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HomeMy WebLinkAbout3731 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 J1IU9"mllllll ~~8~m ~~ ¡¡;¡ AG 0~~~07 09/17/2004 16'17 . KING COUNTY. WA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): ~/,r¡ PIVlATT' vJ c¡ 2 òo ' 12-. Interlocal Agreement (RES 3731) Reference Number(s) of Documents assigned or released: DAdditional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of Grantee/Assignee/Beneficiary: (Last name first) 1. King County Legal Description (abbreviated: i.e. lot, block, plat ~r, section, township, range) PER RCW 39.34 D Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number N/A D Assessor Tax # not yet assigned RESOLUTION NO. 3 7 3 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH KING COUNTY FOR THE PURPOSE OF COMPLETING IMPROVEMENTS AS PART OF THE CITY'S C STREET SW IMPROVEMENT PROJECT (C326A) FOR KING COUNTY WHEREAS, the City's Project, C326A, "C" Street SW Road Improvement Project, will complete widening from 15th Street SW to Ellingson Road; and WHEREAS, King County intends to replace their Lakeland Hills sewer force main within the limits of the City's project; and WHEREAS, the construction of these two projects will be occurring simultaneously and it is in the best interests of both agencies to coordinate the construction activities; and WHEREAS, a better quality product will be accomplished if the construction of the overlay of the entire C Street SW roadway is completed by one agency; and WHEREAS, the City and the County have agreed that the City should be responsible for completing the overlay construction. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is hereby authorized to execute an interlocal agreement with King County, in substantial conformity with the agreement Resolution No. 3731 May 19, 2004 Page 1 attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this 'l~ day of 1tlv~ ,2004. CITY OF AUBURN -- ~> ATTEST: )~{Ç)¡ê ~Å-- Dan lie E. Daskam, City Clerk APPROVED AS TO FORM: niel B. Heid, City Attorney Resolution No. 3731 May 19, 2004 Page 2 King County - City of Auburn Interlocal Agreement C Street Southwest Road Re-Pavement Page 1 Exhibit A Auburn Resolution No. 3731 CITY OF AUBURN KING COUNTY AGREEMENT FOR C STREET SOUTHWEST ROAD RE-P A VEMENT THIS AGREEMENT made and executed this ~ I~~ay of , 2004, between the City of Auburn, a municipal corporation of the State ofWashingt , (hereinafter referred to as "the City") and Metropolitan King County, a political subdivision of the State of Washington, acting through its Department of Natural Resources and Parks (herein after referred to as "the County"), WITNESSETH: WHEREAS, the City and the Municipality of Metropolitan Seattle (now Metropolitan King County) are parties to an existing Agreement for Sewage Disposal dated March 1, 1974 as amended referred to as the "Basic Agreement"; and WHEREAS, the County owns and operates the Lakeland Hills Forcemain within the limits of the City; and WHEREAS, the County intends to replace a section of the Lakeland Hills Forcemain via a construction project referred to as the "Lakeland Hills Forcemain Replacement Project" and restore the road pavement above the replaced forcemain; and WHEREAS, a portion of the Lakeland Hills Forcemain Replacement Project is located in the City's C Street Southwest right-of-way from 15th Street Southwest southward approximately 6,150 feet; and WHEREAS, the City intends to widen and improve C Street Southwest from 15th Street Southwest southward to Ellingson Road, via a construction project referred to as the "C Street Southwest Road Improvement Project," with partial funding by an Economic Development Grant; and WHEREAS, a portion of the County's above-mentioned Lakeland Hills Forcemain road restoration work overlaps with the City's above-mentioned C Street Southwest Road Improvement Project; and WHEREAS, it is in the best interests of both the City and the County that the County's portion of the C Street Southwest road restoration work be constructed by the City's contractor during construction ofthe C Street Southwest Road Improvement Project to obtain economies of King County - City of Auburn Interlocal Agreement C Street Southwest Road Re- Pavement Page 2 Exhibit A Auburn Resolution No. 3731 coordinated construction, improve the quality of the final C Street Southwest pavement, and minimize inconvenience to adjacent property owners and street users; and WHEREAS, the City and the County have negotiated terms to transfer the County's C Street Southwest road restoration work to the City upon payment to the City of a mutually agreed-upon tonnage cost of asphalt concrete Class B pavement that would otherwise have been constructed by the County to restore the affected section of C Street Southwest; NOW THEREFORE, in consideration of the mutual covenants contained herein it is hereby agreed as follows: Section 1. Definitions The defined terms used in this agreement shall have the meanings set forth in the Basic Agreement unless otherwise indicated herein. Section 2. C Street Southwest Road Construction Work The County's Lakeland Hills Forcemain Replacement Project in C Street Southwest shall include permanent trench patching and shall exclude road restoration work comprised of a 2- inch asphalt overlay, channelization, and traffic control associated with the asphalt overlay work, for the area between Station 50+ 15 and Station 111 +00 as referenced in the County's Lakeland Hills Forcemain Replacement Project construction drawings. The City shall incorporate the above-mentioned asphalt overlay and associated work in its C Street Southwest Road Improvement Project. The County's contractor warranty shall not apply to the above-mentioned work performed by the City. The City's contractor warranty shall not apply to the above mentioned work performed by the County. The City and the County shall schedule and sequence the C Street Southwest Road Improvement Project and the Lakeland Hills Forcemain Replacement Project such that they allow the City and the County to complete their construction work without causing impacts or damage to the County's Lakeland Hills Forcemain Replacement Project or to the City's C Street Southwest Road Improvement Project. King County - City of Auburn InterlocalAgreement C Street Southwest Road Re-Pavement Page 3 Exhibit A Auburn Resolution No. 3731 Section 3. Payment by County The County shall pay the City for the cost of 1,100 tons of asphalt concrete Class B pavement at the unit price submitted to the City by its lowest qualified bidder on the City's project. When the City receives bids on its C Street Southwest Road Improvement Project, the City shall mail or fax to the County a document that states the unit price of the asphalt concrete Class B pavement work as bid by the City's lowest qualified bidder. The County shall make payment to the City within 45 days after receipt of the aforementioned document. The City and County shall pay their respective con1ractors for the work performed under their respective contracts. All changes in costs attributable solely to the County's Lakeland Hills Forcemain Replacement Project, whether due to changes in design, construction conditions or from contractor claims, shall be the sole obligation of the County. All changes in costs attributable solely to the City's C Street Southwest Road Improvement Project, whether due to changes in design, construction conditions or from contractor claims, shall be the sole obligation of the City. The City and the County shall be solely responsible for any and all changes to their respective construction contracts resulting in additional costs that are attributable to conflicts between the City's and the County's above-mentioned construction projects. Such changes may include, but are not limited to the following: schedule delays, sequencing conflicts, work access issues, and staging area conflicts. Neither party, by entering into this agreement, shall be obligated to pay for costs incurred by the other party resulting from such changes. The County, its officers, officials, employees, agents and consultants shall be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the City and its contractor in connection with this Agreement. The City, its officers, officials, employees, agents and consultants shall be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the County and its contractor in connection with the Agreement. King County - City of Auburn Interlocal Agreement C Street Southwest Road Re-Pavement Page 4 Exhibit A Auburn Resolution No. 3731 Section 4. Legal Relations A. Indemnification. The City and the County shall indemnify and hold harmless each other, their respective agents, contractors, officers, attorneys, successors and assignees from and against any and all liabilities, damages, claims, demands, judgments, losses, harm, costs, expenses, suits or actions caused by the negligent acts or omissions of the indemnifying party arising out of or in connection with this Agreement. B. No Third Party Beneficiaries. In promising performance to one another under this agreement, the parties intend to create binding legal obligations to and rights of enforcement in one another. The parties do not intend to create any legal obligation or liability or promise of performance to any third party. C. Basic Agreement Unchanged. The City and the County shall comply with all provisions of the Agreement for Sewage Disposal dated March 1, 1974, (the Basic Agreement) as amended without qualification or condition by reason of any provision or interpretation of this agreement, it being the intention of the parties that the said Basic Agreement shall not be affected or modified hereby. D. Staff Time, Costs, and Incidental Expenses. The parties shall separately bear the costs of their own staff time, engineering costs, and incidental expenses. Section 5. Notices and Other Communications All notices and other formal communications to be delivered under this Agreement shall be mailed or delivered to the following: Don Theiler, Manager King County Wastewater Treatment Division 201 S. Jackson Street MIS KSC-NR-0500 Seattle, W A 98104 Dennis Dowdy, Director of Public Works City of Auburn 25 West Main Auburn, WA 98001-4998 Provided, however, the parties may change their respective designation of representatives by written notification to one another. This Agreement may be signed in counterparts, and, if so signed, shall be deemed one integrated document. King County - City of Auburn Interlocal Agreement C Street Southwest Road Re-Pavement Page 5 Exhibit A Auburn Resolution No. 3731 Section 6. Termination The parties shall have the right to terminate this agreement upon 30 days notice at any time prior to award of the county's construction contract. This agreement shall otherwise terminate upon fulfillment of the obligations ofthe parties to each other. Should the parties choose to terminate the agreement, the County will assume responsibility for completion of the full pavement restoration as required under the Construction Permit with the City. IN WITNESS THEREOF, the parties have executed this agreement as of the day and year first above written. ~ . ,~ '-". Mayor, Peter B. Lewis .~ -- Attest: /QIlJtJd¡ ~ Dani Dask(!n, City Clerk fì KING COUNTY Approved as to Form: Approved ~ll!:;j¿~ #16734 Sr. Deputy Prosecuting Attorney ~.~~~ Pam Bissonnette, Director Department of Natural Resources and Parks . . Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 Iltt"'IIIJJIII PPAA~!FIC NLI TIT AG 0~7 . "'. ...0el OF ees .... 09/17/Z0e4 16'17 KING COUNTY, "A RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Interlocal Agreement (RES 3731) " 1'- f( P IV (;0t' W 9 2. ()è) , 12.- Reference Number(s) of Documents assigned or released: DAdditional reference #'$ on pa e _ of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of Grantee/Assignee/Beneficiary: (Last name first) 1. King County Legal Description (abbreviated: Le. lot, block, plat Qr section, township; range)· :~Cit~ ~,L.·.¡" PER RCW 39.34 ~.,' ~ :~:: ; :,:.~ ;-:.' ......',;......:....:~.~~.,::...'..,.::,. .!,·.'i:~~,~:·:'..:~.....:.',;1';":'.·' I "', . I - ... , .... :"'. . .~ - . ":,,,.:,::,i:~;~';::~~~:.:;,:,':.~. " I:'~' _~... o Additional legal is on page of document. . ... ~.. :" . ""j" . t". Assessor's Property Tax Parcel/Account Number N/A o Assessor Tax # not yet assigned 20040917002307.001 . . 20040917002307.002 RESOLUTION NO. 3 7 3 1 A ~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH KING COUNTY FOR THE PURPOSE OF COMPLETING IMPROVEMENTS AS PART OF THE CITY'S C STREET ,SW IMPROVEMENT PROJECT (C326A) FOR KING COUNTY WHEREAS, the City's Project, C326A, "C" Street SW Road Improvement Project, will complete widening from 15th Street SW to Ellingson Road; and , . WHEREAS, King County intends to replace their Lakeland Hills sewer force main within the limits of the City's project; and WHEREAS, the construction of these two projects will be occurring simultaneously and it is in the best interests of both agencies to coordinate the construction activities; and WHEREAS, a better quality product will be accomplished if the construction of the overlay of the entire C Street SW"roadway is completed by one agency; and WHEREAS, the City and the County have agreed that the City should be responsible for completing the overlay construction. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is hereby authorized to execute an interlocal agreement with King County, in substantial conformity with the agreement Resolution No. 3731 May 19, 2004 Page 1 . . 20040917002307.003 attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such other administrative procedures as m~y be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this 1~ day of ~ ,2004. CITY OF AUBURN ..- "---= PETER MAYOR ATTEST: ~~ Dan lie E. Daskam, City Clerk APPROVED AS TO FORM: ~ City Attorney Resolution No. 3731 May 19, 2004 Page 2 . . 20040917002307.004 King County - City of Auburn Interlocal Agreement C Street Southwest Road Re-Pavement Page 1 Exhibit A Auburn Resolution No. 3731 CITY OF AUBURN KING COUNTY AGREEMENT FOR C STREET SOUTHWEST ROAD RE-P A VEMENT . {- . TillS AGREEMENT made and executed this ~ day of J,.tt ' 2004, between the City of Auburn, a municipal corporation of the State ofWashingt , (heremafter referred to as ''the City") and Metropolitan King County, a political subdivision of the State of Washington, acting through its Department of Natural Resources and Parks (herein after referred to as "the County"), WITNESSETH: WHEREAS, the City and the Municipality of Metropolitan Seattle (now Metropolitan . King County) are parties to an existing Agreement for Sewage Disposal dated March 1, 1974 as amended referred to as the "Basic Agreement"; and WHEREAS, the Comity owns and operates the Lakeland Hills Forcemain within the limits ofthe City; and WHEREAS, the County intends to replace a section of the Lakeland Hills Forcemain via a construction project referred to as the ''Lakeland Hills Forcemain Replacement Project" and restore the road pavement above the replaced forcemain; and WHEREAS, a portion of the Lakeland Hills Forceniain Replacement Project is located in the City's C Street Southwest right-of-way ftom 15th Street Southwest southward approximately 6,150 feet; and WHEREAS, the City intends to widen and improve C Street Southwest from 15th Street Southwest southward to Ellingson Road, via a construction project referred to as the "C Street Southwest Road Improvement Project," with partial funding by an Economic Development Grant; and WHEREAS, a portion of the County's above-mentioned Lakeland Hills Forcemain road restoration work overlaps with the City's above-mentioned C Street Southwest Road Improvement Project; and WHEREAS, it is in the best interests of both the City and the County that the County's portion of the C Street Southwest road restoration work be constructed by the City's contractor during construction of the C Street Southwest Road Improvement Project to obtain economies of . . 20040917002307.005 King County - City of Auburn Interlocali\greenrrent C Street Southwest Road Re-Pavement Page 2 Exhibit A Auburn Resolution No. 3731 coordinated construction, inrrprove the quality of the final C Street Southwest pavement, and minimize inconvenience to adjacent property owners and street users; and WHEREAS, the City and the County have negotiated tenns to transfer the County's C Street Southwest road restoration work to the City upon payment to the City of a nrrutually agreed·upon tonnage cost of asphalt concrete Class B pavenrrent that would otherwise have been constructed by the County to restore the affected section of C Street Southwest; NOW THEREFORE, in consideration of the nrrutual covenants contained herein it is hereby agreed as follows: . Section 1. Definitions The defined terms used in this agreement shall have the meanings set forth in the Basic Agreement unless otherwise indicated herein. . Section 2. C Street Southwest Road Construction Work The County's Lakeland Hills Forcernain Replacement Project in C Street Southwest shall include permanent trench patching and shall exclude road restoration work comprised of a 2· inch asphalt overlay, channelization, and traffic control associated with the asphalt overlay work, for the area between Station 50+15 and Station 111+00 as refereliced in the County's Lakeland Hills Forcemain Replacement Project construction drawings. The City shall incorporate the above-mentioned asphalt overlay and associated work in its C Street Southwest Road Improvement Project. The County's contractor warranty shall not apply to the abovl7mentioned work performed by the City. The City's contractor warranty shall not apply to the above mentioned work performed by the County . The City and the County shall schedule and sequence the C Street Southwest Road Improvement Project and the Lakeland Hills Forcemain Replacement Project such that they allow the City and the County to complete their construction work without causing impacts or damage to the County's Lakeland Hills Forcemain Replacement Project or to the City's C Street Southwest Road Improvement Project. . . 20040917002307.006 King County - City of Auburn Interlocal Agreement C Street Southwest Road Re-Pavement Page 3 Exhibit A Auburn Resolution No. 3731 Section 3. Payment by County The County shall pay the City for the cost of 1,100 tons of asphalt concrete Class B pavement at the unit price submitted to the City by its lowest qualified bidder on the City's project. When the City receives bids on its C Street Southwest Road Improvement Project, the City shall mail or fax to the County a document that states the unit price of the asphalt concrete Class B pavement work as bid by the City's lowest qualified bidder. The County shall make payment to the City within 45 days after receipt ofthe aforementioned document. The City and County shall pay their respective contractors for the work performed under their respective contracts. All changes in costs attributable solely to the County's Lakeland Hills Forcemain Replacement Project, whether due to changes in design, construction conditions or from contractor claims, shall be the sole obligation of the County. All changes in costs attributable solely to the City's C Street Southwest Road Improvement Project, whether due to changes in design, construction conditions or from contractor claims, shall be the sole obligation of the City. The City and the County shall be solely responsible for any and all changes to their respective construction contracts resulting in additional costs that are attributable to conflicts between the City's and the County's abov~mentioned construction projects. Such changes may include, but are not limited to the following: schedule delays, sequencing conflicts, work access issues, and staging area conflicts. Neither party, by entering into this agreement, shall be obligated to pay for costs incurred by the other party resulting from such changes. The County, its officers, officials, employees, agents and consultants shall be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the City and ~ts contractor in connection with this Agreement: The City, its officers, officials, employees, agents and consultants shall be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the County and its contractor in connection with the Agreement. ·. . 20040917002307.007 King County - City of Auburn Interlocal Agreement C Street Southwest Road Re-Pavement Page 4 Exhibit A Auburn Resolution No. 3731 Section 4. Legal Relations A. Indemnification. The City and the County shall indemnify and hold harmless each other, their respective agents, contractors, officers, attorneys, successors and assignees fÌom and against any and all liabilities, damages, claims, demands, judgments, losses, harm, costs; expenses, suits or actions caused by the negligent acts or omissions of the indemnifying party arising out of or in connection with this Agreement. B. No Third Party Beneficiaries. In promising performance to one another under this agreement, the parties intend to create binding legal obligations to and rights of enforcement in one another. The parties do not intend to create any legal obligation or liability or promise of performance to any third party. C. Basic Agreement Unchanged. The City and the County shall comply with all provisions of the Agreement for Sewage Disposal dated March 1,1974, (the Basic Agreement) as amended without qualification or condition by reason of any provision or interpretation of this agreement, it being the intention of the parties that the said Basic Agreement shall not be affected or modified hereby. ' D. Staff Time, Costs, and Incidental Expenses. The parties shall separately bear the costs of their own staff time, engineering costs, and incidental expenses. Section 5. Notices and Other Communications All notices and other fonnal communications to be delivered under this Agreement shall be mailed or delivered to the following: Don Theiler, Manager King County Wastewater Treatment Division 201 S. Jackson Street MIS KSCwNR-0500 Seattle, WA 98104 Dennis Dowdy, Director of Public Works City of Auburn 25 West Main AubU111, WA 98001-4998 Provided, however, the parties may change their respective designation of representatives by written notification to one another. This Agreement may be signed in counterparts, and, if so signed, shall be deemed one integrated document. . . 20040917002307.008 King County - City of Auburn Interlocal Agreement C Street Southwest Road Re-Pavement Page 5 Exhibit A Auburn Resolution No. 3731 Section 6. Termination The parties shall have the right to terminate this agreement upon 30 days notice at any time prior to award of the county's construction contract. This agreement shall otherwise terminate upon fulfillment of the obligations of the parties to each other. Should the parties choose to terminate the agreement, the County will assume responsibility for completion of the full pavement restoration as required under the Construction Permit with the City. IN WITNESS THEREOF, the parties have executed this agreement as of the day and yea- first above written. ~--é Mayor, Peter B. Lewis Attest: ~~ 'Dani Dask@.n, City Clerk KING COUNTY Approved as to Form: Approved ~~ Pam Bissonnette, Director Department of Natural Resources and Parks . . 20040917002307.009 STATE OF WASHINGTON ) ) ss. COUNTIES OF KING AND PIERCE ) I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the counties of King and Pierce, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 3731 of the resolutions of the City of Auburn, entitled "RESOLUTION NO. 3731." I certify that said Resolution No. 3731 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 7th day of June, 2004. Witness my hand and the seal of the City of Auburn this 30th day of July 2004. Da . lie Daskam, CityGlerk City of Alibj,Jrn '''", .... ;"tUrAtJ . ¡r- 4t" ........ 6\~ , ·1 <:>'..'::\:~~>';~;.;".....t.i. . , ~.. · ·,,·,·····O~· . ~ ....J · ..... V JI r . '. ... . ·:'·ð "~".: . -. ^1"" C¡;'~}.. , ....... -- (ì~..... :.. .. . .';..\,W<l,õ.", ':~ .- I ~. ~'9 'f[ "'7:!"" . .. . ..1" . c. . '. ~ a'ß1\,,u'i.j ..' .; . . ~,.,..,. . '. ~. . ~ .. ..:,) , ... . !l~i"1'..·,. . . '.. .. .. ~'~,,~. "'.. .. ,.. . .- ~ ".~i'':~:: : '. ~........~....<'( <::> .~.' ._~,:.. " 1\', ..., '\ ;' "\, -4 S t,. ~~, .<~. ,. '. ',.~,;.;.~~, . W,..,· ~".~.., ..,,' ~:.!I. "'..... .. ...-.."......... """ ~~S": .'