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Home My WebLink About3208 RESOLUTION NO. 3 2 0 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF AUBURN AND METROPOLITAN KING COUNTY FOR THE SOUTH 277TM STREET RECONSTRUCTION AND MILL CREEK RELIEF SEWER/SOUTH 277TM STREET TRUNK (PHASE 3) PROJECTS. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTC)N, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute an Indemnification Agreement between the City of Auburn and Metropolitan King County for the South 277th Street Reconstruction and Mill Creek Relief Sewer/South 277th Street Trunk (Phase 3) Projects. A copy of said agreement is attached hereto, denominated as Exhibit "1" and made a part hereto as though set forth in full herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 3208 04/05/00 Page 1 Dated this 17th day of April, 2000. CITY OF AUBURN CHARLES A. BO"~OTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 3208 04/04/00 Page 2 City of Auburn / Metropolitan King County Indemnification Agreement for the South 277th Street Reconstruction and Mill Creek Relief Sewer/South 277th Street Trunk - Phase 3 Projects WHEREAS, Metropolitan King County, a political subdivision of the State of Washington (the "COUNTY") has designed sewer system improvements known as the "Mill Creek Relief Sewer/South 277tn Street Trunk Project - Phase 3" (S.277tn Street Trunk Project) and desires to construct the improvements within the city limits of the City of Auburn (the "CITY"); WHEREAS, the CITY and the Municipality of Metropolitan Seattle (now Metropolitan King County) have an existing Agreement For Sewage Disposal (March 1, 1974') attached hereto and incorporated herein by this reference as "Exhibit A"; WHEREAS, portions of the COUNTY' s S.277m Street Trunk Project are intended to be constructed, installed, operated, maintained, repaired and used by the COUNTY in the City of Auburn' s right-of-way along South 277tn Street between Auburn Way North and "D" Street Northwest as attached hereto and incorporated herein by this reference as "Exhibit B"; WHEREAS, the CITY plans to commence construction of a substantial road improvement project known as the "South 277th Street Reconstruction Project" over or within the same right-of-way along South 277th Street soon after completion of the COUNTY' s S.277th Street Trunk Project; WHEREAS, the CITY's South 277th Street Reconstruction Project will involve road widening, bridgework to create grade separation between the current railroad tracks and the roadway, and the laying of fill up to depths of approximately thirty feet on m~d over t the CITY's right-of-way in which the S.277 h Street Trunk Project will be sited; WHEREAS, the COUNTY acknowledges it is aware of the CITY's South 277tn Street Reconstruction Project and has taken TM that proj eet's impacts into account in its de;sign and specifications for the COUNTY' s S.277th Street Trunk Project; WHEREAS, the CITY requires that it be released by the COUNTY from claims for damage sustained by the COUNTY' s S.277th Street Trunk Project improvements in whole or in part by the CITY' s construction of the South 277t~ Street Reconstruction Project, unless the damage is caused solely by the negligent acts of the CITY; WHEREAS, the CITY also requires the COUNTY to defend, hold harmless and. indemnify the CITY against third party claims for bodily injury or property dam.age arising out of or resulting from the design, construction, maintenance and operation of the COUNTY' s S.277tn Street Trunk Project; and ResolutiDn 3208 ~diibit Page 1 09/29/99 NOW THEREFORE, in consideration of the mutual covenants contained herein and in the Agreement For Sewage Disposal, it is hereby agreed as follows: SECTION I - SCOPE OF WORK The COUNTY acknowledges that the CITY' s South 277th Street Reconstruction Project will involve the scope of work as identified in the South 277th Street Reconstruction Project (Phase I) 95% Plans and Specifications submitted to Metropolitan King County - Wastewater Treatment Division for review on August 2, 1999. The scope of the CITY' s work includes, but is not limited to: road widening/realignments; structural fill depths of up to 30 feet; mechanically stabilized earth walls; bridge structures over the Burlington Northern Santa Fe and Union Pacific Railroads; stone columns; piles; and utility relocations. SECTION II - DESIGN OF COUNTY PROJECT The COUNTY confirms that the design of the COUNTY' s S.277th Street Trunk Project (as per the construction plans attached hereto and incorporated herein by reference as "Exhibit C") has incorporated the necessary measures to prevent damage to the improvements comprising of the CITY' s South 277th Street Reconstruction Project, or the impairment ofthe operation or function of the CITY' s South 277th Street Reconstruction Project which may be caused in whole or in part by the construction of the COUNTY's S.277th Street Trunk Project. SECTION III - "NO BUILD" CONTINGENCY In the event of "No Build" of the CITY' s South 277th Street Reconstruction Project within 1 year after the construction of the COUNTY' s S.277th Street Trtmk Project, the COUNTY shall restore the road to its pre-construction condition; if requested by the CITY; by use of a pavement section and standards design approved by the CITY'. SECTION IV - RELEASE FROM LIABLITY FOR DAMAGES The COUNTY, for and on behalf of itself and its elected officials, successors and assigns, does hereby release, acquit and discharge the CITY, its elected officials, employees and agents of and from all claims, causes, causes of action, liability, demands, damages, economic loss, costs and expenses including attorneys' fees and court costs, of every kind, nature and description, from damage to the improvements comprising of the COUNTY' s S.277th Street Trunk Project or the impairment of its operation or function which may be caused in whole or in part by the construction of the CITY' s South 277th Street Reconstruction Project; provided that, the release contained in this paragraph shall not be a bar to claims arising out of or resulting from the negligent acts or omissions by the CITY, its elected officials, employees and agents during the construction of 'the CITY's South 277th Street Reconstruction Project. After the CITY' s South 277th Street Reconstruction Project has been completed, if the CITY, its elected officials, employees and agents cause damage to the COUNTY' s facility while working in the Right of Way, ReSOlUtiOn~ 3268 Exhib_'i~ Page 2 09/29/99 the CITY will be responsible for all repairs to the COUNTY' s satisfaction. SECTION V - INDEMNIFICATION AND HOLD HARMLESS To the extent allowed by law, the COLrNTY shall defend, indemnify and hold harmless the CITY, its elected officials, employees and agents from and against any and all suits, claims, actions, losses, costs, expenses of litigation, attomey's fees, penaltieS, and damages of whatsoever kind or nature arising out of, the use of CITY right-of-way to accommodate the COUNTY's S.277th Street Tnmk Project, and/or in connection with or incident to an act or omission of the COLrNTY, its employees, agents, and contractors in the performance of the COUNTY' s obligations in the COUNTY's design, constanaction, installation, maintenance, repair and operation of that portion of the COUNTY' s S.277th Street Trunk Project. In the event of litigation between the parties to enforce the fights under this indemnification, reasonable attorney's fees shall be allowed to the prevailing party. This indemnification prov!sion shall include, but is not limited to, all claims against the CITY by an employee or-former employee of the COUNTY or its contractors or agents and, as to such claims, the COUNTY expressly waives all immunity and limitation of liability under Title 51 RCW. SECTION VI - EMERGENCY RESTORATION A. Where failure of the County's Sewer due to any event results in the impairme:nt of the City's street capacity to carry four lanes of unobstructed traffic as an arterial, the County agrees to bear all cost to emergency restorartion work as necessary to fully restore the street to its permanent design standard. B. When the County or any person acting on behalf of the County, does any work in or affecting any public ways, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to as good a condition as existed before the work was undertaken, unless otherwise directed by the Ci~t. C. If weather or other conditions do not permit the complete restoration required by this section, or other city codes, regulations or policies, the County shall ternporarily restore the affected public ways, other ways, or property. Such temporary restoration shall be at the County's sole expense and the County shall promptly unde~take and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. D. The County shall use suitable barricades, flags, flagmen, lights, flares, and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle, or property by reason of such work in or affecting such public ways. E. The City Engineer shall be responsible for inspection and final approwil of the condition of the public ways following any construction and restoration activities therein. Further, the provisions of this section shall survive the expiration, ResolutiOn. 3208 EXhiSi',t "1"" Page 3 09/29/99 revocation, or termination of the Agreement for Seweage Disposal or the Construction Permit to install the County' s sewer line. SECTION VII - CONSTRUCTION PERMIT NONCOMPLIANCE, In the event that the city believes that grounds exist for termination or revocation of a the County's Construction Permit, the County shall be given written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the County a reasonable period of time not exceeding 30 days to correct the violation or famish evidence as to: A. That corrective action has been, or is being actively and expeditiously pEwsued, to remedy the violation or noncompliance; or B. That rebuts the alleged violation or noncompliance; or C. That it would be in the public interest to impose some penalty or sanction less than revocation. Executed on this 17th day of 2~ril ,~ 2000. The City of Auburn King County Attested: City Clerk A roved As To Form: Approved As To Form: C tt · ity A orney Deputy Pros ~y Reso].utiBn 3208 ~'l: 09/29/99 Exhibit A Agreement for.Sewage Disposal (March 1, 1974) Resolution 3208 F2d~ibit "A" Page 1