Loading...
HomeMy WebLinkAbout3751 RESOLUTION NO. 3 7 5 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A DESIGN AND CONSTRUCTION SERVICES AGREEMENT WITH SAFEWAY INC. RELATING TO PROJECT NUMBER C326A, 'C' STREET SW IMPROVEMENTS WHEREAS, on August 5, 2002, the City of Auburn and Safeway Inc. entered into a Development Agreement which included provisions for the improvement of 'C' Street SW to be completed by Safeway; and WHEREAS, on September 12, 2003, the City and Safeway entered into a Facility Extension Agreement which governs the design and construction of road and utility improvements within the City's rights-of-way; and WHEREAS, the City has received an Economic Development grant in the amount of $2,000,000 for completion of improvements on 'C' Street SW between Ellingson Road and 15th Street SW; and WHEREAS, Safeway's planned improvements along 'C' Street SW under the Development Agreement lie within the planned City project; and WHEREAS, the Design and Construction Services Agreement allows for the City to complete the improvements along 'C' Street SW with funding participation from Safeway in lieu of Safeway completing the improvements which overlap with the City's planned project. Resolution No. 3751 July 16, 2004 Page 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is hereby authorized to execute a Design and Construction Services Agreement with Safeway, Inc., in substantial conformity with the agreement 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 leg islation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this M day of (lL~ ' 2004 CITY~-G _~ PETER B. LEWIS MAYOR ATTEST: ÅW¿~ Danielle E. Daskam, City Clerk Resolution No. 3751 July 16, 2004 Page 2 .¡ ~ DESIGN AND CONSTRUCTION SERVICES AGREEMENT SAFEWAY, INC.'s "C" STREET SW IMPROVEMENTS July 22, 2004 THIS AGREEMENT is entered into between the City of Auburn, a Washington municipal corporation ("City") and Safeway, Inc. ("Safeway") to provide design and construction services for the completion of improvements on "c" Street SW adjacent to Safeway's roadway frontage. On August 5, 2002, the City and Safeway entered into a development agreement for the Safeway Distribution Facility which included provisions for the improvement of "c" Street SW to be completed by Safeway, hereinafter referred to as the "Developer Agreement." On September 12, 2003, the City and Safeway entered into a Facility Extension Agreement, FAC03-0011, to govern the design and construction of off-site road and utility improvements required for Safeway's development of the Safeway Distribution Facility, hereinafter referred to as the "FAC Agreement." The City has been awarded an Economic Development Administration Grant in the amount of $2,000,000 for completion of improvements on "C" Street SW between Ellingson Road and 15th Street SW. The improvements to be constructed under that grant are referred to hereinafter as the "City Project." Safeway's street frontage on "C" Street SW lies within the limits of the City Project. The City of Pacific is the lead agency for the design and construction of a road resurfacing project on Ellingson Road from "C" Street SW to State Route 167, which abuts the City Project, herein after referred to as the "Pacific Project." Safeway has entered into an agreement with the Cities of Pacific and Algona. The City of Pacific will perform some of the work described in Sections 6(d), (e), (f), and (g) as part of Pacific's project pursuant to that agreement. King County Department of Natural Resources plans to construct a new sanitary sewer forcemain within the limits of the City Project, hereinafter referred to as the "Sewer Project." The department anticipates beginning work in the summer of 2004. It is the intent of this agreement to relieve Safeway of its obligation to Auburn related to the street and storm drainage utility improvements located within the "C" Street SW right-of-way, and in lieu thereof, make a payment to the City that will be used as matching funds for the grant to complete the City Project, including Safeway's required improvements within the Right-of-way. ---------------------- Exhibit 'A' Resolution No. 3751 Page 1 ...: l The City shall be the contracting agent for all activities associated with the design, bidding and construction of the City Project. The City will utilize its staff resources or professional services as determined by the City to be appropriate for the implementation of the City Project. Direction to the City's consultant and contractor shall be through the City. The City shall follow normal contracting rules, procedures, and standards as commonly accepted by the public works industry and required by applicable laws. The City agrees: 1. To relieve Safeway of the construction obligations identified in paragraph 6(a), "'C' Street SW", of the Developer Agreement. Safeway retains the obligation to voluntarily provide sufficient right-of-way so that the City of Auburn can construct a second northbound through lane in the future. The improvements at the "C" Street SW and Ellingson Road intersection will abut the limits of the Pacific Project so that Safeway will not retain any responsibility for the required improvements in this intersection. 2. To relieve Safeway of the obligation to sufficiently grade and hydro-seed the trail area as identified in paragraph 6(b), ""C" Street SW City Trail Corridor," of the Developer Agreement. All other requirements of paragraph 6(b) will remain the responsibility of Safeway. 3. To relieve Safeway of the obligation identified in paragraph 6(c), '''C' Street SW Overlay," of the Developer Agreement. 4. To substantially complete the Improvements identified in paragraphs 1 and 3 above along Safeway's frontage from the limits of Ellingson Road to 100 feet north of the signalized truck access on "C" Street SW, such that the roadway is operational, no later than April 1, 2005, unless otherwise agreed to by the parties. The remaining improvements will be completed in a timely manner following completion of the Sewer Project. 5. To provide access to Safeway's facilities from "C" Street SW during construction of the City Project to the extent practical without causing additional costs to the City through delays of its contractor. The City will cause its contractor to prepare a Traffic Control Plan indicating how the contractor will maintain adequate site access to Safeway's facilities during construction of the City Project. City will submit the proposed Traffic Control Plan to Safeway for comments before the City accepts the contractor's proposed Traffic Control Plan. ---------------------- Exhibit lA' Resolution No. 3751 Page 2 'i' l' 6. That the 4500 LF of storm drainage utility improvements identified in the FAC Agreement will be completed by the City as part of the roadway improvements. 7. That the FAC Agreement is modified by the terms of this agreement. 8. To coordinate the City Project work with both the Pacific Project and the Sewer Project to provide reasonable truck and employee access to the Safeway facilities from either "C" Street SW or Ellingson Road and to promote traffic circulation during construction of the City's Project. Safeway Agrees: 9. To complete the transfer of property identified in Paragraphs 6(a) and 6(b) of the Developer Agreement in a timely manner so as not to delay the beginning of construction of the City's Project. 10. To contribute, upon execution of this agreement by all parties, mitigation funds in the amount of $1 ,300,000.00 (one million three hundred thousand dollars) to relieve Safeway of the "C" Street SW obligations owed to the City. Safeway shall have no further financial obligations to the City for the improvements the City has agreed to assume as identified in paragraphs 1, 2, 3, and 6 of this agreement. 11. That the FAC Agreement is modified by the terms of this agreement. 12. To provide the City with all studies, reports, design calculations and design information for the improvements described in this agreement that Safeway or its agents have to date. Further, Safeway agrees to allow the City to use such documents and electronic files provided to complete the City's design of the improvements identified in this agreement. 13. To complete the sanitary sewer and water facility work as identified in the FAC Agreement prior to the commencement of the City's Project. 14. To require its on-site Contractor(s) to cooperate/coordinate with the City's Contractor during construction of the City Project. ADDITIONAL AGREEMENT PROVISIONS 1. Termination. This agreement shall terminate on the date of construction physical completion. ---------------------- Exhibit 'A' Resolution No. 3751 Page 3 .. J/ 2. Governinq Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the parties under any of the provisions of this agreement, resolution of that dispute shall be available exclusively through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. 3. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of each party. 4. Severabilitv. If anyone or more sections, subsections or sentences of this agreement are held to be unconstitutional or invalid, this agreement shall be null and void unless the deletion of the unconstitutional or invalid text does not substantially impair the benefit that each party intends to obtain through this agreement. 5. Indemnification. Washington State law shall govern the respective liability between the parties to this Agreement for any loss due to property damage or injury to persons arising out of the activities conducted pursuant to this Agreement. To the extent allowed by law, each party shall defend, indemnify and hold harmless the other party, its elected officials, employees and agents from and against any and all suits, claims, actions, losses, costs, expenses of litigation, attorney's fees, penalties, and damages of whatsoever kind or nature arising out of, in connection with, or incident to any act of omission of the party, it's employees, agents, and contractors in the exercise of the rights granted and conveyed to the party by this agreement. This indemnification obligation shall include, but is not limited to, all claims against the other party by an employee or former employee of the party or its contractors and, as to such claims, the party expressly waives, as respects the other party only, all immunity and limitation of liability under Title 51 RCW. 6. Dispute Resolution. Should a dispute arise between the participants regarding the technical aspects and/or a decision related to the management of the project, the project coordinators will attempt to narrow the issue in dispute for consideration by the City Engineer and respective business owner representatives. The City Engineer and respective business representatives will determine if the dispute may be resolved by mediation. Legal disputes between the parties shall be resolved through the use of mediation by a mediator mutually acceptable to the participants with each participant equally agreeing to share the cost of the mediator. Should the parties not be able to resolve the dispute through mediation, the forum for resolution shall be King County Superior Court, Regional Justice Center, located in Kent, Washington. The substantially prevailing party will be entitled to attorney fees and costs. ---------------------- Exhibit lA' Resolution No. 3751 Page 4 fi' .' r Agreed thisZ~ day of \ , By Peter eWls Its Mayor ATTEST ~~!JJtÞ- arììe1le Daskam Auburn City Clerk Approved as to Form: ---------------------- Exhibit lA' Resolution No. 3751 Page 5 () u-s CA.S;. \ ,2004. 10, ~..~~ By0 J ~ Assistant Secretary