HomeMy WebLinkAbout5520RESOLUTION NO. 5520
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF AUBURN AND THE AUBURN SCHOOL DISTRICT
RELATING TO PROJECT NO. CP1902 — PEDESTRIAN
SAFETY SIDEWALK AND ADA IMPROVEMENTS
WHEREAS, the City is designing and constructing pedestrian improvements
throughout the City, hereinafter referred to as the "City Project"; and
WHEREAS, the Auburn School District (District) is required to construct
improvements at the intersection of 124th Avenue SE and SE 316 Street, hereinafter
referred to as the "Improvements," to mitigate level of service impacts associated with the
Elementary 16 Project, hereinafter referred to as the "District Project" which lies adjacent
to the City Project; and
WHEREAS, constructing the City Project and District Project Improvements
concurrently will maximize public benefit; and
WHEREAS, the City is willing to include the design and construction of the District
Project with the City Project; and
WHEREAS, the District is willing to compensate the City for the City's costs to
design and construct the Improvements; and
WHEREAS, the City and the District are authorized to enter into this Agreement
pursuant to RCW 39.34.030.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 5520
May 14, 2020
Page 1 of 2
Section 1. The Mayor is authorized to execute an Interlocal Agreement with the
Auburn School District related to pedestrian safety sidewalk and ADA improvements,
which Agreement will be in substantial conformity with the Agreement attached as Exhibit
a
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directions of this Resolution.
Section 3. This Resolution will take effect and be in full force upon passage and
signatures.
Signed June 1, 2020.
ATTEST:
Shawn Campbell, MMC, City Clerk
Resolution No. 5520
May 14, 2020
Page 2 of 2
CITY OF AUBURN
A�C_Y IJTu S, i\�A70R
�—-APPROVED AS TO FOR
Kendra Comeau, City Attorney
INTERLOCAL AGREEMENT BETWEEN
CITY OF AUBURN AND AUBURN SCHOOL DISTRICT
FOR CITY PROJECT NO.CP1902 - PEDESTRIAN SAFETY
SIDEWALK AND ADA IMPROVEMENTS
THIS INTERLOCAL AGREEMENT (Agreement) made and entered into on this
day ofs)i..l€. 151- , 2020, by and between the City of Auburn, a municipal corporation of
the State of Washington, hereinafter referred to as "City" and, the Auburn School District,
hereinafter referred to as the"District."
WITNESSETH:
WHEREAS, the City is designing and constructing pedestrian improvements throughout
the City,hereinafter referred to as the"City Project"; and,
WHEREAS,the District is required to construct improvements at the intersection of 124th
Avenue SE and SE 316th Street, hereinafter referred to as the "Improvements", to mitigate level
of service impacts associated with the Elementary School No. 16 Project, hereinafter referred to
as the"District Project"which lies adjacent to the City Project; and,
WHEREAS,constructing the City Project and District Project Improvements concurrently
will maximize public benefit; and,
WHEREAS, the City is willing to include the design and construction of the District
Project with the City Project; and,
WHEREAS, the District is willing to compensate the City for the City's costs to design
and construct the Improvement in an amount not to exceed the amount listed in Section 1 of this
Agreement; and
WHEREAS,the City and the District are authorized to enter into this Agreement by RCW
39.34.030.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
THE PARTIES HERETO DO HEREBY AGREE as follows:
1. General
The District shall reimburse the City a maximum amount of eighty-five thousand dollars
and no cents ($85,000.00) for direct and related indirect costs to complete the
Improvements in accordance with the estimate shown in Attachment A. The City agrees
to design and construct the Improvements, which include the installation of a Rapid
Rectangular Flashing Beacon system(RRFB)pedestrian crosswalk system,approximately
75 feet of curb, gutter and sidewalk, a new curb ramp, and restriping of the current
dedicated south bound left turn lane to a two-way left turn lane.
Page 1 of 5
The City will provide the District with a separate engineer's estimate for the Improvements
portion of the construction contract.
The City will procure and administer contracts associated with completing the
Improvements in accordance with the applicable requirements of local, state, and federal
laws, including,but not limited to requirements of:prevailing wages,competitive bidding,
Title VI non-discrimination,contractor bonding and payment retainage,and in accordance
with the City of Auburn Design and Construction Standards.
2. Compensation and Payment.
The parties shall finance the City Project reflected in this Agreement as follows: District
agrees to reimburse the City actual direct and related indirect costs associated with
performance of the Improvements work in an amount not to exceed the amount listed in
Section 1 of this Agreement.The cost estimate breakdown of the Improvements is attached
as Attachment A.The City shall be solely responsible for all costs that exceed this amount,
unless the Parties implement Section 4. The amount reimbursed to the City by the District
will be reduced by the amount of funds, if any,the City receives from King County Metro
for the purposes of constructing the Improvements.
Upon completion of the City Project, the City shall submit one inclusive first and final
itemized invoice to the District's representative, Jeffrey L. Grose, 915 Fourth Street
NE, Auburn, WA, 98002, for the City's actual direct and related indirect costs incurred
associated with performance of the City Project. The District shall provide payment in full
within sixty (60)calendar days upon receipt of the itemized invoice. If the District objects
to all or any portion of the invoice,the District shall notify the City within twenty(20)calendar
days after receipt of the City's invoice. If only a portion of the invoice is disputed,the District
agrees to pay the undisputed portion of the invoice. The Parties shall immediately make every
effort to settle the disputed portion of the invoice.
Both parties have established and maintain an appropriate budget for the obligations in this
Agreement as required by law.
3. Time for Performance and Term of Agreement.
The Term of this Agreement shall commence on the date hereof and shall terminate upon
completion of the performance of the Improvements by the City or as otherwise provided
in paragraph 15 of this Agreement.
4. Cost Increase.
The total Agreement amount includes approximately$10,000.00 of contingency to address
changes and unexpected conditions that may be reasonably expected for the Improvements.
Within ten(10)calendar days of the City becoming aware that the Improvement costs may
exceed the amount listed in Section 1 of this Agreement, it shall notify the District in
writing and mutually agree upon a course of action in execution of the Improvements.
5. Ownership and Use of Documents.
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise prepared by
Page 2 of 5
either party as part of its performance of this Agreement shall be owned by and become
the property of that party, and may be used by that party for any purpose.
6. Records Inspection and Audit.
(a) The City shall maintain books, records, documents, correspondence and other
evidence pertaining to the costs and expenses of the Improvements (hereinafter referred to
collectively as "the records"), to the extent and in such detail as will properly reflect all
costs, direct and operating, of labor,materials, equipment, supplies and services and other
costs and expenses of whatever nature for which reimbursement shall be provided by the
District. The books and records required under this Section shall be maintained in
accordance with generally accepted accounting standards.
(b)The City shall retain the records and make them available for audit for a period
of six(6)years after final payment is made by the District.
7. Continuation of Performance.
In the event that any dispute or conflict arises between the parties while this Contract is in
effect, the parties agrees that, notwithstanding such dispute or conflict, the parties shall
continue to make a good faith effort to cooperate and continu e work toward successful
completion of assigned duties and responsibilities.
8. Administration of Agreement.
This Agreement shall be administered by the Auburn School District Capital Projects
Department on behalf of the District, and by the Mayor of the City, or designee, on behalf
of the City. Any written notices required by the terms of this Agreement shall be served
on or mailed to the following addresses:
City of Auburn Auburn School District
Auburn City Hall Contact Name:Jeffrey L. Grose
25 West Main Title:Executive Director of Capital Projects
ATTN:Jacob Sweeting Address: 915 Fourth Street NE
Auburn, WA 98001-4998 Auburn, WA 98002
(253) 804-3118 Email:jgrose@auburn.wednet.edu
Phone: 253-931-4826
9. Notices.
All notices or communications permitted or required to be given under this Agreement
shall be in writing and shall be deemed to have been duly given if delivered in person or
deposited in the United States mail, postage prepaid, for mailing by certified mail, return
receipt requested,and addressed, if to a party of this Agreement,to the address for the party
set forth above, or if to a person not a party to this Agreement, to the address designated
by a party to this Agreement in the foregoing manner.
Any party may change his,her or its address by giving notice in writing, stating his,her or
its new address,to any other party, all pursuant to the procedure set forth in this section of
the Agreement.
Page 3 of 5
10. Insurance.
Each party shall maintain insurance in accordance with its policies.
11. Indemnification.
Each party shall indemnify, defend and hold harmless the other party and its officers,
agents and employees,or any of them from any and all claims,actions,suits,liability, loss,
costs, expenses, and damages of any nature whatsoever, including attorney fees, by any
reason of or arising out of the act or omission of that party, its officers, agents, employees,
or any of them relating to or arising out of the performance of this Agreement except for
injuries and damages caused by the sole negligence of the indemnifying party. If a final
judgment is rendered against the indemnified party, its officers, agents, employees and/or
any of them, or jointly against the indemnifying party and the indemnified party and their
respective officers, agents and employees, or any of them, the indemnifying party shall
satisfy the same to the extent that such judgment was due to the indemnifying party's
negligent acts or omissions.
12. Amendment, Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the party or
parties to be bound, or such party's or parties' duly authorized representative(s) and
specifying with particularity the nature and extent of such amendment, modification or
waiver. Any waiver by any party of any default of the other party shall not effect or impair
any right arising from any subsequent default.
13. Entire Agreement.
This Agreement contains the entire understanding of the parties hereto in respect to the
transactions contemplated hereby and supersedes all prior agreements and understandings
between the parties with respect to such subject matter.
14. Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall be one and
the same Agreement and shall become effective when one or more counterparts have been
signed by each of the parties and delivered to the other party.
15. Termination.
Neither the District or City may terminate this agreement without the written concurrence
of the other party.
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN AUBURN SCHOOL DISTRICT
if
ancy ilks44, jib 110
40,,,;if.. wri ions
- i-di Bla field ;
Mayor sociat- uperintendent,
s and Operations
Attest:
Shawn Campbell, City Clerk
Approved as to form:
< 0 0 -
K- - omeau,City Attorney
Page 5 of 5
Attachment A
CP1902, Pedestrian Safety Sidewalk and ADA Improvements
Engineer's Estimate
Schedule C-Street Improvements(Additive 1) $ 62,500.00
Schedule A Sales Tax 0% $0.00
Subtotal Schedule A $62,500.00
Construction Contract Contingency $10,000.00
TOTAL CONSTRUCTION ESTIMATE $72,500.00
Design:
Design Engineering (In-house) $6,500.00
Construction:
Construction Engineering (In-house) $6,000.00
TOTAL DESIGN ESTIMATED COSTS $12,500.00
TOTAL PROJECT ESTIMATE $85,000.00
Attachment A
Schedule C-Street Improvements(Additive 1)
Site 2
Sales Tax Rate 0%
Bid Std or Sec. Description Quantity Unit Unit Price Total Price
Item ._SP___ _No._. __ ___ _.___.__. _,___ . _____ . _- ____-.-- _ ----_-
1 Std 1-04 Minor Changes 3500.00 EST $ 1.00 $ 3,500.00
2 Std 1-07 SPCC Plan 1.00 LS $ 30.00 $ 30.00
3 Std 1-09 Mobilization 1.00 LS $ 5,400.00 $ 5,400.00
4 SP 1-10 Project Temporary Traffic Control 1.00 LS $ 2,100.00 $ 2,100.00
5 SP 1-10 Traffic Control Supervisor 1.00 LS $ 450.00 $ 450.00
6 Std 2-01 Roadside Cleanup 300.00 EST $ 1.00 $ 300.00
7 SP 2-02 Clearing and Grubbing 1.00 LS $ 600.00 $ 600.00
8 SP 2-02 Removal of Curb and Gutter 36.00 LF $ 10.00 $ 360.00
9 SP 2-02 Removal of Concrete or Asphalt Pavement 43.00 SY $ 12.00 $ 516.00
11 Std 4-04 Crushed Surfacing Top Course 15.00 TON $ 55.00 $ 825.00
12 Std 5-04 Commercial HMA 6.50 TON $ 200.00 $ 1,300.00
13 Std 7-05 Adjust Catch Basin 1.00 EA $ 300.00 $ 300.00
14 Std 8-01 Inlet Protection 9.00 EA $ 80.00 $ 720.00
15 SP 8-02 Roadside Restoration 1000.00 EST $ 1.00 $ 1,000.00
16 Std 8-04 Cement Conc.Traffic Curb and Gutter 100.00 LF $ 40.00 $ 4,000.00
17 Std 8-04 Cement Conc. Pedestrian Curb 12.00 LF $ 35.00 $ 420.00
18 Std 8-14 Cement Conc,Curb Ramp Type Parallel A 1.00 EA $ 3,000.00 $ 3,000.00
20 SP 8-14 Cement Conc.Sidewalk 35.00 SY $ 40.00 $ 1,400.00
Std 8-14 Detectable Warning Surface 8.00 SF $ 100.00 $ 800.00
21 SP 8-20 RRFB 1.00 LS $ 28,000.00 $ 28,000.00
SP 8-21 Traffic Sign 2.00 LS $ 1,000.00 $ 2,000.00
22 Std 8-21 Relocate Permanent Traffic Sign and Post 2.00 EA $ 200.00 $ 400.00
23 Std 8-22 Plastic Crosswalk Line 276.00 SF $ 6.50 $ 1,794.00
24 Std 8-22 Paint Line 641.00 LF $ 3.50 $ 2,243.50
Std 8-22 Removing Painted Traffic Marking 4.00 EA $ 3.50 $ 14.00
25 Std 8-22 Remove Paint line 685.00 LF $ 1.50 $ 1,027.50
Subtotal Schedule C $ 62,500.00
-.,* ,9
CITY OF *_r;: *%''
Nancy Backus,Mayor
WASH INGTON 25 West Main Street * Auburn WA 98001-4998* www.auburnwa.gov* 253-931-3000
May 1, 2020
Jeffrey L. Grose
Executive Director of Capital Projects
Auburn School District No. 408
915 4th Street NE
Auburn, WA 98002
(253) 931-4826
jgrose@auburn.wednet.edu
RE: Elementary 16 Traffic Mitigation
Dear Mr. Grose:
This letter represents concurrence between the City of Auburn(City)and the Auburn School
District (District) regarding traffic mitigation necessary at the intersection of 124th Ave SE
and SE 316th Street (Intersection) as a result of the Elementary 16 Project (Project). The
District completed the SEPA Environmental Evaluation and issued a determination of non-
significance on October 16, 2019. Subsequently,the District continued to work with the City
to address City review comments of the Traffic Impact Analysis for the Project. The work
involved evaluation of additional intersections to determine impacts and required mitigation.
The evaluation showed that the Project increased delays at the Intersection. The analysis
of baseline conditions showed that the Intersection will operate below adopted level of
service standards without the Project. Therefore, mitigation is required to improve the
intersection operations to baseline condition or better.
The City and District cooperatively developed an approach to mitigate the impacts by
making improvements to the Intersection. The improvements are to convert the southbound
left-turn lane on 124th Ave SE at the Intersection into a two-way left-turn lane and to
construct pedestrian improvements at the Intersection to encourage reduction in vehicular
traffic and increase transit and non-motorized travel. The District provided a memo dated
April 10, 2020, that indicates these improvements mitigate the Project impacts at the
Intersection. The reduction in delay exceeds the delay caused by the Project and therefore
the improvements may also be considered as mitigation, if needed,for the District's Lea Hill
Elementary re-build project.
The City currently has a project it intends to construct in the summer of 2020 that includes
pedestrian improvements at many sites throughout the City, including this Intersection(City
Project). However, the City Project includes improvements at the Intersection as an
alternate bid to only be constructed if the City is able to secure funding for the
improvements.The City has been working with King County Metro(Metro)to secure funding
for a portion of the improvements and Metro has indicated that it may contribute up to
$50,000.00 towards improvements at the Intersection.
ENG-163-ELH, Revised 12/19 AUBURN * MORE THAN YOU IMAGINED
Auburn School District
May 1, 2020
Page 2 of 2
The District and City have agreed to include the required improvements to mitigate the
Project impact with the City Project. The District will pay the City for its costs to design and
construct the project, estimated to be $75,000.00. This amount will be reduced by any
funding the City receives from Metro for improvements at the Intersection. If the actual costs
exceed$85,000.00,the City and District shall evaluate the costs and benefits of proceeding
with the Project and mutually agree upon a course of action. This arrangement will be
established through an agreement to be executed between the City and District prior to the
City awarding its construction contract. The agreement will include provisions to address
cost overruns, estimation of soft costs, and basis for construction costs.
Sincerely,
Jacob Sweeting, ISE.
City Engineer, Assistant Director of Engineering Services
Public Works Department
The District concurs with the mitigation approach detailed in this letter:
EDigitally signed by Jeffrey L Grose
rDN:IC=US,
Jeffrey L GrosE-Efigrose@auburn.wednet.edu,
CN=Jeffrey L Grose
Date2020.05.02 08:43:53-07'00' Date: May 2, 2020
Executive Director of Capital Projects,Auburn School District N.408
JS/as
cc: Alexandria Teague
SEP-19-0029
Electronic Distribution Only
ENG-163, Revised 12/18