HomeMy WebLinkAbout4417
RESOLUTION NO. 4417
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
ENTER INTO AN .INTERLOCAL AGREEMENT WITH
PIERCE TRANSIT AND SOUND TRANSIT FOR
IMPLEMENTATION OF THE LAKELAND HILLS FEEDER
SERVICE FOR ONE YEAR EFFECTIVE FEBRUARY 9, 2009
WHEREAS, there is great demand for parking at the Auburn Station; and
WHEREAS, there is a benefit in providing altemative methods for commuters to
reach the Aubum Station other than driving and parking single-occupancy vehicles; and
WHEREAS, riders and potential riders in the Lakeland Hills area have expressed ,
a desire for transportation services to make regional connections; and
WHEREAS; the City of'Aubum, Sound Transit, and Pierce Transit have agreed to
share service costs for providing a eommuter shuttte linking the Lakeland Hills area to
the Aubum Station during the peak commute hours; and
WHEREAS, the Lakeland Hills feeder service will commence on February 9; 2009
and operate for one year in partnership with Pierce Transit and Sound Transit; and
WHEREAS, the Lakeland Hills shuttle service will continue starting in 2010 for a
period of five years through a partnership with Metro Transit and Pierce Transit; and
WHEREAS, the Pierce Transit Board of Commissioners passed Resolution 08- _
035 on October 13, 2008 committing to the Lakeland Hills feeder service; and
WHEREAS, the estimated capital and operating costs for one year of service is
$350,612, and the City is responsible for one-third or $116,871 of-the project cost. Resolution No. 4417
November 10, 2008
Page 1
NOW, THEREFORE, THE CITY COUNGL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as foliows:
Sectiora 1. That the Mayor is, hereby authorized to enter into an agreement with
Pierce Transit and Sound Transit to implement the Lakeland Hills feeder service from
February 9, 2009 to February 7, 2010, in substantial conformity with the Interlocal
Agreement for Lakeland Hills Service, attached hereto and incorporated herein by this
reference. Section 2. That the Mayor is authorized to implement such other administrative
procedures as may be necessa_ry to carry out the directives of this legislation.
Sectoon 3. That #his Resolution shall take effect and be in full force upon passage and signatures hereon. .
Dated and Signed this 71--'!-day of , 008. C OF AUBURN
~
PETER B. LEWIS
- MAYOR
ATTEST:
,
.
av,
Dani e E. Daskam,
City Clerk
Resolution No. 4417
November 10, 2008
Page 2
APPROVED AS TO FORM:
niel B. Heid,
City Attorney
4Resolution No. 4417
Novemtier 10; 2008
Page 3 '
,
Interlocal Agreement for Lakeland Hills Service
. City of Auburn
Sound Transit - Piexce Transit
This interlocal agreement is ma.de byand between the Pierce CountyPublic Transportation:Benefit
Authority, herein after referred to as.Pierce Transit, the Central Puget Sound Regiona:l Transit '
Authority, herein after referred to as Sound Transit, and,the C'ity of Auburn, allof which entities
may be referred to hereinafter individually as "Party' or collectively as the "Parties: "
Whereas, Pierce Transit, Sound Transit and the City o£ Auburn have identified a need for transit
service from the Lakeland Hills area to the Aubum Sounder.Station; and Whereas, the Parties desire to enter into a one year agreement to provide such transit service with:
the service commencing in 2009; and -
Whereas, King County has selected this as. a Transit Now project commencing in 2010 for a period .
of up to five years; '
Now therefore the Parties agree as follows:
1. PURPOSE OF AGRBEMENT
1.1 The purpose of this agreement is to enter into a mutually beneficial contractual relationship
to provide new transit service in the Lakeland I-iills area (located in both King Counry and
Pierce County) and serving the Aubum -Sounder Station. Such service is deseribed in
Attachment A to this contract. Attachment A is incorporated herein ancl made a part of
this Agreement by.this reference.
1.2 This agreement establishes the responsibilities of the Parties in relation to the transit service
partnership, including methods for financing, implementing, improving and termiriating the
partnership. _
2. PIERCE TR.ANSIT'S RESPONSIBILITIES
2.1 Pierce Transit will provide and maintain the vehieles and operate the service as descnbed in
Attachment A. .
2.2 Pierce Transit will cantnbute the firiancial share as descnbed in Attachment A.
2.3 Pierce Transit will contnbute the transit service enhaneements as descnbed in Attachment A.
3. QTY OF AUBURN'S RESPONSIBILITIES
, 3.1 The City of Auburn will contnbute the financial share as descnbed in Attachment A,
3.2 The City of Auburn will contribute via payment of quarterly billings from Pierce Transit as
specified in Section 7 of the Agreement, one-third of the fully allocated cost of the transit .
service described in Attachment A. Based on the final rate, Pierce Transit may reimburse
the City of Auburn and Sound Transit if the rate is less than estimated or bill for additional '
costs if the final rate is higher than estimated.
3.3 The C'ity of Auburn wM contnbute the trarisit service enhancements as descnbed in
Attachment A. .
4. SOUND TRANSIT'S RESPONSIBILITIES
4.1 Sound Transit wiU conmbute the financial share as descnbed in Attachment A.
42 Sound Transit wiU contnbute via payment of quarterly billings from Pierce Transit, as
- speeified in Section 7 of the Agreement, one-third of; the fully allocated cost of the uansit
service descnbed in Attachment A. Based on the final rate, Pierce Txansit may r+eimburse
. the City of Aubum and Sound Transit if the rate is less than estimated or bill for additional
costs if the final rate is higher than estimated.
43 Sound Txansit wiU contnbute the ua.nsit service enhancements as descnbed in Attachment
A. _
5COST OF SERVICE -
The estimated cost of service is based on Pierce Transit's cost allocation model for "blended" (both
directly operated and contracted) SHCTI'ME service for 2008 as outlined iri Exhibit I to Attachment.
_
A.
6. PERIOD OF AGREEMENT °
' This agreement covers the time period when the service commences on February 8, 2009 and runs.
, through February 7, 2010.
7. INVOICES/PAYMENT PROCEDURES .
7.1 Pierce Transit will invoice the City of Auburn and Sound Transit quarterly for their .
respective contnburion for.this transit sexvice provided. Billings wiU be based on the 2008
cost allocation rate applied to actua,l hours of service pmvided. Service hours inalude.
deadhead hours. . .
72 An estimate of the total service costs based on scheduled service hours is shown in
Attachment A .
7.3 The City of Aubum and Sound Transit shall make payment within thirty (30) days after -
receipt of a properly documented invoice.
7.4 Pierce Transit wiU determine the final rate of the cost allocation formula in late spring 2010.
Based on the final rate, Pierce Transit may reimburse the City of Auburn and Sound Transit
if the rate is less than estimaxed or bill for aclditional;costs if the final rate is higher than
- estimated. ~
8. INDEMNIFICATION AND LEGAL RELATIONS
8.1 It is understood and agreed that this Agreement is solely for the benefit of the Paities hereto
and gives no right to any other person or entiry. No joint venture or partnership is formed as a
result of this Agreement. No employees or agents of one Party or its contraetoxs or
subconuactors shall be deemed, or represent themselves to be, employees, agents, contractors
or subcontractois of the other Parry.
82 Each Party shall comply, ancl shall ensure that irs contractois and subconuactors, if any, comply
with all federal, state and local laws, regulations, and ordinances applicable to the work and
services to be performed under this Agrreement
83 Each Party sha11 protect, defend, indemnify and save harmless the other Pazty, its elected
officials, officers; officials, employees and agents while acting within the scope of their
employment as such, from any and all costs, claims, judgments, and/or awards of damages,
arising out of or in any way resuhing from each Paity's own negligent acts or omissions: Each '
Party agrees that it is fully responsible for the acts and omissions of its own subcontractors,
, their employees and agents, acting within the scope of their employment as such, as it is for the
acts and omissions of its own employees and agents. Each Party agrees that its obligations
under this provision extend to any claim, demand, and/or cause of action brought by or on
behalf of any of its employees or agents. The foregoing indemnity is specifically and expressly
intended to constitute a waiver of each Patt-/s immunity under Washington's industrial
Insurance Act, RCW T'rtle 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 clairns made by the
' indemnitor's employees. The Parcies acknowledge that these provisions were specifically
negotiated and agreed upon by them
8.4 Each Paiq/s rights and remedies in this Agreement are in addition to any other rights and
remedies provided by law.
8.5 This Agreement shall be interpreted in accordance with the laws of the Sta.te of Washington.
The Superior Couxt of King County, Washington, located in Seattle, Washington, shall'have
exclusive jurisdiction and venue over any legal action arising under this Agreement.
8.6 Pierce Transit shall defend; indemnify, and hold harmless Sound Transit and its officials,
employees, and agents agains:t elaiins, demands, suits, actions, damages, or liability (collectively
"Claiins") for labor protections provided to Pierce TrAnsit's transit employees or contractors
under 49 US.G 5333(b) that are based upon a Pierce Transit or Sound Transit 13(c) agreement
or arise out of , are connected to, or are materially related to the commencement, operation ,
modification, or ternvnation of the service provided uncler this agreement Pierce Transit's
obligation to indemnify Sound_ Tiansit shall apply whether brought under Pierce Transit's or
Sound Transit's 13(c) agreement, orboth.
8.7 The provisions of this sectionshall survive anyterniination of this Agreement.
9. CHANGES AND MODIFICATIONS
This Agreement may be amended or modified only by prior written agreement signed by the
Parties hereto.
10. TERMINATION OF AGREEMENT
10.1 Any of the parties may terminate this Agreement, in whole or in part, for any reason
provided, however, that insofar as practicable, the Party terminating the Agreement will..give
not less than 135 calendar da.ys prior to Pierce Transit's Februa.ry, June or September service
change, by written notice delivered by certified mail, return receipt requested, of intent to
terminate. In so far as possible such temlination should be timed with Pierce Transit's
Febiuary, June or September service change. Such ternunation shall be by written notice
delivered bycertified`mail, return receipt requested, of intent to ternvnate.
10.2 If either the City of Aubutn or Sound Transit ternunate, the terminating party will pay Pierce
T'ransit a pro-rated amount for services perFormed in accordance with the Agreement to the
daxe of ternunation.
11. FORCE MAJEUR.E
Either Party shall be excused from perforniing its obligations under this Agreement during
the time and to the extent that it is prevented from .performing by a cause beyond its control,
including, but not limited to: any incidence of fire, flood, earthquake or acts of nazure;
strikes or labor actions; commandeering material, prbducts; or facilities by the federal, state
or local govemment; and/or national fuel shortage; when satisfactory evidence of such cause
is presented to the other Parry, and provided furtlier that such non perfornia.nce is beyond
the control and is not due to the fault or negligence of the Patty not performing. In no
event, however, shall this provision eliminate the, obligation to make payment to Pierce
Transit for work performed in accordance with this Agreement ' 12. WAIVE R OF DE FAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent defaulL, 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 in writing, signed by authorized Parties and attached
to the original Agreement.
13. ASSIGNMENT
This Agreement shall be binding upon the Parties, their successors, and assigns; provided,
however, that neither Pany shall assign nor transfer 'in any manner any interest, obligation or
benefit of this Agreement without the other's prior written consent.
. 14. . NO THIRD PARTY BENEFICIARIES
Nothing in this Agreement, express or implied, is intended to confer on anyperson or entity
other' than the Parties hereto and their respective successors and assigns any rights or remedies under or by virtue of this Agreement.
15. MUTUAL NEGOTIATION AND CONSTRUCTION
This Agreement and each of she terms and provisions hereof shall be deemed to have been
explicitly negotiated between, and mutually drafted by, the Parties, and the language in all
, ~
parts of this Agreement shall, in all cases, be construed according to its fair meaning and not
strictly for or against either Parry.
16. , ALL TERMS AND CONDITIONS
'I'his Agreement merges and supexsedes all prior negotiations, representations and
agreements. between the Parties relaxed to the subject matter hereof and consututes the
entire agreement between the Parties. This Agreement may be amended only by written
agreement of the Pazties. This Agreement contains all the terms and conditions agreed upon by the Parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
, deemed to exist or to bind any of the Parties hereto.
17. CONTACT PERSONS
The Parties shall designate a contact person for purposes of sending inquiries and notices - regardixig the execution and fulffflment of this Agreement.
Ci of Auburn
Contact Name T'iffin Goodman
Organization of Auburrm
, Title Trans ortation Planner
. Address 25 W. Main Street
- Aubum, WA 98001
Tele hone 253-288=7447
Fax 253-931-3053 -
E-Mai1 tgoodman@aubumwa.gov
Sourid Transit `
Contact Name ' Mike Be man
Title Service Plannin and Develo ment Progmm er
Address 401 S. Jackson Street !
Seattle, WA 98104-2826
r` Tele hone 206-398-5358
Fax 206-398-5215
E-Mail mike.be inan@soundumnsit.o
Pierce Transit
Conta.ct Name Kell Ha en
Title Director of PLmning
Address P.O. Box 99070
Lakevvood, WA 98496-0070
Tele hone 253-9848217 Fax 253-581-8075
E-Mail kha en@ iercetransit.o
;
18. Each ParCy wari-ants and represents that its execution of this Agreement has been authorized ~
by its governing body via ordinance or motion.
19. Effective Date. This Agreement shall take effect when it is signed by all the Parties hereta
The Parties have executed this Agreement on the day of ,
: 2008.
SOUND TRANSIT CITY OF AUBURN '
By:
T"rtle• T'itle-
o. vo c'
Date: Date- I Z s Jo8
Appmved as to form . ,
Sound Transit Legal Counsel
PIERCE T T '
, B
l.✓' ' .
- T"itle:
Date: ~
Attachment A
Direct Financial Partnership Scope of Work
Lakeland Hills Senvice
City of Auburn .
Pierce Transit
Sound Transit
I. Monetary Contiibutions: Monetary coirtributions arie defined in Exhibit 1 to
this Attaehment A arid are described below:
A. The actual annual costs the Parties agree to pay under this interlocal agreement
shall be determined in accordance with Section 5 of this Agreement. B. The City of Auburn and Sound Transit each agree to contnbute one _third of the
costs of the service' based on Pierce Transit's fully allocated rate for "blended" "
(both'direetly operated arid eontracted) SHUI'IT.E service. Pierce Transit will
provide three 25 foot transit, "Bus Plus" vehicles (two active and one spare) for the
_ service with an agreed upon value of $58,435J2. In addition, Pierce Transit agrees
to eontn~liute the difference between the agreed upon cost of the vehicles and one
third of the service cost. `
Based on Exhibit I; the City of Auburn's estimaied cost is $116,871. Sound Transit's
estimated cost is $116,871 and Pierce Transit's estimated cost is $116,870; of which
$58,435 is for service and $58; 435 is for vehieles.. These financial contnbutions will, .
be for service and vehicles on a new Lakeland I-i'ills commuter route as defined in
Service Description of this,Attachment A.
If actual costs exceed the.estimated amount, the paraiers will be liable forthe higher ,
cost. Pierce Transit.ovill ma.ke every effort to monitorthe houxs of service provided
to assist in determining if cost increases appear likely. The Parties need to approve
any increases in the, number of hours of service over houis estimated in this
Attachment A.
II. Transit Seivice Enhancements
A. City of Auburn:
. 1. Promotion:
Provide promotional materials about service to the.;Lakeland communiry. ~
, 'I1vs will be accomplished tlirough: , a} Quarterly neighborhood direct mailings. b) . Press releases in local newspapeis:
, c) Advertising on local TV 21.
d) Bus maps; timetables, and bike ma.ps. e) Assistance in commute planning provided on the City of `
. Aubum Web site.
2. Parking Management: -
a) Provide lead in identifying addirional park and ride spaces and .
securing additional park and-ride stalls/loeations to support
the Lakeland Ilills feeder sexvice. The C'aty of Auburn will be
responsi'ble for the maintenance of any park: and-ride facilities
established pursuant to this agreement.
3. Bus Stop_ Signs:
a) The City of Aubum will pmvide one stop pernutting for bus stop .signs and staxion access areas for the project.
B. Pierce Transit:
1. Promotion:
1. Pierce Transit will advertise'the new service via its normal i
, marketing channels, and vvill include the service information in
Pierce Transit timeta.bles and on Pierce Transit's Web site.
2. Bus Stops:
a) Pierce Transit will locate and install bus stop signs. Pierce Transit
. will maintain bus stop areas.
C. Sound Transit:
1. Pmmotion:
a) Sound Transit will advertise the new service via its normal
marketing channels and wM include the service information on ,
Sound Transit timetables and on Sound Transit's Web site.
b) Sound Transit will include promotional advertising at the Auburn
' Sounder Station.
2. Station Access:
2. Sound Txansit will provide area for the La.keland Hlls buses to
la.yover'at the Auburn Sounder Staxion.
III. Service Description
The new Lakeland HHills feeder serviee will operate between. Lake Tapps Parkway and "
Aubum Stauon, with one-wayservice to the station in she a.m peak arid from.the sta.rion to
Lakeland H'ills in the p.m peak:, Tlie intent of the new service is to provide peak service to
connect residential areas to the Auburrm Station to facilitate transfers to Sounder commuter
rail, Sound Transit express bus service and Metro bus service. The service will generally be
consistent in seope and service levels vvith this description but it may vary from this
description should the City of Auliurn, Sound Transit and Pierce Transit mutually agree to
the changes.
IV. Service Duration
Service under this agreement shall commence on February 9, 2009 and terininate on
February 2010. It is the undeistood that this project will continue in February2010 under
a new partnership agreement with King County, the City of Auburn and Pierce Transit.
V. Service Cost Estimate
The estimated cost is a planning level estimate based on the hours and miles identified on
the spreadsheet attached `hereto as Exhibit 1 entitled "Preliminary Cost Estimate" which is incorporated into and made a part of this Agreement bythis reference. The actual hours
and miles needed to operate the service is dexermined by Pierce Transit during the
scheduling of the service prior to implementation. The actual fully allocated cost may be
higher or lower than the estimate provided in Exlubit 1.
Below are assumptions that serve as the basis of the service cost estimate:
. • Total annual hours: 3,848
, • Estimatedfullyallocated annual cost $292,179
s City of Auburn's estirnated annual share of fully allocated annual cost:
Forry pereent ($116,871 based on 2008 fully allocated annual cost)
, • Sound TrAnsit's estimaxed annual share of fully allocated annual cost:
Fony percent ($116,871 based oii 2008 fully allocated anriual cost) • Pierce Transit's estima.ted annual share of fully allocated cost: Twenty percent ($58,436 based on 2008 fully allocated annual cost)
• The cost of service will be deternuned by Pierce Transit's fully allocated
- rate for "blerided" (both directly operated and contractec) SHU1'I'LE
services.
• Pierce Transit will retain fare box revenue.
Exhibit 1- Preliminary Cost Estimates
Senrice cost Estimate
Rate/hour
Pierce Transit "blended" cost
Route Da Direction Time ' Descrition # of Tri Est'd hrs $75.93 Total Cost
Lakeland
Hills to
5:00 a.m. - Aubum
LH M-F North 8:00 a.m. Station _ 7
Aubum
Station to
4:00 p.m. - ; Lakeland
LH M-F South 6:30 p.m.: Hills 7 3,848 $292;178.64 $292,178.64
Vehicle Cost Estimate
# T e Cost
3 cutawa $58,435.64
Partners' Contributions Service lus Vehicles
Partner Amount Cost Type '
Ci ofiAubum $116,871.46 service cost Sound Transit $116,871.46 service cast
Pierce: Transit _$58,435.72 service cosY
subtotal $292,178.64.
: Pierce Transit ;$58,435.64 vehicle cost
total $350,614.28 _