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
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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.
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2]
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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
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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
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