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 '''", ....
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