HomeMy WebLinkAbout3253 RESOLUTION NO. 3 2 5 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONSTRUCTION AND MAINTENANCE AGREEMENT, GCA
2216, WITH THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION, FOR CITY PROJECT NO. PR529, KNOWN AS SR18/'C'
STREET SW INTERCHANGE AND 3"~> STREET SW GRADE SEPARATION
PROJECT.
WHEREAS, the City of Auburn is improving the Washington State
Department of Transportation's (WSDOT's) existing on/off westbound ramp at
the SR 18 and 'C' Street SW Interchange and modifying the existing Limited
Access boundaries through City Project No. PR529, SR 18/'C' Street SW
Interchange and 3rd Street SW Grade Separation Project; and
WHEREAS, at the completion of the project, the WSDOT will retain
ownership of the limited access facility and the City will have maintenance
responsibilities in accordance with RCW 47.24 and WAC 486-18-050; and
WHEREAS, the City has expressed a desire to maintain additional
elements of the project within the limited access facility to meet the City's
design standards; and
WHEREAS, the City and the WSDOT require clarification of the
responsibilities for the maintenance and construction of the limited access
facility within the PR 529, 3~ Street SW Grade Separation Project.
Resolution No. 3253
'08/18/00
Page 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES THAT:
Section 1. The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute a Construction and Maintenance Agreement, GCA 2216,
with the Washington State Department of Transportation, to clarify the
responsibilities for construction and maintenance of the Limited Access facility
within the PR529, SR 18/'C' Street SW Interchange and 3rd Street SW Grade
Separation Project. A copy of said Agreement is attached hereto and
denominated as Exhibit "1" and incorporated by reference in this Resolution.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
DATED and SIGNED this _,5~day of September, 2000.
CHARLES A. BOOTH
MAYOR
Resolution No. 3253
August 18, 2000
Page 2
ATTEST:
sk~'arrl~
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Resolution No. 3253
August 18, 2000
Page 3
AGREEMENT GCA 2216
SR 18/'C' STREET SW INTERCHANGE & THIRD STREET SW GRADE
SEPARATION PROJECT
This AGREEMENT, made and entered into this 2--/ day of
~:~--, , between the State of Washington, Department of Transportation, acting by
and through the Secretary of the Department of Transportation, hereinafter called the
"STATE" and the City of Auburn, 25 West Main, Auburn, Washington, 98001,
hereinafter called the "CITY".
WHEREAS, the CITY has designed revisions to the existing interchange at State
Route 18 and Third Street SW in a project designated as "SR18/'C' Street SW
Interchange & Third Street SW Grade Separation Project" (also known as "3rd Street
SW Grade Separation Project"), hereinafter called the "PROJECT", and
Whereas the CITY has acquired funds for the PROJECT from a variety of
sources, including but not limited to the Federal Highway Administration (FHWA),
Transportation Improvement Board (TIB), Port of Seattle, Port of Tacoma, Burlington
Northern & Santa Fe Railroad, the STATE, King County, the CITY, and developers, and
WHEREAS, the CITY is an approved "Certification Acceptance" (CA) agency, by
which the STATE has granted the CITY the authority to administer projects which utilize
funds received from FHWA, and
WHEREAS, the CITY has followed the STATE's "Local Agency Guidelines
Manual" (LAG) for design and acquisition of right-of-way for the PROJECT, and
WHEREAS, portions of the PROJECT are within SR-18 "limited access right-of-
way" (L/A), as shown in Attachment "A" to this Agreement, and
WHEREAS, the city has designed elements of the PROJECT within SR-18 L/A
to meet STATE standards, as defined by the STATE's Design Manual, and
WHEREAS, the STATE has approved the CITY's design for those elements of
the PROJECT within SR-18 L/A that are under the STATE's jurisdiction, including SR-
Exhibit 1
2216.05.agr.doc Resolution No. 3253
18 mainline and ramps, and associated structures, supporting fills and drainage,
illumination and all other related elements, and
WHEREAS, the PROJECT includes, but is not limited to, the following
improvements:
1. An elevated grade separation of Third Street SW and the Burlington Northern Santa
Fe Railroad tracks.
2. Realignment and widening of both 'C' Street SW and Third Street SW.
3. Direct ramp connections between SR18, 'C' Street SW and Third Street SW
including five (5) bridge structures. identified as follows:
a) 3rd Street SW / 'A' Street SW Overcrossing
b) 3rd Street SW /'C' Street SW Overcrossing
C) 3rd Street SW / Burlington Northern Santa Fe Railroad Overcrossing
d) 3rd - W Ramp / 'C' Street SW Overcrossing
e) D Line Ramp / Sound Transit Overcrossing
4. Access to the Sound Transit Commuter Rail Station (being constructed by others).
5. Construction of 12 geosynthetic retaining walls and one soil nail wall.
6. Construction/relocation of public water, sanitary sewer, storm sewer; and private
power, cable TV, telephone and other utilities.
7. Construction/modification of traffic signals, roadway and pedestrian lighting, signing,
and channelization.
8. Construction of sidewalks and signalized crosswalks, landscaping & visual
treatments, and,
WHEREAS, the CITY has requested permission from the STATE to administer
construction of the portion of this PROJECT within SR-18 L/A, and
WHEREAS the STATE recognizes the CITY's status as a CA agency and its
demonstrated ability to administer construction responsibly and cooperatively, and
WHEREAS, construction, maintenance and operation responsibilities of
PROJECT need to be defined.
2216.05.agr.doc 2 GCA 2216
NOW THEREFORE, by virtue of RCW 47.28.140 and in consideration of terms,
conditions covenants and performances contained herein, or attached and incorporated
and made a part hereof,
IT IS MUTUALLY AGREED AS FOLLOWS:
I
GENERAL
The CITY shall administer construction of the PROJECT, including all elements
within SR-18 L/A, as shown on Exhibit 'A', and by this reference made a part of this
agreement.
The City Engineer for the CITY shall be responsible for the PROJECT, and shall
assign a project engineer (CITY PE) for this PROJECT. The CITY PE shall administer
the construction contract for the PROJECT in its entirety, both inside of and outside of
SR-18 L/A. The CITY PE shall ensure that the PROJECT is constructed as defined by
the PS&E and any and all subsequent revisions thereto which may be currently
unanticipated, but required during construction.
The South King County Area Administrator for the STATE shall be responsible
for the STATE's interests, and shall also identify a project engineer (STATE PE). The
STATE PE shall oversee the PROJECT from the STATE's perspective to ensure the
STATE's interests are addressed. The STATE PE shall review the CITY's construction
administration procedures, coordinate submittals, reviews and approvals between the
CITY and the STATE, and represent the STATE as the final owner of that portion of the
PROJECT within SR-18 L/A.
The following individuals have been identified by the CITY and the STATE as
project engineers:
STATE PE CITY PE
Joe ScanIon Ingrid Gaub
21851 84th Avenue s. 25 West Main Street
Kent, WA 98032-1958 Auburn, WA 98001
(253)872-2962 (253)804-3113
221S.05.agr.doc 3 GCA 2216
Upon physical completion of the PROJECT and Final Acceptance, as defined in
the LAG Manual, by the STATE, the CITY shall provide the STATE with Record
Drawings for its use for those areas of the PROJECT within SR-18 L/A. These Record
Drawings (also known as "as-built drawings") shall be prepared in conformance with the
current edition of the STATE's Plan Preparation Manual and as described in the Special
provisions for the PROJECT.
For this PROJECT, the CITY shall retain an experienced bridge inspector as the
prime construction inspector for the structures within SR 18 L/A. This experienced
bridge inspector may either be an employee of the CITY, or a consultant, and must
have experience with WSDOT specifications as they relate to bridges and structures.
The CITY must secure approval, which will not be unreasonably withheld, from the
STATE for the specific individual to be utilized in this capacity.
The STATE, as is its practice, shall assume electrical inspection responsibilities
and authority that have been sub-delegated to the STATE by the Washington State
Department of Labor and Industries (L&I) for those electrical installations which will be
maintained by the STATE. These include the following items as defined in the PS&E:
Signal System No. 1; Signal System No. 2 and Illumination System No. 1. In this
capacity, and as representing the interests of L&I and its legally mandated authority, the
electrical inspector may have direct and official communication with the CITY's
contractor and subcontractors. All such communication will be in writing and copies
provided to the CITY PE.
The responsibility of the CITY for performance, safe conduct, and adequate
policing and supervision of the PROJECT shall not be lessened or otherwise affected
by the STATE's approval of plans, specifications, or work or by the presence at the
work site of the STATE's representative(s), or by compliance by the CITY with any
requests or recommendations made by such representative(s).
The CITY has coordinated with the STATE during the development of the PS&E.
Plans, specifications, and cost estimates for PROJECT items within the SR 18 L/A,
have been prepared by the CITY in accordance with the current State of Washington
Standard Specifications for Road, Bridge, and Municipal Construction, and
221e.05.agr.doc 5 GCA 2216
amendments thereto, adopted design standards, and as approved in the PROJECT
Design File. Further, any and all changes and revisions to the SR18 L/A required
during construction will be in accord with these same standards, or as otherwise may
be agreed to and documented.
Plans, specifications, and cost estimates for PROJECT items outside the SR 18
L/A shall be prepared by the CITY in accordance with the Local Agency Guidelines
(LAG) for the State of Washington Department of Transportation.
In construction of this facility, the CITY shall comply with the "Manual on Uniform
Traffic Control Devices for Streets and Highways", current edition. Any closure or
restriction of the highway shall require a STATE approved traffic control plan.
The following PROJECT facilities will be constructed to the City of Auburn's
Design Standards and Specifications within the SR 18 L/A. The CITY will maintain, at
its sole expense, all PROJECT facilities listed below unless otherwise noted, and as
shown on Exhibit 'C', and by this reference made a part of this AGREEMENT.
1. Third Street SW loop detention pond and surrounding landscaping.
2. 'C' Street SW, Third Street SW storm water conveyance.
3. Landscaping along 'C' Street SW and 3rd Street SW. Landscaping located between
the 3rd Street loop ramp and the SR 18 WB off-ramp and between the SR18 WB on-
ramp, off-ramp and mainline will remain the responsibility of the STATE.
4. Third Street SW loop and Third Street SW traffic illumination.
5. 'C' Street SW traffic/pedestrian illumination.
6. 'C' Street SW pedestrian walkways
7. Signal Interconnect System at both the WB and EB ramp terminals with 'C' Street
SW. Operation of this interconnect system shall be per the existing Letter of
Understanding between the CITY and the STATE dated February 16, 1994.
8. Loop detection system for the west leg of the 3rd Street SW and Division St. signal.
9. 'A' Street SW undercrossing of 3rd Street SW.
10. The geosynthetic wall located south of the 3rd St. Station 24+30 to Station
25+29.86. This responsibility will be transferred to the STATE by supplement to this
221e.05.agr.doc 6 GCA 2216
.......................... · .J &./~.-, I,J'~:;~J:::l~.-,~...J U,y I. IIC; '~.J I/'"%lI~, dL LII~ ~,JI I T ~.~
expense, is marked Exhibit "B", and is attached hereto and by this reference made a
part of this AGREEMENT. The CITY will be billed for the actual direct and related
indirect cost of the work, not to exceed the estimated amount itemized on Exhibit "B"
except as agreed to by the CITY and the STATE and detailed by a supplement to this
AGREEMENT.
Partial payment shall be made by the CITY, upon request of the STATE to cover
costs incurred. These payments are not to be more frequent than one (1) per month.
Prior to payment by the CITY, and if so requested by the CITY, the STATE will meet
with the CITY to review and discuss any and all costs reported and submitted by the
STATE. The STATE will include with any payment request a Status Report which will
include the following: description of work accomplished, outstanding issues, costs
incurred for the current billing request and for prior billing requests to date and
remaining funds available per Exhibit "B", as may be modified by supplements to this
AGREEMENT.
The CITY agrees that if payment for STATE work is not made within ninety (90)
days after receipt of the billing from the STATE, the STATE may withhold any tax
moneys which the CITY is entitled to receive from the Motor Vehicle Fund until payment
for the work is received from the STATE. For costs in excess of the projected
estimates in Exhibit "B", this provision shall not apply, until such costs are agreed to by
both parties.
The STATE agrees that within 90 days after the STATE issues Final Acceptance
of the PROJECT, the STATE will submit a final payment request to the CITY with the
exception of costs associated with the final audit for the PROJECT.
IV
EXTRA WORK
The CITY shall be responsible to acquire STATE approvals for any and all
revisions, deviations, change orders, extras work orders, and changes to the plans and
specifications previously approved by the STATE for work within SR-18 L/A.
2216.05.agr.doc 8 GCA 22'16
V
INSURANCE
The CITY shall obtain and keep in force for the duration of the work under this
AGREEMENT, public liability and property damage insurance with companies or
through sources approved by the State Insurance Commissioner pursuant to Title 48
RCW. The STATE shall be specifically named as an insured in a policy with the same
company which insures the CITY or by an endorsement to an existing policy. The
amount of coverage shall be not less than a single limit of $1,000,000 for bodily injury,
including death and property damage per occurrence. The CITY shall furnish the
STATE proof of insurance prior to undertaking any work covered by this AGREEMENT.
In lieu of an insurance policy, the CITY shall certify to the STATE, "self insurance"
indemnity.
VI
OWNERSHIP AND MAINTENANCE
Upon completion of the PROJECT by the CITY and approval by the STATE, the
STATE shall provide the CITY a letter of acceptance for the improvements within the
SR 18 L/A. The STATE shall retain ownership and be responsible for the continued
maintenance and operation of the structures and related improvements within the SR
18 L/A, except for those items listed above, in Section I, General, which will be the
CITY's responsibility for continued maintenance and operation. The CITY shall be
responsible for the continued maintenance and operation of the structure and related
improvements within the SR 18 L/A area as identified in Section I.
VII
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 of the highway,
for the purpose of constructing said improvements. Any disturbed right of way that
pertain to STATE facilities (SR 18 and ramps) shall be seeded, fertilized, mulched, and
protected from erosion.
GCA 2216
VIII
LEGAL RELATIONS
Each of the PARTIES to this AGREEMENT shall protect, defend, indemnify, and
save harmless the other PARTY, its officers, officials, employees, and agents, while
acting within the scope of their employment as such, from any and all costs, claims,
judgment, and/or awards of damages, arising out of, or in any way resulting from, each
of the PARTY's negligent acts or omissions. No PARTY will be required to indemnify,
defend, or save harmless the other PARTY if the claim, suit, or action for injuries,
death, or damages is caused by the sole negligence of the PARTY. Where such
claims, suits, or actions result from concurrent negligence of the PARTIES, the
indemnity provisions provided herein shall be valid and enforceable only to the extent of
the PARTY's own negligence. Each of the PARTIES agrees that its obligations under
this subparagraph extend to any claim, demand, and/or cause of action brought by, or
on behalf of, any of its employees or agents. For this purpose, each of the PARTIES,
by mutual negotiation, hereby waives, with respect to each of the other PARTY only,
any immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. In the event that any of the PARTIES or
combination of the PARTIES incurs any judgment, award, and/or cost arising therefrom,
including attorneys' fees, to enforce the provisions of this Section, all such fees,
expenses, and costs shall be recoverable from the responsible PARTY or combination
of the PARTIES to the extent of that PARTY's/those PARTIES' culpability. This
indemnification shall survive the termination of this AGREEMENT.
In the event that any party deems it necessary to institute legal action or
proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES
hereto agree that any such action or proceedings shall be brought in a court of
competent jurisdiction situated in Thurston County, Washington.
~e.o~.~.uoo ~o GCA 2216
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first above written.
CITY OF AUBURN WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION
Charles A. Booth, Mayor Sour g Area Administrator
Date
,~~~,~FORM: A. PP////~/~D AS T ,F RM:
Michael J. Reynolds, City Attorney {~ Assistant Att~
Date Date
2216.05.agr.doc 11 GCA 2216
EXHIBIT B
ESTIMATE OF COST
Administration
Attend Coordination Meetings 50 @ 3hrs/ea x $45/hr $6,750.00
Project Site Reviews 50 @ 4 hrs/ea x 2 people x $40/hr $16,000.00
Clerical Est. 120 hrs x $25/hr $3,000.00
Submittal Review
Falsework Plans 5 bridges @ 80hrs/ea x $45/hr $18,000.00
Drilled Shaft Procedures Est. 24 hrs x $45/hr $1,080.00
Form Drawings
Bridges 5 @ 40 hrs/ea x $45/hr $9,000.00
Walls Est. 80 hrs. x $45/hr $3,600.00
Post Tensioning Details Est. 80 hrs. x $45/hr $3,600.00
Shoring Plans Est. 120 hrs x $45/hr $5,400.00
Shop Drawings
Structural Est. 160 hrs x $45/hr $7,200.00
Electrical Est. 80 hrs. x $45/hr $3,600.00
Other Est. 80 hrs. x $45/hr $3,600.00
Traffic Control Plans Est. 20 plans x 4hrs/ea x $40/hr $3,200.00
NW Region Traffic Office
Review Submittals Est. 80 hrs. x $40/hr. $3,200.00
Signal Maint. Plan Review Est. 40 hrs. x $45/hr. $1,800.00
Signal Maint. Plan Review Est. 40 hrs. x $45/hr. $1,800.00
Electrical Inspection
Signal System No. I Est. 50 hrs. x $45/hr. $2,250.00
Signal System No. 2 Est. 50 hrs. x $45/hr. $2,250.00
Illumination System Est. 60 hrs. x $45/hr. $2,700.00
Materials
Review Submittals Est. 200 hrs x $ 40/hr $8,000.00
TOTAL $106,030.00
2216.05.ExhbtB.xls GCA 2216