HomeMy WebLinkAbout3268RESOLUTION NO. 3268
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
AUBURN AND KING COUNTY FOR THE SOUTH 277T" STREET
RECONSTRUCTION PROJECT.
WHEREAS, the County and the City agree that the project wili provide
an important 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 Ptan has
identified the need for the road improvements to South 277t" Street; and
WHEREAS, the Project lies almost entirely within the municipal boundary
of the City but will require the acquisition of property located in unincorporated
King County adjacent to the City's boundary; and
WHEREAS, the City and the County entered into an interagency
agreement concerning the Project effective June 25, 1996, relating to the
Predesign Coordination for the South 277th Street Improvements, to develop a
mutually agreed definition of the improvements of the Project; and
WHEREAS, the City, the County, and the Port of Seattle entered into an
interlocal agreement effective October 29, 1997, for the Green River Valley
Grade Separation Design Projects, for the purpose of sharing costs to fund the
Resolution No. 3268
October 9, 2000
Page 1
design of two grade separation projects, one of which is the South 277th Street
Reconstruction Project - West Leg - Phase I- Grade Separation Design; and
WHEREAS, the October 29, 1997, interlocal agreement was amended
March 2, 2000, and provides that the parties to the interlocal agreement agree
that the City of Auburn is to continue with purchase of right-of-way and
construction; and
WHEREAS, the City of Auburn by mutual agreement has been
designated as the lead agency for the Project and has assumed lead agency
responsibility for the design and construction of the Project; and
--t1VWEREAS, it is in the best interests of the Project and the parties that
the parties define the responsibility of the City as lead agency for the Project to
acquire necessary right-of-way and property rights to construct the Project.
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 the City Clerk of the City of Auburn,
Washington, are herewith authorized to execute the Agreement between the
City of Auburn and King County. A copy of the said Agreement is attached
hereto and denominated as Exhibit "A".
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. 3268
October 9, 2000
Page 2
DATED and this ~ d y of a , 2000.
CITY OF AUBURN 1~ , k o,A-
CHARLES A. BOOTH
MAYOR
ATTEST:
~
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Resolution No. 3268
October 9, 2000
Page 3
INTERLOCAL AGREEMENT
BETWEEN KING COUNTY AND
THE CITY OF AUBURN
RELATING TO
SOUTH 277T" STREET RECONSTRUCTION
THIS AGREEMENT is entered into by and between King County, a political subdivision
of the State of Washington (hereinafter sometimes referred to as "the County"), and the
City of Auburn, a municipal corporation of the State of Washington (hereinafter
sometimes referred to as "the City"), for the purpose of completing the design and
construction of the South 277th Street Reconstruction Project - West Leg - Phase I.
Said project, as more particularly described in Section 2- Project Description, shall be
referred to hereinafter as "the Project."
RECITALS
A. The Project will provide an important link in the regional transportation system.
B. 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 277t' Street.
C. The City of Auburn Transportation Improvement Plan has identified the need for the
road improvements to South 277th Street.
D. The Project is almost entirely within the municipal boundary of the City but will
require the acquisition of property located in unincorporated King County adjacent to
the City's boundary.
Exhibit "A"
Resolution No. 3268
Page 1
October 9, 2000
E. The City and the County entered into an interagency agreement concerning the
Project effective June 25, 1996, Relating to tfie Predesign Coordination for the
South 277th Street Improvements, to develop a mutually agreed definition of the
improvements of the Project.
F. The City, the County and the Port of Seattle entered into an interlocal agreement
effective October 29, 1997, for the Green River Valley Grade Separation Design
Projects, for the purpose of sharing costs to fund the design of two grade separation
projects, one of which is the South 277"' Street Reconstruction Project - West Leg -
Phase I- Grade Separation Design.
G. The October 29, 1997, interlocal agreement was amended effective March 2, 2000,
and provides that the parties to the interlocal agreement agree that the City of
Auburn is to continue with purchase of right-of-way and construction.
H. The City of Auburn by mutual agreement has been designated as the lead agency
for the Project and has assumed lead agency responsibility for the design and
construction of the Project.
1. It is in the best interests of the Project and the parties that the parties define the
responsibility of the City as lead agency for the Project to acquire necessary right-of-
way and property rights to construct the Project.
NOW, THEREFORE, the parties hereby covenant and agree as follows:
Exhibit "A"
Resolution No. 3268
Page 2
October 9, 2000
AGREEMENT
1. PURPOSES
The purposes of this Agreement are:
1.1 To define the City's authority and responsibility for acquisition of right-of-way
and associated property rights for the Project.
1.2 To restate the City's lead agency status for the Project.
1.3 To specify that the County will be the lead agency for Phase II of the South
277th Street improvements.
1.4 To provide for interagency management and cooperation between the
County and the City.
2. PROJECT DESCRIPTION
2.1 The Project includes the design and construction of Phase I of the
improvements to South 277th Street. Phase I involves the widening of South
277`h Street- from Auburn Way North to Frontage Road, elevation of the
grade of the existing roadway using compacted fill, construction of finro
bridge structures to create grade separation between finro sets of existing
railroad tracks, storm sewer system improvements, construction of a
pedestrian and bicycle path on South 277th Street, new traffic signals, and
reconfiguration of the connection between 78'h Avenue South and 'D' Street
Northwest.
Exhibit "A"
Resolution No. 3268
Page 3
October 9, 2000
2.2 Phase II of the improvements to South 277`h Street lies in unincorporated
King County. King County will be the lead agency for Phase II. Phase II
design and construction will be by King County, and will involve the
continuation of widening of South 277`h Street from Frontage Road westward
through the West Valley Highway.
2.3 For the purposes of this Agreement, the term "the ProjecY" refers only to
Phase I, as described above.
3. SCOPE OF WORK
The Scope of Work of this Agreement involves acquisition of right-of-way and
associated property rights, both real and personal, for the Project. The City shall
acquire,~y-eminent-domain, negotiated purcha-se or-otherwise; all right-of-way and
associated property rights for the Project, whether located within the corporate limits
of the City or in unincorporated King County, that are reasonable and necessary, in
the City's judgment, to complete construction of the Project. The County agrees to
cooperate, as necessary, in the City's efforts to acquire such right-of-way and
associated property rights that lie within unincorporated King County. The County
authorizes the City to exercise powers of eminent domain to acquire such right-of-
way and associated property rights located within unincorporated King County. The
City shall comply with all King County Code provisions and regulations applicable to
the acquisition and use of such right-of-way and associated property located in
unincorporated King County. Costs of acquisition, eminent domain, litigation and
Exhibit "A"
Resolution No. 3268
Page 4
October 9, 2000
judgment enforcement shall be considered Project costs to be paid from appropriate
Project sources of funding.
4. INTERAGENCY MANAGEMENT AND COOPERATION
4.1. Lead Agency. The City is the lead agency for the Project. The County will
be the lead agency for Phase II of the improvements to South 277I' Street,
as described above. Each lead agency shall be responsible for managing
right-of-way and associated property acquisition for the phase of the
improvements to South 277'" Street for which it is the lead agency.
4.2. Review and Comment. The City shall provide the County twenty-one (21)
days to review and comment on material changes to plans for Project right-
of-way and associated property acquisition that relate to real property and
associated rights located in unincorporated King County and will, at other
times, provide the County upon request with information concerning right-of-
way and property acquisition in unincorporated King County.
4.3. Permits. The City shall be responsible for obtaining required permits for the
Project. The County will endeavor to expedite any permits required from the
County.
4.4. Environmental Reviews. Each lead agency shall be responsible for all
environmental reviews and approvals prepared by that lead agency.
4.5. Project Team. The provisions of this Agreement related to the Project will be
managed by a Project Team composed of the City Engineer or designee and
Exhibit "A"
Resolution No. 3268
Page 5
0Z-%_,6ber.::9, 2000
the King County Road Engineer or designee with additional staff to be
determined by each party.
4.6. Administrative Procedures. The Project Team will meet.as necessary to
ensure the provisions of this Agreement related to the Project are fulfilled
and will develop written procedures and records as required to accomplish
- the work of this Agreement. -
4.7. Dispute Resolution.
4.7.1 In the event of a dispute between the parties regarding this
Agreement, the parties shall attempt to resolve the matter informally.
If the parties are unable to resolve the matter informally within 30
days, the matter-shall be jointly decided-bythe City Public Works
Director and the County Road Services Division Manager.
4.7.2 If the dispute involves a claimed breach of the Agreement, and the
City Public Works Director and the County Roads Services Division
Manager are unable to reach a resolution, either party may bring suit
against the other party in King County Superior Court.
4.7.3 The parties may also agree to an alternative dispute resolution
process.
5. SCHEDULE
Both parties acknowledge the need to implement the Project quickly. Each party
also acknowledges that right-of-way or other property acquisition and other
Exhibit "A"
Resolution No. 3268
Page 6
October 9, 2000
elements of the Project may delay completion thereof. Both parties agree to work
expeditiously to resolve any right-of-way or other property acquisition problems.
6. DURATION OF AGREEMENT
This Agreement will become effective upon the signing of this Agreement by both
parties, and shall remain in effect until final acceptance of the Project or until final
acceptanee of the Phase II improvements, whichever occurs later.
7. SEVERABILITY
If any provision of this Agreement shall be held invalid, the remainder of the
Agreement shall not be affected thereby if such remainder would then continue to
serve the purposes and objectives of the parties.
8. INDEMNIFICKTION-AND HOLD-HARMLESS - -
8.1 Each party hereto agrees to indemnify and hold harmless the other party,
and its officials, agents and employees, for all claims (including demands,
suits, penalties, losses, damages, attorney's fees or costs 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 officials, agents or
employees in the performance of this Agreement.
8.2 The foregoing indemnity is specifically and expressly intended to constitute a
waiver of each party's immunity under Washington's Industrial Insurance
Act, RCW Title 51, as respects the other party only, and only to the extent
necessary to provide the indemnified party with a full and complete
indemnity of claims made by the indemnitor's employees. The parties
Exhibit "A"
Resolution No. 3268
Page 7
October 9, 2000
acknowledge that these provisions were specifically negotiated and agreed
upon by them.
8.3 The provisions of this section shall survive the expiration of this Agreement
with regard to any event that occurs prior to, or on the date of, such
expiration.
9. OTHER PROVISIONS
9.1. Liabilit . No liability shall attach to the City or the County by reason of
entering into this Agreement except as expressly provided herein.
9.2. Scope of Agreement. This Agreement contains the entire written agreement
of the parties concerning the matters contained herein and supersedes all
prior discussions. This Agreement may be amended only by an instrument
in writing, duly executed by both parties.
9.3. Employment Status. Each party shall be deemed an independent contractor
for all purposes and the employees of either party or any of its contractors,
subcontractors and their employees shall not in any manner be deemed to
be employees or agents of the other party.
9.4. Waiver of Default. Waiver of any default shall not be deemed to be a waiver
of any subsequent default. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any other or subsequent
breach and shall not be construed to be a modification of the terms of this
Agreement unless stated to be such through written approval by the non-
breaching party.
Exhibit "A"
Resolution No. 3268
Page 8
October 9, 20000
IN WITNESS WHEREOF, the parties have executed this Agreement in King County,
Washington effective as of the date last written below.
KING COUNTY, WASHINGTON
RON SIMS, County Executive -
Date
CITY OF AUBURN, WASHINGTON
A 4 2,
~
CHARLES A. BOOTH, Mayor
/6f T/8-0 o
Date
Approved as to form:
---Deputy Prosecuting Attorney
Exhibit "A"
Resolution No. 3268
Page 9
October 9, 2000
proved as to form:
City Attorney