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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