 1998 Page 1 ] approves the expenditure and appropriation of $198,900 for 2 plans, specifications, and estimate, and hereby authorizes the 3 Mayor and City Clerk to execute Agreement No. GCA 1269 between 4 the City and the Washington State Department of 5 Transportation, a copy of which is attached hereto as Exhibit 6 "A" and is incorporated herein by reference. The Mayor and 7 City Clerk are also authorized to approve and execute any 8 future supplemental agreements thereto required for 9 expenditure and appropriation of the remainder of the 10 $1,500,000.000 that has been approved by the Washington State ]1 Department of Transportation and completion of phases of the 12 project including but not limited to design, right-of-way, and ]3 construction. 14 Section 2. The Mayor is hereby authorized to implement 15 such administrative procedures as may be necessary to carry 16 out the directions of this legislation. 17 Section 3. This Ordinance shall take effect and be in ]8 force five (5) days from and after its passage, approval and 19 publication, as provided by law. 20 2] 22 23 24 Ordinance No. 5120 July 29, 1998 Page 2 1 2 INTRODUCED: August 17, 1998 3 PASSED: August 17, 1998 4 APPROVED: August 17, 1998 5 CHARLES A. BOOTH 8 MAYOR 9 ]0 ATTEST: 11 13 Danielle E. Daskam City Clerk 14 ]5 APPROVED AS TO FORM: 17 ]8 Michael J. Reynolds, City Attorney 19 20 22 23 25 28 Ordinance No. 5120 July 29, 1998 Page 3 AGREEMENT GCA 1269 THIS AGREEMENT, made and entered into this 2..~'tt' day of ..4~,/(~.s-r, 19.~, between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the "STATE," and the City of Auburn, 25 West Main, Auburn, Washington, 98001, hereinafter called the "CITY;" WHEREAS, .the CITY is planning construction or improvements under a project entitled "SR 18 - C Street Interchange Improvements," hereinafter called the "PROJECT;" and WHEREAS, the CITY has requested that the STATE provide funding for the development of contract documents, right of way acquisition and construction, and WHEREAS, the STATE has acquired funding through ESSB 6456, and WHEREAS, it is deemed to be in the best interest for the STATE to participate in the development of the plans, specifications and estimate in the CITY's PROJECT, and WHEREAS, this agreement will be supplemented to provide for the portions of the STATE's contribution toward the right of way acquisition and construction costs of the CITY's PROJECT, and WHEREAS, the total amount of the agreement and any future supplements shall not exceed $1,500,000, unless additional funding becomes available. NOW, THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and performances contained herein, or attached hereto and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: EXhibit "A", Ordinance No. 5120 1269.02a.agr. doc 1 I GENERAL The CITY agrees to develop the plans, specifications and estimate for the CITY's PROJECT. Plans, specifications and cost estimates shall be prepared by the CITY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction and adopted design standards, unless otherwise noted. The CITY agrees to submit plans and specifications to the STATE for approval prior to advertisement of the PROJECT. II PAYMENT The STATE, in consideration of the faithful performance of the work to be done by the CITY, agrees to reimburse the CITY for the actual direct and related indirect cost of the work up to, but not to exceed $198,900. An itemized estimate of cost for work to be performed by the CITY at the STATE's expense is marked Exhibit "A,' and is attached hereto and by this reference made apart of this AGREEMENT. Partial payments shall be made by the STATE, upon request to the CITY, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of final audit, all required adjustments will be made and reflected in a final payment The CITY agrees to submit a final bill to the STATE within forty-five (45) days after the CITY has completed the work. III RIGHT OF ENTRY The STATE hereby grants and conveys to the CITY the right of entry upon all land which the STATE has interest, within or adjacent to the right of way to the highway, for the purpose of developing contract documents for said improvements. VI LEGAL RELATIONS The CITY shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accord with the laws of Washington. The CITY shall indemnify and hold the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CITY's negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require the CITY to indemnify the STATE against and hold harmless the STATE from claims, demands or suits based solely upon the conduct of the STATE, its agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CITY's agents or employees and (b) the STATE, its agents, officers and employees, this indemnity provisions with respect to (1) claims or suits based upon such negligence (2) the costs to the STATE-of defending such claims and suits shall be valid and enforceable only to the extent of the CITY's negligence or the negligence of the CITY's agents or employees. The CITY's relation to the STATE shall be at all times as an independent contractor. The CITY specifically assumes potential liability for actions brought by the CITY's own employees against the STATE and, solely for the purpose of this indemnification and defense, the CITY specifically waives any immunity under the state industrial insurance law, Title 51 RCW. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. WASHINGTON STATE DEPARTMENT Date ~ssist nt Attorney GenZ /~t/~ ~ ~ i AGREEMENT GCA' 1269 2 SUPPLEMENTAL NO. 1 3 4 THIS AGREEMENT, made and entered into this ~k~ day of AttoV'g,.ta~ae., 1998, 5 between the state of Washington, Department of Transportation, acting by an through the 6 Secretary of Transportation, herein after called the "STATE," and the city of Auburn, 25 West 7 Main, Auburn, Washington 98001, hereinafter called the "CITY"; 8 WHEREAS, the parties entered into AGREEMENT GCA-1269 on August 28, 1998, 9 which provided state funding to the CITY'S Project, "C" Street Interchange at SR 18, not to I0 exceed $1,500,000, and; 11 WHEREAS, the AGREEMENT authorized $198,900 from the STATE to the CITY for 12 PS&E development. 13 NOW, THEREFORE, in consideration of the terms, conditions, covenants, and 14 performance contained herein, or attached and incorporated and made a part hereof, 15 IT IS MUTUALLY AGREED AS FOLLOWS: 16 I 17 GENERAL 18 In addition, the CITY agrees to develop specifications and estimate for the demolition 19 contract for County Assessor Parcel 395440-0005 for the CITY'S project. 20 The CITY agrees to complete early fight-of-way acquisition on state Parcel 1-16525 in 21 accordance with the CITY'S approved fight-of-way procedures. 22 Section II, payment is supplemented as follows: 23 II 24 PAYMENT 25 The STATE, in consideration of the faithful performance of the work to be done by the 26 CITY, agrees to reimburse the CITY for the actual direct and related indirect costs of the work 27 up to, but not to exceed $772,800. 28 An itemized estimate of cost for work to be performed by the CITY at the STATE'S 29 expense is marked Exhibit "A-l," and is attached hereto and by this reference made a part of this 3 0 AGREEMENT. :31 1 I III 2 3 Total remaining funds not authorized from the original agreement of $1,500,000.00, but 4 available at a future date is $727,200.00. 5 All other terms and conditions of the original AGREEMENT shall remain in full force and 6 effect except as modified .by this SUPPLEMENT AGREEMENT. 7 IN WITNESS WHEREOF, the parties have executed this Supplemental No. 1 to 8 Agreement GCA-1269- as of the day and year first-above written. 9 10 CITY OF AUBURN WASHINGTON STATE 11 DEPARTMENT OF TRANSPORTATION By: 14 By: C. har].es A. Bootla Title: 15 Title: N-alzor ~i'A'l'~ 16 .~:~.es~:: 17 ~ 19 By: Danj. e].].e E. Daskam 20 Title: C~.~:y Clerk 23 igtant Attorney Gene;~ 24 -~,-,-~..3 26 Date: 52 2 Agreement GCA-1269 AGREEMENT GCA-1269 SUPPLEMENTAL NO. 2 THIS AGREEMENT, made and entered into this -<;:')'/-, day of A~;, ~l , 1999, between the State of Washington, Department of Transportation, acting by an through the Secretary of Transportation, herein after called the "STATE," and the City of Auburn, 25 West Main St., Auburn, Washington 98001, herein after called the "CITY"; WHEREAS, the parties entered into AGREEMENT GCA 1269 on August 28, 1998 which provided STATE funding to the CITY's Project, "C" Street InterChange at SR 18, not to exceed $1,500.000, and WHEREAS, the AGREEMENT authorized $198,900 of the $1,500,000 to be used by the CITY for PS&E development, and WHEREAS, the parties entered into Supplement I to GCA 1269 on November 9, 1998 which authorized at total of $772,800 of the $1,500,000 to be used for continued PS&E development, development of specifications and estimates for the demolition contract for the County Assessor Parcel 395440-0005 and completion of early right of way acquisition on state Parcel 1-16525, and; WHEREAS, it is now desirable to further supplement Agreement GCA 1269 to complete right-of-way acquisition remaining for the project in accordance with the CITY's approved right-of-way procedures and complete demolition of buildings on total parcel acquisitions. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL In addition, the CITY agrees to complete right-of-way acquisition remaining for the project in accordance with the CITY's approved right-of-way procedures. I Agreement GCA 1269 Supplement #2 The CITY further agrees to complete demolition of buildings on the following total parcel acquisitions as needed for safety and health reasons: State parcel numbers 1-16517, 1-16518, 1-16519, 1-16520, 1-16521, 1-16522, 1-16523, and 1-16534. Section II, payment is supplemented as follows: II PAYMENT The STATE, in consideration for the faithful performance of the work to be done by the CITY, agrees to reimburse the CITY for the actual direct and related indirect costs for the work up to, but not to exceed $1,500,000. An itemized estimate of cost for work to be preformed by the CITY at the STATE's expense is marked Exhibit "A-2,' and is attached hereto and by this reference made a part of this AGREEMENT. All other terms and conditions of the original AGREEMENT shall remain in full force and effect except as modified by this SUPPLEMENT AGREEMENT. IN WITNESS WHEREOF, the parties have executed this Supplemental No. 2 to Agreement GCA-1269 as of the day and year first-above written. CITY OF AUBURN WASHINGTON STATE C~~ DEPARTMENT OF TRANS~PORTATION Title: Mayor By: Danielle E. Daskam ~ss/st t Title: City Clerk Date: ~~hae~ 3. T:Lt:i~: G2Lty Att:orney 2 Agreement GCA 1269 Supplement #2 c~ c~ U. ~9. t~.89-e:1- -~ OC:) ~ N('O (1)(./.) ~E ~',:',-,-- oo.